Compensation for Chasm nerf discussion

@atomzed said:
@Blergh What you have been arguing is that:-
(1) Any change in the characters abilities/appearance can be constituted as a legal basis for claims.

(2) Any customer can sue for claims or request for recovery based on (1).

Is that correct?

If that is correct, it means that changes (both nerf and buff) to jubilee, Iron man, etc would mean that BCS is subjected to claims recovery?

Even a UI change can be construed as a change…. Can I claim back the amount that I have spend on the game?

No.

I am saying if they change the description for an item that was bought and paid for in an offer so it does something different than originally advertised, you are entitled to fair compensation due to the change in the item. In essence, it is no longer what you bought.

And you are protected against this under UK law and can seek a refund legally if it is not provided.

@entrailbucket said:
If the game ends, EVERY item that anyone has ever bought can no longer be used at all. Every single in-game purchase is "no longer what you bought" since the game no longer exists.

But nothing has been missold with a false description....

@dianetics said:
Ok, then you have to prove that at the time of purchase the marketing was indeed false.

If there are changes made to marketing material prior to purchase, you will have trouble again.

You have to prove that there was intentional deception in the marketing materials. The characters are not sold with their power descriptions. Again everything is so obfuscated (by design) that litigation becomes nigh impossible.

I don't think it has to be intentional for them to be liable.

They are the ones changing the terms of the contract we entered. This money is for these goods.

As they are the ones enacting the change, it they that breaching the original terms.

Sorry, we are changing what your money was for. Liability for the change rests with them.

@entrailbucket said:

@Blergh said:

@entrailbucket said:
If the game ends, EVERY item that anyone has ever bought can no longer be used at all. Every single in-game purchase is "no longer what you bought" since the game no longer exists.

But nothing has been missold with a false description....

So you're saying that if Chasm was just entirely deleted from the game, there's no compensation for that, but if he's altered somehow, you're due compensation by law?

Depends. Timeframe for buying exists. Think it is six years in legislation.

If they were removed from the game, and the game still exists. Yes.

I am not protected against a business closing due to a lack of profit. And the infringement on the consumers rests on the changing of description and information provided about digital content being changed or false.

It is not as described.

Closing a game doesn't mean I was missold anything. They also didn't breach the contract by changing the terms of the sale.

If MPQ shuts down, 505 will continue to exist. They're a big company that publishes a lot of games. By your logic they'd be required to refund all purchases made in the last six years???

@entrailbucket said:
If MPQ shuts down, 505 will continue to exist. They're a big company that publishes a lot of games. By your logic they'd be required to refund all purchases made in the last six years???

Again - consumer rights are protecting against misselling using incorrect information. When a company does this you are entitled to compensation. They give this they've met the law's requirement. It's only fair compensation. Low money means this is easily met with in-game stuff.

Consumer rights doesn't protect me from them closing stuff down. Nothing was missold. And I expect there is a lot of in-game giveaways as thanks that'd be viewed as compensation but presented as goodwill gestures.

You're getting a lot of free stuff that has been assigned value. Its compensation.

@entrailbucket said:
How is closing the game not "missold?" I was sold hero points because I could use them to buy stuff in the game. If the game doesn't exist anymore, I can't use them. This is the definition of missold.

You bought hero points. You received the hero points as listed on the original sales list.

I bought cover A* and received cover B- which wasn't on the original list of sale items at the point of sale. I have been given an item I didn't purchase.

Edit: I don't think what that is a game character and the nerf matters or has any relevance to what is going on here.

The simple facts are in this situation a person has agreed to the terms of a sale. And after the fact, the company has rewritten the terms of the sale without that person's consent.

They've taken their money in exchange for an item they've not agreed to buy. They've agreed to supply one thing. But given them something else.

Obviously someone needs to take Broken Circle to Judge Judy and settle this debate once and for all.

@Bad said:
https://massivelyop.com/2020/04/13/player-who-claims-a-mobile-rpgs-gacha-mechanics-were-falsely-advertised-loses-court-case/
This case just confirms what I said many pages ago.
Before installiing they ask you to agree with contract terms. Well, better said to read. The final button you must press is I agree.
You can read it in more detail.
If you don't agree, you won't be able to install the app.
If you agree and play there is almost nothing you can claim on courts.
And any harm you could argue it will be on you, as you are totally free to spend money or not.

Once again I will say this is oversimplified also. Governments will take action against this sort of thing if they consider it in the common good for people. Laws that exist to strike down illegal contract terms are enforceable but these companies are not stupid - they know what the law is in the regions they operate and they will stay within them.

But this is the difference we are talking about - individuals vs governments, it is not even in the same ballpark.> @Blergh said:

@entrailbucket said:
Ok, so let's take a fairly typical situation that's played out hundreds of times.

505 decides to end MPQ because it's no longer profitable for them. 505 is still there, but MPQ no longer exists. Under your logic, all money spent by all players must be refunded, because every product that anyone bought, ever, is no longer usable.

Among the hundreds of mobile games that have been shut down, have any given full, retroactive refunds?

That is entirely different.

Where is the false advertising related to a product there?

What Daz is saying is if I buy a lamp and end up with a candle I wouldn't be able to claim compensation as I need to get the legal profession to define lamp.

No I'm not but that certainly would be a good use of the act! What I am saying is that when you obtained the item digitally, it was a picture on a screen that had animations and numbers that represented certain in game values. If the Developers change what the in game numbers mean in the game it is still a digital picture on a screen that has animations of some sort. There is no legal precedent that I know of under Consumer law that says changing those number values constitutes a breach of the law. You claim it is false advertising? How? You will still have a picture of a Marvel character on a screen. Nobody promised that picture would ever not do different things.

But this is going around in way too many circles now so I retire. Lol!

It's just turning around the same a lot more.
There is no law restricting them to do what they want in their game(in Terms and Uses in your App explicitly says they can change things in the game with or without noticing you).
And that's the screen I posted you renounce to claim any damage or payment.
If you want to invalidate this contract terms that you already agreed, good luck. Everything is against you.
Nobody would develop games in any other way, it would mean bankrupt.
And listen to this: nobody has won a case vs a gacha game until now because of all this.