Nice in theory but in practice not so much. I'm working as a Marketing Communications Coordinator's Assistant at the moment and basically the rule is 'if we can get away with it being the literal truth, print it because no one is going to win a case on the 'implicit falsehood' rule.' Yeah, I actually had to go over the rules for deception in advertising before I was allowed to start my job, and my boss was full of helpful suggestions.Asita said:Eh, that they got perect scores actually says to me that the reviewers didn't get to the ending(Wouldn't be surprising, at least, given the length of games and the pressure to get reviews out ASAP, especially among the early reviews from which many of those scores derive. It seems most likely that they made an educated guess after a certain point, which fits the generally observed reaction of the fanbase (the vast majority of both those for and those against the "Retake" movement has been that the game was great up until the last few minutes), as points are often docked for far less. I'm not saying I'd expect the review to bomb because of it, but I would expect reivewers to account for it.MelasZepheos said:snip.
Correction: Literally true, the spirit of the statement is false though, as it has been transplanted into a context that tells a very different story than the original context. It's quote-mining at its finest. Amusingly, it also might have provided the strongest case for false-advertising in the process due to the implicit statement of the ad. To-wit:MelasZepheos said:snip.
To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.
Source
For example. If you go into the staff cafeteria and there are ten people in it, and you ask them 'do you like hob nobs?' and 8 of them answer 'yes' run an ad saying '80% of people surveyed said they preferred hob nobs.' On the offchance someone does try to take you up on it, you are defending a case of literal verifiable truth, whereas they are trying to make a case from conjecture and circumstance.
What the little legal dictionary quote up there fails to mention is that when you accuse, the burden of proof is on you, which means that you have to provide enough evidence that a client was 'injured' directly as a result of your advertisement.
The argument is simple. The game reviews have been massively positive. The game truly has provoked the biggest fan reaction to a conclusion of a series. Pairing these two facts together, it is not outside the realm of possibility to suggest that if the game receives perfect scores, maybe it is a good game. EA wins the argument, angry fans get to whine some more.
The legalese might sound nice, but you aren't going to win a case on 'implicit' when the other side has 'actual.'