FilaBrasileiro said:
Comrade Tovya said:
First and foremost, it's not illegal. Just like if you tell a girl you are 14" and you are not, she can't win a judgment against you for lying about your manhood... she'll just kick you out of bed. I know law because I get sued about 20 times a year because of the business I'm in, so you are better off not arguing law with me.
Secondly, a good example is this very week... MS declared they had beat Sony in console sales 3:1 when the fact was that they beat them about 2:1. Not bad numbers by any means, but they were 500,000 consoles off in their sales numbers.
Manufacturers have always lied about sales numbers to cause buzz about their product. It's PR BS, and everyone does it. Hell, I have my employees do it everyday... it's part of business.
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Your analogy doesn't really work because you're dealing with 2 people, not companies dealing with investors. if MS outsold Sony 2.5 - 1, then they just round up to the nearest integer, which is still legal, plus they can always say their "Europe" is different than "Sony" Europe. If they tried to say that with shipped numbers then it would be illegal, i.e. they could not say we sold 3 million and Sony sold 1 million, they would have to say we sold 2.5 million and Sony sold 1 million.
What you're suggesting is illegal, Namco cannot say they shipped 2 million copies of SCIV if they only shipped 1.6 million copies, that is illegal. No ifs about it.
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I'm sorry, but you are wrong. MS likely did ship as many units as they did, but they did not sell as many to customers via their distributors as they implied.
Secondly, it's absolutely not illegal to say you shipped more than you did. It is quite embarassing for a company to wrong however.
It would be illegal for MS to say that Sony stole their technology if they don't have the proof to backup the claim. An accusation requires proof or a civil suit can be brought against you for defimation of character at the very least.
Saying you sold 30 million copies of a game you only sold 300,000 copies of is not illegal, it's just embarrassing. You don't know anything about law... which is understandable, because not a lot of people do.
It is immoral, don't get me wrong, but it's by no means illegal. If you think it is, just look up civil code and prove me wrong. Better yet, don't waste your time, I've been sued for similar things before. A judge won't even look at the case unless you can provide undeniable proof that a companies misinformation had direct consequences on your products' bottom line... and even then a judge is likely to throw it out.