Sony Loses Bid to Dismiss Killzone: Shadow Fall Lawsuit, May End Up in Court
It looks like the lawsuit over Killzone: Shadow Fall‘s graphics might end up in court.
Back in August, Douglas Ladore of California sued Sony Computer Entertainment America on the grounds of false advertising. The man alleged that Sony advertised that Killzone: Shadow Fall would run at native 1080p resolution on the PlayStation 4, when, in fact, it did not actually achieve that resolution.
In response, Sony attempted to dismiss the case, citing a number of reasons. However, US District Judge Edward Chen denied all but one of Sony’s arguments, saying that Sony ignored “important factual allegations.”
The substantial majority of the arguments Sony raises in its motion to dismiss can be rejected for two simple reasons – either Sony’s arguments ignore important factual allegations that are well pleaded in Ladore’s complaint, or Sony’s arguments require this court to construe the complaint in the light most favorable to Sony, rather than Ladore, who is entitled to the benefit of all reasonable inferences at this stage of the proceedings.
Considering the judge did uphold on of the arguments Sony presented, Ladore now must file an amended complaint within 30 days. What will come of that remains to be seen, but it could land Sony in court. What do you think of the lawsuit?