While I agree on the impossibility of validating the exact borderline between promoting and over promoting, I think it's not quite as hard to categorize a game to be on either side of said line. You might agree there, as you were easily able to distinguish which of the 6 game titles belong to either side. You named 6 interesting examples, 3 of which based their (previously mentioned) "continuous hype" on the game itself. This is, as previously mentioned, entirely in the hands of the consumers, because the consumer can validate whether the product they purchased was worth the money. You also pointed out 3 game titles which built up their marketing into hype, all of which have quickly proved themselves to be magnificent flops.I still disagree. It's impossible to validate exactly where a product becomes "over-promoted". That's entirely subjective, based on a large number of variables that are all outside of CDPR's control. This is always up to the consumer base. There have been numerous games that didn't have any advertising campaign worth mentioning, and they went completely viral entirely on their own merits. Look at Farmville, Minecraft, or Valheim. We've also had studios that invested heavily in very aggressive advertising campaigns, and few players even looked in their direction. Consider Too Human, Haze, or Homefront.
This is exactly my point. A customer doesn't need to draw a straight line at a given value and isn't supposed to distinguish good games from bad ones based on that line. The border between those is not a straight line, this is why one isn't able to draw this way. Lines are straight. That "artificial line" is fluid, blurred, constantly changing with a handful of variables, all of which lay in the eye of the beholder. However the customer should be able to tell, on which side of the artificial line the game belongs, in his own mind and opinion. Without necessarily being able to name the exact distance between their purchase, and the non existing line of validation.
Technically speaking you're right. There is no law which explicitly states a studio is liable in such cases. There is no law book that supports my point of view, and the likelihood of finding a court judge that would part with me is probably in the negatives.No studio is responsible for how much excitement their advertising generates. No studio is responsible for players' preferences or the way they choose to define subjective terminology, like "immersive", "next-gen", or "role-playing". Expectations are up to the individual. Trying to superimpose personal ideology onto someone else's words is guilty of the fallacies of both hasty generalization and false dilemma. There is no universal definition for terms like this, and the listener's interpretation does not automatically overrule the speaker's interpretation.
Practically speaking the studio feels it's responsibility in the financial aspects. An over-promoted product will leave blanks in the places where money was supposed to be. That being said, I'm not calling CP77 a financial disaster, they made their fair cut. I have no way of proving that, but i suppose the sale expectations for 2020 weren't met though. The latest investor call has shown the expectations for 2021 weren't.
While this, strictly speaking, isn't responsibility as we define it on a daily basis, it shows the effects of such strategies and their impact on the studio.
An analogy, i like those.You're fighting gravity here. This isn't CDPR -- this is marketing in general. This is what marketing is. This is how advertising works. This is what all advertising is like, regardless of product, service, or consumer base. No company is going to intentionally undersell itself. All companies are going to try to make themselves out to be the best option. No product or service is "the best ever" -- that's subjective. I don't care how amazing a company's reputation is or how many people are singing their praises; I will be able to find you thousands of dissatisfied customers. I don't care how awful a company's reputation is, or how many people are thronging the internet to flame and bash them; I will find you thousands of people that are loyal and satisfied customers. (Biting into that for purposes of analyzing a product would be hype. That's what hype is.)
It is the consumer's responsibility to be educated about the industry and their purchases. It is the consumer's responsibility to be able to differentiate between fact and interpretation. It is the consumer's responsibility to make an educated purchase. It is the consumer's responsibility to identify their subjective reactions to the product as such -- not superimpose their subjectivity as if it were fact simply because others happen to agree with them. It is entirely possible for 100,000 angry people to be completely groundless in their arguments. We see it all the time, actually. (I call it "the internet".)
The issue here that will hold water is if a product is guilty of false advertising. And CP2077 was absolutely not false advertising. Hype is not false advertising -- it's irresponsible focus on the part of the consumer. The game is exactly what it was always advertised as being. For some people, it simply wasn't "enough of" or "as good as" they subjectively wanted it to be. That's on them, not the studio. No one was forced to buy the game. Everyone was offered a return policy. That return policy was even extended for last-gen consoles. (Which was totally warranted, and I'm not going to defend that part of the release. That was a mess, and I was very happy to see CDPR's reaction and Iwinski's message. That was a prime example of the studio's tenacity to do what was right on top of all they were dealing with at that point.).
I am, indeed, fighting the gravity. However as opposed to marketing terms, the gravity is pretty defined and if our understanding of physics is precise enough, i think this is worth considering. Im only able to fight the gravity, because the gravity is constantly fighting me. The masses do have their specific forces which we cannot affect. A battle which one can't win, one could say. But then again, if we analyse the circumstances, we should be able to pick up some variables which we could influence. In this case the the variables are the opposing masses, which fight each other. What are the masses then? On one side there is the marketing industry standard, a huge multi billion business, consisting of many people doing their best to come up with new, more efficient strategies, less vulnerable marketing terms, leaving little to no room for discussion, actively trying to maximize the benefits at lowest possible cost. The opposing side is a customer like me, who tends to disagree with that questionable ideology and carried practice.
Back to physics. The bigger mass will be able to manipulate the lesser one. The lesser mass will be following each of it's bigger brothers steps according to what the bigger one decides. If the big boy takes the wrong direction, the smaller one will suffer too. This is exactly why I'm fighting the gravity. But not the gravity itself, what I'm trying to achieve is balancing the masses, so that each side can affect the other one. The fight is only fair that way.
And by balancing the masses, i mean trying to convince others to see tings as I do, or at least consider it as a possibility.
The bigger of those masses will keep growing, the smaller has to catch up. But with the bigger ones constant growth, the lesser can only dwindle, unless somebody actively tries to fight against it. And that's what I'm doing.
You made some interesting points, and I will replay to the rest of your message later on, this took my entire lunch break.