Judge States Killzone: Shadow Fall Lawsuit Regarding 1080p Claims May Proceed

In the State of California an individual named Douglas Ladore filed a class action lawsuit against Sony, stating that the company had misinformed the public using PR and images saying that Killzone Shadow Fall would have full 1080p , which I’m pretty sure it does. Anyway Mr Ladore claims the game has failed to reach those standards, especially in the game’s multiplayer portion of the game, where he states that:

“Gamers quickly noticed and complained that Killzone’s multiplayer graphics were blurry to the point of distraction.”

Sony of course tried to have this suit thrown out but the ruling Judge Edward Chen dismissed this notion as he believed Sony had not taken in to account all of Mr Ladore’s claims and were cherry picking instead.  Here’s his statement.


“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.”

Now this could go a couple of ways as the lawsuit proceeds. It either gets thrown out higher up the legal chain or Sony ends up paying for false promises, something I’m not sure was done. It’s even more weird considering the suit wasn’t filed until August of this year, nine months after Shadow Fall’s release. You’d think in that time others would have come forward instantly to demand action from Sony. However, if the lawsuit is successful then maybe it will have a positive effect overall.

Just look at the games that release broken and require day one patches. Assassin’s Creed Unity was supposed to release at 900p with 30fps, but we’ve all seen the footage where the game fails to hit that framerate. I haven’t seen a lawsuit rise against Ubisoft but precedent could be set, forcing developers to absolutely make sure their games are properly functioning before they hit the shelves. No doubt game developers will be keeping an eye on the case, because if it goes through what’s to stop others from filing lawsuits. It’d be nice if a game working properly before being released was standard, instead of having to be patched after people have bought them.

This will be a very interesting case to follow.

Source: GamePolitics via GAF



  1. Judge Chen… Sony are screwed. Ridiculous case tbh.

  2. So he claims it’s not 1080p, when it is, and it’s “blurry”, when it’s not, and he wants some money? Possibly for new glasses and some brain medicine, because he’s obviously a bit special.

    The only possible outcome here is that some lawyers relieve someone of some money, and some totally random decision appears when those same lawyers confuse a judge and/or jury with lots of things that have very little relation to reality or actual technical facts. Ridiculously large numbers may also be involved at some point. They usually are. (An incident years ago that I thankfully wasn’t explicitly named in kind of makes me go all sweary when I hear about US legal shenanigans)

    • I wouldn’t want to jump to presumptions, only a morsel of the specific information from the case is in this article. Also if ‘new glasses’ and ‘brain medicine’ were true, you would be truly fucked for saying that. It’s bad enough you use the term ‘special’.

  3. Did anyone tell him you have to have a modern tv actually capable of 1080p,not the old crt set he has is MegaDrive hooked upto.But seriously whats next! people will go to court for anything.

  4. It is 1080p. Native 1080p is however you define native.

    There is no upscale, but the 1080p frame is constructed using 50% of the last frame’s data. Quite a clever way to achieve the gold standard 1080p image whilst not paying in memory bandwidth.

    As for the blur, it is present. It’s easiest to notice on ‘The Park’ map when you look at the digital in game screens. For example the rectangle blue one when you spawn as ISA. Nothing significantly distracting.

  5. Is this really what gaming has come to? What a sad state of affairs!

    I could understand if it were Ubisoft. Releasing games in the state Unity was in was a very poor show. I could even understand if the game in question was Driveclub as we all know what happened there… But launching a case against Sony because of an alleged discrepancy on resolution and some minor graphical glitches that largely go unnoticed?! Good God. I really do despair.

  6. Didn’t Sony patch this game to give some options with framerates and resolution.

    • There’s an optional framerate lock at 30FPS (but only for campaign me thinks). Nothing for resolution.

  7. I’m not really sure where I sit with this. If (a big if) Sony claimed something that wasn’t true, then perhaps they should be punished – perhaps it doesn’t help that we do get broken games released. BUT, this guy seems like a dick. There really are more important things to concern yourself with, and if you are going to concern yourself, do it against someone more deserving – Killzone is a stunning looking game and has always seemed to work for me, but pretty much anything from Ubisoft (AC Liberation, AC Unity, The Crew, initial FC4 servers), or Dead Island 1/2 were as glitch as fuck.

  8. I don’t think it will have that big an impact to be honest. Instead of developers making claims about it being 1080p or 30fps etc they would just drop this from their advertising to cover themselves if those claims were not met.

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