CDPR to launch 'vigorous' defense against Cyberpunk 2077 class action lawsuit

Cal Jeffrey

Posts: 2,739   +664
Staff member
In context: The launch of Cyberpunk 2077 has been something of a nightmare for CDPR. Not only do some gamers want their money back, but some investors do as well, claiming CDPR broke the law in not telling them what shape the game was in before release.

On Friday, Polish developer CD Projekt Red responded to a lawsuit filed on Christmas Eve. In a regulatory announcement, the publisher said it would defend itself "vigorously" against claims made in the filing.

"The plaintiffs call for the court to adjudicate whether the actions undertaken by the Company and members of its Management Board in connection with the release of Cyberpunk 2077 constituted a violation of federal laws, I.a. by misleading investors and, consequently, causing them to incur damages. The complaint does not specify the quantity of damages sought. The Company will undertake vigorous action to defend itself against any such claims."

CDPR made plenty of mistakes with the release of Cyberpunk 2077 on PlayStation 4 and Xbox One. Not only was the game overhyped, but it was also so bug-ridden as to be considered unfinished, with some customers calling it "unplayable."

To make matters worse, the studio was not transparent about Cyberpunk's performance on base PS4 and XB1 systems. Despite the PC and late model PS4 Pro and Xbox One X being buggy but passable, the problems on older consoles spawned refunds and caused Sony to pull the title from the PlayStation store.

The fiasco ultimately sent the company's stock plummeting, prompting securities investors to file a class-action lawsuit on December 24. Plaintiffs claim they incurred losses because CDPR misled them regarding the game's state. They say that the lack of transparency violates federal securities laws.

As the financial consequences of CD Projekt Red's mistakes continue to pile up, the developer remains committed to pushing updates until the game is fixed. Studio heads say most of the reworking should be completed by February 2021.

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Hexic

Posts: 840   +1,007
TechSpot Elite
Hopefully the hammer falls hard. The industry needs a healthy reminder that releasing games that aren’t ready for release isn’t the norm, and isn’t acceptable. They fully knew XBONE/PS4 statuses, they willfully omitted information from investors to keep the stock prices high and hype at stratospheric levels.
 

nejc02

Posts: 11   +2
I've played it now for 26 hours or so and I gotta say they really did disappoint and that GTA V, which is quite an old game isn't far behind when it comes to the game's complexity.

Leaving bugs and random crashes aside, which we know are present in Cyberpunk 2077, there is the poor story that is basically revolving around killing one big Corpo guy, which you (SPOILER ALERT) end up sparing his life. I do not get the space end, even though I have done both options (signing and not signing the documents, basically deciding between life and death, IDK) but right after all the credits, you get spawned back to the last mission, which you cannot properly complete because it asks you to do it all over again. Multiple people face the same issues.

The NPC's usually just repeat themselves and talk the same ****, which reflects on poor programming, and the amount of different words characters can say.

The "decision-making" thing that based on your input the story will change is also bullshit because there is a base of "main questions" and a base of "sub-questions) and those sub questions only give you additional details and the story doesn't go on until you use the main questions, which are already made up, what you gotta say or do.

AI is also bad. You park your car on the side or pedestrian area and all the cars stop and won't move along, even though the street's empty. I'd say this game is only about 70% finished and should be postponed till at least May. Showing that CDPR made the money back from the game in just 2 freaking days, says a lot about how much money are they gonna earn through the span of 5 years so why not just make it so better?

I feel like every damn company now releases a half-done game full of glitches and basically click baits us with the sick-looking posters like Cyberpunk's just to make that money flowing in their pockets. Gamers still take the game and play it, which is wrong!

Most of the things/characters I've seen on posters I haven't seen in the game, which is just absurd clickbait. My score for the game would be 6/10

Enjoyable, playable, but not as advertised!

Sorry for somewhat wacky English-
 
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Achaios

Posts: 72   +230
Didn't buy/ didn't play, won't buy/won't play.

Contrary to some in here, I'm always suspicious of games whose fanbois claim they are the best thing to have ever happened to mankind after penicillin.

