Back in August, one Killzone: Shadow Fall player, named Douglas Ladore, filed to sue Sony for “ deceptive marketing ”. This accusation comes from the player’s belief that the Killzone game’s multiplayer in question does not run at the advertised resolution of 1080p. Ladore’s stance is that Sony’s claim of Killzone: Shadow Fall running in full high-definition in all aspects of the game is false and therefore misleading.
“Unfortunately, Sony’s marketing and on-box representations turned out to be nothing more than fiction, ” stated court documents viewed by Sky News at the time.
Several months later, the lawsuit against Sony has been approved to proceed. The US District Judge, Edward Chen, denied all but one of Sony’s arguments to dismiss the player’s lawsuit, saying that the company’s motion was ” premised on an unduly narrow reading of plaintiff’s complaint. ” However, this doesn’t mean that the player will walk away with compensation or with a sense of victory (if they’re entitled to any), it just means that the lawsuit itself can now proceed to trial.
” The substantial majority of the arguments Sony raises in its motion to dismiss can be rejected for two simple reasons–either Sony’s arguments ignore important factual allegations that are well pleaded in Ladore’s complaint, or Sony’s arguments require this court to construe the complaint in the light most favorable to Sony, rather than Ladore, who is entitled to the benefit of all reasonable inferences at this stage of the proceedings, ” Chen added.
The court did grant Sony’s dismissal of Ladore’s claim of negligent misrepresentation. According to the judge, the claim inadequately pleaded under the economic loss rule due to Ladore having not provided any assertion or evidence of harm from any non-economic losses branching from his purchase of Killzone: Shadow Fall .
In light of this, Ladore has been given 30 days to amend his initial complaint against Sony to include adequate evidence of non-economic harm, as the court has demanded that Ladore look for losses outside of his own purchase of the game. If he can find such evidence, he will be compensated accordingly.
You can read the court document in full via the source link below.
[ Source(s): United States District Court ]
[ Via: Game Informer / Courthouse News ]