|
|
7/26/08 11:44 PM
|
|
Viewed 2134, Replies 123
|
|
Originally posted by zymurgeist Actually if a fraud charge can be "proven" people "may" go to jail would be more accurate. To prove this allegation, one needs to demonstrate intent to knowingly mislead consumers for the purpose of damaging them financially. Two bars exist here that make prosecution challenging. Number one is the proof of financial damage. SOE provided refunds for the expansion that they seemed to badly misrepresent in the two dev chats leading up to its release. This addressed the most obvious financial damage that was done to consumers. At the time, people were in contact with their state attorney general regarding this issue. I expect that this was a factor that led to the massive refunds. Some people that requested a subscription refund, and copied their attorney general, again on the basis of fraud complaints, say that they even received months worth of time refunded to them. I think a case still exists for damage in that many people who bought time on the basis of the misleading dev chats still haven't been refunded. This leads to the second criterion for prosecution though, proof of intent. What's publicly known is that SOE was marketting profession revamps and features in an expansion while they were secretly developing the NGE. The NGE would delete these very professions and make all related features in the expansion useless. We also know that SOE staff were aware of the NGE plans before the public was, and that some requested transfers because of ethical concerns. We know that Jeff Freeman felt the marketting at the time of the NGE was dishonest, and he said he felt very badly about that. All of this certainly points to intent. Is this evidence conclusive though? I'm really not sure. I'd like to think so, but "proof" in a legal forum can get very technical. In other cases what's been needed are things like insider testimony and/or documents that clearly prove malicious intent (e.g. pintos, tobacco etc.) Authorities may still be investigating this situation regarding both issues: material damage and intent. They may be looking for the "smoking memo" so to speak. They may also subpoena current or former SOE/LEC employees to explore the issue of intent. The statute of limitations hasn't run out on the NGE yet. The authorities may also have concluded that the expansion refunds and natural consequences associated with the NGE are punishment enough to deter similar action in the future. I've been in law enforcment myself, when I was a younger man, and I know that decisions regarding how to use resources like this get made every day. I'm quite sure though that the FTC is taking a look at the ethics of MMO companies. How do I know this? 'Cause they told me :) P.S. If SOE invested as much into excellent service as they do into legal consultation and viral marketting, we probably wouldn't be having this discussion in the first place. Better for customers, better for SOE. I really don't think the people calling the shots embrace this philosophy though--more's the pity, for everyone. |
|
|
|
7/26/08 11:22 PM
|
|
Viewed 2134, Replies 123
|
|
Originally posted by Suvroc I have a copy of the article that discussed this when it became legislation...somewhere lol :) Let me try to recall: There was research done regarding viral marketting with regard to certain products. The research findings indicated that marketters intentionally misrepresented themselves for the purpose of gaining consumers' trust. Having gained this trust by deceptive means, they would then recommend a particular product or service. People felt duped by this and thought it should be illegal (akin to fraud), and the FTC agreed. This lead to legislative action ^_^. Go FTC, I love those people. |
|
|
|
7/26/08 11:12 PM
|
|
Viewed 2134, Replies 123
|
|
Originally posted by Gishgeron
But there really isn't. You see, powerleveling, gold selling....these are problems brought to us (the consumer, and fan) by outside parties that operate AGAINST the company. The company isn't trying to treat us bad, someone else is just trying to profit off them in a negative way. In THIS situation...the negative element is being brought to us directly by the company itself. It is an immediate blanket of lies and lack of personal faith in their work. Viral Marketing is essentially selling a lie to your fan, and spitting in his face in regard to his own right to hear a fair testimony. This discussion is centered primarily on viral marketing. It does not delve into those other topics, because they hold no bearing on this one. They are outside influences, this is an inside one. We need not discuss every sin in the bible just to discuss the sin of lust. Its perfectly fine to simply discuss lust. Equally, it is fine to simply discuss viral marketing. It does not matter what other issues there are...you can start a thread and discuss those. The existence of other issues does not weaken or invalidate the seriousness of THIS one, however. Very well said :) |
|
|
|
7/26/08 11:08 PM
|
|
Viewed 2134, Replies 123
|
|
Originally posted by Rhoklaw
