25 Replies Latest reply: Feb 16, 2013 1:09 PM by kidxakamaru RSS

Business Law 101 ~ For New COD players!

Izjar11

COD,

 

Today this forum has be engulfed with (I apologize) Ignorance about DLC release / contractual obligations / greed, what ever.

 

I am not a lawyer. What I offer below is my understanding of how a contract works and is not legal advice in any way, shape, or form.

Since it appears that some people aren’t familiar with the concept of a contract, here’s some background:


A contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation, which may have elements in writing, though contracts can be made orally. [snip]  A contract is a legally enforceable promise or undertaking that something will or will not occur.

 

That’s right. A contract is simply an agreement of “here is how this interaction will work.”

 

I understand many who come here have no business law knowldge but know this most contracts have two important clauses of interest:

  • There’s usually a clause that says something along the lines of “this agreement is the whole thing and supersedes everything else.” Basically, that means “it doesn’t matter what we agreed to previously, this is what we’re actually agreeing to.”
  • The other clause offers a way to amend the contract. It usually requires it to be in writing and agreed to by both sides. What constitutes “agreement” varies, so ask an attorney on that one.

 

 

So, throughout today's postings one of that things that has struck me as ignorant or odd – beyond the absurdity and ongoing secrecy – is their repeated offers to “lets revolt, lets stand up” and “make things right for the PS# player” without actually knowing what they are asking.

The matter of fact is that the current contract that gives XBOX first release WILL NOT CHANGE! This decision is not ours, its between two businesses who choose this as a financial gain!

 


  • Re: Misguided Miscreants (Part 2)
    gambit1969

    I think you are going to need this........

     

    http://i1287.photobucket.com/albums/a625/MrMarlboro2009/Bang-Head-Here1_zpsbd905973.jpg

  • Re: Misguided Miscreants (Part 2)
    Izjar11

    To those who still are writing about DLC and XBOX Read this please.

  • Re: Business Law 101

    we all know about the legality of it but activision as with any company should serve there customers equally and not say these people get it first because they pay so much a month for in what my opinion is a junk console. if you buy the game you should have rights to any and all game content they release. simple.

    • Re: Business Law 101
      Eye_Gore

      Its shady but if you knew business. The ones who pay the most get treated the best, simple as that. I know it sucks, but its how business has been conducted for centuries.

       

      Remember life is not fair, money talks, and oh yeah, its nothing personal, just business.

      • Re: Business Law 101
        Izjar11

        Eye_Gore wrote:

         

        Its shady but if you knew business. The ones who pay the most get treated the best, simple as that. I know it sucks, but its how business has been conducted for centuries.

         

        Remember life is not fair, money talks, and oh yeah, its nothing personal, just business.

        eye_gore its not shady, its business bro. They are not defrauding anyone, they are simply selling that one option to the company who chooses to purchase it, Microsoft choose to, Sony didn't.

    • Re: Business Law 101
      gambit1969

      It is not because x box owners pay to play online it is because Microsoft paid Activision a heap of money for the rights to have it released xbox owners first.

      • Re: Business Law 101
        mn7_la

        Microsoft paid money to AV - but where did they get that money from (or who do you think they're going to charge it to)?

        .

        IMO - it ends up from the pockets of XBL account holders. I guess MS is also compensating them a little (by allocating a part of that payment from it's own profits) - because their consoles aren't near as good as PS3 (especially considering Blu-Ray).

        .

        Just my $ 0.02.

        .

        MN

    • Re: Business Law 101
      Izjar11

      CookyMonster420 wrote:

       

      we all know about the legality of it but activision as with any company should serve there customers equally and not say these people get it first because they pay so much a month for in what my opinion is a junk console. if you buy the game you should have rights to any and all game content they release. simple.

      What your doing is taking business personal, its business nothing more and nothing less. Dont like it purchase another game! The right that you speak of it an illusion, the free market determines that, Microsoft pays for the privilege Sony doesn't, period!

