[ut3] Official release date

Sat Feb 7 01:09:57 EST 2009

Epic may have zero liability but I think we can all agree that it makes them
look like d-bags with Mark Rein playing the role of head d-bag. That little
bastard will say anything to sell a game.

On Fri, Feb 6, 2009 at 11:37 PM, Brizz Cardon <sir.brizz at gmail.com> wrote:

> Sorry, but you're completely and utterly wrong on this one.
>
> You'd have a really hard time taking this to court. Verbal commitments are
> binding only under certain circumstances, additionally, as no timeline was
> actually given, Epic hasn't technically broken their commitment.
>
> I'm sorry, but you're looking at this completely altruistically, which just
> doesn't fit the bill here. If you buy something and it doesn't work for you,
> that is YOUR PROBLEM. If you buy a natural gas truck knowing that there are
> no natural gas stations for hundreds of miles around where you live, whose
> fault is it that you can't drive the truck? Surely not the people who made
> it. Even if they said "Natural gas stations will be coming to your area
> soon", they have ZERO LIABILITY (unless it is given as part of the contract
> when you buy).
>
> Software, in the US particularly, is even worse. The consumer doesn't have
> any rights in regards to it except that it functions as specified, EULAs are
> specifically designed to protect software companies from things like this.
> Basically, if it's not printed on the box, the company has no liability to
> provide it to you.
>
> So the solution is simple, contact the Better Business Bureau, try to get
> your money refunded. You can't blame anyone but yourself for making a poor
> purchase.
>
> You would have me believe that a company is responsible for everything it
> says, like if Company X sells Game Y and promimses Patch Z that the company
> is completely liable if Patch Z doesn't actually come out. It's just untrue.
> Buying something because you believe that something will be released for it
> is not being a good consumer, and you are completely to blame for making a
> purchase like that.
>
> Brizz
>
> On Fri, Feb 6, 2009 at 10:27 PM, David L. Willson <DLWillson at thegeek.nu>wrote:
>
>> Brizz,  The cars & roads analogy ~is~ exact.  UT3 plays, on roads I prefer
>> not to drive.  You're wrong about this because you keep ignoring the fact
>> that Epic advertised a feature delivery.  Epic is wrong not to meet their
>> commitment.  The buyers are ~not~ accountable for the commitment Epic made,
>> or Epic's failure to meet it.  Let's take your PS3 game example.  Feature:
>> When you buy game X for the PS3, which will be ported to (insert the
>> platform of your choice), you are entitled to download the port.  If you buy
>> the game based on that feature, you are damaged when the ISV that advertised
>> the feature doesn't port the game.  How can that be your risk and
>> responsibility?  It doesn't matter if Epic or Brizz thinks it's the buyer's
>> problem, because advertisement and verbal commitments are binding, both in
>> principal and in law.  You keep ignoring that.  Epic didn't say "might",
>> they said "would".  They didn't say "best effort".  They said, "we're a
>> cross-platform gaming company, and we will cross to this platform."
>>
>> On timeframes: You're right.  It hasn't come out.  At this point,
>> disappointed Linux gamers who have purchased the game have a certain amount
>> of "damage" from an unusable feature.  If and when Epic ports, the damage
>> will no longer exist.  Hmm...  I wonder if there're enough of us to test
>> this in a class action suit.  Let's say the missing, but promised, feature
>> is worth 10% of the purchase price to those that bought the game.  If there
>> are 10,000 gamers with damages, it might be worth it.
>>
>> By the time you realize Epic is fully and completely responsible for all
>> the failure and disappointment here, the port will be complete, and we'll
>> have nothing more to argue about.  Until that sad day, I remain your
>> faithful illuminating friend, David.
>>
>> ----- Original Message -----
>> From: "Brizz Cardon" <sir.brizz at gmail.com>
>> To: ut3 at icculus.org
>> Sent: Friday, February 6, 2009 9:42:57 PM GMT -07:00 US/Canada Mountain
>> Subject: Re: [ut3] Official release date
>>
>> While similar, it's not exact.
>>
>> The issue here is not that a Linux binary will never come out, it's that
>> it hasn't come out in your timeframe.
>>
>> And, honestly, you can't buy things based on things people say. If you do,
>> that's your own problem. This is like if you found out the car in your
>> example below wouldn't even turn on for you but you decided to buy it anyway
>> expecting that eventually it would be able to turn on. Why would buy
>> something that you can't even use with nothing more than the HOPE that you
>> will be able to use it at some point in the future?
>>
>> The state of the game when you buy it IS all that matters. I could buy a
>> hundred PS3 games right now, but not having a PS3 I wouldn't be able to play
>> any of them. Whose fault is that? It really doesn't matter if they promised
>> it would do this or that, you knew at the moment you bought it that it
>> wouldn't and there was no timeline for when it would.
>>
>> Brizz
>>
>>
>> On Fri, Feb 6, 2009 at 2:36 PM, David L. Willson < DLWillson at thegeek.nu >
>> wrote:
>>
>>
>> Brizz > They delivered a functional game. If you bought it the way it was
>> packaged, you have no one to blame but yourself if it disappoints you.
>>
>> No. That implies that only the statements on the box matter, which is
>> utterly false.
>>
>> Let's take an analogy. Let's say I deliver to you a car, which you pay
>> for, on the strength of my advertised commitment that the car will drive on
>> dirt roads. Near the completion of the car, I say, "Gosh Brizzo, I can't get
>> that dirt road thing done on time, but I'll get it done. I will. You know
>> me. I make cars that drive on all sorts of roads. That's what I'm about."
>> If, after a year or so, you complained to a friend that that asshole Willson
>> never modified your car the way he said he would, and your friend said that
>> you have only yourself to blame for trusting that I would, because the
>> door-tag didn't say "made for dirt roads", since, well, it couldn't, because
>> according to my own statements it wasn't dirt road ready, but that it would
>> after I modified it for you... Well, you might think your friend was very
>> dim.
>>
>>
>>
>>
>> ---
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>>
>>
>>
>>
>>
>> --
>> Sir_Brizz
>> Technical Manager
>> sir_brizz at beyondunreal.com
>>
>> ---
>> To unsubscribe, send a blank email to ut3-unsubscribe at icculus.org
>> Mailing list archives: http://icculus.org/cgi-bin/ezmlm/ezmlm-cgi?64
>>
>>
>>
>
>
> --
> Sir_Brizz
> Technical Manager
> sir_brizz at beyondunreal.com
>
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