Judge Rules Killzone: Shadow Fall Class Action Lawsuit Can Proceed

A judge today ruled that a class action lawsuit concerning Killzone: Shadow Fall can proceed.

[ValKilmer]

Wow, now our court system has to be tied up with complaining about games?

[tinynuggins]

Or sony can save everyone some time and just settle. They know they're in the wrong.

[nicksetzer1]

Honestly, I think Sony is in big trouble with this one. (And sadly will likely be punished far in excess of their offense) It is direct false advertising FROM Sony themselves.

That PS Vita lawsuit was total BS, but this one actually has a basis. You can't just directly lie to customers about a product.

There is a reason we (U.S.) as well as MANY other countries have trade laws in effect, and that is to save consumers.

That said MANY other companies (not gaming specifically) are performing far worse instances which go on ignored, kinda sad that Sony will likely be the one made an example of when others have committed worse offenses.

EDIT - @ zigger cat, as I said below. (And added into this comment for you):
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~
"As you can probably tell from the footage, Killzone Shadow Fall multiplayer outputs at a native 1080p, rendering uncapped but always targeting 60 FPS. We’re very pleased with how well the game runs, and we can’t wait for you to play it come November 15th."
http://blog.us.playstation....

It isn't native in multiplayer at all, they even specifically say they are using horizontal scaling by means of temporal reprojection. (Aka reusing old data to build a 1080p image)

http://www.eurogamer.net/ar...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Now, there are some mitigating factors here. Shadow Fall uses a horizontal interlace, with every other column of pixels generated using a temporal upscale - in effect, information from previously rendered frames is used to plug the gaps.
temporal reprojection"
.
.
As for if the guy suing understands this? Idk, maybe he thinks it is 720p. That however proves the point, consumers shouldn't be expected to know these things. Hence laws against false advertising.

[breakpad]

BS ..men with no life (and probably paid by other companies) keep bothering with idiotic non existant things just to find a chance to draw more money without working..refund his copy of KZSF and stfup

[ziggurcat]

@nick:

explain how they are "in big trouble"? where's the false advertising?

and guess what? this lawsuit is BS, too. isn't the plaintiff's claim that the game is 720p, which it undeniably isn't? so how is there any basis to this lawsuit when it's already based on people being ill-informed about resolution?

[Orbilator]

No they are not, this is just a poor judgement call by the guy and the judge. I hope sony nail the guy to the wall, I always knew which parts ran at 1080p and which didnt , long before i even seen the box, it was never hidden. If someone is buying a game these days they always check reviews and online comments and there was plenty of info all the way. I might counter sue the guy for wasting the courts time suing for something because he is unable to do his homework.n. And lets face it, if he did win, then the game industry is over and millions of people will be able to sue microsoft over vista, coz lets face it that was a pack of lies (allegedly)

[OB1Biker]

How are they in the wrong since the box just says the game output 1080p which is true?

[MazzingerZ]

This has nothing to do with be a gamer and would never happen in Europe, at the most he would get a refund of its copy

[TomShoe]

It would easier to just settle. This court time could be better used to, you know, punish criminals.

[kneon]

@radler

The only winners in class action lawsuits are the lawyers. The consumer gets next to nothing. I've been a "winner" in about half a dozen of them and have never bothered to claim the award, it's not even worth the time to fill out the form.

[freshslicepizza]

oh my goodness. what exactly does the party hope to win by taking sony to court, free dlc? are these class action lawsuits created just to get attention because i dont see the judge rewarding any monetary win even if sony is wrong.

that albert guy for microsoft said every xbox one game was 1080p but its actually being upscaled for most of them. so now what, i'm too stupid to know what he meant so im going to tie up the courts to prove a point?

this whole 1080p thing got way out of hand from the beginning due to the console wars which i imagine is the real cause of this.

[ziggurcat]

@nick:

"Killzone Shadow Fall multiplayer outputs at a native 1080p"

the operative word here is "outputs". the game does output at 1080p.

"As for if the guy suing understands this? Idk, maybe he thinks it is 720p. That however proves the point, consumers shouldn't be expected to know these things. Hence laws against false advertising."

actually, no... consumers are expected to be informed on what they're purchasing. if he thinks it's 720p, when it's absolutely not, then his whole case is baseless, and pleading ignorance is not an excuse in any case.

[CloudRap]

Sony better call Saul!

[nicksetzer1]

@zigurcat "if he thinks it's 720p, when it's absolutely not, then his whole case is baseless"

If his case were false, then yea, but his case is accurate. The fact that he doesn't understand how to explain the deceit (again idk if he said anything about 720p anyway) shows the problem with false advertising. Customer ARE NOT responsible for understanding the products when they are falsely advertised otherwise. If they assumed it was native then yes, he is responsible for his ignorance. But that's not the case.