      • Re: Business Law 101
        Highwayman0226

             Honestly, if they didn't sell the season pass, I don't think Activision is obligated to even offer DLC for the PS3.  Did Wii get DLC in MW3?  They are equal customers too, no?  You have no "right" for a company to sell you thier product.

    • Re: Business Law 101
      rlbl

      CookyMonster420 wrote:

       

      we all know about the legality of it but activision as with any company should serve there customers equally

      Do you even realize this statement is a contradiction?

  • Re: Business Law 101

    Definitely making my head hurt.

  • Re: Business Law 101 ~ For New COD players!
    Izjar11

    Because the DLC topic seems to be on many new players minds, I hope this thread helps those somewhat.

  • Re: Business Law 101 ~ For New COD players!
    ChestSplittah

    I hereby sentence you to lay with Jinx's Sister for 30 days... Crime... Making sense..

    http://www.legaljuice.com/judge%20gavel%20order%20in%20the%20court.gif

  • Re: Business Law 101 ~ For New COD players!
    phxs72

    Another good post.  Too many people lack even a basic understanding of contracts.  There is no should or should not.  There only is what was agreed to.  Personal feelings of right versus wrong are completely irrelavent.  For those wanting to "make it right for PS3 users," they need to focus their attention on Sony not Activision.  I'm sure that Sony was offered the opportunity to get the DLC first and they decided that it was in their best business interest to not pursue that option.  It's as simple as that.  Just for the record, Wii decided the same thing.  So in other words, both Sony and Wii feel that their business dollars are better spent on other features.  XBOX saw it differently.  There are no second class consoles out there.

     

    Another point that I'd like to make with regards to contracts is that they also contain a clause for remediation if one party isn't living up to their obligations.  The world is not a perfect place, so somewhere along the way somebody in a contract is going to have problems living up to their obligations.  This is why this clause exists and it always provides established protocols for identifying the problems and a timeframe for resolution.  It is never allowed to nullify the contract immediately just because someone hasn't fully delivered on his promises.  So for all of those out there proclaiming that they want their money back the second an issue is discovered, you are showing your ignorance of the situation and lessening the power of your position by making such demands without first providing an official notice of the issue and providing the specified timeframe for resolution.  It is far better to identify the issue in a contructive way and allow the process to run it's course than it is to try and jump immediately to the refund.  Showing an understanding of the actual process upfront is much more intimidating than proving that you are clueless and as such are a minimal legal threat.

  • Re: Business Law 101 ~ For New COD players!
    Im_A_Drag85

    yea good post bro!  i work in and around contracts with Engineering firms and Construction companies on an every day basis and there's a way to do good and fair business and AV did some "good business."

     

    More than likely AV made an offer to the highest bidder and Microsoft won the bid...fair and simple.

     

    If you really think about it, this contract wouldn't make a lick of sense without exclusivity; and also being a good marketing strategy for the XBOX.  The sole purpose was for AV to ultimately make more money while tipping the hat not to a more loyal customer, but to a thriving competitor (1) month in advance P.E.R.I.O.D.

     

    Personally...i'd like to know how much they paid! 

  • Re: Business Law 101 ~ For New COD players!
    ghamorra

    I wish I could find the artical that explained how Sony was offered first dibs on this years DLC and how the passed it up because they wanted to focus on the exclusives that were coming out this year. Sony pays a lot of money to keep games for the Sony console only, they honestly could care less about Call of Duty

  • Re: Business Law 101 ~ For New COD players!

    think of this as a positive THE 2nd best console plays beta version , activision fixes bugs and etc and we get them when they are fixed without bugs and stuff ...

     

    Be optiistic

  • Re: Business Law 101 ~ For New COD players!
    rlbl

    You know what I find funny Ego...

     

    Do any of the players who feel it is unfair that XBOX gets DLC, programming, etc... before the PS3, say anything about the PS3 games that come out 1st (or exclusive) for the PS3?

     

    I am betting NOT

     

    (and before anyone says, "but I do not care about Uncharted - example - this is a COD forum!!!" I say, you are suffering from HUB disease)

     

    HUB = Head Up Butt