Retail PC versions of Deus Ex: Human Revolution comes with a free OnLive code that users can use to redeem a free console, GameStop felt a threat to their business and strips out all the coupons before selling the boxes.
The retailer decided to not participate in the promotion by opening new PC copies of Deus Ex and removing it themselves and then selling them as new.
A GameStop rep confirmed that the company are removing the vouchers saying, “Square Enix packed the competitor’s coupon with our DXHR product without our prior knowledge and we did pull and discard these coupons.”
According to a statement from GameStop’s legal department:
Regarding the Deus Ex: Human Revolution OnLive Codes: We don’t make a habit of promoting competitive services without a formal partnership. Square Enix packed the competitor’s coupon with our DXHR product without our prior knowledge and we did pull these coupons. While the new products may be opened, we fully guarantee the condition of the discs to be new. If you find this to not be the case, please contact the store where the game was purchased and they will further assist.
According to Methenitis, GameStop’s actions were “probably legal.” The packaging of the PC version of Deus Ex: Human Revolution makes no mention of the OnLive promotion and, as such, GameStop can’t be accused of false advertising or deceptive trade practices. “From the consumer angle,” said Methenitis, “there’s not much.”
The corporate angle, on the other hand, could be a different matter. If there was an agreement between Square and GameStop prohibiting such a promotion, GameStop could be “completely justified” in its action. Absent of such an agreement, “OnLive and or Square may have a claim against GameStop for tortious interference or something else based on the activity.” That said, without any details as to the distribution agreement, the legal implications of GameStop’s actions remain murky.
Regardless of any legal repercussions, the court of public opinion certainly isn’t looking kindly on the retailer.
At the end of the day, GameStop had sent another message out to its retail locations, this time to pull all PC copies of Deus Ex: Human Revolution from shelves to be returned to its publisher Square Enix. The PC versions has also been pulled from the GameStop website. Console versions are still available for sale.