Saying everyone else does it, and that this thread itself is also possibly suspect seems like another kind of rationalization for viral marketting, which you again seem to be defending, if it's done by SOE. There's a name for this specific kind of rationalizing too, if you're interested; it's called projection. If you want to read up on it, you can do that in the following link. Just an option mind you; it's really your call: You also asked how Blizzard is nice to people in one of your posts. Here's a link that compares their customer service to SOE's: http://www.mmorpg.com/discussion2.cfm/thread/190067 I've played 3 MMO's (well 4 if you consider CoH and CoV two games). In the thread I just copied here, I compare my experience in all 3, as an actual consumer. You say also that Blizzard doesn't have to resort to viral marketting because they're sitting on a cash cow. I would argue that no one "has to" resort to viral marketting. If you have a good product, and if you treat people with respect, your service will sell itself. You just honestly need to let people know of its existence. You certainly don't need to con people into giving you their money. If Blizzard has a "cash cow" it's because they took the time to build it right, and to deal with their customers honestly and respectfully. This has paid off for them. SOE appears to have invested in viral marketting instead of excellence in quality and customer service. Blizzard has been understandably successful; SOE has not. The execs at SOE seem to be the only ones who don't understand how this works. Well maybe them and their lawyers, and their viral marketters. |
|
|
|
7/26/08 1:05 AM
|
|
Viewed 2134, Replies 123
|
|
Originally posted by Rhoklaw
I'm sure you believe that, and I bet Smed does too. Ironically, one of the things that makes WoW so successful is how "nice" they are to their customers. |
|
|
|
7/26/08 1:02 AM
|
|
Viewed 2134, Replies 123
|
|
Originally posted by Rhoklaw Ah the old "other people are committing worse crimes, so this one should be overlooked defense." There's a name for this actually: http://en.wikipedia.org/wiki/Rationalization_%28psychology%29 Why are you defending viral marketting anyways? |
|
|
|
7/26/08 12:53 AM
|
|
Viewed 2142, Replies 72
|
|
Originally posted by BushMonkey
But other than all that it was Starwarsy and Iconic right? Lol, good one. /return salute. Of the many things I enjoy about this forum, one is that I can still interact with the excellent community of people that I used to play SWG with :) |
|
|
|
7/26/08 12:47 AM
|
|
Viewed 3015, Replies 138
|
|
Originally posted by Fishermage
Agreed, as much as I hated many of the bugs and issues, and the poor customer service response to those, I found being misled to be the most irksome experience in SWG. |
|
|
|
7/26/08 12:42 AM
|
|
Viewed 866, Replies 32
|
|
|
/tiphat to Jestor :) I love the way you've chosen to speak out about something close to your heart. I also just enjoy your shows lol. Thanks for the fun and for promoting consumer rights in your own unique and entertaining way. |
|
|
|
7/26/08 12:34 AM
|
|
Viewed 3015, Replies 138
|
|
Originally posted by Fishermage
Wow great link Fisher. I created a thread to discuss viral marketting. Ironically this has come about via our debate with a mutual acquaintance lol. Now I really am suspicious 0_o. Btw, have you noticed that the trend of KOTOR is going to suck and you vets have nothing to be happy about posts has abated since the pattern was highlighted? |
|
|
|
7/26/08 12:29 AM
|
|
Viewed 2134, Replies 123
|
|
|
Do employees of software companies really pose as fans in an attempt to deceptively market their products? Well a link from a friend in another thread led me to this interesting and illuminating article: "UPDATE 14/12/06: Sony of America have admitted that the ploy was indeed their idea and have released this statement:
They've also removed comments from the site. And the video from YouTube. The least they could do is leave it up there so others could learn from their mistakes. Gamers across Web 2.0 are shaking angry fists at the latest alleged viral marketing campaign orchestrated by Sony. Piggybacking the YouTube bonanza, the company has hired "consumer activation" firm Zipatoni to create a false video-and-blogging approach to generate interest in their flagging PlayStation Portable handheld machine. The video/blog/ads featured people portending to be authentic PSP fans creating messages of love/want for the console, but were quickly uncovered by SomethingAwful.com's dedicated base as superficial facades shielding mouthpieces for the corporation. In the past, Sony's award-winning PlayStation brand ads were celebrated for their creativity and innovation. Their recent campaigns, including an ill-advised series of graffiti art, suggests that they are having difficulty getting a handle on the bottom-up, community driven opportunities made possible with social software. As I (and others more qualified than I) have commented before (under a different guise), big business must tread carefully if it wishes to employ "yoof" tactics to generate interest in its brands. Blogs and other social software rely upon the trust of the reader, which is why links, references and disclaimers feature on many (not all) posts. Transparency is key in the modern advertising-savvy marketplace. Bad fakes can be spotted a mile away, and good fakes often get found out with a fanfare of negativity. As an aside, I'm very curious how the YouTube-viewing public will respond to lonelygirl_15 when she makes her first above-the-board debut. Unfortunately this latest attempt to integrate with the MySpace generation on their own terms marks another instance in Sony's recent PSP campaigns which consumers claim is undermining their trust. The most important currency online is trust. rhino86, a SomethingAwful commenter, sums it up succinctly:
Interactive advertising is so much more than throwing a few irritating pop us in front of content or putting placeholders in the latest software du jour. It needs to start from the community, perhaps - if needs must - sparked by a few good ideas. Why can't they stick to bus stops covered in bubble wrap?" So, it would seem | |