Case in point: WoW Refail.
 
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m4a4

Posts: 2,138   +2,134
TechSpot Elite
I've played it now for 26 hours or so and I gotta say they really did disappoint and that GTA V, which is quite an old game isn't far behind when it comes to the game's complexity.

Leaving bugs and random crashes aside, which we know are present in Cyberpunk 2077, there is the poor story that is basically revolving around killing one big Corpo guy, which you (SPOILER ALERT) end up sparing his life. I do not get the space end, even though I have done both options (signing and not signing the documents, basically deciding between life and death, IDK) but right after all the credits, you get spawned back to the last mission, which you cannot properly complete because it asks you to do it all over again. Multiple people face the same issues.

The NPC's usually just repeat themselves and talk the same ****, which reflects on poor programming, and the amount of different words characters can say.

The "decision-making" thing that based on your input the story will change is also bullshit because there is a base of "main questions" and a base of "sub-questions) and those sub questions only give you additional details and the story doesn't go on until you use the main questions, which are already made up, what you gotta say or do.

AI is also bad. You park your car on the side or pedestrian area and all the cars stop and won't move along, even though the street's empty. I'd say this game is only about 70% finished and should be postponed till at least May. Showing that CDPR made the money back from the game in just 2 freaking days, says a lot about how much money are they gonna earn through the span of 5 years so why not just make it so better?

I feel like every damn company now releases a half-done game full of glitches and basically click baits us with the sick-looking posters like Cyberpunk's just to make that money flowing in their pockets. Gamers still take the game and play it, which is wrong!

Most of the things/characters I've seen on posters I haven't seen in the game, which is just absurd clickbait. My score for the game would be 6/10

Enjoyable, playable, but not as advertised!

Sorry for somewhat wacky English-
Sounds like you haven't been doing the side quests and have just been powering through the main quest.
All I'll say is, you should be doing the side quests (because that's where things shine in games like this).

There are many variations to the ending depending on what you do........
 
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yRaz

Posts: 3,503   +3,247
I have 111.7 hours logged on steam, I'm having a blast. Yeah, I get a bug that requires a restart but that's not really a huge issue. I feel bad for the console players but I'm playing on PC and not having any game breaking issues. Some of the bugs have me laughing, like the trees bowing over or cars launching into space at light speed.

That said, I think CDPR would have gotten a lot less flak if they were honest about the condition of the game and released it anyway. A little bit of honesty goes a long way.

Still, I feel like I've gotten my moneys worth out of it and I have yet to do a nomad build or a melee build. I was expecting a ~200hour game but I think I only have another 40-50 hours before I get bored with it. I'll probably put it down after my nomad/melee build until DLC starts to come out. If you've played it a good bit it's obvious where they've cut content so I'm sure they have some low-hanging fruit they can release as DLC. And after this whole fiasco they should release some of the DLC for free.
 

Uncle Al

Posts: 7,812   +6,459
Reminds me of why I NEVER buy recently released game until I sit back awhile and see how the player reviews are. I remember all the hype behind "one mans sky" and what a dog it ended up being. It is apparently fine now but how many updates and bug fixes? People don't buy a game expecting it now to work and investors should never be mislead in order to get their money either. Hang 'em, shoot 'em, keel haul 'em, but don't let them get away unharmed .....
 

Cal Jeffrey

Posts: 2,739   +664
Staff member
  • Thread Starter Thread Starter
  • #8
That said, I think CDPR would have gotten a lot less flak if they were honest about the condition of the game and released it anyway. A little bit of honesty goes a long way.
Yes. I totally agree. If CDPR had been transparent about the state of the game on all platforms, they would not be in this mess. For PC players, it is in more or less acceptable shape. Likewise, for the PS4 Pro and Xbox One X, the glitches and stability are below what they should be but not beyond what has been seen with many other releases including The Witcher 3, GTA (take your pick), Fallout 4, Skyrim, and others. It's really the older consoles that suffer from the game and had CDPR been upfront with that, it probably could have gone ahead with the console launch cautioning old-gen owners to wait until they get out some patches before buying. What's worse is the excuses. "We should have paid more attention to the PS4 and XB1 builds." WTF? How do you NOT? Of the 100+ million PS4s out there the majority of them are base units. Even though the game runs better on Pros and Xs, how do you ignore that? Not a good look for the company and has been a completely PR fiasco.
 
