That's the thing, to begin with, they only had to get the game to run on ONE machine: the xbox. They failed miserably with that. Unplayable consoles game definitely isn't a trend either... the majority of console games that are, for all intents and purposes: bug-free. PC-games often have some bugs at release, but this many? Most games, say what you will about them, are probably playable after installation. Quake 3, Warcraft 3, American McGee's Alice, Wizardry 8, Baldur's Gate: 2... all these games played out of the box. Some may have had patches later, but they were all functional.
I'd agree that they don't have to make the game work for us, but the consumers are entitled to a refund at the very least (unless you shop at Best Buy, where they assume all consumers are pirates).
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This game is functional...It works perfectly for me (and I have an Ati card!!!)....