DriveClub remains the kind of disaster that all developers must dread. Despite showing recent signs of improvement, the PlayStation 4 racer appears to be stuck in first gear – and, regardless of continued hard work from Evolution Studios, it’s not really getting much better. That’s not to say that you can’t connect and play online right now, but it’s nowhere near as sturdy as it should be, and some features are still refusing to work.
And that begs the question: three weeks removed from release, are you entitled to a refund? The game’s good – as we explained in our review – but without it working as intended, we can understand why some people may be eager to return their copy. The Guardian spoke to law associate Alex Tutty about just this, but the legality remains hazy at the time of writing due to ambiguous laws not really designed to cope with these kinds of issues.
“The Sale of Goods Act should apply [to video games software],” Tutty told the British publication. “This includes provisions that the good is as described and of satisfactory quality. The multiplayer functionality in DriveClub is arguably one of its core components, and so as it is not working correctly, may be considered a breach of the Act. If that's the case, the player can choose to reject it – in a reasonable time – and return it and obtain a refund.”
Unfortunately, it’s not quite as straightforward as that, as interactive entertainment lawyer Jas Purewal countered. “If a game does not work as expected but the publisher is then able to remedy that, is there a claim?” he asked rhetorically. “If the game does not have certain functionality at launch due to factors outside of the publisher's control, is there a claim? We just don't know the definitive answers to these questions yet.”
As such, you may be best contacting your local retailer to see where you stand. We have seen some reports of Sony issuing refunds for digital purchases, but obviously this is a much easier measure to take. Of course, the best outcome would be if Evolution Studios finally got on top of this mess, and made the game work as intended. We’ve absolutely no doubt that it’s trying – but at this point, we can’t help but feel that this story has gone on for far too long.
[source theguardian.com, via videogamer.com]
Comments 36
Snoozeclub? I was excited for this before launch, now I'm not even sure if I'll bother with the free version when it comes out. I can't even imagine the amount of sales they've lost from this farce, they delayed the game for an entire year and then pissed it all away because they weren't smart enough to stress-test it with a beta.
Still, how were they to know, it's not like a big game has ever launched with server issues before, is it? /Sarcasm
Fools
@TheFlossyDog They are fools. Why didn't they release a beta? All online focused games should have a beta released before the retail copy hits shelves.
Well now I think that Phil Harrison was right, when he called Evolution" the worse Developer ever"
@KAPADO Did he really say that?
Feel sorry for Evolution. This might just break them.
They supposedly did stress test it, but with a virtual system, not a physical beta. I bet they won't do that again!
That said, I think Push Square are milking this a bit. Perhaps news is a bit slow until the Christmas rush starts? I know it's a bad situation, but it's not the end of the world, and the game is apparently very playable... a guy I follow on Twitter is streaming pretty much daily, and loving it. I'm only waiting on the PS+ version so that I can try the handling, otherwise I'd have bought it already.
Battlefield 4 was so badly broken, including single player, for so long after release that my launch copy remained in its wrapper for 3 months - yet I don't remember there being almost daily articles about that.
In fact, the site generally has become quite negative about many aspects of PlayStation over the last couple of months, and it's getting a bit of a drag. I don't know, perhaps it's some form of contagion, as it seems to be a general change I've been noticing across social media and other sites too... PlayStation 'fans' p*ssing and moaning about the slightest little thing they don't like as if it's ruined their entire life.
That said, maybe it's me. There's been a fair bit of serious stuff happening in my life recently, and maybe it just makes it stand out more when people moan about things that are ultimately irrelevant. Perhaps I need a break from the internet in general.
