Attorney Mark Methenitis on GameStop-OnLive Fiasco

August 24, 2011 -

Wired's Game | Life taps into the legal expertise of attorney Mark Methenitis to determine if GameStop might face legal action for removing OnLive coupons from PC retail boxed copies of Deus Ex: Human Revolution.

Naturally there may be some unforeseen issues at play here that could affect whether Square Enix could sue the top games retailer - like if both companies have an existing agreement or contract that bars Square Enix from including deals from GameStop's direct competitors. That's doubtful considering that GameStop allows games that include Steamworks or the Steam Client on disc.  Steam is clearly a direct competitor to GameStop's Impulse digital distribution platform. Here's what Methenitis thinks about that:

"Existing contracts between GameStop and Square may have barred this kind of promotion, and so GameStop may actually be justified in their action if Square is in breach of some promotion/marketing agreement."

Methenitis also said that GameStop's actions related to OnLive probably did not violate consumers' rights, and even though consumers could sue the company for "deceptive trade practices or fraudulent advertising," they wouldn't have much of a case because the coupon wasn't advertised on the game's packaging.

Methenitis closes by saying that some of GameStop’s policies might have violated Federal Trade Commission policy. One in particular is an employee "rental plan" that lets employees rent brand new games. The problem is that these "rented titles" are brought back to the store and sold as "new" products for full price. This practice has been going on for several years and was the subject of a class action lawsuit against the company which inevitably failed.

Game|Life contacted the Federal Trade Commission for comment and got the following response:

"The FTC Act prohibits unfair and deceptive business practices," an FTC representative told Wired.com. "So if a company misrepresents that a product is new and doesn’t make adequate disclosures that it has been open or used, then that could be considered deceptive."

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Comments

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

so its perfectly legal for them to sell opened, altered, and possibly damaged products at full price?

or did he skip that part?

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

I guess as long as they are not altering known/advertised features, it is probably legal.

Though now I am wondering what kind of case would exist if GameStop had altered something deeper then a cupon... say, the game itself.. remove a few levels and require you to buy alternate versions from their content group.

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

Yes. It is perfectly legal. "New" does not necessarily constitute "sealed". And what the article doesn't mention is that Gamestop does not permit employees from checking out PC titles, due to DRM concerns.

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

What about DRM concerns on console games? Rarer (for now), but still there. See: Borderlands GotY edition.

 

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

If you were talking about the OLD version of the GOTY, then Gamestop employees simply don't use the code. The new versions of GOTY either have the DLC built into the game disc (PS3) or on a seperate disc (Xbox 360).

If you knew how crappy Gamestop treats all their employees that are below an ASM, you probably wouldn't complain about the check-out program. Here's a few fun facts to help.

Fun fact #1: The single most common question asked of any Gamestop employee is "Is (insert game name here) any good? Gamestop employees are obviously expected to own every single game ever released.

Fun fact #2: Despite popular opinion, Gamestop employees do NOT get to play games before their street date. The exception to this, obviously, are the stupid-ass managers who break street date simply because they think they can and that nobody will find out.

Fun fact #2.5: They always find out, sooner or later, and are subsequently fired.

Fun fact #3 (More of a suggestion): If you're really that concerned about getting a sealed copy of a game, then ask for one. If they don't have one, GO SOMEWHERE ELSE. I used to be one of those of the mind that a game is somehow tainted if someone else had played it before me. It wasn't until AFTER I had worked for Gamestop that I realized how much of a pretentious douchebag I was.

Fun fact #4 (As stated in the shoutbox): Many Gamestop stores have shrink wrap machines. If all it took to get you to shut up about it is shrink wrap the game before it's sold to you, you'd be none the wiser.

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

All the more reason not to buy new or used above 30$.


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TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
Neo_DrKefkaSo two GamerGate supporters received a knife and syringe in the mail today. The same GamerGate supporters who said how awful it was were seen in other tweets gathering lists and sending our similar threats or harassment to shut down the other side....10/25/2014 - 11:36am
NeenekoJust look at how interviews are handled. Media tends to pit someone who is at best a journalist, but usually entertainer, against an expert, and it is presented and percieved as if they are equals.10/25/2014 - 7:38am
Neeneko@MC - Focusing on perpetrator does nothing for prevention, the media and public lack the domain knowledge and event details to draw any useful conclusions. All we get are armchair risk experts.10/25/2014 - 7:36am
Neeneko@AE - no name or picture, I like it.10/25/2014 - 7:34am
PHX Corp@MW and AE The news media needs to stop promoting the Shooters. period10/25/2014 - 7:16am
Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
quiknkoldwell then I suck as a man cause I ask for help when necessary :P10/24/2014 - 10:07pm
 

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