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EA is heading to court over a promise to PS3 gamers. Earlier this year at a press event, EA announced gamers who bought Battlefield 3 on the PS3 would get a free copy of Battlefield 1943. For many gamers, that was apparently the incentive they needed to make the PS3 their BF3 console of choice.
As it would turn out, on the day Battlefield 3 was released it was revealed EA had no intentions of following through with these claims. Needless to say, many PS3 gamers feel slighted by this, and the firm of Edelson McGuire is here to take the case. The suit claims EA, “misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep”.
The lawsuit stems not only from EA's supposed broken promise but also the manner in which EA came clean about the situation. EA didn't mention they had failed to meet their promise until after Battlefield 3 was launched. Their attempt to disclose this information is also at the center of the suit. The clarification came from a Twitter, in a @reply no less. No other effort to inform gamers or to make up for it seems to have taken place.
@hamzaxrevenge In lieu of 1943 being available on disk for PS3 customers, EA has made all BF3 expansions available early to PS3 customers.
The paperwork was filed a few days ago but we'll keep you up to date on how this unfolds.
Do you think EA has misled gamers here?
Source: Kotaku.Au
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Bulletbling
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gunsandmoses
If people sue EA for this, we should all sue Peter Molyneux for all the broken promises we've had from him.
xN7 SNiiPer209x
Battlefield 1943 is a fun game and well made, especially for an arcade game. Putting 1943 into Battlefield 3 for PS3 may have swayed some buyers but not a lot. It is good that DICE is getting sued because they went against their promise and deserve punishment for it.
mrjack11
"that was apparently the incentive they needed to make the PS3 their BF3 console of choice."
Where are you people getting the idea that people purchased BF3 JUST so they could get a free copy of 1943? Read the article before you make your judgments.
Prejudices, console wars, and bitching aside, EA DID break the law. They used a false statement to mislead the consumer's into buying this game for the PS3 (instead of the 360 or PC if they had multiple consoles). The only way they can make it right is to make BF1943 a free download for the people who were lead on. Making a statement to lure people into buying your product, and not following through with what you said is incredibly illegal, and EA should have to correct it. No company should be above the law. If they didn't have the intention of making BF1943 free for PS3 users, they should have never said it. The fact that they made the statement to the press gives the impression that they MEANT for this to be advertised.
assassinred
OK for one NO I don't think that EA was misleading and Its their choice to let PS3 gamers have it or not and for two you PS3 gamers need to quit the Complaining about a game so what if they said that battlefield 1943 was going to be coming with your copy of battlefield 3 if you Pre-ordered, And if I were the one who bought the game (battlefield 3) and I didn't get it then I wouldn't care because I could just get it from the marketplace or playstation store (if thats what its called, don't know and honestly don't give a Crap) beside's you got an amazing game (and no i'm not picking favorite's). also PS3 good graphic's but Xbox is way better now that we get all the DLC first for all of our games (but this one of course). and lastly EA and activision Don't just create games for one particular Company or system I mean XBOX got battlefield bad company 2 and a whole crapload more and PS3 got prototype and spider-man Just to name a couple. so again quit your complaining
SourProphit
They profited from it?
No, those 'thousands' of people would have just bought it on PC or 360, like they should have done anyway.
UsernameAlreadyInUse
I still think COD is the most misleading game.
Xodi
hey look more gamers crying about free stuff they didnt get. get over it you still got a great game.
balthizaur
so battlefield 3, the awesome multiplayer experience, is being overshadowed by the crappier, smaller battlefield 1943 not being included..? if you got BF3 why is battlefield 1943 on you mind?
Key_Notes88
"Do you think EA has misled gamers here?"....Why would I think EA misled gamers? I mean, all they did was promise to give us a game that they never intended on including with the game packaging in the first place. And of course, not telling us until the game was practically released. No, that's not misleading at all.
Mysticfail
I think they were under so much pressure to come up big over MW3 they would have done anything. Their desperation was fairly apparent during the whole campaign promoting it, all the shots taken at MW3
NINJA_KITTENS
so i was pissed about this as well, at the time that i pre-ordered (august) i specifically asked the gamestop employee, "The ps3 version of the game does come with Battlefield 1943 correct?" and they said "yes it does." well since i had not heard anything about it. i had no reason to be concerned and once i noticed the absence of any indication of Battlefield 1943 in Battlefield 3, i was both curious and saddened at its absence, especially because there was no announcements on the subject. While i cannot say that i am entitled to Battlefield 1943 as i am not the owner of the IP, and because it was going to be a free product provided to the Playstation version, i do believe that as a consumer of their product i should have been atleast notified so that if i do in fact want to rescind my pre-order i may.
