class action lawsuit
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CD Projekt Red slapped with class action lawsuit over buggy Cyberpunk 2077 launch
A staged release on fewer platforms would have been a smarter choice
By Adrian Potoroaca on December 25, 2020, 11:07 AM 51 commentsCutting corners: In the aftermath of an eventful launch for Cyberpunk 2077, CD Projekt Red will have to deal not just with angry gamers that are demanding the game they've paid for, but also with investors seeking damages for being misled about potential game-breaking issues.
Highly anticipated Cyberpunk 2077 was released earlier this month to mixed reviews, as its visually impressive Night City environment and decent story was crushed under a mountain of technical issues on certain platforms, ranging from somewhat funny glitches to game-breaking bugs like corrupted save files.
For many people who have been looking forward to an incredible neo-noir experience in a complex, dystopian environment and the ability to customize their character's looks, cybernetic enhancements, and personality, the released game brought only headaches as it was nearly unplayable in older hardware -- (side note) for once PC gamers were rewarded with a buggy yet enjoyable experience that took full advantage of high-end hardware, which is why you'll hear less complaints in some circles.
For public investors like Andrew Trampe, however, this has become an unacceptable spectacle. CD Projekt Red now faces a class action lawsuit for allegedly violating federal securities laws and misleading investors about the abysmal performance on last-gen consoles like the PlayStation 4 and Xbox One. The suit was filed by Rosen Law Firm in a Los Angeles court and seeks to represent anyone who bought the company's securities between January 16 and December 17 this year.
According to the lawsuit, CD Projekt Red claimed the game was "complete and playable" in January, a statement contradicted by the many delays that were, by the developer's own admission, due to the massive undertaking of trying to release the game on many different platforms and ironing out the technical issues that arise in such a complex project.
This has become the norm in the gaming industry, with many studios choosing to push out unfinished games hoping to patch them up in the months after the release.
For CD Projekt Red, this is proving to be an expensive approach, with stock plunging nearly 30 percent during Cyberpunk's launch week. Furthermore, despite having sold over 13 million copies in the first 10 days, many players on last-gen consoles are demanding refunds, which is why Sony decided to simply remove the game from the PlayStation store "until further notice".
In the meantime, a number of class-action lawsuits are brewing in other states, which could turn ugly for the Polish developer in the near future.
User Comments: 51
Got something to say? Post a commentDecember 25, 2020 11:24 AMUncle Al
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December 25, 2020 11:44 AMQuantumPhysics
Hopefully it will ensure that no game is ever released with buggy again.
But this goes way beyond "bugs".
This was a game that was never going to work on the last-gen consoles... released for the last gen consoles.
If I'd been their CEO, I'd have simply given refunds to PS4 owners and told em up front - "we ain't releasing it for PS4 and Xbox One so buy a PC, PS5 or Xbox SX".
December 25, 2020 11:58 AMXex360
Rubbish, RDR2 looks great and runs ok even on the Xbox DVR. They started developing the game on the old consoles, they just messed up.I'm not sure what the overall impact of this may be.
Hopefully it will ensure that no game is ever released with buggy again.
But this goes way beyond "bugs".
This was a game that was never going to work on the last-gen consoles... released for the last gen consoles.
If I'd been their CEO, I'd have simply given refunds to PS4 owners and told em up front - "we ain't releasing it for PS4 and Xbox One so buy a PC, PS5 or Xbox SX".
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December 25, 2020 12:03 PMTheinsanegamer
This was a game that was never going to work on the last-gen consoles... released for the last gen consoles.
This is a game that started development 4 years before the release of the PS5, started development 3 years before the launch of RDR2, which runs fine on last gen consoles.
Quantum Youtube Channel will never acknowledge that the game started technical development in 2016. In his mind because it works better on PS% it obviously was a PS5 game from the get go.Rubbish, RDR2 looks great and runs ok even on the Xbox DVR. They started developing the game on the old consoles, they just messed up.
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December 25, 2020 12:20 PMMaestroIT
Developer launch with bugs -> people get mad
How many game launches are released bug free?
- 6 people liked this
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December 25, 2020 12:46 PMSquid Surprise
It isn’t January yet.... what nonsense is this?
- 3 people liked this
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December 25, 2020 12:46 PMLew Zealand
Sleazy class-action lawyers looking for yet another fat payout with the clients (lol, investors also wanting a "guaranteed" profit in the stock market, good luck with that) getting a piddling. Not to say that CDPR didn't completely F up the previous-gen console release, they totally did.
money money money money money. Mo' money.
