Killzone Resolution Lawsuit Given Green-Light by Federal Judge
A federal judge is letting a guy sue Sony due to Killzone Shadow Fall's resolution being less than its advertised display of 1080p.
Kotaku UK reports that Douglas Ladore will be taking Sony to the legal battlefield over him being upset that Killzone Shadow Fall's display wasn't what Sony advertised it to be. Shadow Fall was rendered at 960 by 1080 and upscaled to 1920 by 1080. According to Kotaku, Ladore has a month to file an amended complaint against Sony.
Sony originally wanted to have the case thrown out, but a U.S. District Judge Edward Chen dismissed only two of the three objections the company had (it would have needed all three dismissed):
Sony moves to dismiss the complaint on a number of grounds, including that its representations about Killzone’s multiplayer graphics were not false, that Plaintiff failed to adequately plead reliance on any alleged misrepresentation, that the Killzone video game is not a "good" so as to come under the auspices of the California Consumer Legal Remedies Act (CLRA), and that the economic loss rule bars Ladore’s tort claim for negligent misrepresentation. The substantial majority of Sony’s arguments are premised on an unduly narrow reading of Plaintiff’s complaint, and suffer an additional fatal flaw – to grant Sony’s motion, the Court would need to draw all reasonable inferences in favor of Sony. Indeed, only one of Sony’s arguments has merit: Plaintiff’s negligent misrepresentation claim, as currently pleaded, is barred by the economic loss rule. Thus, Sony’s motion is denied in significant part.
Stay tuned and we'll provide up-to-date coverage on Ladore's lawsuit against Sony once more information is available.