Steam News30 September 20169y ago

We talk to lawyers about the No Man's Sky false advertising investigation

To better understand the potential consequences of the UK's Advertising Standards Authority's investigation into No Man's Sky, we reached out to a number of legal experts proficient in the realm of v

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changedWhat's the ASA, and what power does it have?That said, the ASA has proven quite successful in the past, requiring French Connection, the fashion brand behind the FCUK slogan, to submit all its marketing material to the ASA for vetting before it can be displayed, as well as banning an Apple iPhone ad for false claims about the device's internet capabilities.

changedThe key precedentsThe law on false advertising in video games is developing fast, particularly over the last few years, Purewal tells us. He points out that many recent cases in the US have been un successful, citing the class action lawsuit against GTA V over the omission of its online mode at launch. In the UK specifically, Purewal notes the ASA has previously ruled on Wolfenstein: The New Order and the Dungeon Keeper mobile game , with the Dungeon Keeper example of most relevance. The ASA determined that the content and features shown in an email ad for the game were misleading due to their being locked behind paid currency, despite the ad emphasising that the game was free. Because it was not clearly stated that the gameplay depicted would require in-app purchases, the ASA deemed EA in breach of the UK Advertising Code, requesting the ad be taken down and for future ads to make clear the differences between free and paid gameplay features.

addedThe key precedentsThe 2013 lawsuit was initially filed against Sega and Gearbox on behalf of all owners of the game, but in 2015 Gearbox was dropped from the suit and the scope of the case was reduced from its class-action status to only representing the two plaintiffs. Sega, meanwhile, was called out by the ASA and admitted that trailers for the game "did not accurately reflect the final content of the game." Consequently, Sega settled for a reported $1.25 million and added disclaimers to its videos advising that the footage pertained to demo versions of the game, rather than the final release.

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changedThat said, the ASA has proven quite successful in the past, requiring French Connection, the fashion brand behind the FCUK slogan, to submit all its marketing material to the ASA for vetting before it can be displayed, as well as banning an Apple iPhone ad for false claims about the device's internet capabilities.

changedThe law on false advertising in video games is developing fast, particularly over the last few years, Purewal tells us. He points out that many recent cases in the US have been un successful, citing the class action lawsuit against GTA V over the omission of its online mode at launch. In the UK specifically, Purewal notes the ASA has previously ruled on Wolfenstein: The New Order and the Dungeon Keeper mobile game , with the Dungeon Keeper example of most relevance. The ASA determined that the content and features shown in an email ad for the game were misleading due to their being locked behind paid currency, despite the ad emphasising that the game was free. Because it was not clearly stated that the gameplay depicted would require in-app purchases, the ASA deemed EA in breach of the UK Advertising Code, requesting the ad be taken down and for future ads to make clear the differences between free and paid gameplay features.

addedThe 2013 lawsuit was initially filed against Sega and Gearbox on behalf of all owners of the game, but in 2015 Gearbox was dropped from the suit and the scope of the case was reduced from its class-action status to only representing the two plaintiffs. Sega, meanwhile, was called out by the ASA and admitted that trailers for the game "did not accurately reflect the final content of the game." Consequently, Sega settled for a reported $1.25 million and added disclaimers to its videos advising that the footage pertained to demo versions of the game, rather than the final release.

To better understand the potential consequences of the UK's Advertising Standards Authority's investigation into No Man's Sky, we reached out to a number of legal experts proficient in the realm of video game law for their take on the situation. Stephen McArthur, a "Video Game Lawyer" of McArthur Law Firm , Ryan Morrison of Morrison Lee , Jas Purewal of Purewal and Partners LLP , and Tom Buscaglia, The Game Attorney , agreed to lend us their knowledge and explain what this investigation could mean for Hello Games, Valve, and the industry as a whole.

What's the ASA, and what power does it have?

The ASA is an independent authority with the power to issue, but not enforce, sanctions on advertising that breaches the UK Advertising Codes. As such, its judgments are not legally binding, and it is up to the offending company as to whether it follows the ASA's recommendations.

It's highly unlikely the ASA will advise any sort of blanket refund or remuneration.

That said, the ASA has proven quite successful in the past, requiring French Connection, the fashion brand behind the FCUK slogan, to submit all its marketing material to the ASA for vetting before it can be displayed, as well as banning an Apple iPhone ad for false claims about the device's internet capabilities.

The key precedents

The law on false advertising in video games is developing fast, particularly over the last few years, Purewal tells us. He points out that many recent cases in the US have been un successful, citing the class action lawsuit against GTA V over the omission of its online mode at launch. In the UK specifically, Purewal notes the ASA has previously ruled on Wolfenstein: The New Order and the Dungeon Keeper mobile game, with the Dungeon Keeper example of most relevance. The ASA determined that the content and features shown in an email ad for the game were misleading due to their being locked behind paid currency, despite the ad emphasising that the game was free. Because it was not clearly stated that the gameplay depicted would require in-app purchases, the ASA deemed EA in breach of the UK Advertising Code, requesting the ad be taken down and for future ads to make clear the differences between free and paid gameplay features.

McArthur mentions a few more examples worth examining in greater detail. Though these are US cases and as such hold no legal sway over the ASA's decision, the similarities between them give us a solid idea of what does and doesn't constitute false advertising.

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Aliens: Colonial Marines

The 2013 lawsuit was initially filed against Sega and Gearbox on behalf of all owners of the game, but in 2015 Gearbox was dropped from the suit and the scope of the case was reduced from its class-action status to only representing the two plaintiffs. Sega, meanwhile, was called out by the ASA and admitted that trailers for the game "did not accurately reflect the final content of the game." Consequently, Sega settled for a reported $1.25 million and added disclaimers to its videos advising that the footage pertained to demo versions of the game, rather than the final release.

Killzone: Shadow Fall

A class-action lawsuit against Sony was dismissed in 2015 after a US federal court found that evidence of false advertising

Source

Steam News / 30 September 2016

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