Why video game refunds for broken games are a consumer right

Matt of PC Gaming Enthusiast puts his background in law to good use as he argues in favor of the consumer.

He writes:

"In the case of games, where the “sale” is almost always really a software license agreement, the reasoning remains the same, despite the frequently included term in these licenses that the software is offered “as is”. Such "as is" contractual terms are only meaningful when a consumer has had a chance to fully inspect a good being sold before purchase, and is willing to purchase it anyway despite known defects."

[WilliamUsher]

Now if only more press started arguing on behalf on the consumer we wouldn't have half as many problems as pervasive as they are in the industry.

[kneon]

I'd just be happy if gaming journalist stopped looking the other way when reviewing games from their favorite franchises or publishers.

How many times have we seen games get 9's and 10's only to find out when we start playing them that they are riddled with bugs?

[-Foxtrot]

Unless you get stupid fans who say something like "I just enjoy it for what it is" when you try to express criticism.

That's a good idea...let them off the hook

You could say that excuse for anything

<Plays Superman 64>

"I'm enjoying it for what it is"

/s

[LaWiiG]

I think you hit the nail on the head. For games that are blatantly pushed out to the public with no repercussion is where the problem lies.

If a game comes from an indie development team and is 3.99, you might then fight for the "enjoy it for what it is" argument.

[Aloy-Boyfriend]

My head almost exploded last year reading Ass-Greed Unity day 1 owners saying the launch wasn't that bad post 7 GB patch...

[LaWiiG]

That's 7 freakin' gigs, man. That's the size of some games even nowadays.

[-Foxtrot]

Kind of the same with Battlefield 4 players

"Well it's better now"

Yeah a bloody year later

What about Destiny

"Oh it's a little better with the Taken King"

NOT THE POINT

[-Foxtrot]

@ChiefPuffsAlot

Battlefront Beta...or Battlefront Demo, a representation of what gamers are most likely going to get at launch.

[donthate]

The problem with "criticism" is it is an opinion, and people have different opinions of how it "should" be.

By expressing your criticism, and somebody disagreeing with you isn't letting someone of the hook. It is letting people decide for themselves.

Let's not become hive mind in either direction of agreement or criticism, but focus on free speech and discussion productively.

I'm not disagreeing with you, but I think the market seems to be doing what it is suppose to. Things that are more problematic are ignorance or spreading outright lies. Happens a lot here on n4g!

[-Foxtrot]

So what about if you criticize how broke games like Assassins Creed Unity, Battlefield 4, SimCity were at launch or how games like Duke Nukem Forever and Alien Colonial Marines were just plain terrible

Not really opinion is it...it's fact, they were broken and the others were just bad games.

Some things we end up getting within the industry you just have to step back and go "Hang on...this is not what we should be getting, we are paying for this we deserve better".

[TeamLeaptrade]

For broken games this needs to happen. People deserve a refund if what they're getting isn't what was advertised.

[sonerone]

This is uk law since last week.

[Gwiz]

This is exactly why pre-orders are a bad thing most of the time,you're spending money on a promise.

[kneon]

You can just cancel your pre-order before it ships if you change your mind.

[Jubez187]

Pre-orders are fine, you can always cancel. What's the difference between blindly paying the 60 day of release or throwing 5 dollars down. Most reviews come out before the game does anyways so if there's crazy bugs you can know.

[Gwiz]

Refunds are not a consumer right,you should read an EULA or ToS agreement.
Software has no warranty,a retailer usually doesn't refund for buggy games unless the publisher in question enables them to do it.

[Articuno76]

They are in the UK as of this month.

[Gwiz]

Consumers is international not just one country.

[donthate]

Refunds can be a consumer right.... it is in some places now.

[wraith4912]

What constitutes a broken game though? Don't get me wrong I agree but it seems like a very slippery slope.

[LaWiiG]

If a game has something that impedes the completion, then it should be considered broken. Like a move. If you go to the movies and the equipment fails and you can watch it in its entirety. You should get a refund.

[Spotie]

Buy what if a game is still playable, yet comes replete with lots of bugs and glitches? Not game breaking, but still annoying. Does that count?

If some people CAN compete the game despite the bugs, does that invalidate the claim as a whole that the game is broken?

I agree that a refund should be possible, but the question of where to draw the line is anything but easy.

[Imalwaysright]

I'll be having a good laugh reading the articles and comments the day after Fallout 4 is released.

[Gwiz]

That game will definitely have some technical issues,Witcher 3 still needs patching.These games are pretty much guaranteed to have some issues.

[LaWiiG]

I think the better thought process should be a ratio of small glitches vs. the inability to play a game. If it crosses a certain threshold, then that game should be deemed unplayable. I know this is getting into the weeds a bit, but there has to be some standard, or companies should issue refunds.

[Scatpants]

You don't have to buy them. The problems are widely known after the first couple days of release. It's your own fault if you're so excited you buy it on day one. This is a problem that is easily avoided so I don't feel anyone has a right to a refund.

[Gwiz]

You have a right to receive a completed and working product,but they've countered that with the EULA's and ToS,in most cases
you're not getting a refund (meaning most countries).

" You don't have to buy them " is not an actual merit for purchased goods.

[Scatpants]

Why should they give you a refund if you have the means of easily finding out if a game has these problems before you buy it?

[Blacklash93]

While I agree, a matter like this needs to be handled wisely lest people are able to refund games for any dissatisfaction. Games are never perfect, and are never advertised as bug-free or satisfaction-guaranteed.

I think refunds should normally be reserved for blatantly broken and pervasively bugged titles. Games like The Witcher 3 and Fallout 3 had a lot of bugs at launch, some of them major but they still worked competently for the vast majority of playtime and most players were able to complete them with no particularly significant issues. In contrast, games like Sim City and Driveclub were just non-functional and others like KOTOR2 had common bugs that halted critical progression. Handing out refunds is reasonable in the latter, but not necessarily the former.

[Chronos21]

I agree. I think it just needs to be a reasonable interpretation of whether or not the game is reasonably satisfactory. You can't get rid of all bugs, but you should get rid of the ones that make your game nearly unplayable.

[Dark_Overlord]

You've obviously never played Fallout 3 on the PS3 XD

That thing is still broken as hell, especially the GOTY edition.

[Donnywho]

Lying neck breathing publishers V.S. All the consumers who would try to break the refund system with false claims. Let's just have them all fight to the death and then we'll have less of those ramjobs and we'll be able to make some progress. I see no hope otherwise.