• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Fallout 4 Free on Xbox Live Store

M

Mass Appeal

Member
Can they really revoke it? Are digital sales different then retail sales?


I am asking because I work as a butcher for Costco and something similar like this happened with us. One of our vacuum pack whole ribeye roasts was labeled at 13 cents because it weighed wrong. It was supposed to weigh out at 17 pounds and cost $140 plus. Costco honored it and gave it to him for that 13 cents because it was our mistake.


Now wouldnt MS have to do the same thing here digital or not? I mean it was their mistake and they cant really blame the consumer for taking advantage.
 
S

SuicidalSteve

Member
Mass Appeal said:
Can they really revoke it? Are digital sales different then retail sales?


I am asking because I work as a butcher for Costco and something similar like this happened with us. One of our vacuum pack whole ribeye roasts was labeled at 13 cents because it weighed wrong. It was supposed to weigh out at 17 pounds and cost $140 plus. Costco honored it and gave it to him for that 13 cents because it was our mistake.



Now wouldnt MS have to do the same thing here digital or not? I mean it was their mistake and they cant really blame the consumer or taking advantage.
Click to expand...

Bethesda revoked the season pass on ps4 when that was on the store for free so I assume this will happen to xbox players too
 
T

topplehat

Member
I'm sure they will revoke it.

Unrelated but when Amplitude was free on PS4 licenses were revoked, but I didn't see it on my console until a week or two later.
 
D

Dereck

Member
Big Brett said:
Replies are slowing down, seems like everyone who downloaded it is in prison now
Click to expand...

ThaddeusMcGee said:
They're actually each planning a 'fallout 4 is disappointing' thread and organizing which day each person will post theirs
Click to expand...

statham said:
good times, good times, we ate, some ate better then others, but we all ate.
Click to expand...
0TkPs19.png
 
J

jambo

Member
Mass Appeal said:
Can they really revoke it? Are digital sales different then retail sales?

I am asking because I work as a butcher for Costco and something similar like this happened with us. One of our vacuum pack whole ribeye roasts was labeled at 13 cents because it weighed wrong. It was supposed to weigh out at 17 pounds and cost $140 plus. Costco honored it and gave it to him for that 13 cents because it was our mistake.

Now wouldnt MS have to do the same thing here digital or not? I mean it was their mistake and they cant really blame the consumer for taking advantage.
Click to expand...

There aren't really concrete laws for this in most countries. If they did get sued, they would just need to prove that it was an accident or technical issue and then they would be cleared of any wrongdoing or possible misleading tactics.
 
J

JaseC

gave away the keys to the kingdom.
Mass Appeal said:
I would imagine Sony revoked it right since it was on the PSN store?
Click to expand...

If Bethesda were willing to look the other way, then the mistake would have been honoured. The only other hope was Sony paying the difference and that was most definitely not going to happen.
 
CRAIG667

CRAIG667

Member
I didn't get the 'free' dowload but my LEGIT dayone purchase of FO4 keeps crashing to the dash upon launch this morning...

Anyone else?
 
S

sam777

Member
I already have a disc version installed and I managed to get this however the game installs from the scratch even though I already have a copy downloaded. Any fix to this?
 
M

Mooreberg

is sharpening a shovel and digging a ditch
What kind of level requirement/recommendation is there for the DLC? My 96 hour character is on PS4. :-/
 
K

krang

Member
Mass Appeal said:
Can they really revoke it? Are digital sales different then retail sales?


I am asking because I work as a butcher for Costco and something similar like this happened with us. One of our vacuum pack whole ribeye roasts was labeled at 13 cents because it weighed wrong. It was supposed to weigh out at 17 pounds and cost $140 plus. Costco honored it and gave it to him for that 13 cents because it was our mistake.


Now wouldnt MS have to do the same thing here digital or not? I mean it was their mistake and they cant really blame the consumer for taking advantage.
Click to expand...