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December 25, 2020 1:03 PMdoomworm
Developer delays the launch -> a few nuts get madDeveloper delays the launch -> people get mad
Developer launch with bugs -> people get mad
How many game launches are released bug free?
Developer launch with bugs -> people who paid good money for a complete game get mad
Fixed.
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December 25, 2020 1:16 PMTomSEA
There's a big difference between launching a game with a few annoying (and sometimes humorous) bugs, and launching a game that's unplayable.Developer delays the launch -> people get mad
Developer launch with bugs -> people get mad
How many game launches are released bug free?
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December 25, 2020 1:17 PMnnguy2
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December 25, 2020 1:19 PMnnguy2
Just because the game was developed during the life of the consoles doesn't mean things don't change or technology/game engine get upgrades.This is a game that started development 4 years before the release of the PS5, started development 3 years before the launch of RDR2, which runs fine on last gen consoles. Quantum Youtube Channel will never acknowledge that the game started technical development in 2016. In his mind because it works better on PS% it obviously was a PS5 game from the get go.
Like you think ps4/xb1 would be able to do ray tracing?
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December 25, 2020 1:46 PMNamtrooper
They are referring to January 2020.According to the lawsuit, CD Projekt Red claimed the game was "complete and playable" in January,
It isn’t January yet.... what nonsense is this?
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December 25, 2020 1:50 PMRoxxas049
Ultimately this lawsuit will fail. The game is perfectly playable, yes there a re a few bugs but every AAA game released in the history of ever had bugs and will have bugs in the future. They have already made patches available for the worst of the bugs. The biggest reason for the lawsuit is all the crying entitled 18-25 year olds who have nothing better to do than sit in mommas basement and play games all day because their parents made sure they always got a participation trophy instead of let them know that **** happens and you have to overcome life's little disappointments without throwing a temper tantrum. I imagine these same people are the ones that claim The Last Jedi "ruined" their childhood. Buncha whiney babies who need their butts wiped by mommy.Sad to see it happen but they deserve punishment as do so many other companies that knowingly release "buggy" products before they are ready. Considering what game companies now charge, their implementation of "loot boxes" and other ways of getting more and more revenue's, especially in games that just don't deserve it, it's about time that a few investors and gamers go after them and make them pay. Hopefully, although doubtful, this will send a strong message to the game makers that it better be right before it hits the streets ....
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December 25, 2020 2:21 PMSquid Surprise
It was NOT complete and playable a year ago... and no one claimed it was....other than you apparentlyThey are referring to January 2020.
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December 25, 2020 2:33 PMfps4ever
If there is a lawsuit it should strictly focus on older PS4 or Xbox One consoles. Just refunding them would be a wise choice at this point but that is a rather large number of pre-orders from what I understand. PC gamers have already been lapping up buggy game releases for years and continue asking for more.I'm not sure what the overall impact of this may be.
Hopefully it will ensure that no game is ever released with buggy again.
But this goes way beyond "bugs".
This was a game that was never going to work on the last-gen consoles... released for the last gen consoles.
If I'd been their CEO, I'd have simply given refunds to PS4 owners and told em up front - "we ain't releasing it for PS4 and Xbox One so buy a PC, PS5 or Xbox SX".
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He literally quoted the text in the lawsuit (that may or may not have been said publicly).......It was NOT complete and playable a year ago... and no one claimed it was....other than you apparently
Besides, complete would be referring to the story and "playable" does not imply "bug free" or "polished" lol
December 25, 2020 3:28 PMddferrari
I'm hoping that by the time I can actually buy a 3080, this game will be much more polished for all.
December 25, 2020 3:50 PMSquid Surprise
No... I quoted the text.... I suspect it was an error by the writer...He literally quoted the text in the lawsuit (that may or may not have been said publicly).......
Besides, complete would be referring to the story and "playable" does not imply "bug free" or "polished" lol
December 25, 2020 3:50 PMIrata
Are you sure about that ? [link]It was NOT complete and playable a year ago... and no one claimed it was....other than you apparently
CDPR‘s official statement was that they delayed the launch „to make the game perfect” (their words, not mine).
Quite frankly, it seems CDPR spent their development efforts to please their sponsor by delivering a great RT + DLSS showcase. Hope it was worth it in the end.