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Bulllee

Posts: 108   +79
Considering the game was only released 5 minutes ago and has landed in the top 10 of both best seller and most played game on steam I can only assume that pure greed is driving this investor led action.
 
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Hexic

Posts: 840   +1,007
TechSpot Elite
Considering the game was only released 5 minutes ago and has landed in the top 10 of both best seller and most played game on steam I can only assume that pure greed is driving this investor led action.
If I invested into a company to make video games, and therefore expect a return - that company is responsible for updating me on what my investments are accomplishing.

If that same company then lies to me about the state of a video game, launches it, and this reflects very poorly on the company as well as dropping the share prices (my investment value) - you bet I’d be pushing for answers, and potential compensation.

That’s not greed, that’s demanding accountability.
 

poohbear

Posts: 555   +475
Ya I'll wait for the "Ultimate Edition" before buying it. *sigh* that is unfortunately the state of PC gaming these days, but to be fair The Witcher 3 on PC didn't have nearly as many problems as this.
 
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nnguy2

Posts: 230   +447
1) Looks up the law firm on google. These sleaze bags are the equivalent of ambulance chasers.

2) Unless CDPR fraudulently and maliciously misstated their financial health, good luck with winning the lawsuit. Maliciously intention is notoriously hard to prove in court and requires a preponderance of evidence.

3) Good bet the sleazebag lawyers are shorting the stock. Their intention isn't to win, it's to cause more Fear, Uncertainly, Doubt (FUD). Part of a short attack on the stock.
 

Bulllee

Posts: 108   +79
If I invested into a company to make video games, and therefore expect a return - that company is responsible for updating me on what my investments are accomplishing.

If that same company then lies to me about the state of a video game, launches it, and this reflects very poorly on the company as well as dropping the share prices (my investment value) - you bet I’d be pushing for answers, and potential compensation.

That’s not greed, that’s demanding accountability.
I get that but in the end the sharp point of accountability,as always,will land at the doorstep of gamers.
 

arrowflash

Posts: 259   +223
Ya I'll wait for the "Ultimate Edition" before buying it. *sigh* that is unfortunately the state of PC gaming these days, but to be fair The Witcher 3 on PC didn't have nearly as many problems as this.
It's not the state of PC gaming, it's the state of the entire video games industry.

I'd love to see another vg industry crash like in the early 1980s, but sadly it has become too big to fail. The worst that could happen is a temporary downturn.
 

Crinkles

Posts: 63   +76
I get that but in the end the sharp point of accountability,as always,will land at the doorstep of gamers.
Some gamers have the Knife Of Marketing stuck in their back. How does a 'gamer' suffer from trying to get their money back?
 

Adorerai

Posts: 82   +48
I feel like every damn company now releases a half-done game full of glitches and basically click baits us with the sick-looking posters like Cyberpunk's just to make that money flowing in their pockets. Gamers still take the game and play it, which is wrong!
Maybe stop “clicking?”
 

Makste

Posts: 117   +59
Considering the game was only released 5 minutes ago and has landed in the top 10 of both best seller and most played game on steam I can only assume that pure greed is driving this investor led action.
Supposing that this wasn't just your assumption, then it'd have been an invalid argument with a conclusion that couldn't be supported by its premises.
 
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Endymio

Posts: 1,340   +1,214
3) Good bet the sleazebag lawyers are shorting the stock. Their intention isn't to win, it's to cause more [(FUD)].
Your other points are spot-on, but I can confidently state their intention is most certainly to win. Given the high cost of litigating a defense, they are very likely to force a settlement that will mean a tidy payout to Rosen, and little to nothing for the supposed plaintiffs.
 

