Legal Challenge For Black Ops Bugs

The rather unexpected Activision / Call of Duty news splurge continues with the announcement that Independent U.K. gaming pressure group GamersVoice are to report Activision to the Office of Fair Trading regarding what they describe as the ‘buggy and unfinished’ PlayStation 3 and PC versions of Black Ops.

GamersVoice issued an open letter to Activision which explains that they have been ‘inundated with complaints from people who have bought copies of Call of Duty: Black Ops.’ The letter asked Activision to reply within a month, they have not so the pressure group is proceeding with further action. Chris O’Regan, Head of Industry Relations at Gamers’ Voice, has said:

“As a result of their inaction we will test the might of government agencies against Activision. We can only hope this brings about some litigious action. These agencies do exist to protect our rights as consumers, let us see if they can fullfill their remit on this pressing issue.”

“GV wish to set an example with Activision to ensure games are not released in an unfinished state. If litigation is initiated, then a precedent would be set. In other words, publishers will have to reconsider releasing unfinished code in the future, in the UK at least.”

The full letter of complaint to Activision is below:

Dear Sir/Madam,

Gamers’ Voice is a consumer advice and lobbyist group that represents the video game consumer in the UK.  As part of our remit we are tasked to ensure that the purchasers of video games are given a fair hearing when they have a particular issue with a game they have bought.  It is for this reason we are contacting you now as we have been inundated with complaints from people who have bought copies of Call of Duty: Black Ops. They all concern the Playstation 3 console and PC versions of the game.

The complaints range from freezing when a new map is being loaded, locking up of PS3’s and PC’s while running the game, inability to log into multiplayer matches and connection drops mid game.  None of this apparently applies to the Xbox 360 version, which is clearly the lead platform for the title.

It is quite obvious that you have focussed a majority of your QA on the Xbox 360 version with the assumption that the majority of people who play the game will do so on that system.  Despite this, you have chosen to release it on multiple formats to maximise the revenue from sales of the game. By doing so evidence suggests that little attention was paid to the platforms with a smaller install base and hence a reduction in QA being employed for these versions.

It is now that your valuable customer base is bearing the brunt of this short sighted act of crass profiteering on your part, for that is exactly what this is. You have pushed out a game that is broken to the point of it not fulfilling its function as a piece of entertainment. Reading from the back of the game’s box, we quote:

“Epic single-player, acclaimed multiplayer and 4 player co-op Zombies”

What this tag line fails to have is the caveat that this only applies if you are playing the Xbox 360 version. None of this will be experienced by the purchaser of the PS3 and PC ports for they do not actually function as intended.

We therefore request that you offer by way of explanation to us why this has occurred and, more importantly, what are you going to do to recompense your customer base? You have one calendar month to respond to this letter. If no response is received or your retort fails to treat this issue with the gravity it deserves, we will be forced to take matters further.

Source: Gamersvoice / IncGamers

148 Comments

  1. “Take further action”

    HAHAHA

    What further action would this be! take it to note you’ve got to take on a company that produced this game that brought in $600 million dollars!!!

    what a bunch of idiots!

    Only works on 360 properly………. Figure it out you muppets!!

    Whiny ps3/pc users against activision/360

    Microsoft would love this!

    NEWS REPORT

    COD ONLY WORKS ON 360!! NEW COD IS 360 exclusive.

    congratulations

    • Big companies get taken to court all the time. They lose with exceeding regularity.

      For me, bugs in games can be overlooked if they are rare and not game-stopping/changing. However, it would appear that Black Ops is riddled with the bastards so a body/group has taken the initiative to contact Activision so something can be done about it. Consumers need a voice, don’t you think, fattyuk?

      • Completely agree, gamers don’t have anyone to stick up for them when things go wrong and are generally ignored, well done GV for standing up for us!

    • Comments like this give fanboys a bad name! :(

      • Fanboys DESERVE to have a badname. Their bullshit of favouring one platform over another is rubbish.

      • Consumers do need a voice.. It’s called watchdog.

        Online petitions, general whining doesnt go down very well in my book tbh.

        Ive owned Black ops since release day paid £60. Yes Ive had crashes, yes it’s froze…. But I don’t care that’s life! I’ve spent 98% of my time on this game has been fine, just because of a few dropped games Im not gonna come on the Internet whine sign petitions, write letters etcetc.

        I’m a mature adult who gets on with it.

      • Bigal what’s wrong with fanboys exactly? I thinks it’s great no ending banter between gamers. No different to supporting a football team.

        I support Liverpool and I’m ps3 fanboy.

        I like brown bread and hate white bread.

        so what?

