DECEPTIVE MARKETING PRACTICES

In Canada the Competition Act governs proprietor and corporate governance equally.

74.01 (1) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever,

  • (a) makes a representation to the public that is false or misleading in a material respect;
  • (b) makes a representation to the public in the form of a statement, warranty or guarantee of the performance, efficacy or length of life of a product that is not based on an adequate and proper test thereof, the proof of which lies on the person making the representation; or
  • (c) makes a representation to the public in a form that purports to be
    • (i) a warranty or guarantee of a product, or
    • (ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result,if the form of purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that it will be carried out.

In law, NVIDIA could be accused of such conduct, so you Sony for the preorder fiasco. Section (a) is clear, misleading in a material respect.

The Playstation is not material to the studio but the sort supply of RTX 3080 cards is a problem. Given the lack of cards, next up is NVIDIA Hopper.