I don't think you can revoke it. In the UK, at least, a contract to purchase is made upon receipt of the agreed price. So MS could advertise it at £0.00 but they are within their rights to refuse to sell it at that price until it has been checked out and purchase is complete. But after that, the price was agreed by all parties, monies exchanged (or not, in this case), and the sale is legally complete. In the case of online, up to the point of delivery of the goods (instantaneous, in this case) is their last chance to recall it by law and refund the money.

I'm sure I remember a story about an online store selling something really cheap by accident, then begging people afterwards to return the goods or pay the correct amount, and they were basically laughed at, because they had no leg to stand on. Was it GAME? Sounds like GAME.

In your story of Costco, well that's probably just another example of how Costco are generally great about their pricing and customer service, rather than law.
 
CRAIG667

CRAIG667

Member
krang said:
I don't think you can revoke it. In the UK, at least, a contract to purchase is made upon receipt of the agreed price. So MS could advertise it at £0.00 but they are within their rights to refuse to sell it at that price until it has been checked out and purchase is complete. But after that, the price was agreed by all parties, monies exchanged (or not, in this case), and the sale is legally complete.

I'm sure I remember a story about an online store selling something really cheap by accident, then begging people afterwards to return the goods or pay the correct amount, and they were basically laughed at, because they had no leg to stand on.

In your story of Costco, well that's probably just another example of how Costco are generally great about their pricing and customer service, rather than law.
Click to expand...


The has been updated to fit in with online retail and the various ways mistakes like this arise. It happens more often than you think with the big supermarkets, tesco, asda etc... They basically just nulify the sale and refund any monies that may have been received.

I actually bought 10 copies of Halo 5 around launch from Tesco as a mistake they'd made meant they were £10 each... I had already made my eBay template when I received an apology and refund... Such is life.
 
K

krang

Member
CRAIG667 said:
The has been updated to fit in with online retail and the various ways mistakes like this arise. It happens more often than you think with the big supermarkets, tesco, asda etc... They basically just nulify the sale and refund any monies that may have been received.

I actually bought 10 copies of Halo 5 around launch from Tesco as a mistake they'd made meant they were £10 each... I had already made my eBay template when I received an apology and refund... Such is life.
Click to expand...

Yeah I just updated my post, because I remembered can still refund and revoke the order if they haven't yet delivered it. Once it's in your hands, they're SooL.
 
O

oti

Banned
"Bought" it yesterday, installed it over night and launched it just now. Works (for now).
But it's German only.

:[
 
G

GankzyMcfly

Member
Managed to snag the digital deluxe edition before the price correction. Any official statements from microsoft yet? I read some article about ms support saying all licences will get revoked but when i actually read the convo with ms support i legit laughed out loud at the journalist who thought 'this is a credible source', the convo was riddled with grammatical errors and classic support center script speach.
 
O

oti

Banned
Creeated my character, saved and went offline. Don't have Gold so I won't miss multiplayer but I just got Forza Horizon 2 so missing out on comparing scores with the three freinds I have on Xbox is kind of a bummer. Free Fallout though.
 
D

darkinstinct

...lacks reading comprehension.
Helacious said:
I guess I should rephrase : is it immoral to abuse a clearly non-intentional mistake and pricing error? You can take moral refuge by saying it's lawful, but morality is more than following the law. Buying 0$ groceries that was an inventory mistake has the same repercussion as stealing. You can say "sucks to be them, law's on my side!" but what are you doing, imo, is as immoral as stealing (in the case of groceries before someone points out piracy != stealing).
Click to expand...

I don't think you know how it works. If there is a pricing error caused by Microsoft they still pay the seller, even if the buyer got it for free. So nobody took something from Bethesda, in fact they get more than they would have otherwise.

Microsoft is fast at correcting these mistakes. They barely stay for an hour, typically they just take it down completely, correct it, put it back up. The number of people that actually buy it at the price is small. It's not 10's of thousands of people, it's closer to 2K for an hour. A lot are scared because of the "you will get banned" warners (ha, they might be shills as their first layer of action when they find out about these errors, never thought about that) or they own it already or they stay away from digital for good. Until now they have honored each of these "deals" and never revoked (I know cause I got every single one of these starting with free Fable 2 eight or so years ago and still own them all) anything. I figure the negativity from 2K people complaining how Microsoft can just take away what you legally bought is worse than paying $90k out of their own pocket.