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December 25, 2020 4:17 PMNamtrooper
Thank's for doing the heavy lifting for me Mr. Irata. Hopefully Squid will eat his words. People get so oversensitive.Are you sure about that ? [link]
CDPR‘s official statement was that they delayed the launch „to make the game perfect” (their words, not mine).
Quite frankly, it seems CDPR spent their development efforts to please their sponsor by delivering a great RT + DLSS showcase. Hope it was worth it in the end.
December 25, 2020 4:35 PMBulllee
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Hahaha, then that's even worse, as you yourself literally quoted the text paraphrasing the lawsuit that claims what you said no one claimed (without even looking at the lawsuit).No... I quoted the text.... I suspect it was an error by the writer...
To spell it out, the lawsuit states
A simple lookup.On January 16, 2020, CD Projekt released a statement announcing that though Cyberpunk 2077 was “complete and playable”, the game’s release date would be delayed until September 7, 2020, as the Company “needed more time to finish playtesting, fixing and polishing.”
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December 25, 2020 5:36 PMRayneofpayne
Morons tend to forget, investments are a gamble you aren't guaranteed anything, although they like to demand as much, which they will blather about capitalism without ever actually reading the "capitalist manifesto". It's like the people that use "atlas shrugged" as some sort of gospel why they need entitlements while saying people beneath them shouldn't benefit. That's life.people are pitiful.What a. surprise.
Sleazy class-action lawyers looking for yet another fat payout with the clients (lol, investors also wanting a "guaranteed" profit in the stock market, good luck with that) getting a piddling. Not to say that CDPR didn't completely F up the previous-gen console release, they totally did.
money money money money money. Mo' money.
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December 25, 2020 6:01 PMapplesauce
I think you should look up what the word complete means...He literally quoted the text in the lawsuit (that may or may not have been said publicly).......
Besides, complete would be referring to the story and "playable" does not imply "bug free" or "polished" lol
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December 25, 2020 6:02 PMapplesauce
When a company lies to you too get you to invest money, that's illegal and you should get sued...What a. surprise.
Sleazy class-action lawyers looking for yet another fat payout with the clients (lol, investors also wanting a "guaranteed" profit in the stock market, good luck with that) getting a piddling. Not to say that CDPR didn't completely F up the previous-gen console release, they totally did.
money money money money money. Mo' money.
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December 25, 2020 6:04 PMaxiomatic13
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I think you should look up what "context" means...I think you should look up what the word complete means...
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December 25, 2020 7:22 PMnnguy2
Unless they lied about their financial health (e.g. Income, expenses, liability) this is a nothing burger. Just look up the law firm, their the equalavent of financial ambulance chasers.When a company lies to you too get you to invest money, that's illegal and you should get sued...
December 25, 2020 9:57 PMRayneofpayne
On PC the game isn't unplayable, I can agree maybe the last gen consoles were unplayable which is probably why the fee upgrades were given.There's a big difference between launching a game with a few annoying (and sometimes humorous) bugs, and launching a game that's unplayable.
December 25, 2020 10:50 PMloki1944
How many are broken on this scale across two standardized systems?Developer delays the launch -> people get mad
Developer launch with bugs -> people get mad
How many game launches are released bug free?
December 26, 2020 1:28 AMMaitieS
WhAt GaMe WaS eVeR bUg FrEe?!
Non. But I don't remember ever seeing a game just as trashy as CDPR was/is and the biggest nail on the top is another trashy people who are saying: JuSt BuY iT oN Ps5!
Like how dumb you have to be to say this? If this would be released back in April what would these people say? wait for bug fixes? Meanwhile other games who are fully playable but yet still have some bugs they would say: Oh REFUND!
Whoever overhyped this thing & joined the hype train should know what he is getting into especially after No Man's Sky.
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December 26, 2020 7:09 AMAlfatawi Mendel
Don't see why users can't do the same with Microsoft and their Bugged to the Max Windows OS.I'm not sure what the overall impact of this may be.
Hopefully it will ensure that no game is ever released with buggy again.
But this goes way beyond "bugs".
This was a game that was never going to work on the last-gen consoles... released for the last gen consoles.
If I'd been their CEO, I'd have simply given refunds to PS4 owners and told em up front - "we ain't releasing it for PS4 and Xbox One so buy a PC, PS5 or Xbox SX".
Unlike games, this can have devastating effects like data loss and the like.
TIME TO SUE MICROSOFT!! /s
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December 26, 2020 9:50 AMEndymio
Yes, I can predict the settlement already: $50M+ for the attorneys involved, with each customer eligible for a $1.25 refund check -- if they're willing to jump through several documentary hoops to receive it.What a. surprise. Sleazy class-action lawyers looking for yet another fat payout.