Reehahs

Posts: 1,075   +711
Your other points are spot-on, but I can confidently state their intention is most certainly to win. Given the high cost of litigating a defense, they are very likely to force a settlement that will mean a tidy payout to Rosen, and little to nothing for the supposed plaintiffs.
I hope the lawsuit gets thrown out of the court. The money wasted fighting this shaky claim is better spent fixing the bugs. Don't these investors know that the investments can go down as well as up?
 
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Crinkles

Posts: 63   +76
The Company launched Cyberpunk 2077 on December 10, 2020. Consumers soon discovered that the Current-Generation Console versions of Cyberpunk 2077 were error-laden and difficult to play.​
IGN published a scathing review, stating that the Console versions “fail to hit even the lowest bar of technical quality one should expect even when playing on lower-end hardware." [Cyberpunk 2077] "performs so poorly that it makes combat, driving, and what is otherwise a master craft of storytelling legitimately difficult to look at.”​

Burn! The lawsuit is a dramatic piece of work.

I hope the lawsuit gets thrown out of the court. The money wasted fighting this shaky claim is better spent fixing the bugs.
It will be if it's found to be frivolous.

Don't these investors know that the investments can go down as well as up?
They also know when a company LIES to them about performance they have legal recourse.
 
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Endymio

Posts: 1,340   +1,214
When a company LIES to them about performance they have legal recourse.
The point you're missing is that companies are owned by investors. This suit won't punish the company -- it will punish other investors.

The eligibility window on this suit is Jan. 2020. If you innocently purchased shares in CDPR in Dec 2019, this suit will take money out of your pocket, give much of it to the Rosen law firm, and the rest to other investors, investors who very well may have lost less than did you. And before you say that older group of investors should likewise sue, I suggest you stop and think through where that chain ends.
 
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Shadowboxer

Posts: 1,164   +768
I have thoroughly enjoyed cyberpunk and definitely prefer it’s storyline and general gameplay to GTAV single player as that’s the game people are comparing it to. Personally I would compare it more to something like dying light or fallout. Whatever, I think the story and in particular the side stories are the best thing about the game.

However it’s clearly unfinished, it’s the worst performing modern game I own by quite a long way, it’s bug and glitch ridden, it’s very rough around the edges. After witnessing the performance on an Xbox one in person I think CDPR deserve a bit of punishment, it’s disgusting performance and personally I would have definitely refunded, despite this even being a sort of game that can get away with less than optimal frame rates. Do shareholders get to take then to court for this? It looks like it, it’s the deception thats the problem.

However I play on PC, I get to finally see some meaningful point to RTX options and for once it’s nice that a company put out a good PC version and a dumped out the console version rather than the other way around. I’m not grabbing my pitch-fork for this one.
 

Crinkles

Posts: 63   +76
The point you're missing is that companies are owned by investors. This suit won't punish the company -- it will punish other investors.

The eligibility window on this suit is Jan. 2020. If you innocently purchased shares in CDPR in Dec 2019, this suit will take money out of your pocket, give much of it to the Rosen law firm, and the rest to other investors, investors who very well may have lost less than did you. And before you say that older group of investors should likewise sue, I suggest you stop and think through where that chain ends.
There must be a hole in that theory, the suit names (presumably) officers:

ANDREW TRAMPE, Individually and on behalf of all others similarly situated, Plaintiff, v. CD PROJEKT S.A., ADAM MICHAL KICINSKI, PIOTR MARCIN NIELUBOWICZ, and MICHAŁ NOWAKOWSKI, Defendants.​
I don't expect a particular result from a court, if it progress' that far. If CDPR loses and it cost them their arms and legs, that's the price of lying.

Protecting a scam is a wholly different mindset.
others similarly situated
aka
[others] with pertinent knowledge of the events. The lawsuit is self-terminating.

I do not hold any grudge to CDPR, I rather see them turn out a quality product, but they've failed at that, naming "complexities". They just didn't finish the game!

Since their "investors" are suing and others feel aggrieved, commenting along the lines of "CDPR deserve a bit of punishment " all over the net, something beside chants of vengeance need to take place.

What is CDPR's problem with refunding; beside "don't want to"?
 
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