• Whirlybird@aussie.zone
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    1 year ago

    That’s not how it works. Someone else reviewing your product isn’t advertising by you.

    • sivalente@lemm.ee
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      1 year ago

      Providing a deceitful product for your reviewers before publication is kinda exactly that.

    • Hadriscus@lemm.ee
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      1 year ago

      The point is, the reviews represent a game that's not the one being sold. Additionally, it's reasonable to believe this was done on purpose. This should be simple to understand ?

      • Whirlybird@aussie.zone
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        1 year ago

        You know what’s simple to understand? False advertising. They’re not advertising the game as “no Denuvo!!” and then putting in denuvo. A completely independent company doing a review isn’t the publisher doing advertising.

        • Bronzie@sh.itjust.works
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          1 year ago

          Of course it is.
          Them sending a copy of a game in the hopes the media outlet will write a favourable review is marketing 101.
          It's practically free marketing, so it's the best kind even.

          If the review came after launch from a purchased copy, then your argument would have had a leg to stand on mate.

          • Whirlybird@aussie.zone
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            1 year ago

            False Advertising has a definition, and that ain't it. Someone else doing "free advertising" for them isn't false advertising by them.

            This isn't rocket science. They're not doing any advertising saying it has no denuvo.

            • Bronzie@sh.itjust.works
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              1 year ago

              By your logic, if I release a drug not mentioning it will kill you while knowing it will, I am not guilty of false advertisement even if I send it out for free knowing this will be published.
              Murder sure, but not false advertisement.

              If a game is being sent out without a performance limiting software with a clear plan of introducing this for the retail version, I would argue it follows the actual definition.

              Quote: «the crime or tort of publishing, broadcasting, or otherwise publicly distributing an advertisement that contains an untrue, misleading, or deceptive representation or statement which was made knowingly or recklessly and with the intent to promote the sale of property, goods, or services to the public».

              It’s deceptive. There is no arguing it. You seem like a bright dude arguing a moot point in to deep to accept being wrong.

              • Whirlybird@aussie.zone
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                1 year ago

                I’m not wrong though, which is why I won’t accept it. They didn’t publish an advertisement. End of story. It’s shady as shit, but it’s not false advertising because they didn’t advertise anything here, let alone “no denuvo!”.

                • Bronzie@sh.itjust.works
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                  1 year ago

                  Then I suggest you stop talking about rocket science until you gain the ability to see the world in a bit more of a nuance mate.

                  Have a great weekend!

                  • Whirlybird@aussie.zone
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                    1 year ago

                    By “more nuance” you mean “ignore meanings of words and terms”, right?

                    If you didn’t advertise something you didn’t do false advertising.

    • Riskable@programming.dev
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      1 year ago

      Actually this guy is correct: What Ubisoft is doing here isn't false advertising, it's fraud.

      False advertising is a very specific thing: You say something that isn't true in an ad or as part of your product's packaging. Like saying your product has a USB C port when in reality it has a Micro USB port and comes with an adapter. Companies that pull stunts like that rarely have legal consequences but technically it is against the law (why there's not usually legal consequences is because most retailers will refund a product within 30 days without any penalty to the consumer).

      Ubisoft is giving reviewers a different product than what they're planning on giving to consumers. It's like going to a car dealership, test driving a car, ordering that model, then when it finally arrives it's a completely different car (e.g. smaller engine, different/weaker/flawed parts, etc). Case law is filled to the brim with scams like this. It's one of the oldest and most widely-repeated types of fraud that's ever existed: Bait and switch.