Also, adding "outputs" doesn't change the definition of "native resolution" ....

[ziggurcat]

@ nick:

"If his case were false, then yea, but his case is accurate."

there's zero accuracy is his case, and it's based on his own ignorance. and there's been no actual false advertisement here.

"Also, adding "outputs doesn't change the definition of "native" ...."

so should we then sue MS because Greenberg said that all games on xbone were 1080p?

[BlackWolf12]

@nicksetzer1

There is also a reason why America is the home of serial pests who try to sue anyone for anything.

Like the overweight women who sued MacDonald's for making them fat.

[GameNameFame]

How about ms paying of youtube reviewers?

Yes that was proven beyond doubt. Terms were released and everything.

[nicksetzer1]

@zigurcat if greenberg said native, then maybe. Someone's personal twitter isn't a direct advertisement, Sony's company blog is. Even still greenberg is a marketing exec, so maybe they'd have a case.

However every game is 1080p on xb1, upscaled.

@gamename that is not false advertisement, but yes, if your claim is true that certainly seems to be a case where MS should be prosecuted.

[GameNameFame]

@nicksetzer

We'll it still is under realm of tricking consumers... Paying off YouTube reviews or positive comments.

@disagrees

Can't hide from facts

http://arstechnica.com/gami...

[Wizard_King]

I wonder if we can start one of these lawsuits against Microsoft for lies regarding the power of the cloud and what not. This whole gen has been mostly lies and bullshots from the get go anyway.

[pixelsword]

The lawsuit is pointless, especially since they can't recover under the economic loss rule, which basically allows you to recover damages if there was a contract, which there wasn't, personal injury or physical damage, which there isn't, or any Tortious conduct or Tortious interference, unless someone in Sony or GG made a promise that it would be 1080p, 60fps and it was not actually 1080p, 60fps, which could be viewed as a verbal contract.

Like the judge said, it may well be; but it doesn't have to LOOK it, and that's where they may lose the case entirely if the plaintiff can't prove their case.

You can have simpler looking textures without all of the filters applied and still have it be 1080p, and 60fps; heck, you can have 60fps, but not consistently... just on an average.

[AndrewLB]

Are you people really that brain-dead and completely blinded by fanboyism? Killzone Shadow Fall is rendered @ 960x1080i then uses temporal horizontal scaling to fill in every other line of pixels so 960 magically becomes 1920. The only difference between this and traditional upscaling of an image is Killzone only does it on the X axis while a 720p (1280x720) game upscales on both the X and Y axis.

And to further illustrate this point...

1280x720 = 921,600 pixels
960x1080 = 1,036,800 pixels
1920x1080 = 2,073,600 pixels

So yea... every one of you who are making comments about how it's not 720p are right. It's not. But it's a hell of a lot closer to 720p than 1080p. In fact, it's closer to 720p than 900p.

1600x900 = 1,440,000 pixels

By any legal standard out there, that is the clear definition of false advertising.

You guys are acting exactly like women in abusive relationships who come to the front door with a black eye and tell the cops you fell down the stairs on accident. There is absolutely no sense in rushing to the defense of a company who clearly lied, and I don't care if it's Sony, Microsoft, or that prick Obama who caused me to lose my health insurance and my doctor this past January due to his lies. You paid money for a product in good faith that they'd live up to their half of the bargain, and they didn't. The more you all allow corporations to lie to consumers, the more they'll take advantage of you in the future. There are plenty of incidents of people abusing the legal system in this country, but this isn't one of them.

[its_JEFF]

honestly I think we as gamers are a bunch of shams... you think what they did with KZ is a farce. Do you know how bad I wanted to sell my custom skate board I designed like "skatergirl" when I bought my 360. How disappointed was I when I got my Kinect home and it didn't work as presented by Microsoft. I was also disappointed that I preordered what I thought was the console version of WatchDogs when they were actually showing us the PC version. How about the "epic" "amazing" story Bungie was touting before Destiny was released. I bought the Oxyclean thinking it would get my whites and extra white! How about DriveClub/Halo MCC/AC:U ? broken games, at least partially.

I'm writing up class action lawsuits right now, who is with me?

[Volkama]

But the devs already explained this. They didn't upscale, they just took the native image and scaled it up.

The reason was good enough for a lot of people round here so I'm sure it will stand up in court.

[Irishguy95]

@ Volkama, its very simple. Its NOT 'Native 1080p'. Its as simple as that. Guerrila games outright admitted this was wrong and they should have clarified what form of '1080p' the game runs in, they apologized for it. The only ones who accepted it are a bunch of stupid fanboys. It was blatant false advertising from the get go and Sony need to know they can't do this again. They keep doing stuff like this and getting away with it because of the fanboys.

Remember the Ps3 reveal?

