Gunman121 said:
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1) I'd get another game. Same difference. Point is I'd get to keep the value of my money in a different product.
2) can they play the game? No. Then its broken.
3) He should qualify for a refund because EA is not holding up their part of the contract. They have not delivered a working product on the date they said it would work.
EA made a promise when they took his pre-order. That promise said they'd deliver the game he was saying he was buying. They instead gave him a worthless download. All of them who don't want to wait, should be allowed refunds minus their pre-order bonuses if applicable. This not expecting anything beyond what is appropriate consumer protections.