Sony Sued Because Killzone: Shadow Fall's 1080p Graphics Aren't Totally 1080p

A class-action lawsuit is seeking more than $5 million, alleging consumers were misled by Sony

A class-action lawsuit has been filed against Sony Computer Entertainment America alleging consumers were misled by the company's claims that the PlayStation 4-exclusive Killzone: Shadow Fall features 1080p graphics in its multiplayer mode, which came into question earlier this year.

The suit, filed by a gamer by the name of Douglas Ladore in U.S. District Court in California yesterday, claims that gamers "quickly noticed and complained that Killzone's multiplayer graphics were blurry to the point of distraction." This is despite Sony having claimed the game would offer "'1080p' multiplayer graphics, a crowning achievement in the video game industry," and having even featured the 1080p figure on the game's box.

Ladore is seeking to prevent Sony from continuing to advertise the game as being 1080p, and is looking for damages--to the tune of more than $5 million.

A Digital Foundry report earlier this year revealed that the game uses technical trickery--a technique called temporal reprojection--to achieve its resolution. The lawsuit says this is meant to provide "'subjectively similar' results" to full 1080p, but that it just isn't the same.

It attributes the game's sales to these claims of 1080p graphics, saying people were misled. "Because of the dozens of reports about Killzone's next-generation multiplayer graphics, along with the unqualified '1080P' label on the game's consumer-facing technical specifications, over 2 million consumers purchased Killzone: Shadow Fall," the complaint states. "Unfortunately, Sony's marketing and on-box representations turned out to be nothing more than fiction."

Complaints about blurry multiplayer graphics are then cited before bringing up the aforementioned Digital Foundry report, which found the game's multiplayer uses a 960x1080 framebuffer in order to run at 60 frames per second. Developer Guerrilla Games said in response that it would be more precise about its language in the future. But because things like the box haven't been modified to remove what the lawsuit calls "an unqualified '1080p'" listing, "millions of consumers have been tricked into paying full price for a video game that doesn’t deliver what is promised."

The complaint goes to describe the "console war" between Sony and Microsoft, claiming Shadow Fall's success was "imperative to Sony and the ultimate success of the PS4."

Ladore, who bought the game in May at Best Buy, claims--in what might be the most ridiculous part of this lawsuit--that he "examined the Killzone retail packaging and confirmed that Killzone would deliver an unrestricted 1080p graphics resolution" before making his purchase. Had he known the full story, he allegedly "would have not have purchased Killzone at all, or would have paid substantially less for it." The lawsuit even for some reason notes, "Relying on those reports, Plaintiff chose to purchase the Killzone video game using Best Buy's 'free store pickup' service. Thus, Plaintiff reserved a copy of Killzone on Best Buy's website and traveled to a local Best Buy store to complete his purchase."

When contacted for comment, Sony declined, citing its policy of not addressing pending litigation.

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MrBlondeX

Chris Pereira

Twitter/Xbox Live/PSN/Nintendo Network: TheSmokingManX
Killzone: Shadow Fall

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1187 comments
tony56723
tony56723

This guy is trying to five million out of this? What an i-diot. Funny how this probably has nothing to do with the game and had all to do with him getting a ridiculous amount of cash.

jknife
jknife

@tony56723 You do know he won't get all of it right? A class-action lawsuit is where a lot of people sue one party. So anyone that had bought Killzone would be eligible for a cut of that amount.

BlackBaldwin
BlackBaldwin

Wait since I brought this game at launch do I get a piece of that 5mill if not then drop the suit all together because the game was decent even if false advertised slightly..

xrizz1066
xrizz1066

Christ in America they really will sue anybody for anything. More likely someone sees an easy opportunity to make a quick buck. As defending this would cost too much money

Stepn2myworld
Stepn2myworld

Litigation is only way to get anything solved or hold anyone accountable for their actions.  If the developer states on their advertising material that the game is 1080p and it is later discovered that it isn't, then the developer presented false advertising. Is it worth $5 million? No! A fine by a proper government agency and a refund if desired? Absolutely.

This lawsuit is the prime reason companies like Sony and Microsoft want us to sign away our rights to litigate, forcing us to resolutions "outside" the courtroom.  

ArchoNils2
ArchoNils2

America: the country where everyone can sue everyone over everything

death4us2
death4us2

Bethesda does the same thing on the Ps3 with Skyrim but with 720p so its not like the first time it happens. They need to set a true standard for resolution because you can turn a 720p into a 1080p which doesn't look as good and many don't care. The guy should've really sued for in the 100 of thousand to win. That is what is wrong with consoles they constantly trick people into converted hd which was sd beforehand.

blackace
blackace

This is hilarious. Sony sued again because of their lies or poor customer service. What else is new. Why isn't this story on the front page of Gamespot. I actually had to good it just to find it. Eddie is slacking.

