GameStop's OnLive response 'probably legal'
Some are questioning if there can be any legal ramifications against GameStop for removing OnLive vouchers from DXHR. Mark Methenitis, attorney and industry analyst, said that "it's probably legal."
Earlier today, GameStop confirmed that it was opening new copies of Deus Ex: Human Revolution and removing free codes for an OnLive version of the game. The company told us that the "competitor's coupon" was placed into boxes without the company's knowledge--a retail trojan horse, if you will.
While the company's action has been seen as drastic, some are questioning if there can be any legal ramifications for removing content from a sealed product and selling it as new. Mark Methenitis, attorney and industry analyst, said that "it's probably legal" because "GameStop isn't removing any essential element of the product."
"The only issue would be if the box advertised the promo and GameStop did nothing to change that, there might be a deceptive trade practice or false advertising kind of claim. But from the consumer angle, there's not much," Methenitis told IndustryGamers. Considering the last-minute discovery of the promotion, it's clear that many--consumers and retailers alike--were kept in the dark. There was pretty much zero advertising of OnLive's addition to retail copies.
While consumers can't do much against GameStop (other than not purchase products from them), OnLive and Square Enix may be able to threaten legal action. Wired explains: "Tortious interference litigation results when one party accuses another of intentionally damaging their business contracts or relationships. By removing OnLive’s coupon from copies of Deus Ex: Human Revolution, GameStop might have violated United States economic tort law."
Unfortunately for all parties involved, heads are likely to clash again as OnLive CEO Steve Perlman told Joystiq that this promotion was just "the first of many." With a growing number of high-profile PC releases in the pipeline, it seems like GameStop will have many more boxes to open in the coming months.
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Andrew Yoon posted a new article, GameStop's OnLive response 'probably legal'.
Some are questioning if there can be any legal ramifications against GameStop for removing OnLive vouchers from DXHR. Mark Methenitis, attorney and industry analyst, said that "it's probably legal."-
PC games are probably such a small percentage of GameStop's business that I'd be surprised if they even care. Although, considering that the last GameStop memo said that Deus Ex returns should be processed as normal before their little mini-recall, and it's a Steam game, seems like it would've been a good opportunity to get a free game had you bought a copy there.
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Looks like Gamestop is issuing a recall: http://videogamewriters.com/exclusive-gamestop-recalls-deus-ex-human-revolution-amidst-onlive-controversy-21768
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"or purchase a digital download copy online from www.gamestop.com. “ They don't even mention Steam? What kind of blackmail does Gamestop HAVE against them?
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Okay, not it makes more sense:
http://www.spawnlabs.com/
We bought one of the Spawn Labs consoles at work for testing and it kind of sucked. I think we still have it somewhere. -
http://games.on.net/article/13548/Trouble_for_Square-Enix_-_GameStop_Pulls_Deus_Ex_HR_from_Sale
Looks like Gamestop is upping the ante! -
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Honestly, Gamestop can go screw themselves. I'd already limited my shopping there to the occasional previous-gen titles that might be hard to find elsewhere, but after this they're never getting another penny out of me. The fact that they open titles so their high school dropout employees* can play them and then still sell them as "new" copies is bad enough, but actively stealing from the consumer like they've done with Deus Ex is a whole new level of anti-consumerism.
*This assumption based solely off of the maturity level and vocabulary of most of the GameStop employees I've dealt with. I'm sure this is not always the case...just most of the time. -
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