All Posts by eric1000

To be honest taking legal action against Funcom would not be the way to go, for one the case would be hard to prove and expensive to implement.  There are however better and free ways to cause public embarrassment to Funcom.  A couple of years back a certain software developer released a product that was riddled with bugs and eventually a few of the people that bought the software complained about it to a TV consumer program, which led to the head of the development team having to answer some very searching questions in defence of his company on TV.  He didn't do very well and the company was shown up for what it was.

If you feel really strongly about AoC and what Funcom have pulled just register your complaints about it here http://www.bbc.co.uk/consumer/tv_and_radio/watchdog/contact_index.shtml  no need for legal action but it's a certain kick in FC's nuts.

Originally posted by Hrothmund

The vigilante law student doesn't stand a chance. Deceptive marketing, yes he can actually win there, but come on, what are the overall damages for him, fifty bucks? He will get laughed out of court.

If doing it for himself only perhaps, and correct me if I'm wrong here but isn't it possible in the states to sue on behalf of Everyone that bought the Box?

Originally posted by Bakoryo

you've never read the "Online game experience may change during time." on the package?

Though im not quoting it. But it's there anyhow. And since when should you belive what the package says?

 

It's like commercials. "This toothpaste gives you white teeth!"

 

And oh, suing a game for refund on the box bought. It can only happen in the states!

Nah it can happen in the UK as well under the trade descriptions act and misrepresentation of goods act.  It is actually more illegal in the UK to claim features on the packaging that are not in the product than it is in the states.  Much of what is on the box can be covered by the online experience yada yada yada, actually claiming DX10 & Multi-Core support when there is no DX10 and only dual core support is a definate no no.

To clarify it for you further here are the four terms of misrepresentation as recognised by law:

• Fraudulent misrepresentation (Derry v. Peek) occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly.^[20]
• Negligent misrepresentation at common law occurs when the defendant carelessly makes a representation while having no reasonable basis to believe it to be true. This type of misrepresentation is relatively new and was introduced to allow damages in situations where neither a collateral contract nor fraud is found. It was first seen in the case of Hedley Byrne v. Heller [1964] A.C. 465 where the court found that a statement made negligently that was relied upon can be actionable in tort. Lord Denning in Esso Petroleum Co. Ltd. v. Mardon [1976] Q.B. 108 however, transported the tort into contract law, stating the rule as:

if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another…with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable

• Negligent misrepresentation under Statute, enacted by the Misrepresentation Act 1967. When dealing with a negligent misrepresentation it is most lucrative^[21] (joint with fraudulent misrepresentation, Contributory Negligence notwithstanding^[22]) for an action to be brought under statute law as the burden of proof that is required passes to the person who made the statement. So it is for the person who made the negligent statement to prove that the statement was either not one of fact but opinion and that "had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true"^[23] - the so-called innocent defence.

This creates an inconsistency of law due to the low burden and damages being calculated as extensive as those under fraudulent misrepresentation whereby a "wicked mind"^[24] is the basis of action. It is, to use the words of Rix J, "a mighty weapon"^[25]. Due to academic and judicial criticism in this area, the law is ripe for reform - probably adjusting the measure of damages to that of negligent misrepresentation at common law.^[26]

• Innocent misrepresentation occurs when the representor had reasonable grounds for believing that his or her false statement was true.^[27] Prior to Hedley Byrne, all misrepresentations that were not fraudulent were considered to be innocent. This type of representation primarily allows for a remedy of rescission, the purpose of which is put the parties back into a position as if the contract had never taken place. Section 2(2) Misrepresentation Act 1967, however, allows for damages to be awarded in lieu of rescission if the court deems it equitable to do so. This is judged on both the nature of the innocent misrepresentation and the losses suffered by the claimant from it.

Originally posted by darwa

Just a drunken buffoon with no idea how these things work.

Did anyone get a box with all these 'promises' on? I just checked mine and it's decidedly lacking.

Charge into battle on horses and mammoths and lay siege to hostile castles in epic battles ( direct quote from the box )

And just above the system requirements we have 'Enhanced for DirectX 10 & Multi-Core'

As a side note it also says roam king conans world which is also misleading as the game is exceptionaly linear, roaming as it puts it hints at a sandbox type world but that's just being picky I suppose.