      • fattyuk – we can’t rely on one consumer group. Especially when it’s busy dealing with consumer products from a wealth of other industries. Just because this problem doesn’t frustrate you or affect you enough to complain, doesn’t mean other people can’t voice their own opinions. GV have obviously taken the Black Op complains seriously because the number is suitably high for them to sit up and take notice.

        The letter has also been worded fairly well and highlights the problems found by many. I don’t think it’s whining but your subjective take on things will always differ from my own subjective take on things.

      • Fair enough that you don’t care if there are crashes and freezes, that’s just you. Personally though, I would expect any product I buy to work all of the time. I bought a beard-trimmer the other day. If that suddenly froze and stopped working mid-shave I’d look like a complete tosser through no fault of my own. If my TV randomly started flicking and not showing my images (i.e. fit for the purpose it has been advertised for) then I’d not be happy.

        I just don’t understand the mentality that “we should just put up with it”. Why are games developers and publishers on such a high pedestal that they should be completely absolved of any wrong doing when they release a product which is unfit for its purpose? Why also are they completely vitriolic in there responses to these claims also? The story about the guy who had the Activsion worker offer him a replacement game but seemed completely disgusted at having to do so, and then going to say that “they may just close the servers”.

        It’s pathetic and high-profile case like this would make companies think twice about releasing a broken product (I’m looking at you Fallout).

      • Fattyuk – when, like me, you’re training to be a games developer and you see people trying to favour one platform of a game over another just because of brand loyalty, I get seriously pissed off, as it gives the impression the dev’s work on the other platform was a waste of time.

      • OK yes you’re both right.

        But I’m quite a realist.

        what is genuinely going to be the outcome of this letter? Or all the online complaining? REALISTICALLY please explain

      • I disagree with that, I admit i may be a fanboy but seriously? How do you know that could be written from a common 360 gamer.

    • Bigal, considering you’re the one training to be a game developer.

      ” I get seriously p**sed off, as it gives the impression the dev’s work on the other platform was a waste of time.”

      what you on about? lol

      I’m a PS3 fanboy, I don’t like the XBOX. What’s wrong with that? Again it comes to the supporting a football team. I support Liverpool, but I’m never gonna disagree with what Alex ferguson has done for man utd!

      Both consoles have exclusives.

      I Loved Red Dead redemption on my PS3, does that mean I’m not gonna show appreciation if you like towards rockstar just because I haven’t bought and played it on the xbox!?

      • Football and gaming are two completely seperate entities. Fans support their club because it usually a club they can relate and most of the banter is usually all in good fun. Games, particularly games consoles, are just products made buy a company. As for the part of my comment you pointed out, perhaps I didn’t make myself clear. When you’ve put two years into a project on one platform and you get fanboys, particular the fanboys who’re always knocking a platform that’s not made by a particular brand, you just think the work you put in to make sure all platforms were treated equally and no one was left out in the process,the last thing you want is people trying to make you think you might as well not bothered.

      • “When you’ve put two years into a project on one platform and you get fanboys, particular the fanboys who’re always knocking a platform that’s not made by a particular brand, you just think the work you put in to make sure all platforms were treated equally and no one was left out in the process,the last thing you want is people trying to make you think you might as well not bothered”

        So you’re upset because you feel not everybody appreciates you’re work?

        guess what mate…. That’s life!

      • I Have A PS3
        I support liverpool

        I’m not a fanboy over any of those, I respect other peoples opinion becuase everybody is different, what BigAl and the rest are trying to say is that they care about The Black Ops bugs. It’s fine if you don’t, it’s your opinion, but to us its immorrally wrong, not just complacency by Treyarch + Acti.

        I find it outrageous that Activision think they can release a poor quaity game, still expecting to earn billions of dollars from it.
        No wonder the core of Infinity Ward jumped ship.

      • fattyuk, why do you keep comparing being a PS3 fanboy to being a Liverpool supporter. Supporter and fanboy are different things. I could be a PS3 supporter and a Liverpool fanboy so to speak. A supporter supports his console/team but doesn’t flat out hate the others. A fanboy does, usually without any reasoning behind it.

  2. In all honesty, I don’t have much of a problem with Black Ops. It’s not the best game ever made but it sure is a hell of a lot of fun. These issues aren’t as common for me as some people seem to think they are.

    My connection to the EA Servers on FIFA is always an awful lot worse, but not to the extent where I would make a complaint because… well I don’t know why but it’s never bothered me enough.

    I just sign back in and get on with it, as do most people.

    • They shouldn’t have to…that’s the point

      • Man the f*** up springs into mind!

      • “Man-up”. The only response to sensible point. Sums up the mind-set of the consumer these days really.
        So long as people keep putting up with these things, no matter how small, the companies will continue to keep pushing and pushing. Give an inch and they’ll take a mile. We’ll get to the point where games are coming out half completed because people don’t care.

