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GameStop’s Motion to Dismiss is Denied

A new development has been announced in the GameStop lawsuit.  A federal judge has denied the retailer’s motion to dismiss a class action suit against them that was brought in the state in New Jersey.  The original lawsuit was filed by three GameStop customers who claimed that they “believed that their pre-owned video games would include all of the content of a new video game” and also stated that in their minds any DLC was an “integral feature” of those games.  The lawsuit also stated that GameStop tricked them into buying the used games by using misleading statements such as “our used game trade program creates value for customers” and combining these key phrases with receipts that showed the savings.

United States District Judge Robert B. Kugler denied the motion and summarized the  plaintiffs complaints in his opinion.   The opinion contained a lot of detail including the fact that two of the plaintiffs allege that in buying a $15 DLC instead of saving money GameStop actually got them to spend more than should have.  In their minds combined with the purchase of the actual used game they spent a total of $60 rather than the $59.95 that they would have spent if they had purchased a new copy of the games.  The plaintiffs went on to say that GameStop was completely  “aware of material information, that DLC was not included with the purchase of pre-owned games, but did not reveal this fact to Plaintiffs”.

The publisher that started the online pass trend was Electronic Arts who would include this feature in their games and would require gamers to use codes in order to access popular features like multiplayer.  After Electronic Arts managed to successfully launch the feature other companies like the now defunct THQ, Ubisoft, and Warner Bros. continued on this trend.  The issue in this case seems to be the fact that because online passes are only good for the original purchaser, any gamers who purchase used copies would need to buy their own online pass.  And while EA has recently announced that they would no longer use the online pass system other companies have not jumped off the bandwagon.

At this point there is no way to tell how the court will rule in this case.  The only thing that anyone can do is keep watching this trial as closely as possible.

Source: Philadelphia Inquirer



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