Feenspear
Feenspear

Wow what a suck@ss This Douglas Ladore is... Soo bluurry i couldnt play..
waaaiiiinnnn cry...

MuffintopX
MuffintopX

Sony doesn't care, this case will be settled out of court. They already sold all the games and consoles they needed to related to this.

Mantan911
Mantan911

All the sony fans saying that they didnt see the difference are kind of defeating their own point in these silly "resolution wars"

blackace
blackace

@Mantan911 It's called Damage Control, which Sony fanboys love to do when it's something negative about the PS4 or Sony.

kadaverhagga
kadaverhagga

Only in america can you sue for such sums for ridiculous reasons like this. He should of course be entitled to his money back but that is about it. 5 million... going to court... for this?


"Shadow Fall's success was imperative to Sony and the ultimate success of the PS4".. LOL

That crap game is NOT why the ps4 is so successfull.

kadaverhagga
kadaverhagga

@Mantan911 @kadaverhagga Yes, and normally you might be slapped with warnings and if they ignore them, fines but a single person buying this game recieveing 5 million dollars... what, did his eyes bleed out with the sub 1080 res? Was he permanently damaged and scarred? What is his reasons for wanting 5 million in compensation for this?


Here in sweden a case like this would mean he would get his money back and maybe in a best case scenario would get a sum covering one ore two more games as compensation. Then the course of action would be to order the company to change it's marketing of said product and come out with proper information. If they ignore that then they will be fined or worst case, they are prohibited from selling the game at all.

Jew1
Jew1

@kadaverhagga it's a class action lawsuit. do you realize that means that any consumer who experienced similar problems can get part of the punitive damages. So the 5 mill isn't going to just him, this is essentially a refund for him and any other gamer who subsequently files for damages. However video game companies are very good at scheming their way out of anything in court. Activision happily fired off the original IF team because they didn't want to pay them and got out of that lawsuit. Gearbox and sega scammed their way out of the A:CM law suit for not having graphics anywhere close to what the trailers show. The suit against ME3 never made it to court for the devs lies about the biggest possible multiple ending ever with a trilogy that connects every lithe choice you make and is not a simple A B or C ending....which it turned out to be pick ending Blue, Green, or Red, which are pretty much the same cutscene other than what happens to in the 5 seconds to Shepard. It's sad. These companies/industries should be held accountable just like any other one when they false advertise or reveal a cheapened product just to cut costs. It's setting a bad path for what gaming will turn into over the coming years. By the time the next gen of consoles comes out after the ps4 and xbox one, companies will probably just give us something equivalent to gameboy because they can get away with it (I'm making a point here, not necessarily actually expecting this will happen). 

kyacat
kyacat

5 million is to much to  sue over graphics and hope Sony win

blackace
blackace

@kyacat Yeah, he won't get that kind of money. The most I can see him getting is his lawyers fees paid and maybe $1000 for paid ans suffering. lol!!

russell210
russell210

It's true though - Sony did do a lot of mis-leading this generation to try and gain favor.  I have a friend who bought a PS4 and he regrets not getting Xbox one... says it's basically a PS3 with newer graphics and wishes he had Kinect for TV integration.  I had a PS3 and 360 last generation so I'm hardly a fanboy, but the nail in the coffin was when Sony initially planned to launch their "Eye" for the PS4 but then backed out and mocked Microsoft for including it after they saw customer reaction.  There's a lot to be said about that company's integrity, outside of Microsoft who has received more criticism than it deserves for being honest and trying to push the boundaries.

blackace
blackace

@russell210 They do a lot of misleading every generation. This isn't something new.

Hoski0999
Hoski0999

Blurry to the point of distraction? Might want to start looking into Sueing your TV Company first. Better yet start looking at actual issues in the world :)

cablemodemx2
cablemodemx2

Five million dollars for damages? Obviously, there is some sort of brain damage in this case, but I don't believe the blame can be laid at Sony's feet for it.

Rushaoz
Rushaoz

This guy isn't going to win this case. 1080p only means 1080 vertical lines, not 1920x1080. It's a loose term. Killzone is still technically 1080p because of this. It runs at 960x1080.

Also, this is nothing new. It's been happening since last gen where there back of the game box says 720p or 1080p but the game runs at a sub level HD res like CoD running at 1024x600 or Gran Turismo 5 running at 1280x1080.

Red_Frog
Red_Frog

@Rushaoz  You're right, this guy probably isn't going to win anything. However, 1080p is not a loose term. It's a standard term meaning 1920x1080 because that's a 16x9 aspect ratio of square pixels. Nobody buys a 1080p monitor or TV to get cheated with a 1x1080 resolution. The only thing that's loose is developers ability to squeeze it out of modern console hardware while maintaining all the bells and whistles they feel like they need to add.