      • Don’t like it, Don’t buy it!

        Simple.

        Example.

        2 Pubs, 1 Sells nice beer, 1 Sells horrible beer.

        You’re the consumer you spend the money! If you wanna go in the same horrible pub every day and spend you’re money then moan about it… Go ahead,

        I’ll go in there once, realise it’s cr!p then go and spend my money in the nice pub.

      • That’s not how it works though is it? The games industry seems to operate in a completely different world from all other business. They can have a crap business model, sell a crap product but it won’t make a difference because people will buy it. If a pub sells crap beer how long do you think they’d stay in business? Or operate in a profit? That applies to both the pub and the beer company. The difference with games is, there’s a lot of people who buy them (especially with titles like CoD) who don’t know anything about the industry or the products. They just take that what happens in these games as standard and don’t see a problem with it. With people like GV taking a stand publically there hoping to change that mentality and force companies to realise that people won’t put up with it anymore.

      • no not really, how many crap games have been released and completely flopped because they where cr!p ?

        No one forces anybody to buy anything!

        If you’re not happy, sell it and find something you do like!

        ” Just bought a Peugeot 206 it’s completely crap, instead of selling it and buying something I like I’m gonna moan about being a consumer and what I want, rather than going and buying something that suits me”

        that’s what’s I mean by man up, don’t like it then f*** off and stop you’re whining like a little kid who isn’t allowed sweets before school.

      • There’s a difference between crap (quality not good enough) and broken (you can’t use the product for it’s intended purpose). CoD is broken therefore everyone is within their right to formally complain.

      • Maybe I didn’t make the distinction clearer earlier. Apologies for that.

      • Yeah Mayes its full of scrap.

        anyway I’m off to errrmmm play cod and and enjoy what I bought.

        good night and enjoy ya moaning.

        Mwah x

      • I’d join you if I hadn’t already traded it in for Brotherhood ;)

      • Oh and that’s only because it’s broken. It’s because I really wanted AC:B. I had no problems with CoD online or off.

      • And there’s the cherry on the cake!!

        you don’t even own the game but are still complaining.

        Tw,t

      • Sorry should have read, “Only because I really wanted AC:B, not because it’s broken”.

      • Name-calling now? Excellent. You clearly miss the point of an objective argument. I could easily be making the same claims about Fallout 3, which was buggy as hell but I loved it. As I said, I enjoyed CoD:BO too.

        You’re only kicking up a fuss because in your eyes people are only making such a noise about it because “it’s cool to knock Activision”. It’s pretty obvious by the lack of substance to your arguments and attempts at getting a rise out of people.

      • @Fatty calling Members names is unacceptable here on TSA

        Also it is their right as a customer to complain. COD is broken from what i have heard and Acti have done sod all to fix it. At least with Fallout 3& new vegas they tried to fix the bugs that were caused by a unstable engine. So what you are saying it is acceptable to push out a broken game on two platforms. If we the customers don’t do anything then we will end up games that are half complete and will have to pay for patches. Please don’t resort to calling people names as that makes you look like an idiot and it breaks TSA’s number 1 rule. man that was a bit longer then i thought it would be.

      • Fattyuk
        Grow up, Jonny has been subject to your hollow arguements but was polite throughout, then you insult him?
        please, TSA is a site for good, mature people.

        We can complain because The game was sold under the pretences that it was a continuum of the previous games, except a fresh take on it, etc…
        We got a lower resolution, lower framerate, less multiplayer maps, equal campaign(although many people weren’t awarded trophies correctly), More lag than any other cod game( although were talking milisconds here)

        Ihave to put the next bit in Caps just to get the message across:
        AND THEY EXPECT US TO PAY £10.99 FOR A MAP PACK, OF WHICH THE MAPS WERE MADE BEFORE BLACK OPS WAS RELEASED!!!

      • @Fatty
        Please be a responsible member and don’t insult people. Your argument was interesting but as soon as insults come into it you negate your position.

        I can see what you’re saying about ‘the pub’ analogy, and as I stated in an earlier post:

        “I’ll be expressing my dissatisfaction by putting my foot down and refuse to buy future COD games (might rent them tho :P )”

        which agrees with your comment that ‘if you don’t like it then don’t buy it.’ BUT I don’t understand why ‘you’ (I’m assuming a Gamer) would be against complaints on behalf of consumer interests. This only serves to make the industry fairer and more transparent which is good for everyone (Gamer that is), whether they have a good experience with COD or not.

        You can whine about whiners all you want mate, but that’s not gona make gaming better for you or the community. Kindof shooting yourself in the foot with that kind of logic.

      • @fattyuk For someone who said they were mature not a few comments ago, you’re doing an awful job showing it.

    • If it’s broke, sell it lol that’s what flea bay is for.

