BattleApple says "it´s not fraud". So selling me something that doesn´t work isn´t fraud? That seems pretty cut and dried as far as the definition is concerned. We entered into a binding contract, of which my receipt is the legal representation of. I gave you money and you were supposed to be giving me what the money was for. Since I had no way to preview ("Try on") the product beforehand, I was taking your word Atari that the goods sold were complete and functional. The goods were not. The goods are useless and damaged and your representative in these forums subscribes to the notion that you, as the seller, have no responsibility in fulfilling your end of the contract made. You have my money, I want my fully functioning product. NOT tomorrow or the next day, NOW. The legally binding transaction says you offered a product that did something I wanted; it was supposed to come out of the box ready to go; it was not stated on any packaging that the product required anything furt!
her than the type of hardware I possess; it did not mention any alterior constraints or surreptitious installations would be made to my system as a requirement to use the product; it did not state on the packaging that further communication with the vendor and/or developer would be necessary to make any aspect of my system compliant because of known failures with the product; no labelling, sticker, addendum attached or otherwise was available at or near the shelf where the product was located that identified the product as deficient in any respect or conveyed known issues regarding the product.
This is a total failure of Atari to send supplemental materials to stores where consumers purchase your product so they may be well informed about these shortcomings.
It is also of interest to note that where consumer issues have been posted prodigiously, few if any responses from Atari, obsidian or others involved in this product can be found that actually address the issues presented.
It is easy to tell that atari/obsidian wanted to avail themselves of a well-established product name during the holiday season without due process in assuring the product being made available was functional as promoted and advertised. The inclusion of self-defeating means such as secure-rom as a deterrent which clearly causes consumer difficulties beyond those inherent in the product appears to be another step atari/obsidian took in clear violation of consumer rights. This is in regards to the prevention of a legal backup mechanism as a method to prolong the lifetime of the product in the consumers possession when legally aquired via purchase.
It is not a request that this anti-copy scheme be removed from this legally purchased product, it is a demand that Atari comply with consumer rights and allow me unhindered access to the backup mechanism to which I, the purchaser of the product, am entitled.
Failure to do so is a violation of our contract established on the purchase date. If you so state otherwise, then do so in writing to the email address provided during forum registration. Since we already have a contract regarding the purchase, I expect all transactions and communications be done in writing. This is not negotiable.
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Guess we don´t have a contract after all. You guys should have paid more attention to what kind of contract you were trying establish with us.
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--- Statement of Dissolution of Contract; Vendor EULA
Atari Inc, New York, NY (whose holding company is Infogrames Entertainment, France) is wholly liable for the implementation as they are the marketers of this product. Obsidian Entertainment is also liable for their part in implementing the aforementioned prevention. Atari Inc. can be reached via the following address should any other consumers who purchased this product feel they were treated unfairly or that Atari Inc / Obsidian Entertainment used misleading, erroneous or otherwise misrepresented themselves in their information regarding the product. This includes, but is not limited to, the functionality of the product after purchase or any other failings the product exhibits that were not clearly labelled on the products packaging. Further, any information withheld by Atari Inc / Obsidian Entertainment on it´s website or other media which clearly mislead the consumer into the belief or perception that the product would operate in a manner in which is does not is also a cl!
ear violation of consumer rights. Deficiencies, requirements or additional installation behavior labelled on the product packaging in a clear manner do not apply as the consumer would have been so informed. This only addresses those problems arising out of the absence of information provided on the product packaging or located near or at the location of the product in the store, and that said information was made readily available to the consumer such that they were not mislead into believing the product had functionality which it did not possess. If you feel such information may have existed but was not posted in a prominent fashion you are directed to contact the store and ask if such information is obtainable. If such information was not made available to the store from Atari Inc / Obsidian Entertainment or such information was withheld from the store, Atari Inc / Obsidian Entertainment is at fault. Consumer protection provides that any company selling a product must mak!
e all information pertinent to the usage of their product and !
any defi
ciencies freely available to the purchaser at the time of purchase. Failure to provide such information is in clear violation of the Federal Trade Commission (see Fair Packaging and Labelling Act) and other laws as determined by geographical location such as State Laws, where such laws of the state shall supercede or append to those enforced at the federal level
en fait ca vien du forum d´atari!