[Ju]

@Andrew: "960x1080i then uses temporal horizontal scaling"

No, it doesn't. It renders each pixel on a 1920 perspectively correct, but well, every other column is interleaved from one to the next frame. There is no scaling going on. What it does is, it interpolates the next and previous frame which in fact is a filter applied to interpolate between those two physically correct pixels. But in fact it renders all 1920 columns, 1080 lines in 33.3ms and applies a filter in 16.6ms.

[King_of_Nothing]

@Pixelsword- I know its fun to play lawyer on the internet for what reason I don't know. The problem is that actual attorneys who are also gamers do exist(hi), and they'll feel more than a bit inclined to point out your BS just on principle.

The economic loss rule doesn't apply to contract remedy. The economic loss rule is a doctrine intended to distinguish the remedies available in tort actions and contract actions. Someone doesn't need to suffer a financial injury to have a recovery in contracts; see expectation damages. (why do you keep going back and forth between tort and contract as if they're interchangeable? they're not the same thing and don't rely on the same remedies)

Also, why would you even address tort or contract claims in this case? It would be a consumer fraud claim. The injury is in the form of a deceptive claim that is LIKLEY to mislead a reasonable consumer. The claim can be expressed, implied or can even come in the form of a misrepresentation of facts that tend to distort information(which is what this case is being based on).

Wikipedia shouldn't be used as a legal analysis tool.

[pixelsword]

@ AndrewLB:

I don't know if you were talking to me or not, but if you were, you're wrong.

Even the judge stated that as the complaint stood, they could not get money under the negligent misrepresentation claim the plaintiff filed under in light of the the economic loss rule. Did you read the article?

I only wrote:

"Like the judge said, it may well be; but it doesn't have to LOOK it, and that's where they may lose the case entirely if the plaintiff can't prove their case."

In terms of the merits of the case, the court may have to defer to what the industry standard regards at native, because even the plaintiff used this interview:

http://www.killzone.com/en_...

Where Poria Torkan stated "In both SP and MP, KILLZONE SHADOW FALL outputs a full, unscaled 1080p image at up to 60 FPS. Native is often used to indicate images that are not scaled; it is native by that definition."

Of which native generally means in this respect: unscaled images.

Now some of the case is hanging on this part:

"In Multiplayer mode, however, we use a technique called “temporal reprojection,” which combines pixels and motion vectors from multiple lower-resolution frames to reconstruct a full 1080p image. If native means that every part of the pipeline is 1080p then this technique is not native."

Some might think because he mentioned lower-resolution frames being reconstructed, that it instantly means upscaling: but all it means is it's a different rendering technique.

As he further stated:

"Games often employ different resolutions in different parts of their rendering pipeline. Most games render particles and ambient occlusion at a lower resolution, while some games even do all lighting at a lower resolution. This is generally still called native 1080p."

In the first part of how he explains their rendering technique, he states "We keep track of three images of 'history pixels' sized 960x1080".

Torkan goes on to say the predictive nature being wrong produces the blurriness and lines, not the graphics themselves; so in essence, like I said, the rendering is the key issue, which is not advertised or in the lawsuit.

From there, All Sony has to do is show a comparable game that uses similar rendering techniques to come up with a native 1080p game; the rendering might have different results (not being blurry), but if the techniques are similar, then there is no case.

This part of the case simply went over a lot of people's heads.

Even if there was as case, just about every game that claims 1080p that used similar techniques might be up for a suit, citing this case as precedent.

Future games might be crippled to ensure pure 1080p in all aspects.

It could be a setback of sorts to gaming, but who knows...

[pixelsword]

@ king of nothing:

Obviously you didn't read the court information, and you ignored what the judge said, so you're not even worth commenting on.

So you can copy and paste, good for you; for being a lawyer, you sure don't pay attention to details.

Stick with your day job, whatever that is.

[Ranma1]

So sony didnt give accurate information about the graphics and now its gone to court.

Am fine with this so long as it sets a precedent and deters companies from false advertising like what happened back in the PS3 era with the Killzone 3 CGI trailer and Mirrors Edge that was claimed to be ingame.

I want less false advertising

http://img3.owned.com/media...

[Walkingliving]

It was KZ 2 trailer.

But the truth is, Killzone ended up looking way better than the CGI trailer.

[Qrphe]

Guerrilla never even claimed that trailer was in-game or anything, they even said the opposite a few days later. Blame it all on Jack Trenton who said "yes" in that one IGN interview.

[BABY-JEDI]

I don't want to rain on your moral parade, but all advertising is false, that is its sheer nature. To sell you an illusion. Perfume adverts. You really cannot smell this but look @ the visuals. No obese men/women in chocolate or fast food adverts? Funny that. All cars drive perfectly & some can fly. You get this & you'll get a super model to be your partner!
'Ways of seeing' read it.