DAoC but if you are new to the game you may find it hard getting a toon high enough to really participate in the RvR.

Originally posted by Nightbringe1

Originally posted by Asiak

One more question I'm reading the WAR wiki about the Dark Elf classesI see Witch Elf, Disciple of Khaine, and Sorceress but these professions aren't locked into a specific gender are they?

 

Witch Elf = Female only
Disciple of Khaine = male or female
Sorceress = female only (by lore), rumormill says there may be a male option.

There are male sorcerers, not a rumour, a fact as stated in one of paul b's podcasts, look it up.

Nope, next question.

It should have been released when it was ready to be released and not before.  Funcom are indeed responsible for releasing early but I have no doubt that financial issues forced their hand a little.  The owners of the IP must also carry some of the responsibility for allowing a small, piss poor company to have it in the 1st place.  By this time next year AoC will be all but dead.

Originally posted by Papilotti

Is there a possible way to order an EU version from EA?

Don't think so unless you want the American client,  Click this link http://www.war-europe.com/#/event/?lang=en and scroll down, the list of Eu retailers is at the bottom.

You can't enter any of them yet, GOA need to get the finger out.

Here you go http://eastore.ea.com/store/ea/ContentTheme/pbPage.warhammerPreOrder/ThemeID.718200

Lots of info at these links:

http://www.warhammeronline.com/podcast/index.php

This is the one you want :)  http://www.eurogamer.net/tv_video.php?playlist_id=6689

Mythic mentioned this in one of the podcasts.  Yes you can play a male DE sorcerer.  Mythic went to GW and asked them about it and GW came up with a reason why there were male sorcerers.  The females don't like it but they are there.

EA are listing the release as 23rd september http://www.ea.com.sg/en-sg/games/pc/warhammer/warhammeronline_collectors/  but nobody from Mythic has confirmed that yet.l

They do nothing without reason grasshopper :)

Imagine if you will the presentation at the Funcom offices:

'See it's like this see.  we sold 700,000 boxes which made us a shit load 'o' money but like, it's running out see and there aint enough people who aint cancelled already to pay for Gautes next 'We will kill WoW' virtual fantasy so I came up with this, get people to pay for a buddy trial.... yup, I know, inspired right.  I mean if only half of those sucke... ahem I mean people who bought the box hand out a buddy key and those they hand them out to pay $2 a pop to download this shit pile that's another $700,000.  We could even get Gaute that 'I'm Brad Mcquaid's Daddy' Fantasy he's been dreaming of, radical doodzzzz!!!

Taliban suicide missile or a Funcom Dev, take your pick.

http://i69.photobucket.com/albums/i60/stuka_bucket/fakir.jpg

Originally posted by Dreamagram

Originally posted by LondonMagus

I couldn't care less.

AoC is meant to be 18+ & 43% of Xfire users are aged 12-17, so why is it supposed to be relevant?

I already pointed out in the first post that the numbers are not a true representation, as it's based purely on the Xfire community's time in the games. That's interesting numbers about Xfire though. Do you have a source/link for more of those? I'm a sucker for (reliable) numbers. :-)

I think it'll be interesting to see whether the guesses of this forum community turn out to be too optimistic, too pessimistic or pretty much dead on a month or two down the road. So the poll is maybe more about this forum community than about AoC itself.

Originally posted by LondonMagus

I can understand why people are annoyed, but not why others are obsessed with wanting to see it fail.

If Funcom do manage to fix things in time & enough people are left that still enjoy playing it to survive the bumpy launch & start building a stable commmunity, what is wrong with that?

Fully agree with this. I hope people "vote" what they think will happen, not what they want. And wanting any game to fail is in my opinion a petty thing.

Not so petty actually.  AoC was meant to be a tripple A rated game and was one of the most eagerly awaited titles in the MMO genre.  What FC delivered was a half finished mess and the game going down in flames would be the best thing to happen to the MMO industry in years.  The spectacular failure of a game like AoC would send a clear message to other developers that the paying public will no longer accept broken promises, lies and half arsed cash cows.  This may seem harsh for those that play the game but the industry would be better for it in the long term and that means that it's the players who would eventually benefit from higher quality titles. 

http://herald.warhammeronline.com/warherald/NewsArticle.war?id=153

http://herald.warhammeronline.com/warherald/NewsArticle.war?id=155