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Also they can't fix it, RE Engine wasn't designed for this but they used it anyway.
There were at least two performance improving patches since release.
So yeah, it has gotten much better already.
Spoiler: it means they have no obligation to fix the game. Since they've already got your money and the game keeps selling, do you honestly believe they will fix this game any time soon or ever?
That was a different time when gamers still had backbones and didn't deeply inhale the hot, metallic exhaust from their 5090 Astrals and burned their braincells so fast their minds were lifting off into the cosmos.
As for Arkham Knight, maybe it was out of the goodness of their heart because I doubt any legal action would be successful otherwise why hasn't it started up for all the other buggy games that have come out from 2020-now? Why not this one?
Also, don't have to trust me --
https://www.findlaw.com/consumer/consumer-transactions/can-i-sue-a-video-game-creator-or-company-.html
What makes you think that someone who does not trust you, trusts the link you share?
Put it into Google then?
Also, I know gamers lack education but FindLaw is a literal legal service that connects people to lawyers. Again, Googling can find the answer instantly.
But you could've had a good case with Batman as it was a completely disfunctional poroduct. As to why not this game, it's not even close. It's very low quality and performance, but not entirely broken as Batman was, so it's not even a topic of debate.