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If someone is really dedicated enough to get a lawyer, it should at least be possible for that person to get a refund on his/her money. Possibly, this could even lead to criminal prosecution against Peter Molyneux.
Personally, i think the question isn't whether it is possible to take legal steps against 21cans/PM but only if someone will be willing enough to invest the time and money to make this happen... Most of us paid 20€ or less for this game and only consulting a lawyer about this will cost a lot more than that. Besides that, it might(!) even be possible that a civil lawsuit wouldn't even be possible when it is only about such a small amount but i don't really know much about this.
What would be a relatively easy and most of all, completely free possibility is for a uk citicen to just go to the police and ask whether it's possible to press criminal charges about this whole thing. If someone does, feel free to inform us about the answer you get, so even if there isn't any possibility, we could put this question to rest... ;)
PS: It might be important that the person who takes legal steps is a kickstarter backer and not just a steam early access buyer. At least, it would make a much easier case that way.
to clarify: in australia it's the responserbility of the retailer to provide a refund and they inturn harass the manufacturer.
I wouldnt call that a defense. I would call that an ecenomic reality... which is far from the same as innocent.
vv [FuMM], you should get every Aussie you can think of who bought into this game, to contact Kickstarter and demand your money back.
And I would totally back the lawyer-up kickstarter, just to get a dig in on PM after this mess.