A textbook example of both disinformation and the "guilt by association" logical fallacy, made all the more ironic as class-action and tort attorneys are one of the most strident and remunerative bastions of the Democratic Party: without their annual campaign contributions, it is doubtful the party could even survive.The Giuliani-esque action is bound to fail.
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CDPR was literally receiving death threats to release the game. And I would argue that they are one of the last few "good" developers left. Lets not kid ourselves, they are a business and their job is to make money, but at the same time they still have some good business practices. They run GoG, which is a DRM free games service and there isn't a microtransaction or loot box in sight.LOL this comment section is so trashy. Everyone is protecting CDPR like they are some kind of savior of gaming industry meanwhile they are the same trash just like any other company...
WhAt GaMe WaS eVeR bUg FrEe?!
Non. But I don't remember ever seeing a game just as trashy as CDPR was/is and the biggest nail on the top is another trashy people who are saying: JuSt BuY iT oN Ps5!
Like how dumb you have to be to say this? If this would be released back in April what would these people say? wait for bug fixes? Meanwhile other games who are fully playable but yet still have some bugs they would say: Oh REFUND!
Whoever overhyped this thing & joined the hype train should know what he is getting into especially after No Man's Sky.
They screwed up, but they're working hard to fix their mistake and are doing the responsible thing by giving people their money back. Frankly, I don't know what more they could possible do at this point.
And lets not forget the roll that nVidia played in this whole thing, it's something I don't see anyone talking about. A big part of the reason for the delays was because CDPR had to rework their engine for raytracing and DLSS support.
December 26, 2020 3:03 PMEndymio
A Christmas cookie to the first poster to name the fallacy in the above statement.Lets not forget the roll [sic] that nVidia played in this whole thing... A big part of the reason for the delays was because CDPR had to rework their engine for raytracing and DLSS support.
December 26, 2020 3:09 PMAmariami
Press F for Developer's, especially for the first generation developers
December 26, 2020 5:58 PMeTheBlack
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December 26, 2020 6:33 PMBulllee
I can tell you struggle with the throw away one liners so well done for stringing your political ideals on mine.Yes, I can predict the settlement already: $50M+ for the attorneys involved, with each customer eligible for a $1.25 refund check -- if they're willing to jump through several documentary hoops to receive it.
A textbook example of both disinformation and the "guilt by association" logical fallacy, made all the more ironic as class-action and tort attorneys are one of the most strident and remunerative bastions of the Democratic Party: without their annual campaign contributions, it is doubtful the party could even survive.
I bought the game tonight.
If it is unplayable I will sue myself before announcing it at my local Waldorf Garden Centre.
December 26, 2020 7:10 PMEndymio
That's better than hanging yourself, I suppose.I bought the game tonight. If it is unplayable I will sue myself.
December 26, 2020 8:43 PMCrinkles
Tropes and idioms for $2.00.A Christmas cookie to the first poster to name the fallacy in the above statement.
Do your own google: [link]
December 27, 2020 1:28 PMReehahs
If this is the case then I would like to see Bethesda and EA punished first. Elder Scrolls, Fallout, and multiplayer fps are full of bugs.Sad to see it happen but they deserve punishment as do so many other companies that knowingly release "buggy" products before they are ready. Considering what game companies now charge, their implementation of "loot boxes" and other ways of getting more and more revenue's, especially in games that just don't deserve it, it's about time that a few investors and gamers go after them and make them pay. Hopefully, although doubtful, this will send a strong message to the game makers that it better be right before it hits the streets ....
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December 28, 2020 2:13 AMAxle Grease
It'll be dismissed.
LOL this comment section is so trashy. Everyone is protecting CDPR like they are some kind of savior of gaming industry meanwhile they are the same trash just like any other company...
WhAt GaMe WaS eVeR bUg FrEe?!
Non. But I don't remember ever seeing a game just as trashy as CDPR was/is and the biggest nail on the top is another trashy people who are saying: JuSt BuY iT oN Ps5!
Like how dumb you have to be to say this? If this would be released back in April what would these people say? wait for bug fixes? Meanwhile other games who are fully playable but yet still have some bugs they would say: Oh REFUND!
Whoever overhyped this thing & joined the hype train should know what he is getting into especially after No Man's Sky.
As a last gen console owner it is unfortunate, but you got refunded?There's a big difference between launching a game with a few annoying (and sometimes humorous) bugs, and launching a game that's unplayable.
