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Just wondering but doesnt Atari handle the WItcher 2 distribution rights world wide (even for digital download services like gog and steam?)
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VoodooEconomist: You know, actually all these NZ problems (and I extend my full sympathy to all newzealanders who are inconvenienced by them) might prove to be an indirect solution to Australian ones.

1. It is prohinited to sell an uncensored version in AU.
2. GoG is contractually obliged to provide the same game to AU and NZ, otherwise the distributors might sue them, since it messes up their (misfortunate in face of censorship) distribution strategy.
3. An unofficial patch is released.

Now CDPR has an aliby to support it! They can with all seriousness claim it was meant for NZ users, who deserve the uncensored game. The Australian powers cannot argue with that, and all Australians patching their games do nothing illegal, since distribution of uncesored material is illegal, not the possesion, right?

Let's hope for the sake of all of us, that the patch comes out ASAP. And while I agree that everyone misled by this last minute change of rules has the right to a refund, I applaud CDPR and GoG for their efforts to fulfill their promises as much as they can, even though they're being hindered at each step. They are actually risking a lot by providing all those options, and in my eyes that makes up for the lack of proper warnings, since if they pull this off, that info would be useless anyway.

Soon all version will be equal (and the proletariat will rule the World)!
Thinking more about this I think it has a lot of merit. There is no reason why CD Projekt can't release an official patch for the NZ version (both digital and retail) to re-instate cut content. There should be nothing contractually preventing them doing this from Namco Bandai's point of view since they surely don't dictate what DLC or patches can and can't add as content. NZ has been rated, I think, for the uncensored version, so they all deserve this patch no matter where they got the game from. Australian's can rejoice and thank their friendly neighbour for solving their problem too, but the patch is not "officially" for them to use.

Even if NZ was rated with the censored version (I think it's got a 16+ rating) I don't think the added content would be an issue there.
@Lavec
You still don't get it? People DO NOT want the patch. They want the refund. Because when they get their refund they LOL and tell everyone I OWN CDPR & GOG because i'm right and I'm freaking happy and proud it!
Post edited May 15, 2011 by archaven
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archaven: @VoodooEconomist
These people don't give a sh1t bout the game.. They just want their refund because they felt their almighty principle always stands correct that i shall not be mislead to buy something i did not ordered even there's a simple convenient solution that is not acceptable to them.
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beedee: I actually care very much about the game and am looking forward to playing it. I'm a big fan of the first game and of GOG. I just care more about my legal rights and those of my fellow Kiwis. I'm quite proud of how good New Zealand's consumer protections are and I don't think any company should be able to think they can violate them. Thanks for generalising me.
What puzzles me is why you think this falls into New Zealand's jurisdiction in the first place. You accepted a policy/warranty when you created your account here, and as per the quote from the warranty page: "You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of or relating to the Service or the Terms of Use. "

I don't think the legal process is as easy as you think it is, but feel free to apply to New Zealand's Small Claims and see how that goes.
Post edited May 15, 2011 by Avantre
@archaven
There you go generalising again, careful or you'll get hammered :)

I'm not so sure. I think an official patch would fix the problem. They'll get their anchovies after all (sorry VoodooEconomist I couldn't help it).

You see the only reason GOG can't sell the uncensored version to NZ is because the retail version is censored, but if the retail version was to be given an official patch to "uncensor" it (saving Namvo Bandai the distribution problems), then there's no reason the GOG version can't then be uncensored for NZ from the start. Problem fixed for all except Australia but now there's an official patch floating around so they are more than happy anyway and can focus their energy back to the Australian censorship board and getting that R18 classification for games.
GoG should seriously consider stop distribute their games for Australia and New Zealand market in the future.
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wormholewizards: GoG should seriously consider stop distribute their games for Australia and New Zealand market in the future.
I didn't think there were any Australians left on GoG. Right, my fellow Americans? Hoorah and Apple Pie!

