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Very true, but they have put themselves in the position of being able to make any claim at all, no matter how wild, simply by showing up first.

Not cool, IMO, but that's one way to market a game against the best established franchise within the genre.

What other approach would they take? Ignore the competition completely or come up with something brilliant like "Still second best, but vastly improving!" Or maybe "Still second best, but still the best driving game on Xbox!"