[scark92]

In that regard, Ubisoft is screwed!

[coolbeans]

That shouldn't be a surprise, given that they're a publicly traded good. If there's enough evidence to believe a company willingly deceived consumers then the courts would take it up, same as if a movie business pulled the same stunt.

Gearbox/SEGA went through this same situation and lost their class-action lawsuit for Aliens: Colonial Marines' false advertising, so it's done some good in my eyes.

[OrangePowerz]

Lawsuits are the favourite sport.of americans.

I was disappointed about the Watch Digs graphics downgrade but it would never come to my mind going to court for that.

As for MS fans, if you think that lawsuit is right please file a class action lawsuit against MS and Turn 10 for Forza 5 turning out to be hugely downgraded in graphics compared to the E3 demo.

[dcbronco]

America, f*** yeah!!

[thorstein]

You want irony? This comes down in the same week that US Courts rejected an anti trust suit against Apple that claimed iTunes unfairly prevents users from using other devices/players to listen to the music they purchased on the istore.

That is exactly what Anti Trust Laws were written for in the first place.

This lawsuit is purely BS.

[dcbronco]

The Apple suit is different. Apple only limits you with their downloads and their devices. You are more than welcome to use a different device and service. They also offer DRM-free music too which can be used with any device.

There is a potential upside for consumers with the Sony suit. The next, and most likely last traditional generation of consoles, will be complete beast. No corners cut on parts. Companies will include the parts needed to get that wow factor with no compromises.

[Dannycr]

@dcbronco

NORTH America... The rest of the countries that comprise the American continent don't do that.

[Ju]

America as in USA. Neither Canada nor Mexico does that which are part of North America.

[Muzikguy]

I hope that Sony loses and that after this there's less deceit from any party in the industry. It's getting ridiculous and it's stupid to think we can kept being led to believe why isn't true. For those that believe it anyway (looking at you Ubisoft)

[Muzikguy]

Holy crap that post of mine got butchered by my phone! lol

"It's getting ridiculous and it's stupid to think we can keep getting led to believe what isn't true. For those that believe the lies anyway."

There, I feel better about that now!

[PrinterMan]

Actually Killzone SF is Native 1080p, just like the box says. Just not the multiplayer. Also, if this butthurt whatever didn't like the look of the game then take it back and get a refund. This is a simply someone trying to scam his 15 minutes of fame and a lawyer trying to make money.

So many other worthwhile things to fight for than a frickin' video game. GAFL.

[Gaming247allday]

Regardless, the Game was still false Advertised and this suit should follow through, when you sell a product and make false claims like Sony did, then they have to accept the consequences,

Sony was so desperate to bash Microsoft over the 1080p debacle that they lied to their customers

[RG_Dubz]

Only in America..

[StrawberryDiesel420]

So let me get this straight, Killzone Shadow fall releases with amazing graphics, solid framerate and SP and MP both completely functional and playable. However, they get sued because of a minor oversight which is being blown way out of proportion. On the other hand, a game like Assassins Creed Unity releases completely broken and they haven't faced a class action suit? Ok ya this makes sense....

[DA_SHREDDER]

i dont know about you guys but i would more than appreciate to get some of my money back after this abomination of a game ended up in my library on day one. I still cant believe how good Kz3 was let alone how bad kz sf was, it was like a totally different team made it. taking out jet packs and mechs to include a stupid OWL was the worst business decision guerrilla ever made.

[VforVideogames]

Can I take Sony to court for Drive club? and Microsoft for Halo MCC? and Nintendo for that controller?

[Dubaman]

Lol I love the fact you list games which were effectively not games, upon release. Yet the only thing you can think of to use against Nintendo is errr "that controller".

Though in all fairness, this lawsuit should be about Drive Club, Halo MCC and even Assassins Creed Unity. Those "games" were clearly not ready to be released and the majority of what they claimed to be capable of and feature, is what we English call; Bollocks. That is false advertising.
Personally, i would love an industry wide ban on Day One patches but especially those which are GB's in size and lock out half the game. I think publishers should be given a limit on the amount of patches and fixes they can put out for a single game. Any more than that and they get fined or they have to refund an amount of the cost of the game to the consumer. That should deter any publisher from using gamers as guineas pigs or cash cows, either way we're just a herd to these people.

[geddesmond]

BUT BUT BUT Resolution in games doesn't matter LMAO. It doesn't matter so much that some dude is taking Sony to court over resolution. But we all now it's just someone looking for a payday. Didn't it come out in April or May that the MP was just an upscaled 1080p using some type of projection trick.

http://n4g.com/news/1469012...

Yeah dude reads article. Saves up as much money as he can from june til August. Finally has enough to buy KZ SF, just so he can sue for false advertisement and make some cheese. Screw that, I bought KZ as well. If he gets some money I wat my percentage or I'll sue him for being greedy LOL.