Outside of the publishers control? No, that isn't true. It's down to the publisher. Ridiculous. There's nothing hazy about a game not working, its an online social game. Its broken at the moment. A retailer has an obligation to process a refund. Imagine if you'd bought a bundle and a PS plus 12 months subscription, a broken driving game along with dated dust and spelunky? Not really good enough is it. Sony probably ruined a few kids birthdays. Beta, beta, beta, beta, beta, if they had bothered then we would know before release that its trash and needs fixing, a further delay is acceptable if a little hard to swallow. Right now they're trying to run the game and fix the game, almost impossible I imagine, unless they shut it off for a month or two they ain't gonna fix it for a long long time.
But wait Sammy they're still running Diagnostics to figure out what's wrong.
I pre ordered the digital so I could play against my brother, still waiting to get into an online game with him every time we try either I get booted offline, he does or we both do. Just got to hope that project cars has a better launch because I'm fed up with trying with this one.
@Paranoimia
The difference between Drivclub and Battlefield 4 is that Driveclub is a overhyped and delayed PS4 exclusive with a free part for PS+ members.
BF4 wasn't hyped. Publicers should learn from Destiny, Watch Dogs en DC, don't hype a game because every little mistake will be a big mistake for the media.
@Kohaku BF4 wasn't hyped? Oooookay then.
@Kohaku I would say bf4 and destiny were actually 2 of the biggest hyped games going!
Maybe I have missed it all but there wasn't that much publicity for BF4 compared to Destiny has gotten. Sony was giving a lot of publicity about Destiny as well on their own youtube channel, including interviews with the developpers and exclusive content.
"Jas Purewal countered. “If a game does not work as expected but the publisher is then able to remedy that, is there a claim?” "
Ummm.. Yes! At least in good old NZ anyway. Refund, repair, replace is at the consumers will NOT the supplier/producer.
If not everything working as advertised, refund she not be questioned. Highly regret buying this game and will never buy anything this company develops, if it is still around after this
@Paranoimia this is a playstation only website, driveclub is playstation only, so naturally they would report on this as battlefield is multiple platform, and everyone else DID report on that
@Kohaku battlefield.. hype... wasn't...? Whaaaaaaat? Lol. That must have been those few months you were living off the grid, in a cave.... with your eyes shut, and ears plugged. Otherwise you would be aware of the monotonous hyping bf4 got leading up to release lol. It wasn't quite destiny level but it was close.
I really think that the studio ran out of money for the game. They had layoffs and features are missing from the game. They probably wanted to put them in after launch, cause they would have the money to do it.
If you thought BF4 wasn't hyped, you must have been on a bender for about 6 months straight, before and after the game came out.
im expecting e,s to sort this out.its a great game that just needs a tweak or 2 to make it work right.dont give up on it kust yet guys.when the games qorkin correctly il be expecting an absolute shedload of updates and free additions to the game.remember.i get a real whiff of the Gran turismo 5 launch about this whole episode.Ad what a game that turned out to be
@mitcHELLspawn @Paranoimia Battlefield 4 wasn't hyped in the slightest bit. Was just anti-COD fanboys mouthing off, the same "hype" COD gets by anti-Battlefield fanboys every year. That isn't hype, it's idiots ignoring that their opinion isn't the be all and end all.
@get2sammyb yes he did. Right after evolution couldn't replicate that Motorstorm cgi trailer they had shown at E3 prior to the ps3 launch.
@Paranoimia I agree with you. There is no question they screwed up, and it is still not completely fixed, but I think that "some" of the dialog around this has got out of hand. I think to BF4 which took EA 6 months to largely make work. I think of SimCity. There are many other launch disasters. I am not making any excuses for Evolution. They should have a done true beta and will have learnt their lesson.
Buy buying new servers (even ordering them) takes time, set up etc. Things have improved and I believe will get there. It is overall a very good game and I believe will be a good part of PS4s stable moving forward (like BF4 and SimSity are good games!), albeit always tainted by its launch.
Cries of a refund are well premature. Though some free cars/DLC would go a long way to saying thanks for your patients.
@KAPADO
So he was still working for Sony when he said that?
