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Legally... I'm not sure what the damages would be. If anyone who bought the game under false pretenses, what could consumers sue for? I could potentially see other devs filing a lawsuit arguing that they had diminished coverage in gaming media based on cyberpunk hype, or that customers may have not purchased their game because they were holding out for Cyberpunk.

But as for consumers... I don't see the damage. And I am generally opposed to punitive damages except in very rare cases, as in if they are specifically statutory.