Can Komani be sued for deception

[elibabez]

Guys first of all let me start off

I like the gameplay, i dont even mind the online game.

However

The lies and deception are unexcusable.

First of all plastering screenshots of the main console for their pc section on steam, which are nothing like the pictures is unexcusable and deception.

I know mcdonalds do that for their food but it is advertising, they dont have a checkout pay here button next to it!

This is deception to make you rush to buy a game which is not the same as they are advertising!

Next, the squad updates were delayed by 6 weeks, and amman/adam bhatti or whatever name he is going by now (konami twitter pr guy) said, ``sorry about the delay working on loads of good stuff to make gameplay and experience better, the wait will be worth it``!

Then the update comes out and its just boots and a half updated roster!
:angry::angry::angry:

How can they get away with this B.S!

The only thing i like presentation wise is the Peter Drury, but freaking Beglin is still there with all his old boring lines.

And in the pc version its impossible to block anyone unless you are playing in tournament mode and the game has finished, which is ridiculous, why cant you just block somebody in the damn lobby!

UGH :angry:

Even if you look past the piss poor graphics, there is no excuse for the b.s i just mentioned that konami are doing!

 

[Parkinfed]

To be honest, no you cannot sue them.

1. Check the screenshots on the steam page, zoom in and all, its all pc.
2. Sadly you cannot sue Konami for what anyone but official Konami accounts write on twitter.
3. As for the rosters when they finally make the summer transfer window up to date, legally they would be absolved from that liability as well

Sucks. But tis how it is.

 

[SportGameFan]

If one could sue for deception (/misrepresentation) there would be no gaming industry left! ; -)

 

[pEst410]

This gets brought up on just about any sports game I've followed (especially because EA Sports)! I totally agree Konami should be sued because they officially promised up-to-date squads on 29th October and then delivered squads missing the last day of transfers. That alone should be more than enough. The PS4 option file thing which ended up not materialising could eventually be used to blame them too, doesn't matter if Bhatti is officially this or that in Konami or not, could easily be considered that that is the assumption and taken as an official communication.

However, time and time again it has been shown that games developers are above consumer law. New legislation is needed and our best bet is the European Commission taking notice at some point that this impunity can't go on. Fact is right now legislators a) don't know sh*t about games and don't get it, are totally clueless and as a consequence b) don't see the importance or big deal of buying something with a certain expectation created by the developer that then isn't delivered because hey the players still move and kick the ball when you press the buttons, right? Transfers shmansfers, it's not like the game is broken!

So yeah, it will take years until these companies are put on notice.

 

[elibabez]

This gets brought up on just about any sports game I've followed (especially because EA Sports)! I totally agree Konami should be sued because they officially promised up-to-date squads on 29th October and then delivered squads missing the last day of transfers. That alone should be more than enough. The PS4 option file thing which ended up not materialising could eventually be used to blame them too, doesn't matter if Bhatti is officially this or that in Konami or not, could easily be considered that that is the assumption and taken as an official communication.

However, time and time again it has been shown that games developers are above consumer law. New legislation is needed and our best bet is the European Commission taking notice at some point that this impunity can't go on. Fact is right now legislators a) don't know sh*t about games and don't get it, are totally clueless and as a consequence b) don't see the importance or big deal of buying something with a certain expectation created by the developer that then isn't delivered because hey the players still move and kick the ball when you press the buttons, right? Transfers shmansfers, it's not like the game is broken!

So yeah, it will take years until these companies are put on notice.

This is the thing
i can look past the graphics
i can even look past the lazy out of date rosters
I can even look past the CHEEK to charge full price for the game, when despite, admittedly the gameplay overall is the best its ever been, its still not more than a small NON VISUAL upgradge from last season, not at all worth the full amount.

But -- even overlooking that,
WHY NO ABILITY TO BLOCK PEOPLE WHO ARE TROLLING YOU ON THE LOBBY, WHY DO I HAVE TO PLAY THEM IN TOURNAMENT MODE, AND HAVE TO COMPLETE THE WHOLE GAME, TO THEN GET THE OPTION TO BLOCK THEM!

Stupid, stupid!