D9dozer2
I believe that greed is the driving force here. Like they really care that much to withhold digital content. Really ? It cost them nothing. BF1943 is old outdated and pretty damn boring. They don't have to make disk's of create anything for it . I have all the consoles but Love my PC the most. I like most pc users have a Steam account . (Long Live Steam) All of EA's current games were pulled off of Steam because they want to promote their site Origin and have more control over distribution of content, Pricing, Updates and so forth. I am so pissed that no future EA games will come to Steam. ie Mass effect 3 . I already have Origin,Steam and Bioware accounts. But where does it end. I want all of my content on Steam period . You can't even launch BF3 without logging in online through it. The bottom line is the Gamers are the ones who suffer. I so sick of the extra accounts for anti cheating too. It's getting way out of hand. One more thing on another note. PSN wake up. There pricing on alot of there DLC and games are way way over priced. Some one has to be HIGH there. GREEDY the whole damn industry is GREEDY.
PineTreez
so even though EA screwed up, BF are still gonna turn it around on COD fans, and PS3 fans are still gonna turn it around on Xbox fans?
seriously fanboys need to grow up.
PineTreez
so even though EA is in deep trouble, BF fans are still gonna turn it around on Cod fans?
grow up BF fans, or you could argue about it while playing 1943.....oh wait, nevermind
o_iHeretic_x
With all honesty, it isn't EA's problem. EA isn't the first company who has done something like this and sure as hell wouldn't be the last. If you bought BF3 for $60 USD for a "free" BF1943 when it's a $10-$15 dollar game, you have screwed up priorities. Also, when ordering your copy, did it say anywhere on the package or in the online description that a Free copy of Battlefield: 1943 came with the game? No, it didn't. So you have no reason to bitch and moan. Just more PS3 fanboys wanting more free stuff because they are too cheap to pay.
Spidey817
Yeah, that's not cool. I didn't buy BF3 but if I did I'd be pissed too. You can't tell people you'll give them a free game for buying your game and then just not give it to them. This has false advertisement written all over it. I hope they do end up with a judgement against them. You can't let companies take advantage of people like that. At the very least, give them a full refund and an apology.
U7VK7VOVV7V
It does make legal sense but if anyone wanted 1943 they would have bought it before Battlefield 3.
I also never saw an advertisement on the tv, stores, or the official site on including 1943... Just because they said it on the press does not mean they will actually do it. A written agreement is a lot stronger than a verbal one.
What they did was stupid though, do not ever say anything you do not plan to fulfill.
-If there is any actual advertisement on getting 1943 free w/BF3 link it please-
shinmasaki
Well, in my opinion, the Battlefield 3 owners were going to buy it one way or another. However, the notice to include 1943 as exclusive for the PS3 would entice buyers to purchase the game for the PS3 rather than the 360. Then, having them go against that word AFTER the game was released is a bit of a slap to the face to the people who bought BF3 hoping for 1943.
Personally, I got bored of the game about three days after it released realizing it was essentially the same as the last Battlefield games released. I was hoping for something new, and unfortunately, I did not get it. Sure, there are gun attachments now and new things to use, but it's still the same game. Honestly, I don't know why I was hoping for something different, but it is still the same thing: large scale, vehicles, locked soldier classes. It is a lot more realistic, which I like, but other things are unrealistic to the point where it turns me away from the game.
Anyway, the extra content information didn't bother me too much since I already resolved to pick it up on the 360, but why must extra console exclusive content be the factor for the purchase? If you like your console, you'll get the game for that console regardless of the bonuses. As for the early DLC, wasn't that already contracted between Sony and EA a while back ago? You can't give something away that you were already going to and use it as compensation. Really, EA, I expected better.
killeEMall
Here is my problem with EA. EA has always been a misleading "We run the video gaming industry" company. They feel they can do so as well simply because they are the biggest current company producing video games at the moment. However if you look back at all of their console releases, they always demo them and show the trailers off of the PC version of the game knowing full well that most gamers cannot and probably wont be at E3 or what ever demo location they are going. With the other knowledge that this fact will generally be tossed to the wayside in general conversation about their game because they are going to release it on consoles as well. They do this, because it is misleading, because PCs have always had more ability to produce higher quality graphics in for obvious reasons so the game looks better when showing it off, THAT IS FINE, I just don't like the idea that they try to hide this every time. They don't mention it or say anything about it and it gives the casual and some lesser informed or up to date gamers the idea that this game looks that good on their console. EA CONTINUALLY PROVES THEMSELVES THROUGH SMALL INSTANCES AND SOME LARGER ONES THAT THEY ARE JUST PLAIN UNTRUSTABLE. This says nothing about the games they produce however. I mean how much trust does it take to go buy a game that you like? All this is, is rich people being greedier and trying to make more money off of gamers, AND THEY DID. Which kind of pisses me off too, since we already pay almost $70 a game unless we wait a year and buy it used. ALL I AM SAYING IS SHOW A LIL RESPECT TO THE PEOPLE THAT PUT THAT MONEY IN YOUR HANDS.
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