Unfortunately itll be the retailer that gets the flack for this. They are the guys who will have to deal with those idiots not understanding the retailers are the middle man, not those responsible for defective products at launch.
Im yet to recieve a refund from Sony, but it is in motion so I could well just be in the queue.
@Paranoimia
I agree I have noticed a lot more negative comments towards sony and i think it stems from the fact a lot of people on PS4 are new to playstation so there expectations are sure high while knowledge of what the brand entails is limited, delays and game problems are part and parcel with playstation. Remember when PS3 games ran worse than Xbox 360 ports? Shameful times
@Reverandjames In no way whatsoever is a PS+ game free.
@Reverandjames "You are paying to .... download a couple of free games a month."
I see the AX coming for evolution studios. Xbox is swinging from the ropes for dear life right now!! They are a wounded animal that has disposable income!! I can see Sony losing the important holiday season because of this. It's all about mindshare. And popular opinion right now is, Xbox has more and better exclusives, plus it's getting cheaper by the month. Sony better check themselves. I know a ton of content is coming next year, but they have been awfully lax lately. They should've planned better for 2014 holiday, but they've seemed content with 3rd parties carrying the load. That's fine in reality because there are too many games releasing now, but they're losing the battle for the mind of consumers. Xbox is hot right now, Sony is cooling off. They've been selling off potential so far. It's time to release the hounds Sony!! I have x1 and ps4. I love my ps4 more, but I'm not blind... We want our games!! 3rd parties are cool, yes, but I bought ps4 for the big guns!! God of war, uncharted, etc. The filler content is nice. It really is, but we need more info! That conference in December better be worth something, and next years E3 is becoming more critical for Sony long term. Xbox and wii are throwing the kitchen sink at consumers wallets with exclusives ranging in the 9's!!! Bloodborne and the order 1886 better be good!! They both have to score in the high 8's, or Sony exclusives are gonna have a stigma of underwhelming gamers. It's all about mindshare!! Sony wins in sales, but they're slowly losing mindshare.
@eLarkos Oh. Im certain that I have only paid for my membership to play online.
I have never paid for a game on PS+
@ToOGoodOfAPlaya Companies have many different methods in which they can compete. Price is a major strategy in which by they can differentiate themselves from the competition, however it is not the only method. Consumers in all markets are sensitive to different degrees of different strategies. For example, women who buy make up can receive a 'free' makeup bag. This free bag most certainly costs the producer however their research states that a free bag has more influence on the consumer than a simple drop in price by a few dollars - everyone loves a free bag!! The PS+ games are most certainly a cost to Sony (a calculated cost whether it be direct or indirect) and they most certainly could substitute the calculated cost for a price drop. Clearly Sony thinks 'free games' sounds more appealing than a few bucks off the subscription each month.
Sony are not your loving best friend. You are certainly paying for the PS+ games and more power to you the sooner you understand this concept.
@eLarkos So in effect the likelihood is, the price would remain the same regardless of the extras offered. Meaning we benefit by not paying extra.
So, if I'm paying 40 a year without the "free" games, surely the fact that I get them at that same cost constitutes as free.
I came from having a 360 and ps3 to only having a ps4 and have experiened both sides.
So I am getting something Im not having to pay the price for, thus, free.
@ToOGoodOfAPlaya No. As clearly explained above. If Sony didnt offer the free games then they would need a different competitive strategy. Most likely Price.
@eLarkos Yeah I see what you mean.
They would be competing with Microsofts 40 a year, so would need to lower the price then.
But with the compulsory requirement for ps plus to play online I do wonder if they really would lower the price? Food for thought.
I'm really becoming more in tune to buying an xboxOne and letting my ps4 Collect dust...notice I didn't say get rid of the ps4.
@SupaColeMan
That's what I've been doing since August. PS4 will have the games, eventually, X1 has the more interesting games right now.
Tap here to load 36 comments
Leave A Comment
Hold on there, you need to login to post a comment...