Seriously though, there's people who take this sort of line in every country in the world - it's sure not just an Oz or Kiwi thing. If the US had been handed a censored version, it'd be US people threatening to sue/recover their losses (no matter how much GoG made contortionists jealous by bending over backwards for its customers).
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Avantre: What puzzles me is why you think this falls into New Zealand's jurisdiction in the first place. You accepted a policy/warranty when you created your account here, and as per the quote from the warranty page: "You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of or relating to the Service or the Terms of Use. "
I notice you conveniently ignore the "Your use of the Service may also be subject to other local, state, national, or international laws." part.

Look, I'd really like this sorted out without having to resort to legal threats. I like GOG and have been a happy member for several years but their response to this issue has been completely lacking and unsatisfactory. Best way to spur a company into action when they're ignoring the concerns of their customers is to point out their failings in the eyes of the law.
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archaven: You still don't get it? People DO NOT want the patch. They want the refund. Because when they get their refund they LOL and tell everyone I OWN CDPR & GOG because i'm right and I'm freaking happy and proud it!
Why would anyone want that? I think in reality people from NZ just want the version of the game they thought they were buying in the first place. If they aren't going to get for whatever reason that then they've been sold something else. I don't know what the rules are in other countries, but in NZ that's against the law.

CDPR & GOG have been some of the most consumer friendly companies around so why would we want to harm them? Personally I'd just like to see them do the right thing. Refusing to sell the uncensored version is fine if doing so would violate their distribution agreements, but refusing to give a refund under these conditions is not.

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Avantre: What puzzles me is why you think this falls into New Zealand's jurisdiction in the first place. You accepted a policy/warranty when you created your account here, and as per the quote from the warranty page: "You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of or relating to the Service or the Terms of Use. "
I am not a lawyer, but one of the core principles of NZ consumer law is that you cannot sign away rights granted to you by the law when signing a license agreement. My understanding is that the entire agreement becomes null and void in that situation. This is why most license agreements for software around have exceptions to their clauses for specific countries where the local law does not allow the clause to be enforced.
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archaven: You still don't get it? People DO NOT want the patch. They want the refund. Because when they get their refund they LOL and tell everyone I OWN CDPR & GOG because i'm right and I'm freaking happy and proud it!
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mirumu: Why would anyone want that? I think in reality people from NZ just want the version of the game they thought they were buying in the first place. If they aren't going to get for whatever reason that then they've been sold something else. I don't know what the rules are in other countries, but in NZ that's against the law.

CDPR & GOG have been some of the most consumer friendly companies around so why would we want to harm them? Personally I'd just like to see them do the right thing. Refusing to sell the uncensored version is fine if doing so would violate their distribution agreements, but refusing to give a refund under these conditions is not.

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Avantre: What puzzles me is why you think this falls into New Zealand's jurisdiction in the first place. You accepted a policy/warranty when you created your account here, and as per the quote from the warranty page: "You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of or relating to the Service or the Terms of Use. "
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mirumu: I am not a lawyer, but one of the core principles of NZ consumer law is that you cannot sign away rights granted to you by the law when signing a license agreement. My understanding is that the entire agreement becomes null and void in that situation. This is why most license agreements for software around have exceptions to their clauses for specific countries where the local law does not allow the clause to be enforced.
Apologies for generalization. Apparently it was only directed to a minority who opt that they want the refund instead of the patch. If you actually read earlier threads you probably know who are the people who wants the refund instead of the game and patch.

Nice to hear there are still sensible people like you that can see CDPR and GOG are companies who actually cares about their customers. ALL future DLCs for TW2 will be free! Every single one of it. Only expansion packs will be purchaseable.. I rarely see such generous developers if not some will even charge you $5-$10 for Item pack DLCs! when the items was supposed to be in the game to start with.