And that bhatti guy is a lying twat :realmad:

One thing i dont like in life is liers :angry:

PS as i said above the best thing presentation wise is Peter Drury replacing the boring boring John Champion, (id give anything for Beglin to have been kicked out too, but you cant have your way with everything i guess), anyway, the point is you know pes will go back to Champion next year -- as anything we actually like, is a no no.

Incidently on that note, i typed on youtube pes 11 pc pes 12 pc, and guess what freaking Beglin is saying the exact same boring washed up phrases he is still saying now, four years later!!

 

[pEst410]

PS as i said above the best thing presentation wise is Peter Drury replacing the boring boring John Champion, (id give anything for Beglin to have been kicked out too, but you cant have your way with everything i guess), anyway, the point is you know pes will go back to Champion next year -- as anything we actually like, is a no no.

Incidently on that note, i typed on youtube pes 11 pc pes 12 pc, and guess what freaking Beglin is saying the exact same boring washed up phrases he is still saying now, four years later!!

I always turn off the commentary after a few days, it's always the same sentences every year and it starts grating pretty quick... I hear there's new commentary about recent real life stuff relating to the players but maybe that's for the English league, nothing I could notice on the Portuguese league or Europa / CL...

And if you think English commentary is bad (which it is) you should check out the Portuguese one, they just sound like terrible actors, so fake...

 

[Kru23]

Funny thing is I was just about to ask the same question.

The one thing that really pissed me off about Bhatti's lying butt. Is when he said Option File looks good just like(ps3) time to party. Than nothing after that. Game came out and no Option File. He knew exactly what he was doing to sell the game. Which extremely pissed me off. It almost made me never want to support PES again because of him. I seriously wish he would get fired or PES would sell their rights over to 2k along with the development team but kick Bhatti to the curb.

 

[pEst410]

The one thing that really pissed me off about Bhatti's lying butt. Is when he said Option File looks good just like(ps3) time to party. Than nothing after that. Game came out and no Option File. He knew exactly what he was doing to sell the game.

Damn right! Not only that, but it lead to many people (like me) buying a PS4 ahead of the release, when if we had known a lot of us (like me) would have stuck to the PS3 because editing this game is the worst UX PIA ever in the history of console games, just give us at least a PC editor or something, FFS...

Then a couple of weeks after the release I read an announcement that Sony was about to knock down the PS4's price by £50 or something like that... Felt like a right fool, and p*ssed off that I lost a lot more than just by buying the game new when all other times I bought used (and in the future will go back to that practice, no doubt).

 

[SportGameFan]

Back in 2013, I chose to get a PS4 (at launch) because PES has far more players on the PlayStation platform, I envisioned 'option files' like in the PES 3 to 6 days on the PC. What a joke!

I'm actually glad that we purchased a PS4, but I'll never let one game influence a future console buying decision so heavily.

 

[david_bueno]

To be honest, no you cannot sue them.

1. Check the screenshots on the steam page, zoom in and all, its all pc.
2. Sadly you cannot sue Konami for what anyone but official Konami accounts write on twitter.
3. As for the rosters when they finally make the summer transfer window up to date, legally they would be absolved from that liability as well

Sucks. But tis how it is.

I tend to disagree with your 2nd point above.
Konami has released official statements through their PR clown (Adam Bhatti) and those have been shown and perhaps can still be found online.
I remind you their "spokesperson" had legitimately declared to the world and online, more than once, we (the fans) could EDIT whatever and as much as we could from in-game content (kits, emblems, logos and badges). As it turns out, once we purchased PES 2016, we all found that to be a lie due to limited images that could be applied.

Yes... there were other lies too and perhaps if someone would have been smart enough to have taken screenshots of their B.S. from both their official website and Twitter channels, maybe and just maybe, we the fans could have done something together. Like when they released Data Pack 1 stating all transfers would be with latest updates and then, quite "conveniently", they shifted to transfers being updated until 30th of August. Plus... they also corrected their announcements on both site and Twitter quite fast by removing the part "LATEST TRANSFERS" to "TRANSFERS UPDATED AS 30.08.2015".

After doing so much needed editing in the game, all I can say is, I will start my ML soon. If my ML experience will be as bad as some users have reported to be theirs (broken goalkeepers, scripted gameplay and etc), oh well, my only solution will be to fork out some extra money and trade PES 2016 for FIFA 16.

I don't like FIFA's gameplay but hey... it is a finished product and it has been since the very first day it has been released (like EVERY SINGLE YEAR)!!!

