Lawyer criticises Horizon Forbidden West PS5 Upgrade:  When Sony announced the Horizon Forbidden West PS5 upgrade was not for free, as previously stated, some fans were outraged. Sony made amends to the situation by saying that it would offer the upgrade for free, but it would be the last free upgrade for any future PS5 titles. As the game gets closer to release, Hoeg Law attorney Richard Hoeg critiques Sony’s strategy.

Horizon Forbidden West‘s PS4 version was not confirmed until 3 months following the game’s first launch. However, Sony revealed that “dual entitlement” didn’t apply to the game about a year later. This means that the upgrade won’t be available for free, which is in stark contrast to the comments made by Sony Chief Executive Jim Ryan.

 In reaction to the backlash, Sony agreed to make the upgrade available for free. However, its actions have shown “duplicity and greed,” according to Hoeg. Hoeg.

Hoeg Twitter and in discussion with VGC Hoeg, on Twitter and in conversation with VGC, has criticized their actions in a wide range.

 For instance, in the PlayStation Store, the main pre-order option is for the $69.99 PS5/PS4 edition, but the price later mention as $59.99. Hoeg discusses Horizon Forbidden West‘s pre-order options as Sony “offering a PS4 version that comes with a free’ PS5 upgrade for $60 as well as the PS5 version that comes with the PS4 copy for $70. The same bundle. Price points at two different levels. With one of them displayed greater prominence than the second.”

Lawyer criticises Horizon Forbidden West PS5 Upgrade

He further explains that the PS4 edition of the game not purchased via the PS5 or any other way, should players decide to buy the game at a lower price in the official Sony FAQ about this, which states this. 

PS4 version not offered as an upgrade for free, making it more difficult for casual gamers. Hoeg believes this is crossing the limit between “deceptive” or “unfair” practices. Though some regulators might not think in the same way. 

This is an “eye of the beholder” scenario, he says. He also suggests that it could be a matter of fact in a class-action lawsuit.

“Many individual states (not to mention jurisdictions outside the US) have deceptive trade practices statutes that allow for civil actions, and it wouldn’t be surprising to see a request for plaintiffs coming from a class action firm on something like this, though it will depend on those firms’ analysis of what they think they can get out of a possible payday.”

VGC interviewed Hoeg about what he believes Sony should do in response to this issue. And his response was they should alter their strategy. 

While he believes that some issues could tied to licenses between the PS4 and PS5 generation. The most effective option, he says, is to offer the PS5 version of the console as expensive as its PS4 equivalent.

 The other thing to consider is to ensure that a PS4 version is more prominent. Mainly when it was on PS5 consoles, especially on PS5 consoles. And to let everyone know that it is a PS5 upgrade.

Horizon Forbidden West will be released on 18 February on PS4 and PS4, along with PS5.

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