They hinted that will be a fan mod ... most probably unofficial patch by the developers to correct the edited version. SO people please have faith in CDPR.
Post edited May 15, 2011 by archaven
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archaven: @Lavec
You still don't get it? People DO NOT want the patch. They want the refund. Because when they get their refund they LOL and tell everyone I OWN CDPR & GOG because i'm right and I'm freaking happy and proud it!
uh excuse me?
page fuckin 3, buddy. i basically say: HEY I WOULDNT MIND A PATCH RATHER THAN A REFUND. and to be honest, im pretty sure that if there were any concrete evidence that this was the case, most people would back off. but up till now, no one has said a peep. and THAT is what is annoying as well, the lack of communication with the people who bought the game
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archaven: @Lavec
You still don't get it? People DO NOT want the patch. They want the refund. Because when they get their refund they LOL and tell everyone I OWN CDPR & GOG because i'm right and I'm freaking happy and proud it!
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Blanko2: uh excuse me?
page fuckin 3, buddy. i basically say: HEY I WOULDNT MIND A PATCH RATHER THAN A REFUND. and to be honest, im pretty sure that if there were any concrete evidence that this was the case, most people would back off. but up till now, no one has said a peep. and THAT is what is annoying as well, the lack of communication with the people who bought the game
If they released or said they were going to release an official patch that decensors a scene that has officially been banned (or not accepted in the reviewed copy if the word banned is too strong) in Australia, the Australian Classification Board would order the game off the shelves in their country (they can do it - they did it with GTA 3). Legal repercussions would also probably ensue.

You're not going to get offical word or endorsement of a patch (unless the game is re-rated in Australia), and it's unrealistic to expect word of it through official channels. The patch will almost certainly come, and probably really quickly, but it will come from someone who is not clearly associated with the official company - either a true fan patch by some nice soul out there, or else a 'fan patch' that we can't prove wasn't made by a non-official fan.
Post edited May 15, 2011 by Avantre
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Avantre: If they released or said they were going to release an official patch that decensors a scene that has officially been banned (or not accepted in the reviewed copy if the word banned is too strong) in Australia, the Australian Classification Board would order the game off the shelves in their country (they can do it - they did it with GTA 3). Legal repercussions would also probably ensue.
For one the patch would be released for NZ and not Australia so I don't think they would have a say in it. It's not like the patch would be officially released for the purpose of Australia removing censorship so I don't see the issue. It's no different to a "fan patch" being released by the devs.
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archaven: @Lavec
You still don't get it? People DO NOT want the patch. They want the refund. Because when they get their refund they LOL and tell everyone I OWN CDPR & GOG because i'm right and I'm freaking happy and proud it!
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Blanko2: uh excuse me?
page fuckin 3, buddy. i basically say: HEY I WOULDNT MIND A PATCH RATHER THAN A REFUND. and to be honest, im pretty sure that if there were any concrete evidence that this was the case, most people would back off. but up till now, no one has said a peep. and THAT is what is annoying as well, the lack of communication with the people who bought the game
Please read page 5 pal... mezla1058 posted a reply from GoG support:

I apologize for the late reply. I'm afraid that all sales on GOG.com are final and I'm unable to offer you a refund for this order. While the game's FAQ hasn't been updated with information about New Zealand customers having access only to the Australian version at first (the FAQ has since been updated), please keep in mind that every other version of The Witcher 2 available in New Zealand is the edited Australian version as well.

Now, although I'm unable to offer you a refund, nor an unedited version (we're legally required to offer the edited version to customers from Australia and New Zealand), I would like to point out that unofficial "fan patches" that will re-enable the edited content will surely be released shortly after The Witcher 2 comes out.
Although this is inconvenient, it will enable you to play the game as CDP RED had envisioned it. It is also the only way to play the game this way, as the Australian version is (to my knowledge) the only version distributed in New Zealand.

Regards,
Firek

GOG.com Support
AND What he say to support staff?

Nice way of saying: Fuck you.
Well... fuck you too GOG and CDPR. I will definitely follow it up with my bank and Ministry of Consumer Affairs now.
Post edited May 15, 2011 by archaven
This is just going around in circles.

Unofficial "fan patch" <> Official patch.

What these NZers are asking for is what they thought they were buying, the same version the rest of the world is getting. What they got was the Australian version so they either want their money back from GOG or GOG to provide a patch. Simple.