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.<br><br><br><div class="gmail_quote">
On Fri, Feb 6, 2009 at 11:37 PM, Brizz Cardon <span dir="ltr"><<a href="mailto:sir.brizz@gmail.com">sir.brizz@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Sorry, but you're completely and utterly wrong on this one.<br><br>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.<br>
<br>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).<br>
<br>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.<br>
<br>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.<br><br>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.<br>
<br>Brizz<br><br><div class="gmail_quote">On Fri, Feb 6, 2009 at 10:27 PM, David L. Willson <span dir="ltr"><<a href="mailto:DLWillson@thegeek.nu" target="_blank">DLWillson@thegeek.nu</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
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."<br>
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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.<br>
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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.<br>
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----- Original Message -----<br>
From: "Brizz Cardon" <<a href="mailto:sir.brizz@gmail.com" target="_blank">sir.brizz@gmail.com</a>><br>
To: <a href="mailto:ut3@icculus.org" target="_blank">ut3@icculus.org</a><br>
</div><div>Sent: Friday, February 6, 2009 9:42:57 PM GMT -07:00 US/Canada Mountain<br>
Subject: Re: [ut3] Official release date<br>
<br>
</div><div><div></div><div>While similar, it's not exact.<br>
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The issue here is not that a Linux binary will never come out, it's that it hasn't come out in your timeframe.<br>
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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?<br>
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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.<br>
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Brizz<br>
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On Fri, Feb 6, 2009 at 2:36 PM, David L. Willson < <a href="mailto:DLWillson@thegeek.nu" target="_blank">DLWillson@thegeek.nu</a> > wrote:<br>
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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.<br>
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No. That implies that only the statements on the box matter, which is utterly false.<br>
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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.<br>
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Sir_Brizz<br>
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</div></div></blockquote></div><br><br clear="all"><br>-- <br>Sir_Brizz<br>Technical Manager<br><a href="mailto:sir_brizz@beyondunreal.com" target="_blank">sir_brizz@beyondunreal.com</a><br>
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