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Sony featured on Watchdog (Thursday 28th, 8pm UK) - theft and "no refunds."

Marlenus

Member
You go to the retailer because that is who you, as a consumer, have a contract with. The consumer does not have a contract with the dev or publisher.

Personally I think all it will take is someone sufficiently motivated to take this to court. Banning accounts after a charge back for a fraudulent transaction, especially after you contact SCEE to sort it out first, is going to result in someone taking them to small claims court over the legally obtained licenses they no longer have. Once one person wins more will follow suit and SCEE will very very quickly change their stance.

I can understand, although not totally agree with, banning the account going forward but all past purchases must be fully accessible otherwise as someone else mentioned it is a punitive reaction to someone using their legal rights. I am pretty sure it is illegal but it will need someone to challenge them on it.
 

MilkyJoe

Member
I watched this last night, I can't believe the policy, I really cant. Especially the bricking their legit downloaded titles bit until they pay sony back the money Visa took back from them.
 
It absolutely is Sony's fault in the event that Battlefield 4 doesn't work as advertised on THEIR store.

I purchase a game from PSN expecting it to work – in addition, Sony are the ones selling me the game and getting a cut from the revenue. Their responsibility is such that they're the ones who should issue refunds on broken games – not only because they sell the damn product – but also because they do certification for the product to go onto the store and have it and test it prior to release. Regardless of how the capacity in which they test it in.

People using physical goods, such as cars, as an analogy doesn't make sense as they're completely different products. In the event it is the same as for example Ford not being responsible for the breakdown of my car, then I should be able to resell my digital games, right?

It's why the analogy doesn't work – it's why under EU law the retailer – in this case Sony – bears the responsibility for selling me broken products. It's their responsibility to then – through their relations with publishers – to establish refunds and compensation for their business side that they may have incurred as a result of having to refund people for a broken game they're selling.
 

Rosur

Member
I can understand, although not totally agree with, banning the account going forward but all past purchases must be fully accessible otherwise as someone else mentioned it is a punitive reaction to someone using their legal rights. I am pretty sure it is illegal but it will need someone to challenge them on it.

Yea I agree with this, at least In the UK/ EU I think it would be illegal but no one yet has challenged this sort of thing yet in court.

At most I think they should just block that card rather than ban the whole account.
 

Fisty

Member
Using your analogy, by the way, if you buy Saving Private Ryan on DVD from Walmart and it doesn't play properly, I assume you contact Steven Spielberg and ask him to fix it?

No. But if you bought Saving Private Ryan from iTunes and Tom Hanks keeps popping in and out of the movie, would you hold Apple accountable? Keep in mind this would be happening for the millions of people that bought access to this file on iTunes. The file that Apple is hosting on behalf of Dreamworks on good faith that the product is what the customer expects from said file.
 

iMax

Member
No. But if you bought Saving Private Ryan from iTunes and Tom Hanks keeps popping in and out of the movie, would you hold Apple accountable? Keep in mind this would be happening for the millions of people that bought access to this file on iTunes. The file that Apple is hosting on behalf of Dreamworks on good faith that the product is what the customer expects from said file.

Yes, of course I would?! Would you not?!?!?!
 

Fisty

Member
Yes, of course I would?! Would you not?!?!?!

So its Apples job to screen every movie and ensure it is exactly as it was when in theaters? Thats not the movie publisher's job, which should have been rectified before it even reached Apple?
 

iMax

Member
So its Apples job to screen every movie and ensure it is exactly as it was when in theaters? Thats not the movie publisher's job, which should have been rectified before it even reached Apple?

Of course it is. You don't sell a product that's defective from the outset. It's literally illegal.
 

Shin

Banned
Is it genuine though or is this make belief (no pun intended)?
I mean he could have logged onto his friend's console with his credential, made the purchase or his friend used his info and now claiming bloody murder (it has happen before).

I'm always a bit skeptical about these sort of claims, that's not to say it might not be true.
Am I missing something?
 

kingwingin

Member
No. But if you bought Saving Private Ryan from iTunes and Tom Hanks keeps popping in and out of the movie, would you hold Apple accountable? Keep in mind this would be happening for the millions of people that bought access to this file on iTunes. The file that Apple is hosting on behalf of Dreamworks on good faith that the product is what the customer expects from said file.
good faith? They should make sure the content is up to proper standards before putting it up for sale or be prepared to issue a refund when it doesn't work
 
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