Atari threatens to sue reviewer for Alone in the Dark review

[POOPERSCOOPER]

If they show a receipt then it will be all good but they probably won't because they feel like it violating their freedom because its germany and stuff.



Atari is being dumb but the website sounds like a bunch of fags too, very jasede like.

 

[Claw]

And unless 4players.de can show a receipt or provide testimony that they did not in fact review a pirated copy, then Atari has a case.

4players.de doesn't have to show or provide anything. Atari has to prove they actually, definitely used a pirated copy. Unless Atari is in the possession of such evidence, which your "logic" doesn't constitute, Atari has no case.

I can't believe you're this dumb.

 

[Brother None]

And unless 4players.de can show a receipt or provide testimony that they did not in fact review a pirated copy, then Atari has a case.

4players.de doesn't have to show or provide anything. Atari has to prove they actually, definitely used a pirated copy. Unless Atari is in the possession of such evidence, which your "logic" doesn't constitute, Atari has no case.

Not really, they have to show that any other ways of getting the game were unavailable to 4players.de. I don't think they can do that, but they can approximate it.

Don't forget, this is law dealing with software, it's a lot hazier than if they stole a car or something. However, you don't think Atari can claim damages have been done to (the value of) their goods and then ask for proof of legitimacy from 4players.de? I think they can, especially since it should be very easy for 4players.de to provide said evidence.

In fact, it's still kind of weird how they haven't

 

[Helton]

Yes, you see it is simple. All you have to do is say five. There's nothing to be ashamed of. No one is going to fault you for it. Just say five and all the pain will stop.

Now. What does two and two equal?

 

[Shannow]

Not really, they have to show that any other ways of getting the game were unavailable to 4players.de. I don't think they can do that, but they can approximate it.

Innocent until proven guilty still applies. As long as there is the possibility of aquiring the game without commiting a crime there is nothing more to prove. If there is a merchant that sold the game before official release they have nothing more to prove. They don't even need a receipt.

And how exactly could Atari sue in a UK court if it is a German site for German consumers? (EC law allows for a lot of bullshit so I'm really wondering if this is possible.)

On a side note: That chief editor's spelling needs some polishing. And Jasede, while "Ihr könnt uns mal" translates roughly to "fuck you" I'd say "bite me (us)" would have been a better translation^^

EDIt: "Ih könnt uns mal" is short for "Ihr könnt uns mal am Arsch lecken." So the best translation would be "Kiss our (shiny metal) asses".

 

[aries202]

As I see it, 4players.de has only committed one 'crime' and that is to launch their review of Alone in the Dark 5 before the official release date for the game. (if this indeed is a crime which I doubt?)

Atari can probably take the retailer top court for having broken the street date for when the game was supposed to be relased. If Atari went after all review sites that reviewed the game poorly, then I could maybe understand them. However, this is not the case. A Dutch site, gamer.bl. I think? gave the game a very bad score (4/10) while another Dutch site have the game score of 8/10, I think. Guess who Atari went after ---- the site that gave the game poor score...

What surprises me is that Atari doesn't seem to have learned anything from last year's Gamespot incident :

 

[RK47]

heh. innocent until your rating's below 7

 

[Brother None]

Innocent until proven guilty still applies. As long as there is the possibility of aquiring the game without commiting a crime there is nothing more to prove. If there is a merchant that sold the game before official release they have nothing more to prove. They don't even need a receipt.

Yes, pretty much. Depends on what court you land in, tho', and Atari's lawyer. "Innocent until proven guilty" is not actually a credo you can just holla and expect to work.

Also, I think you all are being pretty silly in forgetting the cardinal rule of Bored Lawyer Syndrome, so let me remind you: it doesn't matter if you can win a case, it matters if you can bring someone to court. Most gaming publications do not have the excess funds to survive a court case with an industry giant (even a floundering one like Atari). Hell, that's why the stress is on "enough to take it to court", not "enough to win the case".

And how exactly could Atari sue in a UK court if it is a German site for German consumers? (EC law allows for a lot of bullshit so I'm really wondering if this is possible.)

Because the product isn't German. Nor - for that matter - is Atari. Which I guess would make this a French case? Regardless, you really can roll around EC courts easily. Stupidly easily, in fact.

As I see it, 4players.de has only committed one 'crime' and that is to launch their review of Alone in the Dark 5 before the official release date for the game. (if this indeed is a crime which I doubt?)

That's not what they're being sued for.

Doing so would only constitute a breach of contract if you have a preview copy, which required you to publish your preview after street date. They don't.

 

[Kaiserin]

Atari is being silly, and the lawsuit won't get far. However, the article writer does everyone a disservice by comparing them to the mafia.

Now, if Atari threatened to break kneecaps over bad reviews; the comparison would be fair; but how frequently does the mafia threaten to sue people? Not often I think unless the modern mafia has changed....

http://42explore.com/figlang.htm

It's pretty easy to see why everybody 'thinks' you're so damned stupid.

 

[oldschool]

Sigged. :D

Also, fuck Atari and stuff...

 

[MetalCraze]

I can't believe even those whores at gamespot gave this shit 6.5 out of 10

the last thing on lamespot's bad things list about the game is especially bizarre:

* May encourage pyromania.

 

[Depressinator]

Nowadays I mostly read and ask opinions on forums before I buy games. But I also read reviews for opinions on the really important things like -- in example the case of AitD -- controls.

Forums work but you need to find one without fanboys (not as easy as it sounds) and wait a few months for the "OMG THE GRAPHICS!!!!" drug to die, or you can do what this blogger does and buy games a few years later from the bargain bin and then argue for a few hundred lines if it was really worth your 5 bucks

Or better yet, just read why they like a game when you read a review. Most every review I see has a preponderance of negative points once you cut out the hype, then they slap on a 90+ score at the end. It's baffling.

 

[Shannow]

FYI: Atari pulled back the allegations a while ago.