TacoTuesdays
TacoTuesdays

I think suing for 5 million is a bit much but Sony knew what they were doing false advertising to everyone. The resolution war right now is a huge part of the war between both these consoles and if people knew the ps4 couldn't do the so called 1080p on there day one release it could have changed peoples decision. Sony didn't want that to happen. This isn't the first time they have lied this Gen

ExtremePhobia
ExtremePhobia

I think this resolution thing has gone a *bit* too far. The game looked pretty but the last thing from my mind was the technical wizardry of the resolution. It was 1080p or damn near close enough that I couldn't tell. But I guess that'll show Sony. When you advertise, you have to aim low. You can't give an approximation because that one time your approximation is wrong, you'll get sued for it. It's the same in every industry, regardless of how ludicrous it is.

mr_nee
mr_nee

I'm sueing MS they said it will be all in one entertainment machine, but it doesn't have a DVB-T tuner and that brick addon doesn't have a smart card reader

darthnayus
darthnayus

$5 millions is ridiculous.... but I hope he wins. How many publishers and developers have promised amazing graphics and at the end they never deliver? Publishers must learn the lesson otherwise we will continue being deceived

KiriharaZro
KiriharaZro

@darthnayus 

yeah, for example in the back of Castlevania LoS2 says its 1080p native while really its 720, and like this there are a lot of games

179107199999
179107199999

@darthnayus Seriously. All the stupid stuff that happened over the years and this fool is "upset" over resolution? And you hope he wins over this? Lawsuits should happen over games being sold as full games but you have to pay for full content. I can't recall all of the stupidity over the years but a lot of stupid things did happen and not many cared. I find it foolish to sue over resolution and even more foolish to agree. That "deception" is petty.Netherrealm studios is making a new MK and Injustice.You know their going to sell the game partially complete and bomb consumers later on with DLC until they release a full version. Also that fool said it was distracting. If it was distracting for him then he should've traded the game in or try it before he brought it. I still can't believe the " Publishers must learn the lesson" bit. Honestly, in all reality you're saying they should learn the lesson on this but not on cheating and bad mouthing consumers. There's more important issues out there and somehow you and your champion have missed them.  That's what's wrong with the majority of gamers.

darthnayus
darthnayus

I agree that there is more important issues than resolution but if you are marketing with this then you must deliver. Just came to my mind BF4 or simcity, those games did have issues, and EA didn't care and released them as perfect and people bought them at full price (including me). This is what I mean with "Publishers must learn the lesson", because to me is unbearable to buy a broken game, it is their job make quality products, if not, costumers have the right to sue. For people like you who buy broken games then "trade them" is why we continue get screwed over, trade the game in is not part of the solution, it is part of the problem. Quality must be in every job done, for example, I am structural engineer and if I do something wrong in my job I know I can get sued, another example could be if a surgeon screws you, I am sure you would want a compesation. I know that you could argue the level of responsability is different for a game publisher and a MD but at the end of the day it is a matter of quality. Finally, what I meant by hoping he wins is that publishers will be more careful in releasing broken games because there will be a precedent of sue

bjvill
bjvill

Seems to be a lot of "buy-the-hype-then-file-a-class-action-lawsuit" going around...

not_even_goten
not_even_goten

"bought the game in May at Best Buy", 2 months after killzone (true) resolution came out. yeah I was for this guy because he had a point but now he is clearly doing it for the money and that's on the off chance he'll win.

daniel_1288
daniel_1288

Seriously? Is it all Sony's Fault for misleading? The person maybe possibilty just graduated from kindergarden. No common sense at all

daniel_1288
daniel_1288

Whoever is acting stupid complaining the graphic. I can say he is dump. Leave the company alone and let them progress for better games. There is a lot of games out there stated 1080P but who know's what TV he owned. In order for the person to play with the top graphic, the TV must be compatible. Common sense.

daniel_1288
daniel_1288

I believe that idiot must be using a 1950s TV to play PS4 games. It really pissed me off when I saw the article that SONY is being sued. FOR WHAT? Damn that fool. I hope he gets pay back from Sony regardless

daviz88
daviz88

this is extremely pathetic.

deadpen
deadpen

Can I sue nintendo over the power glove?

KimCheeWarriorX
KimCheeWarriorX

@deadpen for how much? because ill join you on that one. i actually used my paper route money to buy it when it first debuted and i want it back, heh.

whichonespink73
whichonespink73

Good god I can't help but hate most gamers for the insufferable nerd rage. The only other people with such entitlement issues are rapey bros and two-year olds. Get over yourself 

GunEye
GunEye

I am suing From Software for misleading us to think Dark Souls 2 will have a special dynamic shadow/light engine! DAMN THEM ALL!

CaveManCobb
CaveManCobb

Can I sue gamespot for misleading article titles?

KelpsterD
KelpsterD

I'm an xbox fan (although I'll be getting a PS4 soon just cause they have some awesome SP games!) and I think this is absolutely ridiculous.


The game cost him $70ish? and he wants $5 million because his feelings are hurt? 

Go f*** yourself.