Originally, the developer planned to donate the proceeds from sales of the DLC character to help Forgey's family, but unfortunately excluded a few states in the process.
Specifically, we chose to sell the DLC worldwide and donate all profits from the DLC to the family.
This, it says, was in order to stay complaint with the laws of different territories, as by detailing where the funds from other territories were going it "could have triggered compliance obligations or put us in violations of cause marketing laws in some of the 241 territories in which the content was available". Shadow of War already faces criticism and scepticism over the inclusion of microtransactions to let you boost your progress through the game. The statement says that even though they chose to donate all profits for the DLC to Forgey's family, they only planned to actively promote this donation in the USA, excluding the states that have certain charitable donation laws.
It's too bad Warner Bros.' confused messaging nearly ruined a charity drive to help a grieving family, but they seem to have twigged to the fact the way they went about it was wrong and are trying to correct the situation.
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Due to confusing wording, it seemed as if Warner Bros. would not be donating proceeds outside of the U.S. Furthermore, an incorrect Tweet from the team seemed to confirm that this was the case. Therefore, the downloadable content will be free at the time Shadow of War is available, while the company will make a direct donation to the Forgey family. For absolute clarity; our intention was always to give all profits from the DLC, worldwide to the Forgey family.
The situation was made worse by a "factually incorrect tweet" saying that funds raised by worldwide sales of the DLC would not go to the Forgey family.
It continued: "We sincerely apologize to the fans and to the Forgey family for the confusion we created". First off, the Forthog DLC will be made free for everyone, ensuring that Forgey can be truly immortalized in every copy of Middle-Earth: Shadow of War. The official Orc-Slayer video has been removed from YouTube and refunds will be issued to all who have purchased the DLC. For those interested in giving some money directly to the family, there's a YouCaring page that accepts donations.
Middle-Earth: Shadow of War will release for PS4, Xbox One, and PC on October 10th.