The PC version of Deus Ex: Human Revolution comes with a coupon code for a free OnLive version of the game…unless you buy it at GameStop. You see, GameStop considers OnLive a competitor and has been removing the OnLive coupon from its copies of Deux Ex: Human Revolution. Yes, GameStop employees have been instructed to open the game and remove the “offending” coupon. GameSpy broke the news and received the following statement from GameStop PR:
Square Enix packed the competitor’s coupon with our DXHR product without our prior knowledge and we did pull and discard these coupons.
The counterpoint to GameStop’s stance is that it shouldn’t have sold the game if it had an issue with the OnLive coupon. Telling its employees to open boxes, remove coupons, and sell opened products as new is…not the smartest thing to do. It’s bad for its relationship with Square Enix and its PC gaming customers. I wonder if Square Enix or OnLive will take legal action. At the very least, I expect a class action suit from disgruntled customers.
What do you think of GameStop removing OnLive coupons from Deus Ex? Is it shady? Or is GameStop just protecting its interests?
A little bit of both. I think they are simply trying to protect themselves, but that is shady for sure. As far as I knew this wasn't too new of a practice for Gamestop though, don't all of their "new" games come pre-opened by employees?
If I were to buy this from Gamestop I would be pretty upset that I wasn't getting the whole game as packaged. No this isn't actual game content, but the publisher and developer felt it fit that this coupon should come with the whole package—so I want it there when I pay money for the product.
I agree with bsu as a consumer i would be pissed. I can also see lawsuits from onlive against gamestop for taking their coupons out the game because thats probably some cross promotion thing that the marketing people agreed to, thats me taking an educated someone please free to correct me.
I see why Gamestop did it but the manner they went about it is completely tasteless. I hope they get sued.
I think it is wrong of them no matter what way they take. Will they start opening Portal 2 cases and removing the Steam copy next?
This looks like a case for ICEMAN, P.A!
The legality of the case in question is valid from a consumer's standpoint, howevah, in my experience as ah fancy, Southern' fake lawyah-type, ah believe this here OnLive is shitoutta luck.
Everythin' depends on that thar contract between OnLive, it's distributor, the game publisher, an' Gamestop, but since I don't know the particulars of that thar agreement, I'm gonna have ta wing it. Generally speakin', when ah retailah takes possession of a good, an the manufacturer (or distributor) is all paid off in full, then tha retailah (Gamestop) owns the good (Deus Ex) and can do with it as they damn well please. They can sell it, play it, or use the game disk as an expensive drink coaster. OnLive doesn't have a legal standin' that would force tha retailah ta include that thar coupon they've included in that thar game package. Tha legality behind this would be ah bit too long ta explain in this here post, so ah move’n on…
Fortunately for y'all, the consumah is anotha mattah. Under fair marketin' practices law and "truth n' advertisin'" laws, if the box says "Free copy of Deus Ex for your PC from OnLive" or somethin' ta that there extent, then that has ta be included in your purchase or else it's a false advertisin' and consumahs can sue. Also, if they (Gamestop) opens up tha game to take somethin' out that there box, and sell it ta y'all as "new", that can be a violation as well (sellin' somethin' used as "new"). Leagally, they can argue that since that thar game wasn't played (used or touched) they "technically" meet the criteria for "new game", howevah, the prosecutah for tha consumers should argue that tha definition o' "new" is "unopened" or with that there manufactuer's seal still intact. It's really up ta tha judge on that one, but I sure can't see one o' our good ol' boys down here rule in favor o’ the defendant on that one.
-M'ah
Great stuff Iceman! Thanks for that.
I say now, we must'a went to the same law school.
Everything I know about law I learned from Foghorn Leghorn, the "Colonel Sanders" character on The Waterboy, and the blue chicken from Futurama.
-M