When Sony revealed that the Horizon Forbidden West PS5 upgrade was not free, as previously mentioned, many fans were upset. Sony rectified this situation by saying the upgrade would be free, but it would be the last free upgrade for any upcoming PS5 games. Now, as the game nears launch, Hoeg Law attorney Richard Hoeg criticizes Sony’s approach.
Horizon Forbidden West’s PS4 version wasn’t confirmed until three months after the game’s initial reveal, but about a year after that, Sony revealed that “dual entitlement” didn’t apply to this game. This means the upgrade wouldn’t be free, standing in stark contrast to comments from Sony CEO Jim Ryan. Sony, in response to the backlash, did agree to make this upgrade free, but its actions sent have demonstrated “duplicity and greed,” according to Hoeg.
Hoeg, on Twitter and in discussion with VGC, criticized its actions widely. For example, on the PlayStation Store, the main pre-order button is for the $69.99 PS5/PS4 version, with it being later mentioned at $59.99. Hoeg describes Horizon Forbidden West’s pre-order options as Sony “offering a PS4 version with a ‘free’ PS5 upgrade for $60 and a PS5 version with a PS4 copy included for $70. Same package. Two price points. With one displayed more prominently than the other.”
He also explains that the PS4 version of the game cannot be purchased through the PS5 at all, if players were to opt for the cheaper price point, and the official Sony FAQ related to this still mentions that the PS4 version isn’t available for a free upgrade, making it harder for casual purchasers. Hoeg feels this crosses the line of “deceptive” or “unfair” practices, although some regulators may not feel the same way—an “eye of the beholder” situation, he describes—and says this could be something found 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 asked Hoeg what he thinks Sony should do in regard to this, and his response was that it should change course. Although he suspects some difficulty may tie into licenses across the PS4 and PS5 generation, the easiest solution, he suggests, would be to make the PS5 version the same price as its PS4 counterpoint. The second thing would be to make sure a PS4 version was more visible, especially on a PS5 console, and to make it clear everywhere that it comes with a PS5 upgrade.
Horizon Forbidden West releases February 18 for PS4 and PS5.
Source: Richard Hoeg (via VGC)
