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Destiny 2

Discuss all things Destiny 2.
8/25/2020 2:58:40 PM
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So who’s jumping in on that Class Action Lawsuit?!

After I made the satirical post joking about it’s time to start a Class Action, but I didn’t think it would have any substance since it was a joke. I then received around 10 messages saying how it is actually possible to win that lawsuit since a large portion of the community paid for everything well before it became F2P and were never reimbursed since they are announcing they are taking the PAID FOR content away. I’ve now seen multiple review articles talking about how they hope it doesn’t go that far, but they could actually see this happening. Bungie as a company has the right to shut down servers of a game and stop supporting it, keeping the game running but taking away paid for content without any sort of reimbursement apparently has the potential to be described as grand larceny since if 1 person paid for all the content it cost them around $120 and grand larceny is $500 or more. Obviously more then 5 people paid for all the content so that has already been surpassed. If this was old Bungie I would say “No they don’t deserve this and we all just need to accept they made mistakes”, but this isn’t old Bungie; This is present day Bungie that stole 50,000+ Brightdust over 2 solstice events for useless glows and never touched on why we haven’t been reimbursed for that. This is new Bungie that many former employees say on Glassdoor “Company that offers good benefits and fun employees, but has now pushed too much of a focus to MTX and games as a service, and less on community feedback innovation”. So I do think the lawsuit may be inevitable and I honestly don’t care if Bungie gets taken to the cleaners.

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  • We dont need to sue them we just now know they are a shady company with anti-community goals. They want our money, not our love and its just that simple. They dont care if they anger some of the fanbase because they know the majority talk a big game but still buy the DLCs. If you really want to speak to Bungie speak with your wallet. Regardless of how cool something looks we now know nothing is guaranteed and its just a matter of time before the item you grinded for becomes useless, or the content you purchased is no longer available. This is an important moment in destiny because if we stand up and no buy the DLC and Bungie takes a big hit money-wise then maybe they will reconsider removing hundreds of dollars of gameplay just for more money. Ive threatened not getting DLC in the past but the removal of so much is my breaking point.

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    • OMG now I’ve seen it all. It really is the age of entitlement.

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      • *sigh* You guys haven't even bothered to skim the SLA, have you? [quote]THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND [u]A WAIVER OF CLASS ACTION RIGHTS[/u] AS DETAILED BELOW.[/quote][quote]The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. [/quote][quote]Live Content may be altered, removed, deleted, or discontinued by Bungie at any time (e.g., upon termination of this Agreement and/or cessation of online support for the Program), even if you have not “used” or “consumed” the Live Content prior to alteration, removal, deletion, or discontinuation.[/quote][quote]Bungie does not guarantee that any online services, play or features associated with the Program (collectively, “Online Services”) or Live Content will be available at all times or at any given time or that Bungie will continue to offer Online Services or Live Content for any particular length of time.[/quote][quote]YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF ONLINE SERVICES AND ANY LOSS OF LIVE CONTENT OR OTHERWISE.[/quote] Also, on the topic of what you 'paid for', you never 'paid' for content. Not once. You have only paid for a licence to access that content... [quote]The Program is licensed, not sold, for your use. Your license confers no title or ownership in this Program, and should not be construed as a sale of any rights in this Program.[/quote] You want to stick it to the man? Decline the updates to the SLA and ask for a refund citing this clause in the agreement... [quote]If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement and receive a refund in accordance with this Agreement.[/quote]

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        • Edited by AshenAstra: 8/25/2020 3:13:46 PM
          It isn't. Even if you won, you would be paid with what it's worth now and with it being F2P, it'll be a compensation of $0. You can't really defend against products losing value over time either, so you're stuck and the fact you agreed to their ToS which allows them to modify the game as they see fit, including prices. Also, the fact you do not own any content. Just the licence to earn, so if any compensation is to be had, ot would be the stuff you potentially earned when it was available. Bungie has outplayed you.

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          • [quote]Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU, ON THE ONE HAND, AND BUNGIE, ON THE OTHER HAND, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.[/quote] Unfortunately you've already signed away your ability to conduct a class-actuion lawsuit...

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            • You accepted their terms of service. So no.

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              • lol 😂... so silly on so many levels

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              • Any such attempt at a lawsuit would be quickly dismissed. Assuming (the unlikely event) that a lawyer was even willing to take it on, and file it. Reason: What Bungie is doing is WELL within their legal rights, and established intellectual property rights law. What so many gamers don't either understand, or arne't willing to accept is that UNLESS BUNGIE (OR ANY OTHER DEVELOPER) SPECIFICALLY TELLS YOU THAT THEY ARE SELLING YOU THE RIGHTS TO THE GAME? You don't own ANY of it. Therefore have no basis for any claim regarding what's done with it. To further seal the fate of any such lawsuit. Anyone who is actually playing the game right now, has already signed a CONTRACT (EULA/SL) stating that you agree that you are buying a LICENSE to the play the game, and do not own part of the game. That you agree that Bungie reserves the right to decide WHAT the game is, and are free to change it without your prior consent. So the law is on Bungie's side. The contract---and the terms you agreed to---are on their side. So any attempt to sue Bungie over this goes into the "frivolous suit" category, and would be quickly dismissed by any self-respecting civil court judge.....and the attorney who filed it would likely get admonished by the judge for wasting the courts time.

