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Society & Culture
Virtual Legality Episode 57

Did Ubisoft Deceptively Advertise The Division 2? A Lawyer's View

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2y May 15, 2019
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When Ubisoft announced the long awaited release of "raid" level content for its hit game The Division 2 this week, it did so with one major caveat: the game would not support matchmaking for this new content.

While concerning enough for those interested in matchmaking, the issue is more than simply one of disappointment, as Ubisoft had solicited sales for the game by releasing marketing materials which made it clear that the game would support matchmaking "for all activities and at all difficulties".

Is Ubisoft's claim that The Division 2 would support matchmaking "deceptive advertising" as that term is understood by the Federal Trade Commission (FTC)?

How likely is it that purchasers of the game could bring a claim against Ubisoft, and what could they get if they succeed?

And, at bare minimum, when will live service providers realize that roadmaps and express promises of future content/functionality just simply aren't a good idea given normal developmental challenges?

Don't be deceived, it's time for Virtual Legality.

CORRECTION: The second site (Division Zone) referred to by me in this video as an official Ubisoft source, is, in fact, an unofficial site which collected and commented on officially released information. As such, my comments regarding Ubisoft being responsible for taking down or altering such site do not apply. That said, the information discussed on such site (like the information discussed by Kotaku) was officially released by Ubisoft, and its presence on such site goes to how effective Ubisoft was at disseminating this information to the base of fans who might otherwise purchase The Division 2. All other portions of my commentary remain applicable, and I apologize for the error.

#Division2 #DeceptiveAdvertising #VirtualLegality


Discussed in this episode:

"The Division 2's First Raid Won't Have Matchmaking, Even Though Ubisoft Implied It Would"
Kotaku - May 15, 2019 - Stephen Totilo
(https://kotaku.com/the-division-2s-first-raid-wont-have-matchmaking-even-1834784141)

"The Division 2’s Improved Online Experience and Anti-Cheat Measures"
"Division Zone" - February 16, 2019
(https://division.zone/2019/02/16/the-division-2s-improved-online-experience-and-anti-cheat-measures/)

"Advertising FAQ's: A Guide for Small Business"
Federal Trade Commission
(https://www.ftc.gov/tips-advice/business-center/guidance/advertising-faqs-guide-small-business)


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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