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NCsoft Sued For Making Lineage II 'Too Addictive'

An anonymous reader writes "South Korean MMO game publisher NCsoft is finding itself facing another lawsuit, this time for making games that are 'too addictive.' US Lineage II player Craig Smallwood is suing the publisher for $3 million because he found himself playing Lineage II for 20,000 hours over a period of 5 years. At times, his average play session would persist for over 11 hours, crippling his life and ability to function. A federal judge is allowing the court case to go forward (PDF), stating that the plaintiff has a claim for negligence and gross negligence against the publisher."

27 of 360 comments (clear)

  1. I Too Am a Victim ... by eldavojohn · · Score: 5, Funny

    3142 comments?
    Submission Summary: 36 pending, 879 rejected, 607 accepted (1522 total, 39.88% accepted)?

    Yes, surely that is why I have no life! See you in court, Slashdot!

    --
    My work here is dung.
    1. Re:I Too Am a Victim ... by Anonymous Coward · · Score: 5, Funny

      Much like this lawsuit, you're running into a chicken and egg problem...

      Do you have no life because you post on Slashdot?

      Or do you post on Slashdot because you have no life?

      Ah, the great philosophical questions of our times...

    2. Re:I Too Am a Victim ... by Monkeedude1212 · · Score: 4, Insightful

      While you bring up a point, I don't think it should matter.

      The immediate question is Should Smallwood get 3 Million dollars for playing a video game for 5 years?

      It doesn't matter how addictive it is. I could develop Alchoholism but I can't sue Bacardi for keeping me in the hole. It's negligent? What the heck is NCsoft supposed to do? Make Lineage II LESS fun?

      I can't believe a judge allowed this case to go forward. On what grounds does developing an addiction allow you to persue a lawsuit? (If thats the case, can't every single smoker in the country sue the cigarette companies for 3 million dollars for every 5 years they smoked, essentially bankrupting that industry?)

    3. Re:I Too Am a Victim ... by spun · · Score: 4, Funny

      Much like this lawsuit, you're running into a chicken and egg problem...

      Do you have no life because you post on Slashdot?

      Or do you post on Slashdot because you have no life?

      Ah, the great philosophical questions of our times...

      And more importantly, how can you kill that which has no life?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    4. Re:I Too Am a Victim ... by asills · · Score: 4, Informative

      (If thats the case, can't every single smoker in the country sue the cigarette companies for 3 million dollars for every 5 years they smoked, essentially bankrupting that industry?)
      Reply to This

      You must be pretty young or not from the US. The cigarette industry did get sued (quite a few times) and the biggest settlement was from 1998 where they effectively had to pay a bit over $200 billion over the next 25 years. The suit was 46 states versus the tobacco industry. You know all those "The Truth" ads? Those are funded by the tobacco companies.

      The downside to this settlement is it also exempts the industry from further tort lawsuits (although, apparently not, there have been some since).

      http://en.wikipedia.org/wiki/Tobacco_politics
      http://en.wikipedia.org/wiki/Tobacco_Master_Settlement_Agreement

      --
      -- What did Spock find in Kirk's toilet? The captain's log.
    5. Re:I Too Am a Victim ... by Jedi+Alec · · Score: 5, Informative

      In all fairness, the tobacco industries were sued for:

      - withholding information on and downright lying about the addictiveness of nicotine.
      - withholding information on and downright lying about the health consequences of smoking.
      - adding artificial agents to make the product even more addictive.
      - targeting their product at children while knowing damn well what smoking does to kids.

      Selling an addictive product is one thing. Lying to congress, marketing at those who are considered incompetent(children) is an entirely different ballgame.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    6. Re:I Too Am a Victim ... by gstoddart · · Score: 3, Funny

      We need a class action against Slashdot for all of us clods who were rendered insensitive by this web site.

      Speak for yourself. I was insensitive before I got here. :-P

      --
      Lost at C:>. Found at C.
    7. Re:I Too Am a Victim ... by udoschuermann · · Score: 3, Insightful

      Yes, if they marketed the game to children, secretly added extra-cute stuff in there that nobody could find out about until they played it for a while themselves, scoured facebook for their friends and hammered them with messages ("hey, your friend's playing this, and so should you!"), and then publicly lied about all of it, and "proved" through fake studies that there's nothing remotely addicting about the game at all.

      Bottom line, the tobacco industry is/was a bunch of lying drug peddlers without a conscience. But if NCSoft doesn't get this lawsuit laughed out of court (with court costs hung on the idjet who file the suit), then 12 million lawsuits might next get filed against Blizzard, for a grand total of 36 trillion dollars in damages.

      WTFLOLBBQWOW.