[Kidmyst]

I am getting tired of whiny gamers whining about the dumbest crap. Every day it seems like another article where certain gamers are complaining about something. Save the complaints for the legitimate things like AC Unity and the mess of problems.

[Aquariusgamer]

I don't see anyone taking ubi or ea to court for releasing broken games. Thats the far worse crime.

[bunfighterii]

What a utter waste of the court's time, and a utterly stupid lawsuit.

[CuddlyREDRUM]

Speaking of complaining...

[KrisButtar]

I Hope they get nailed for it, then go after Ubisoft for Watch Dogs and everyone else. Maybe after the millions they loose they will actually be showing us what we are getting and none of this downgrade BS.

[Blank]

Well I would sound biased to say that it sucks its happening to sony. But I honestly would rather UBI be in that legal dilemma, but on the flip side should Sony get slammed hard we got a precedent case and I would hope UBI is in the cross hairs.

[KrisButtar]

It is shitty that its Sony when others deserve it more like EA over BF4 or UBI for Watch Dogs or Unity but it is a precedent case so that's why I want the issue to be hit hard that all the others publishers will smarten up

[XiMasterChief]

AND who is buying the game? YOU!

[Majin-vegeta]

Uhh the game is running 1080P. They never stated what part would.As long as the game is running 1080 doesnt matter how they're doing it.They are clear.

Here's a pix of the back of the case.It nowhere states it's "Native 1080P".

http://i.imgur.com/Dc8Xvxj....

So looks like Sony will win this with no problems.

[nicksetzer1]

?? But they did ....

"As you can probably tell from the footage, Killzone Shadow Fall multiplayer outputs at a native 1080p, rendering uncapped but always targeting 60 FPS. We’re very pleased with how well the game runs, and we can’t wait for you to play it come November 15th."
http://blog.us.playstation....

It isn't native in multiplayer at all, they even specifically say they are using horizontal scaling by means of temporal reprojection. (Aka reusing old data to build a 1080p image)

http://www.eurogamer.net/ar...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Now, there are some mitigating factors here. Shadow Fall uses a horizontal interlace, with every other column of pixels generated using a temporal upscale - in effect, information from previously rendered frames is used to plug the gaps.
temporal reprojection"

[ninjahunter]

Thats like saying a sandwhich is gluten free while the bread has gluten in it. "We didn't specify which part was gluten free."

[Gazondaily]

Unbelievable.

I really cannot believe the tenacity of people defending this company. What is it with Sony fanboys and the PlayStation brand that they will stick their neck outs for them to such ridiculous levels? It's really sad.

[randomass171]

But that can be equated to any fanboy. Among Sony franchises, Killzone is not one of my top games so I don't yet know about Shadow Fall. If Sony was dishonest then the lawsuit will hold up in court but if they were not dishonest then the case will eventually get dropped. Fan opinons certainly won't affect any of this. :U

[r2oB]

@ septic

What's your opinion on a consumer that may have bought an Xbox One at launch under the impression that Kinect was an integral part of the console, that would not be decoupled from the console, that would be a heavy focus in core gaming? Microsoft executives has said these very words and yet Kinect is not integral (it's completely optional), it's no longer a required purchase when buying an Xbox One, and where are the core games that have a heavy focus around it. Do these people deserve refunds? Should Microsoft get sued? Are Xbox fans sticking their necks out to ridiculous levels too?

[u-bEttA-rUn]

but it does says it runs at 1080p and requires a "native 1080p display"

[morganfell]

That is because no 1080p, regardless if it is natively rendered or not, will run in 1080p on a display that is incapable of displaying a signal in 1080p. That idiot phrase is on the box to stop arguments by people that own sub-HD displays from complaining they couldn't get 1080p on their 720p/480p screen.

Ruling that a lawsuit may proceed does not necessarily indicate it has a chance of winning. It merely means that the defendents phrased argument did not sufficiently convince the judge that matters should not proceed. Mr Ladore may be in for a rude awakeing because doubtless Sony will ask that in the event the case is dismissed or found in their favor, Ladore and other defendents be made to shoulder Sony's legal costs. A practice that is becoming more common to help prevent frivolous actions. Not a pretty site to lose most or all of what you own over poor choices in how to pursue a solution.

[2pacalypsenow]

All xbox 360 games said 1080p on the box , no one sued

[andibandit]

Finally a post in this thread with unanimous agrees, hmm lets see what he wrote......oh bashing ms in a sony article....imagine the surprise

[coolbeans]

There's a difference between that little box [HDTV 720p/1080i/1080p] notifying you that the game can be upscaled vs. an official Playstation blog lying to potential customers about Shadowfall's multiplayer running natively at 1080p.