Sony obviously has a different SOP, they don't pay for their mistakes. Steam does I think, they honor price mistakes and the buyer gets to keep it.
 
S

Stranya

Member
krang said:
I don't think you can revoke it. In the UK, at least, a contract to purchase is made upon receipt of the agreed price. So MS could advertise it at £0.00 but they are within their rights to refuse to sell it at that price until it has been checked out and purchase is complete. But after that, the price was agreed by all parties, monies exchanged (or not, in this case), and the sale is legally complete. In the case of online, up to the point of delivery of the goods (instantaneous, in this case) is their last chance to recall it by law and refund the money.

I'm sure I remember a story about an online store selling something really cheap by accident, then begging people afterwards to return the goods or pay the correct amount, and they were basically laughed at, because they had no leg to stand on. Was it GAME? Sounds like GAME.

In your story of Costco, well that's probably just another example of how Costco are generally great about their pricing and customer service, rather than law.
Click to expand...
Lawyer here: no offence but in the UK these sales can absolutely be revoked, if the pricing is a clear mistake, which it obviously is in this case.
 
G

gossi

Member
Lowrys said:
Lawyer here: no offence but in the UK these sales can absolutely be revoked, if the pricing is a clear mistake, which it obviously is in this case.
Click to expand...

Indeed. Both digital stores (Sony) and retailers (Amazon etc) have revoked pricing errors before in the UK. In the case of Sony it was over Fallout 4, as it happens - they deleted people's licenses.

There's a lot of misinformation in this thread. If (when) your license gets revoked you're welcome to try suing Microsoft, it will only cost you years of your life and hundreds of thousands of pounds.
 
K

krang

Member
gossi said:
Indeed. Both digital stores (Sony) and retailers (Amazon etc) have revoked pricing errors before in the UK. In the case of Sony it was over Fallout 4, as it happens - they deleted people's licenses.

There's a lot of misinformation in this thread. If (when) your license gets revoked you're welcome to try suing Microsoft, it will only cost you years of your life and hundreds of thousands of pounds.
Click to expand...

In this case in particular, credit card companies upheld complaints of Amazon drawing more cash from their cards than was agreed. So it was the case that they were only successful when unchallenged.

In the case of a cash transaction, the retailer would have no right to come knocking on your door and asking for more money. Simply because the retailer has a mechanism with which to extract more money from your card does not permit them to just use it.

Lowrys said:
Lawyer here: no offence but in the UK these sales can absolutely be revoked, if the pricing is a clear mistake, which it obviously is in this case.
Click to expand...

My job title includes the word "engineer" - that doesn't mean I should be set loose on repairing your boiler. No offence.
 
F

fernoca

Member
gossi said:
Indeed. Both digital stores (Sony) and retailers (Amazon etc) have revoked pricing errors before in the UK. In the case of Sony it was over Fallout 4, as it happens - they deleted people's licenses.

There's a lot of misinformation in this thread. If (when) your license gets revoked you're welcome to try suing Microsoft, it will only cost you years of your life and hundreds of thousands of pounds.
Click to expand...
Recently happened on PS4 in the US with Amplitude and that glitch that allowed to buy the PS4 and PS3 versions by grabbing the free demo.

They took a month or so to revoke licences.
 
W

witness

Member
I ended up getting the season pass, downloaded all dlc and started last night. If they take it away I'll just buy it because I'm really enjoying what I've played so far. Very interested to see what they do.
 
O

opoth

Banned
GankzyMcfly said:
Managed to snag the digital deluxe edition before the price correction. Any official statements from microsoft yet? I read some article about ms support saying all licences will get revoked but when i actually read the convo with ms support i legit laughed out loud at the journalist who thought 'this is a credible source', the convo was riddled with grammatical errors and classic support center script speach.
Click to expand...

Gotta get dem clicks.
 
