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Post by Steve Farrelly @ 11:16am 25/08/11 | 20 Comments
In what seems like a bit of a dick move, GameStop in the US sent through a company-wide memo instructing employees to open brand-new, sealed copies of Deus Ex: Human Revolution to remove OnLive Coupons that were bundled with the game.

OnLive is a digital game streaming outfit who are essentially seen as a competitor to GameStop.

"Square Enix packed the competitor’s coupon with our [Deus Ex: Human Revolution] product without our prior knowledge and we did pull these coupons," said Beth Sharum, a spokesperson for GameStop to Wired.com.

Wired then contacted an industry lawyer who told them Square Enix may have a legal right to respond to GameStop's actions "in terms of tortious interference", which essentially means Square Enix could argue that GameStop intentionally damaged their business relationship with OnLive. However, if GameStop had a pre-existing arrangement with Square Enix for GameStop-specific copies of the game (ie, copies without an OnLive code), GameStop could pursue a legal response as well.

It's a pretty interesting read, and this apparently isn't the first time GameStop have done this sort of thing, so it'll be interesting to see how it plays out, especially given the hype surrounding the game.



deus ex: human revolutiononlivesquare enixgamestop





Latest Comments
Pirroh
Posted 12:24pm 25/8/11
trog
Posted 11:54am 25/8/11
This is such an awesome developing story. It has everything: drama, lawyers, nerd rage, all the good stuff - but mostly it's just such a real-world example of the ACTUAL WAR between online retailers and Ye Olde brick and mortar style.

I totally understand GameStop's rage for having competitor stuff in the boxes - if each box had included an ad for EB, no doubt their response would be just the same, but I think people would find it much more reasonable. The fact that OnLive is online though just gives is such an awesome spiciness!
ShwaMiller86
Posted 12:01pm 25/8/11
...Gamestop own EB, no?
Dan
Posted 12:09pm 25/8/11
They do, but you know what he's getting it. How about If each box included a GAME voucher?
DM
Posted 12:19pm 25/8/11
For a free game of our choice? Then that would be incentive to buy from EB. Only reason I plan on buying from EB is when I get given $50 gift vouchers.
ShwaMiller86
Posted 12:22pm 25/8/11
Yeah it was a slightly douchey comment on my part haha

Imagine if Homefront 2 comes out - a game with lots of in-game logos etc.- and there's a competitor in there... A Wal-Mart or whatever... will they refuse to sell it?

Or imagine if GameStop sign an agreement to only sell Logitech products and a publisher included discounts on Razer peripherals. It is simply over the top knee jerk behaviour.

It is all hypothetical, I know, but Eidos obviously have an agreement with OnLive, GameStop have no right to mess with that.
ShwaMiller86
Posted 12:26pm 25/8/11
BTW I only object to opening the cases up. Refusing to sell a product is a right a company holds, so the only issue with them pulling it from shelves is pre-orders, advertising, marketing, etc.

They should have just come up with a counter offer for US citizens, as GameStop provides downloadable games... "hand us that OnLive voucher before you take the game home and we'll give you a free game worth $60".
trog
Posted 12:31pm 25/8/11
Uh, yeh. Bad example. Sometimes I flashback to many years ago when they were two separate places.
thermite
Posted 12:37pm 25/8/11
Oh god I can't decide whose side I'm on. I think GameStop should be allowed to substitute the whole game with anything they like, but then that deceives the consumer, but the consumer wasn't deceived in this case.. arrrgh!
Sip
Posted 01:36pm 25/8/11
Apparently when they pulled the stock, opened the box and removed the code they ended up classifying it as "pre-owned" and marked it down by $20, which then would be fair. If they we're attempting to sell them at full retail price and tried to tamper with a product they would get butt f**ked.
Eorl
Posted 01:41pm 25/8/11
Which they are doing.
Bah
Posted 01:58pm 25/8/11
I totally understand GameStop's rage for having competitor stuff in the boxes - if each box had included an ad for EB,
Did they ever cry about having steam games, because that basically describes a game which integrates steam with its boxed copy. (or ea's upcoming origin)
ShwaMiller86
Posted 03:22pm 25/8/11
Deus Ex is steam powered. So are Warhammer DoW titles, Homefront, Aliens Versus Predator, all Valve titles, Red Orchestra... many, many games. But they're only tied to Steam after purchase, so they can't really lose money that way. Add to that the fact publishers and distributors are ensuring prices remain inflated on digital platforms so people are more inclined to buy retail.

That's why I think they don't care about Steam Powered.
Bah
Posted 03:28pm 25/8/11
You missed my point, you buy a steam game, load it up and bam in your face are advertisements for all the games steam sells, maybe you had your eye on another game while at gamestop/eb and then you see it right there in steam.
So following trogs example, it's not like an ad for eb in the box its like an actual eb store in the box.
FraktuRe
Posted 03:29pm 25/8/11
I think the reason they are upset is because they weren't told these cards would be there.
trog
Posted 03:35pm 25/8/11
You missed my point, you buy a steam game, load it up and bam in your face are advertisements for all the games steam sells, maybe you had your eye on another game while at gamestop/eb and then you see it right there in steam.
So following trogs example, it's not like an ad for eb in the box its like an actual eb store in the box.
It's almost worse than that I think because you actually get a copy of Deus Ex to play on OnLive. So it's not just opening up the store in the box, its opening up the store AND giving them a free game!@# (albeit one they've just paid for anyway)
Khel
Posted 04:11pm 25/8/11
I think the reason they are upset is because they weren't told these cards would be there.


I don't see why they expect to be told in the first place. I mean, how f*****g arrogant is that? They're just a retailer, they sell the s***, game publishers don't need to be seeking them out for permission to put stuff in the box, its Eidos' game, they can put whatever the hell they want in the box. Like someone said above, if Gamestop disagrees with it they can refuse to sell the game and thats pretty much where any power they have over the matter begins and ends. Opening the boxes and removing stuff from them is just one of the most inexcusably dodgy things I've heard of a retailer doing (and seemingly getting away with).
Deviouz
Posted 05:08pm 25/8/11
Was/is this happening in Australia at EB? is Au copies bundled with OnLive too?
Bah
Posted 05:32pm 25/8/11
Onlive wouldnt work in Australia due to pings, it's a streaming service, like youtube except for games.
Eorl
Posted 06:23pm 25/8/11
Trog ain't that what Steam is anyway? Technically your getting "another" game when you activate it on Steam.
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