[Magnes]

Peter Moore went on stage at the xb 360 announcement and said the xb 360 would bring about the end of the jaggie. Guess what, been playing SSO all week still see jaggies. I'm calling my lawyer.

[PrinterMan]

Sony corrected their previous statement on the 1080p issue. Just because it is said by one person does not make it binding whatsoever.

[coolbeans]

@PrinterMan

"Sony corrected their previous statement on the 1080p issue."

The only corrections I've seen made by them or GG was AFTER this news was brought to light via Eurogamer. I would certainly like to see any links that could correct me on that.

"Just because it is said by one person does not make it binding whatsoever."

The technical director of Guerilla Games was the one person your talking about, 'tis true, BUT said false information was eventually transmitted via the official Playstation(US) blog. I mean...c'mon now. It's one thing to say whether or not that's "[legally] binding" (which I can't help but lol at you saying as if you know how the law works when it comes to something like this...that doesn't mean I'm not in the same position, just that it's obviously up for the courts to decide and not the comments section) but something else to not provide a more complete context of the situation.

[isarai]

This is just plain dumb, just a greedy person trying to abuse the system and grasp at anything to get some money. Asking for money as if this lowered his quality of life or some shizz, seriously wtf!

[BlackTar187]

They should be held accountable if in fact they lied. That said the US system is so jacked up it's stupid.

I'm not for Corp. getting the better of people but at the same time i feel their is a better way to do this then being able to file a lawsuit.

[isarai]

They didn't, they said it runs in 1080p, and it does, just by using a different method. the only reason this has gone so far is because people are too damn stupid to understand this new method and how it works.

[BlackTar187]

Please re-read what i said. I didn't say they did or didn't i said if they did and it's proven then they should be held accountable.

[Psygnosis333]

@ isarai
If you bay Full HD TV and later on you discover that actual resolution or the tv is not like it was advertised,,will you be mad?

[mydyingparadiselost]

If I remember correctly this is a class action lawsuit. The people involved would see very little in the way of monetary compensation. Pretty poor racket for such a greedy person to get into...
Also, this isn't about lowering his QoL, it's about misrepresenting the resolution of the games multiplayer. Whether that's what has happened here is up for debate, but I personally can appreciate someone taking a company to court over lying about their product and it's capabilities.

[Majin-vegeta]

If it is a classaction lawsuit and he has been playing online.He's shat out of luck.

http://gamerant.com/sony-su...

[mydyingparadiselost]

It doesn't matter though, just because Sony says you can't sue doesn't mean the court will agree. Depending on how far this lawsuit goes it may set a precedent as to whether Sony will be able to use that clause. Just remember, is not about Sony says, is what the judge says.

[Knightofelemia]

Least it better then Samsung VS Apple I hate reading those articles. Shame that it Sony going to court but in this world people can sue for the stupidest things.

[tamarkovia]

This is madness!

[Dirtnapstor]

Unfreakin believable! This type of BS needs to stop. Dude needs his eyes checked, or perhaps his TV is crap. Probably using a projection tube.
Yes some standards have fallen and need to be elevated again with a few developers out there... I'm sure having to do with time crunches.
I personally have no issues with KZSF. Excellent in all respects.

[krontaar]

You don't get it at all, do you.

[Dirtnapstor]

Not really. Please explain the rationale for the lawsuit and how the "false advertising" had created a state of mental anguish, justifying the reasoning.
Too much time on someone's hands.... I see comments too often bitching and moaning about "the greedy developers and publishers", and here we go, towing that line, but from a different direction. Explain please.

[Psygnosis333]

When Sony first time sowed Gran Turismo 6 gameplay on youtube it wass wayy beter, there was no fliping shadows or alising it was much more crisp then the final game..killzone 2?
It renders 1080p in MP?actualy it doesent if you buy TV 1080p(advertised) and later on you discover that it is 1080i i would be mad

[Gazondaily]

Yeah you really don't get it at all.

"Please explain the rationale for the lawsuit and how the "false advertising" had created a state of mental anguish"

Mental anguish? He's not claiming mental anguish? This is not a claim in tort. Its a breach of contract case.

"I see comments too often bitching and moaning about "the greedy developers and publishers", and here we go, towing that line, but from a different direction. Explain please."

Okay I'll explain. It's called FALSE advertising. Strictly speaking GG advertised the game as running in a way in which IT DOES NOT. These are statements of fact.

"I personally have no issues with KZSF. Excellent in all respects."

Er that's completely irrelevant here. You're not understanding the subject matter at all.

[Dirtnapstor]

Okay, point by point...
1. There was no contract with the consumer.
2. Nothing negatively affected the consumer.
3. Er, I get it. General statement as saying I enjoyed the game, INCLUDING the supposed visual disparity that has caused such turmoil.

Besides, I thought this had been laid to rest already.

