A judge has rejected Sony’s bid to get a class action lawsuit against the company dismissed. The lawsuit aims to refund those that bought PS4 launch title, Killzone Shadow Fall, after it was revealed that the game’s multiplayer component did not run at 1080p resolution, despite all advertising claiming otherwise.
Sony attempted to get this lawsuit dismissed based on a number of counter arguments but ultimately could not convince the court. However, according to Courthouse News, the original complaint against Sony needs to be slightly ammended before the suit can proceed.
Back in March, an analysis performed by Digital Foundry revealed that Killzone Shadow Fall’s multiplayer ran at 960×1080 resolution, which is significantly lower than full 1080p (1920×1080). The lawsuit’s chief plaintiff, Douglas Ladore, claimed back in August that “gamers quickly noticed and complained that Killzone’s multiplayer graphics were blurry to the point of distraction.”
Judge, Edward Chen, rejected Sony’s bid to dismiss the suit because all but one of the counter arguments “either ignore important factual allegations… or they require this court to construe the complaint in the light most favorable to Sony”.
The one counter argument that was accepted (which has not been disclosed yet), means that the plaintiff now has 30 days to amend his claim and proceed with the lawsuit.
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KitGuru Says: Sony is not having a very good month at all. However, in this case, Sony did heavily market Killzone Shadow Fall as a 1080p title, when it in-fact isn’t. Sony will likely come up with a settlement agreement some time next year to make this go away. What do you guys think of this?