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  1. #1
    Player
    Gwenorai's Avatar
    Join Date
    Feb 2019
    Location
    Ivalice
    Posts
    1,162
    Character
    Dyslexius Nervar
    World
    Odin
    Main Class
    Reaper Lv 90
    Quote Originally Posted by Crushnight View Post
    So was looking at EU law regarding misleading advertisement and this it what found:

    link: https://eur-lex.europa.eu/legal-cont...x%3A32006L0114

    Article 2: (b) ‘misleading advertising’ means any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor;

    and

    Article 3

    In determining whether advertising is misleading, account shall be taken of all its features, and in particular of any information it contains concerning:

    (a)

    the characteristics of goods or services, such as their availability, nature, execution, composition, method and date of manufacture or provision, fitness for purpose, uses, quantity, specification, geographical or commercial origin or the results to be expected from their use, or the results and material features of tests or checks carried out on the goods or services;

    (b)

    the price or the manner in which the price is calculated, and the conditions on which the goods are supplied or the services provided;

    (c)

    the nature, attributes and rights of the advertiser, such as his identity and assets, his qualifications and ownership of industrial, commercial or intellectual property rights or his awards and distinctions.


    So with Viera under EU law (does state individual members may have additional laws so went with pure EU since covers all that area) SE not stating or showing males is fine nothing misleading there you will get exactly what they are currently advertising. We the players may know males exist but no advertisement involving Viera have males and thus no breach has happened
    Aye, that's fine. It's the fact they're saying 'The Viera' and not 'Female Viera' They should be putting down a disclaimer if its genderlocked - especially since you have to pay up to have the race unlocked. Anyone who knows their lore about Viera knows that the males exist, and in a game where none of the races is genderlocked at the moment it warrants the question 'So, is this female only?' And sadly we don't have the answer for that.

    Hence why I think they're advertising the minimum - the females. They're not going to step on any toes by 'adding' onto it - only by taking away.

    We don't have a disclaimer so far, so that's 'good'.
    (3)

  2. #2
    Player
    Crushnight's Avatar
    Join Date
    Dec 2014
    Posts
    2,345
    Character
    Jets Down
    World
    Gilgamesh
    Main Class
    Dancer Lv 90
    Quote Originally Posted by Gwenorai View Post
    Aye, that's fine. It's the fact they're saying 'The Viera' and not 'Female Viera' They should be putting down a disclaimer if its genderlocked - especially since you have to pay up to have the race unlocked. Anyone who knows their lore about Viera knows that the males exist, and in a game where none of the races is genderlocked at the moment it warrants the question 'So, is this female only?' And sadly we don't have the answer for that.

    Hence why I think they're advertising the minimum - the females. They're not going to step on any toes by 'adding' onto it - only by taking away.

    We don't have a disclaimer so far, so that's 'good'.
    aye i don't like it either but it currently is fine as an advertisement only people who know Viera are asking where are males? whereas those who don't know Viera are asking(if they are asking) So is this female only? and its this greyness that i don't like there is nothing wrong with it but it feels wrong kinda hard for me to put into words :s
    (2)
    Guy butt is best butt <3

  3. #3
    Player
    Iscah's Avatar
    Join Date
    Nov 2017
    Posts
    14,079
    Character
    Aurelie Moonsong
    World
    Bismarck
    Main Class
    Summoner Lv 90
    Quote Originally Posted by Crushnight View Post
    aye i don't like it either but it currently is fine as an advertisement only people who know Viera are asking where are males? whereas those who don't know Viera are asking(if they are asking) So is this female only? and its this greyness that i don't like there is nothing wrong with it but it feels wrong kinda hard for me to put into words :s
    But it's no different to not-advertising something else that may or may not be in the game. They don't need to outline every location, dungeon and monster that will be in the story, so from a legal/advertising standpoint I don't see the presence-or-absence of male Viera as being an issue.

    They have advertised some things that will be in the game; Viera-as-currently-shown are one of them. We will get the Viera shown in the press pictures, and thanks to character customisation we will certainly get Viera designs that are not shown in the press pictures.

    If they revealed male Viera and then only later said they were unplayable, that might be a different issue. But right now, for whatever reason, they have very deliberately said nothing about them. Therefore they have not actually promised anything, even if you might assume otherwise.
    (6)

  4. #4
    Player
    Crushnight's Avatar
    Join Date
    Dec 2014
    Posts
    2,345
    Character
    Jets Down
    World
    Gilgamesh
    Main Class
    Dancer Lv 90
    Quote Originally Posted by Iscah View Post
    But it's no different to not-advertising something else that may or may not be in the game. They don't need to outline every location, dungeon and monster that will be in the story, so from a legal/advertising standpoint I don't see the presence-or-absence of male Viera as being an issue.

    They have advertised some things that will be in the game; Viera-as-currently-shown are one of them. We will get the Viera shown in the press pictures, and thanks to character customisation we will certainly get Viera designs that are not shown in the press pictures.

    If they revealed male Viera and then only later said they were unplayable, that might be a different issue. But right now, for whatever reason, they have very deliberately said nothing about them. Therefore they have not actually promised anything, even if you might assume otherwise.
    Which is what my post is about it's not a legal issue it's a personal one i just don't like how they have advertised Viera.

    They do not have to show/advertise everything but what they do advertise has to be delivered unless stated it is not possible with the advertisement ie 'Not in game footage', the only instance i have seen SE actually mislead on advertisement for ffxiv has been the 3.1 trailer where they show mechanics of dungeon bosses that never happen in game everything else has been fine by legal standpoint maybe 4.1 trailer using eureka music
    (2)
    Guy butt is best butt <3

  5. #5
    Player
    InkstainedGwyn's Avatar
    Join Date
    Oct 2017
    Posts
    1,236
    Character
    Souji Hanamura
    World
    Exodus
    Main Class
    Astrologian Lv 90
    Quote Originally Posted by Crushnight View Post
    Which is what my post is about it's not a legal issue it's a personal one i just don't like how they have advertised Viera.

    They do not have to show/advertise everything but what they do advertise has to be delivered unless stated it is not possible with the advertisement ie 'Not in game footage', the only instance i have seen SE actually mislead on advertisement for ffxiv has been the 3.1 trailer where they show mechanics of dungeon bosses that never happen in game everything else has been fine by legal standpoint maybe 4.1 trailer using eureka music
    Unfortunately, that's how marketing works. If they'd just announced everything one way or another, it wouldn't have been anywhere near as popular a topic. If we knew from the get-go that Viera were gender-locked, there would have been about a week of rage and then people would have moved on - look at BLU. It still comes up once in a while, but mostly people ignore it. And given that Paris was only a few days before presale, they would probably have hurt their preorder sales. If they'd announced the males with the females, there would have been some rejoicing, and after a few days there would only be a handful of really happy folks discussing their plans and a handful of unhappy folks talking about how wrong the look is, and everybody else would be content to sit back and wait for the benchmark.

    Humans thrive on drama, controversy, and the unknown, and marketing takes advantage of that. They know how popular Viera was to the fans, and I don't think they wanted to risk playing with hype over another class seeing that BLU has soured people and any speculation about GUN would probably have trended much more pessimistically than this has. Either way, if they'd announced one way or another already there wouldn't be a 311-page thread with people working themselves into a froth of anticipation over the final info.
    (3)