[Gazondaily]

@Dirtnaptor

1.There is one. Otherwise there wouldn't be a case to answer AT ALL.

2. Yes it did. If you buy a product in reliance of statements made by the developer, you're the one at a loss if you get a product that doesn't match that description

3. Your general point has no bearing on the substance of this case or the issue at hand

No it wasn't laid to rest because here we are, discussing a class action law suit that is now proceeding.

[ScorpiusX]

Wonder if those who brought this case against sony & developer have tried looking for some of those leaked emails to use in their favor. If so this will get good .

[jukins]

Seems ppl don't understand the story lol. The only reason it's not dismissed is because out of the 3 counts 2 have a,slight slight chance of having validity so therefore it must go to court/trial. More than likely they'll win this or settle

[BX81]

Good. About time. First it was bf4 then this. Next should be assassins creed.

[ger2396]

In what way was kill zone like those games?

[BX81]

False advertisement. Throw gears 2 in there while ur at it. Horribly broken mp at launch. Im tiered of devs getting away with crap. People work hard for their money only to be swindled by lies and half truths.

[ltachiUchiha]

radler

So should MS be sued for false advertisement with commercials saying 3rd party games that are also on other platforms saying only on xbox? Isnt that lying too?

[Lenrulesdaworld]

If it say only on xbox its only xbox, if it just exclusive but is on pc they wouldn't say only on xbox.

[Talgrath]

Keep in mind folks that judges know exactly jack squat about technology, as a general rule. Remember, judges are generally at least in their forties, if not older and generally aren't up to date on the latest in technology. All this ruling means is that the lawsuit isn't dead on arrival, they still have to prove that the game isn't running in 1080p and that they lied about it and that the deception is significant and couldn't be called "puffery"; that is a high mountain to climb.

[danny818]

good!!!

[toddybad]

Strange thing is I still think that KZ:SF has the best graphics so far in this gen (and yes, I do either own or have played most games). There is weird motion blur, but that appears irrelevant to the lawsuit.

[MrUndrhill]

The only thing crazier than this ruling is some of these responses. People actually hope Sony and GG get "nailed" for this nonsense? It is arguably the best looking game of the gen and one of the most supported post launch. This was not a broken game (driveclub, unity) or a graphical downgrade (watch dogs) or complete false advertising (Aliens Colonial Marines). This is a great product by a great developer. It is a waste of everyones time and money, and a huge joke. If you think that this is a serious matter you need to get out into the real word and see what real life problems are. Pathetic.

[OB1Biker]

Agreed. They up the resolution in MP to 1080p with no need of upscaling and the real debate is on what 'native' is.
I dont think anyone could be influenced into buying the game in anyway
So what? People had rather the game output 900p?
Also if they want to sue M$, Sony, Ubi, etc etc... I hope they dont mind just getting indies in the future

[one2thr]

SP is Native 1080p, MP is a technique to produce a 1080p image.

They mentioned this before the game released...

[Convas]

No the hell they did not.

[PrinterMan]

Actually they did.

[one2thr]

It took me 30 seconds to skim through this thread to find about 9, bad words and yet I was the only person marked for "Bad Language" and lost a bubble.

As Spider-Man once said, "Do Your Job!" (Moderators)

[ElementX]

Between this and potential lawsuits from the leaked emails and personal information, will Sony have any money left?

[Spotie]

Not that you actually care, but yes, they'll have plenty.

[ElementX]

I owned a Vita and PS3. Now I have a PS4, of course I care!

[Silly gameAr]

What a world we live in.

[JakeD]

They lied to the consumer and now are paying the price

[WeAreLegion]

News flash.

So does everyone else. Get over it.

[Psygnosis333]

Get over it? Corporations like people like you.

[chaosx]

It wasn't true 1080p. lots of docs on line from Sony stating it was... in this day and age , you just cant do that. Some bottom feeder will hold you to account.

[Dyldog69]

What a pussy. Get off your moms teet boy

[DarXyde]

"[...] Rather, the heart of Ladore’s complaint is that Killzone’s multiplayer graphics were not originally created or rendered in 1080p – the output resolution was represented to be native 1080p when in fact it was not.”

Because he could tell before Digital Foundry revealed it wasn't. Right...

Now that we see which way this can go, it wouldn't surprise me to see this become an emerging trend.

[WeAreLegion]

If you ever find yourself in a situation where you're suing a video game developer over a slight resolution issue, please do us all a favor and stop playing video games.

At that point, you are hurting the industry.

[Gazondaily]

No. In fact, through your paralysis and failure to act, you're hurting the industry by letting developers release products that don't match their description.

We need more people like this and more people need to be held accountable like Evolution studios, 343, Ubisoft and the like.