 

[Parkinfed]

The only game related incidents that I know people got money back on suing are the PS Vita fuckup that Sony did and the Alien Colonial Marines bullshit. I do not know if this one is as grave as those 2 were.
Out of curiosity though, what jurisdiction applies on Konami? Dutch? Japanese? American? EU? If they're sued where would they get tried?

 

[david_bueno]

The only game related incidents that I know people got money back on suing are the PS Vita fuckup that Sony did and the Alien Colonial Marines bullshit. I do not know if this one is as grave as those 2 were.
Out of curiosity though, what jurisdiction applies on Konami? Dutch? Japanese? American? EU? If they're sued where would they get tried?

Although I am not based nor do I live in the UK, both the UK and Ireland are very "lucky" (let's put this way), to have such a thing called "Small Claims Court". To be quite honest I don't personally know if justified angry gamers could direct themselves to this court; however, they do exist, for the reasons below:

01) You can use the small claims court for compensation of faulty services provided, or compensation for faulty goods.
02) This means the small claims track process can be used for many consumer problems ranging from unfairly issued parking tickets to retailers who refuse to take responsibility for their faulty goods.
03) There is a small claims track claim limit. The total you can claim in England and Wales is £10,000. In Scotland and Northern Ireland it's £3,000.

Theoretically speaking... wouldn't the B.S. from Konami and Adam Bhatti fall under the cateogry of "services not provided" and "misrepresentation of product"?

Taking into account that Konami has failed, several times to comply with their promises, before and after and since the game has been released since day #1, I trust this is falsed advertising and as such, at the moment, I'm holding a faulty / non-finished product in my hands.

C'mon people!
Hopefully we can manage to get some big sites like IGN and etc to see what Konami has been doing to their fans (as if they weren't aware already!). They'll only pay attention if they see how frustrated and angry their customers are! :realmad::realmad::realmad:

 

[SportGameFan]

Hopefully we can manage to get some big sites like IGN and etc to see what Konami has been doing to their fans (as if they weren't aware already!). They'll only pay attention if they see how frustrated and angry their customers are! :realmad::realmad::realmad:

I'm glad that you realise that they are already aware- IGN etc. are part of the problem, their role is to create the necessary hype that provides the 'compulsion' to purchase the product. They don't care, they are just in it for the money/incentives etc. that they receive from the big software publishers.

How could they fail to notice the extremely poor goalkeeping and virtually non-existent/inconsistent refereeing?

"The King is Back®- 9.99999...9/10"

** Edit **

After reading through your posting again, I see that you are referring solely to Konami as being aware of the problems with the game. The likes of IGN are too, but their job is to provide the necessary hype that makes people think that the game is the 'best thing since sliced bread.'

** Edit **

 

[OptimusPrime]

If you want to sue them the only thing you can do that is by attacking their LEGAL CLAIM ON THE PACKAGE..Meaning if they claim on the packaging that the game is next gen but seem to be ps port. Than yeah you can. I don't know if the same goes for Steam.
Keep in mind these companies spent thousands and sometimes hunders of thousand to get the claims 100% legally shut. So you can try to sue BUT IT MEANS you will need money for representation AND you need hard evidence to dispute their claims as misleading..
IT'S NOT IMPOSSIBLE BUT IS IT WORTH IT, BY THEM TIME THIS GET'S HANDLED THE LAUNCH OF PES2018 MIGHT BE AROUND THE CORNER.
People like that Bhatti guy knows this and that's why he can do whatever...and he himself might get a lot of promises from the company but if they fail to deliver it makes HIM look like an asshole, because he's the link to the outside.He might not be able to do anything from his position..to US he's "Adam Bhatti from Konami"..to KONAMI he might just be a employee with a shitty job that no one takes seriously....think about that.....

 

[SportGameFan]

Bhatti is the Global Product and Brand Manager for the Pro Evolution Soccer series.

Part of his role is to liaise with the public, which he does in a very immature and unprofessional manner at times. He is an embellisher and falsifier, and has very little respect for the purchasers/players of the game. He deserves no sympathy, how many people has he blocked after they asked him legitimate questions about the game? Those don't seem to be the actions of someone who cares about the consumers/customers of PES/Konami.

What do you think he'd do even if he could- he's no computer programmer!