      • Is it? I thought eBay was an auction site, not a scrapheap.

      • Haha yeah lets buy a broken product so we can sell it again at an auction site. I love spending money

  3. Call of duty is bankable annual gush, it would be a great help to consumerss if Activision were a little more active in improving their vision

    • COD has gone down the pan for all I care. MW2 turned out to be utter bullshit on both a technical and storytelling level, and Blops, although a significant improvement, isn’t going to cut it anymore. It’s like MOH when EA were the pantomine villians.

  4. Next target: Ubisoft.

  5. The problem with this story is that all the well-made points about the product not doing what it should and the rights of the consumer get lost in amongst the bullshit about how people hate Activision and Bobby, and how the CoD games are shit now, blah, blah, blah. These points have nothing to do with it along the lines of an attack on Activision but the popularity of the games has gone to highlight the problems on a much larger scales.

    • OK fair play.

      So in all honestly.

      6 months time from all this what do you think this legal challenge letter would of accomplished

      • it depends if the OFT think there’s a case against activision for knowingly selling a defective product.

    • Probably very little in terms of how it effects the company and its future games. Will it stop buggy games from coming out? No. What it will do is highlight it a way so that the consumer knows that they no longer have to put up with it. That what they see in games like CoD and Fallout shouldn’t have to be the norm. Half the people who play CoD don’t know any better. It’ll be the only game they buy so they don’t know whether or not what’s happening is reasonable. Fair enough, they won’t probably hear this news unless it gets into the papers but if they do and start to realise that they’ve been given the short end of the straw then the industry can start to make bigger strides into eradicating this.

      The point is, you need to start somewhere. There’s nothing to be achieved by turning a blind eye to it all.

      • So all this moaning will result in sod all.

        Nuff said

        Xx

        Ps. You and the other few hundred people on the Internet can start, while the xx amount of millions around the world get on and enjoy what they bought, or sell it on if they didn’t like it

  6. Total quality!

  7. The bugs are awful.
    I host alot which manages to crash my PS3 mid game, which never used to happen on MW2.
    The PS3 version only recently got the ‘load to multiplayer default’ option which Xbox had from launch.
    My party always gets disbanded.
    My wired connection intermittently appears as a closed NAT, and wont join any good games.
    Connection errors are a regular occurence.
    I have just given up playing it and so have my mates.

  8. Finally!
    Someone is actually doing something about Treyarch’s biased coding!

    • I’d say it’s more the engine is more optimzed on 360 than it is on ps3, due to it’s more complex architecture.

      • Hmmm yes I’d certainly agree with that.

      • Well then why is it crap on PC too? afterall the xbox is basicly just a stripped out, low-end gaming PC.

      • The 360’s architecture is similar to the PC, but it isn’t the exact same. Also, we don’t know how long the PC build was in QA.

    • I think that might be the case. I think Acti looked at what version of MW2 sold the most and focused all they efforts on that platform and did a crap job with the other two. It is really sad when one of the so called “biggest games of the year” ends up being playable on 1 platform instead of all 3.And i had hope we would be saying goodbye to half arsed ports.:(

  9. I’d have to say bravo to this action. I know some people may find it pointless and irritating but companies shouldn’t be allowed to continue releasing substandard products. If a batch of t-shirts was sold that fell apart when they were wet they would be recalled and customers reimbursed. It’s the same principle. If you’re parting with £30-45 of your hard earned cash, what you buy should bloody work properly. What’s more it should work just as well as any other counterpart out there. Just because companies now how the chance to fix things post-release via firmware does not mean customers should be subjected to weeks or months of a substandard product before it’s fixed, or that companies should be allowed to release things in that state and rely on this situation to fix things. One or two bugs, that’s fine. But come on, look at the monster of the list Bethesda released for Fallout: New Vegas, I mean what they hell actually worked in that game. This is a situation that does indeed need to be nipped in the bud!

  10. I agree with this action, and while it may prove to be fruitless, it is definitely a worthwhile chase.

    I’m used to games needing patches having been a PC gamer all my life. Consoles though, I remember them having bugs yes, but not ones that caused the level of annoyance that are regular occurances today.

    Maybe it’s because the process is more complicated now and games certainly have a lot more going on behind-the-scenes, but the polar opposite levels of support when you compare the likes of Black Ops to your average Valve game is ridiculous. A valve game gets a patch every other week 3 years after release to fix issues that a minute percentage of the playerbase have encountered, and even some that are undiscovered.

    It’s unfortunate, but there is a clear divide between those games that have bugs that are genuine mistakes and are to be rectified, and those game devs/pubs that simply don’t seem to care as much.

    There-in lies the issue; differenciating between a dev that cares and one that doesn’t, or isn’t being allowed to care and fix the issues by the publisher.

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