D

DuckSlayer

Banned
This has happened before and ms has never revoked the liceses or back charged you. Theres is no reason to go offline or cancel your gold this is all misinformation by people trying to fool you.

I am playing it right now online i have previously downloaded things before in this situation its always the same u get to keep it end of story.
 
S

SensibleSucker

Member
Lowrys is right, in so far that, if an online price is clearly a mistake (that would be a subjective judgement of a court, based upon things like track record of previous massive discounts/giveaways etc.) then an online transaction could quite easily be non-enforceable. Also, the absence of any advertising stating that there was a giveaway would be relevant in any court consideration.

If, for example, MS were going to do a big sale and had intended to drop it by 50% (not not stated that specifically) and dropped it by 100% by mistake, it could easily be enforced.

Remember that when you click to pay, that isn't you entering into a contract. The retailer hasn't offered you anything yet. Their price on the website is an "invitation to treat". They invite you to make an offer, your click to purchase is your offer and it is the retailer that accepts. Not the other way around.

The potential wrinkle in this is that online retailers often use the actual dispatch of the goods as the moment of contract and the taking of money. This allows them time to see if there was a mistake before shipping, giving them breathing room to argue that the contract hasn't been entered into yet.

So if you actually downloaded the game and received a receipt with a zero balance on it, your product has "shipped" and your "payment/offer" has been accepted. It becomes harder to argue that the contract is not complete unless they go down the "obvious mistake" route.

Ultimately though, I'd imagine Bethesda would just suck it up and get a compo agreement with MS. The negative publicity would not really be worth it.
 
shanafan

shanafan

Member
T

TheChocoboCadet

Banned
DuckSlayer said:
This has happened before and ms has never revoked the liceses or back charged you. Theres is no reason to go offline or cancel your gold this is all misinformation by people trying to fool you.

I am playing it right now online i have previously downloaded things before in this situation its always the same u get to keep it end of story.
Click to expand...

Don't fall for it people. This is clearly a Microsoft account trying to trick us! YOU WILL NOT STEAL BACK THAT WHICH IS STOLEN!

I don't have an Xbox
 
D

Diablohead

Member
Mr. Enigma said:
This happened with Fable 2 on the Xbox 360 back in the day. It never got revoked. It still works on my 360.
Click to expand...

I was just thinking about that but it happened in a different way, major nelson either tweeted or blogged about fable 2 being free but hours later it was stopped, the stange thing is that my 360 has the game and it runs but my gamertag does not have record of the purchase, so I can't redownload it if I delete it.
 
D

DuckSlayer

Banned
Lashley said:
You'll last long here
Click to expand...

Your threats dont intimidate me. This situation as i and others have pointed out has happened plenty of times before and every single time downloaders kept the game and ms didnt charge them. It boggles the mind how there so many uninformed posters commenting .. Ive personally downloaded 3 games like this before im guessing most people dont even have an xbox let along have downloaded an accidental free game before from xbox?
 
T

Teepo671

Member
Mass Appeal said:
I would imagine Sony revoked it right since it was on the PSN store?
Click to expand...

Could be! I'm not really sure how this is going to work with Microsoft but Sony's recently revoked 2 licenses they accidentally gave out. Most folk here seem to know about the Fallout 4 season pass thing but more recently they also revoked the free copies of Amplitude they accidentally gave out.
 
You must log in or register to reply here.

Similar threads

Fallout 4 achievements are all currently broken on Xbox and won't unlock
Drama Community
29
2K
Bumblebeetuna replied
Fallout 4 players pissed that Next-Gen Update completely broke mods, corrupted saves, full of glitches
Drama Community 2 3
101
10K
recursive replied
Fallout - Series Reviews
15 16 17 18 19
932
58K
Fredrik replied
Circana April 2024: #1 Stellar Blade #4 Sea of Thieves #5 Fallout 4 #8 Fallout 76; PS5 #1 Units + Rev, Switch #2 Units Xbox #2 Rev
Sales-Age 2 3
149
9K
TheThreadsThatBindUs replied
Fallout 4 GOTY Edition huge reduction
2 3
123
10K
Rendered Tangent replied
Top Bottom