[PrinterMan]

Get a life people. It's a game...actually it's not even a game its all about a few pixels and Sony did not lie. All was revealed before the game was released or shortly after. I cannot remember exactly. I knew long beofre I purchased it. This IDIOT enjoyed the game and the idea that the 'rendered' resolution caused some evil in his life is absolutely absurd. People like this make me ill!

[acemonkey]

same judge that thinks video games drives people to kill other people

[kazman]

source

[ThePresentIsAgift]

As somebody who has seen members of his family having to fight real cases of gender discrimination at work and fraudulent behaviour of mortgage lenders this sickens and angers me in equal measure.

The amount of time, energy and stress that goes into a case can be phenomenally draining and even in the instance of an outright "win" when your life has been derailed it feels a little hollow as a consolation.

This guy needs a polite reminder to quietly leave them to carry out work of real value.

[popup]

I wonder if you can sue the guy who is doing this for being the world's biggest twat?

[DoubleYourDose]

It sure would nice. I can't believe the people arguing in favor of this guy's lawsuit. It's lunacy.

[tiffac008]

Hmm... On the bright side maybe this would signal to developers and publishers to actually release thier games as advertised and not give thier fanbase too much grief by releasing incomplete products and patch it up later like we've seen lately. Of course, I'm not saying KZ:SF has the same issues as AC:U or DC but still gotta make sure the product comes out as advertised.

It maybe a small issue but it would be good practice nonetheless.

[windblowsagain]

So every 360 game can be sued. Microsoft will be in the deepest of shit if this case is won.

[SoCalledMe]

If they lied its same as in any sphere of business , this would shake up Ubisoft and other companies to stop deceiving us , think if u bought a pre built PC and company lied what spec you were getting , or if u buy an underpreforming car , it wouldnt be strange then ? Well developers get our money we get games , if they screw us over they should get what they deserve , I for one dont like to be deceived

[5eriously]

Only in the land of the USA! Stupid is stupid!

[iNFAMOUZ1]

lock everyone of them from guerilla games, throw away the key

[Sheikh Yerbouti]

If it is interlaced and not native, and Sony said it will be on a blog...then maybe there is a case. But what would be the damages? Where is the merit in this case?

I never get the hamburger in the picture at fast food restaurants. Why don't they go after that? Advertisements sell sex and misinform us on the benefits all the time...with tiny little print to avoid law suits. Will blogs need to do the same thing now?

[Aghashie]

This is wrong in so many levels.

Battlefield
Watch Dogs
Assassins Creed
Call Of Duty
Little Big Planet

This is a very short list of unpolished games that got a game braking bug, net issues or problems w framerate/tearing on visual department.

In any case, legal action is justified on any of them. But Killzone!? Just cause multiplayer is not true HD?

Can't believe how shallow gamers r becoming this generation. :/

[sovkhan]

Bloody, ignorant, senile, unworthy judge!!!

That sums it up :/

[feraldrgn]

Cue lawsuits against Microsoft.

[CrowbaitBob]

This lawsuit isn't just frivolous, it's over something that has had absolutely zero impact on anyone ever.

[HeMan76]

Sony and their inevitable lies.Those guys are hilarious!!!lol!!!

[BABY-JEDI]

1. Couldn't the person just return the game & get his money back?
2. Could the judge set in motion the prosecution of corrupt officials & politicians?
3. Couldn't the court system be more focused on dealing with real criminal intent?
4. Brocken games, I mean, who's getting jailed or what? Are Ubisoft AC dev's getting life?
Seriously, Killzone Shadowfall is a visually stunning game especially for a launch title.

[Father__Merrin]

Taking a court case because of resolution, stupid nerds...

[demonicale]

Those stupid "nerds" are the ones that are standing up for the consumers being lied to.

[SillyBastid]

"I can't breathe"

[Hakoom]

the should do the same to xbox then since it always false advertises games and other things

[jollygoodchap8]

Resolution and motion blur? Really? Sure, I understand something like Colonial Marines, Watchdogs or any Peter Molyneux game, but this?

Come on now.

[mochachino]

Someone should sue about the indefinite delay of Drive Club. How many people subscribed to Plus just to play the 'free' version.

[TriangleOffense]

Smfh

[Condemnedman]

Sdf in full force lol

[TbagginEagle]

This should've happened forever ago with BF4. Its been a long time coming and Sony still has the whole Drive club debacle stewing...this is what happens in all distribution mediums when a product is flawed or misrepresented, the maker or developer is taken to court. I don't see why they don't just do a recall and credit or refund the consumer. If the general consensus is that a game is released broken or buggy enough to be considered alpha or beta then all monies earned are to be returned, how hard is that? Also to you the consumer, the "gamers" out there. Stop buying all this shovelware bullshit and you can stop complaining, who really thought ANOTHER Halo and AC were going to be ground breaking? You bought another lie. Stop doing it.