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December 28, 2020 8:58 AMpoohbear
December 28, 2020 5:28 PMGezzer
But it was a PC game first, that was then ported over to consoles at a later date. That makes all the difference in the world. What we're currently seeing with the PS4/Xbox1 versions is the same sort of problems we see when the port is console to PC. How long did it take to port Horizon Dawn, RDR2, or GTA V over to the PC? And more importantly what was the result?This is a game that started development 4 years before the release of the PS5, started development 3 years before the launch of RDR2, which runs fine on last gen consoles. Quantum Youtube Channel will never acknowledge that the game started technical development in 2016. In his mind because it works better on PS% it obviously was a PS5 game from the get go.
Yeah... not so good. In this case the games complexity grew as it was going through development, which often happens for PC games due to the fact that there's no solid hardware target, unlike consoles. For example ray tracing also didn't exist when the game first entered development, it was added later. So the game as it started life most likely could of run fine on last gen base consoles. But as it went through development it eventually left those capabilities behind, way behind.
December 28, 2020 5:43 PMGezzer
This is a different type of lawsuit. It's investors charging that they were mislead to encourage them to invest. So the first thing they have to prove is it was indeed fraud... possible, but I'd give it a 50/50 chance of success. Then they have to prove that the fraud resulted in financial damage... actually easier to prove, 90% chance. Lastly the big question, how much damage.Yes, I can predict the settlement already: $50M+ for the attorneys involved, with each customer eligible for a $1.25 refund check -- if they're willing to jump through several documentary hoops to receive it.
A textbook example of both disinformation and the "guilt by association" logical fallacy, made all the more ironic as class-action and tort attorneys are one of the most strident and remunerative bastions of the Democratic Party: without their annual campaign contributions, it is doubtful the party could even survive.
If the case succeeds it'll most likely take a financial audit of investors to come up with an amount to reward. As for how the reward is split up it'll be up to the terms of the contract plaintiffs signed with the firm bringing the class action. Yes the lawyers will take a large chunk, but there should still be a significant amount going to each member of the suit since it's a much smaller pool of potential plaintiffs.
December 28, 2020 5:49 PMGezzer
This is not an end user suit. It's an investor suit. They're saying that CDPR committed fraud to encourage investment. OTOH M$ has all the bugs and glitches covered by the ELUA that we're all forced to agree to when we install the OS. So M$ can't be held libel for any damages. Because people using Windows are end users the absolute most you could get from a lawsuit is your initial purchase price anyway.Don't see why users can't do the same with Microsoft and their Bugged to the Max Windows OS.
Unlike games, this can have devastating effects like data loss and the like.
TIME TO SUE MICROSOFT!! /s
December 28, 2020 5:51 PMGezzer
Not consumer lawsuit, investor charge of fraud to encourage investment. Totally different thing.If there is a lawsuit it should strictly focus on older PS4 or Xbox One consoles. Just refunding them would be a wise choice at this point but that is a rather large number of pre-orders from what I understand. PC gamers have already been lapping up buggy game releases for years and continue asking for more.
December 28, 2020 9:23 PMEndymio
While what you say is correct, the fact remains that it is still a class action tort, which has become synonymous with abuse and exploitation. Investor suits normally either result in a minor nuisance settlement, or protracted litigation that results in the company cannibalizing itself to the benefit of no one but the attorneys involved.This is a different type of lawsuit. It's investors charging that they were mislead to encourage them to invest.
December 29, 2020 10:49 AMrichcz3
It takes a solid PC to run this maxed out and its stunning and its been very stable, but there is no way this would look the same even on latest gen consoles, especially on release.
CDPR CEO made a bad call saying console players should not have expected the graphics and performance of PC or next gen consoles on the original PS4 and XBox One. That's closing the gates after the horses have already bolted.
The base PS4 and XBox One should been retracted or indefinitely delayed until the game was better optimized to run on them. This is all bad PR for what is actually a very amazing game.
December 29, 2020 11:02 AMEndymio
Is the CEO of Projekt Red really responsible for educating consumers that seven-year old consoles are not going to match the visual performance of brand new high-end graphics cards? The last time I purchased a car, I don't recall the dealer informing me that it wouldn't run without my purchasing a steady stream of gasoline.CDPR should have stated the visuals were from the PC platform from the outset. Noting that the console visuals would vary....The base PS4 and XBox One should been retracted or indefinitely delayed
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