GameStop Removing Deus Ex OnLive Coupons From Its Retail PC Copies. Amazing.
The PC version of Deus Ex Machina that was released this week comes packaged with a coupon for a free OnLive version of the game. This angers the mighty GameStop, who has instructed its employees to open those new copies and take take those fuckers out.
Joystiq:
GameSpy is reporting that GameStop employees received notice yesterday that they were to open new PC copies of Deus Ex and remove the free OnLive token. To repeat: GameStop employees were told to open new copies and remove contents intended to be sold with the game.
A GameStop representative confirmed to GameSpy that the company is removing the tokens, saying, “Square Enix packed the competitor’s coupon with our DXHR product without our prior knowledge and we did pull and discard these coupons.” Indeed, some of our own commenters claiming to be GameStop employees said the same thing in our post revealing the OnLive promotion yesterday.
Joystiq asked Mark Methenitis For Legal Analysis:
According to Methenitis, GameStop’s actions were “probably legal.” The packaging of the PC version of Deus Ex: Human Revolution makes no mention of the OnLive promotion and, as such, GameStop can’t be accused of false advertising or deceptive trade practices. “From the consumer angle,” said Methenitis, “there’s not much.”
The corporate angle, on the other hand, could be a different matter. If there was an agreement between Square and GameStop prohibiting such a promotion, GameStop could be “completely justified” in its action. Absent of such an agreement, “OnLive and or Square may have a claim against GameStop for tortious interference or something else based on the activity.” That said, without any details as to the distribution agreement, the legal implications of GameStop’s actions remain murky.
Those are some impressive sized balls on GameStop. Just up and opening the games and yanking out the codes. Regardless of the legal ramifications, the concept on their behalf of opening games and selling them as new (not a new practice of theirs I know) after yanking out a coupon packaged with it is goddamn amazing.