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                • Bungie may be dumb at times but I doubt they’d make a [b]big[/b] decision like this without looking at all possible consequences.

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                  • You wanna know how I know that none of you have ever even looked at the EULA you clicked on before you could play the game? This. This is why.

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                  • Good luck on that lawsuit 🤣🤣🤣🤣

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                  • No one. No one is paying the court fees and putting fourth the time and energy to go to court with a multi million dollar company who is acting within a license agreement that you signed.

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                    • Edited by Seventh7of7: 8/26/2020 8:55:26 AM
                      Everyone in here stating terms and conditions as if that means anything. I work for a multi million dollar corporation and we have our own terms and conditions for products we sell that cleary state that we cannot be sued etc for certain things. I have physically been in the court rooms when we have lost cases and had to pay out even when our warranty agreement or TOS specifically states that we cannot be held liable. Ultimately it is the Judges decision regardless of whatever terms exist. Do I think this will ever go to court I doubt it but the TOS doesn't mean shit.

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                      • I’d love to see it, it would be hilarious, wasting ur time on a law suit, ha that would be so funny😂😂😂

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                        • The only thing inevitable is the lawsuit will fail. Did you even read the contract that you agreed to?

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                          • I promise I would lol

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                          • The lawsuit is inevitable but also guaranteed to lose because we all agreed to the terms without reading them but even if we did, would any of us delete the game because we didnt agree with it?

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                            • Well we did play the content, and we did get items like weapons, ghosts, armor, emblem, experiences. I pay $12 to watch a movie in the theater but I don’t get to keep it afterwords.. you payed to play not to keep. It’s a live service game in the end.

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                            • Would you kindly shut your noise hole

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                            • I’m not, but what I’d like to see is these damn EULAs be tried in a court of law, so that way we can get a definitive answer re their legality. Because honestly speaking there’s too much they get away with re this shit. That’s all I’d like to see. That and if found illegal, I’d love the satisfaction of telling off all those that stated otherwise. If they are held legal, I’d stand with those that stated they were. But like I said, some people need to try it first. Pretty sure that’s never going to happen, lol

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                            • [quote]After I made the satirical post joking about it’s time to start a Class Action, but I didn’t think it would have any substance since it was a joke. I then received around 10 messages saying how it is actually possible to win that lawsuit since a large portion of the community paid for everything well before it became F2P and were never reimbursed since they are announcing they are taking the PAID FOR content away. I’ve now seen multiple review articles talking about how they hope it doesn’t go that far, but they could actually see this happening. Bungie as a company has the right to shut down servers of a game and stop supporting it, keeping the game running but taking away paid for content without any sort of reimbursement apparently has the potential to be described as grand larceny since if 1 person paid for all the content it cost them around $120 and grand larceny is $500 or more. Obviously more then 5 people paid for all the content so that has already been surpassed. If this was old Bungie I would say “No they don’t deserve this and we all just need to accept they made mistakes”, but this isn’t old Bungie; This is present day Bungie that stole 50,000+ Brightdust over 2 solstice events for useless glows and never touched on why we haven’t been reimbursed for that. This is new Bungie that many former employees say on Glassdoor “Company that offers good benefits and fun employees, but has now pushed too much of a focus to MTX and games as a service, and less on community feedback innovation”. So I do think the lawsuit may be inevitable and I honestly don’t care if Bungie gets taken to the cleaners.[/quote] Except you literally waived your rights to a class action lawsuit when you agreed to the EULA and the TOS where it explicitly states that. Good luck!

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                            • 1. The content went free to play over a year ago, with prior announcement. 2. There's abundant prior announcement that access the the location is being revoked 3. We all signed an agreement that, among other things, allows Bungie to to this without any prior announcement. 4. This case would be laughed out of court within the first few hours of it being filed.

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                            • No. You will never win. You agreed to let them do this and you have no idea how business works

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                            • That’s right, tell them that you approve of slave labor and once you have had your fill of a product you want your money back. They don’t deserve a penny from making a game that you enjoyed.

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                            • this industry practice model needs to stop. it will only get worse. next will be a short term memvership fee which the duration will keep getting shorter.

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                            • *sips coffee* This is fascinating.

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