Class Action Suit Filed Against Sony for Killzone: Shadow Fall Resolution
California resident Douglas Lador has filed a motion against Sony Entertainment for how they advertised Killzone: Shadow Fall as having "native 1080p" in multiplayer mode. He first filed in August:
The complaint pleads seven causes of action, including three alleged statutory violations:
(1) the California Legal Remedies Act;4
(2) the California Unfair Competition Law; and
(3) the California False Advertising Law.
Ladore’s remaining claims allege the following common law violations:
(4) breach of express warranties;
(5) fraud in the inducement;
(6) negligent misrepresentation; and
(7) unjust enrichment.
In October Sony requested a dismissal, which Lador opposed in November, before Sony's second request for dismissal at the start of December.
Sony have tried to dismiss this on the following grounds:
- The icon on the box stating 1080p HD resolution just means the game displays in 1080p resolution - which should then apply to all PS4 titles, as the console does the upscaling, not the game itself.
- This is all covered in the Terms of Service (ToS) - which courts in California pay no attention to.
- Ladore didn't file a single piece of paperwork - Sony are ignoring that themselves however, as it's now filed.
- Killzone: Shadow Fall is "Not a good" - Sega also tried that when in court for Aliens: Colonial Marines. It may be a 'delivery device' for an 'intangible product' - but that doesn't stop your book being a good, just because it delivers information.
It states in the report that some of them are incorrect and others would require looking in Sony's favour (which is not allowed this early in proceedings).
The final one, however, does have "some merit":
- Ladore is claiming for the wrong thing - As the claim is against the performance of the game, not the purchase of the goods, then under precedent he is not out any money and cannot claim it back. Put simply - if it was mouldy bread, he could get his £1 back from Tesco. If it was how the bread toasted, he couldn't get any money.
So Ladore has 30 days as of 16th December to file an amended complaint, framing his damages in a "non-economic" way. If he can do this, then Judge Chen is happy for this to proceed.
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