      --
      --Udo.
  2. "Wahh, I'm a victim! Waahhh!" by grub · · Score: 5, Insightful


    US Lineage II player Craig Smallwood is suing the publisher for $3 million because he found himself playing Lineage II for 20,000 hours over a period of 5 years.

    The whole victim-mentality that runs rampant makes my blood boil: "He had bad parenting" "She wasn't potty trained properly" "The breweries make beer taste too good" "I have a disease" blah blah blah fucking excuses blah blah blah.

    Hey Craig Smallwood, take responsibility for your actions; you're not a victim. In actuality your lawsuit paints you as a blatant parasite.

    --
    Trolling is a art,
    1. Re:"Wahh, I'm a victim! Waahhh!" by rainmouse · · Score: 4, Interesting

      The fact that these games do use very morally dubious techniques to create a feeling of addiction and endless time sinks to nurture that addiction. There are a LOT of people who's lives have been utterly ruined by MMORPG's and its easy to laugh at them, point fingers and call them weak but the fact of the matter is they are being psychologically manipulated. The problem is only going to get worse as developers better perfect these techniques and create deeper levels of immersion. I would have to agree that at some point a line has to be drawn and lawsuits like this could become more common until someone could actually win one.

    2. Re:"Wahh, I'm a victim! Waahhh!" by dhermann · · Score: 4, Insightful

      I get it; you're hard and edgy, and by disagreeing with you, that makes me an emo pansy, but just to put up a decent counterargument...

      What would you say if, during the discovery phase of Craig's claim, e-mails and documents subpoenaed reveal that NCSoft actively created their games with the intent not to entertain, but to entice and entangle? What if they commissioned a psychological research study on how to make their games more addictive, and made major alterations to the gameplay based on the results? What if they made it a primary goal to target certain segments of the population, what you would call the weak-willed and easily manipulated, what others might call aged 18-25 unmarried males?

      What if their next game specifically targeted children, aged 9-15? Is it a parental responsibility to identify each game's level of addictiveness before purchasing it for their child? Isn't there no way to tell until the child has become addicted, and now both parent and child are forced to endure a period of withdrawal?

      I think that this lawsuit is probably frivolous, but I can definitely see a situation where it is not. You certainly can't make the blanket assumption that this guy's claim is worthless before it plays out.

    3. Re:"Wahh, I'm a victim! Waahhh!" by shutdown+-p+now · · Score: 3, Insightful

      It's bullshit, sorry. Back in uni I did get myself into some serious mess because of online gaming addition (NWN, which, while not "massive", is still a multiplayer online RPG). And, in retrospect, I only had myself to blame for this. All the talk about being "psychologically manipulated" is silly - the "manipulation" is hardly above the level of your typical advertising, but you don't see people suing McDonalds for posting ad with a picture of a burger that looked so tasty they just had to go buy it.

    4. Re:"Wahh, I'm a victim! Waahhh!" by Planesdragon · · Score: 3, Insightful

      They are consistently trying to psychologically manipulate you.

      Go shout fire in a crowded theater. That's "psychologically manipulating" the crowd to panic. And then you're liable for any injuries that result.

      Heck, it even works if we go for that mother-of-all libertarian examples, the 2nd amendment. You have an absolute right to own a gun. You have the right to keep it unlocked, loaded, and sitting on your desk in your home office while you're doing whatever. You even have the right to shoot it--but if you hit anything, you're 100% liable for what happens.

      MMOs make their games intentionally addictive. Nothing wrong with that, per se, and there's no reason to formally regulate it. The basic rule of "be responsible for your actions" should apply here, and to the extent that NCSoft making Lineage II addictive caused this guy harm, they should be held accountable. But, he's also an adult, and needs to have at least SOME self-control.

      Thankfully, we have an amazing system to decide how liable NCSoft is. It's called a trial, and the judge is letting that happen.

    5. Re:"Wahh, I'm a victim! Waahhh!" by rainmouse · · Score: 5, Interesting

      So we should also eliminate or create legal liability for all forms of psychological manipulation? Advertising and political speech come to mind, do we want to protect against that?

      Your quoting me out of context there and ignoring a lot of what I said. Try watching some of the Youtube video's on people deleting their Warcraft characters, people who have lost their jobs, homes, wives and kids. I hardly think being manipulated into buying another cheesburger or diet pepsi is going to have a similar effect. At no point did I say that this lawsuit was a good idea, in fact I think its ridiculous. I do however think that as developers get better at nutruring addiction and creating ever more immersive worlds, it's going to develop into an increasingly serious problem that will need addressing at some point.

    6. Re:"Wahh, I'm a victim! Waahhh!" by Leafheart · · Score: 3, Interesting

      I hardly think being manipulated into buying another cheesburger or diet pepsi is going to have a similar effect.

      You never saw someone with morbid obesity, did you?

      --
      --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
  3. No personal responsibility. by scribblej · · Score: 3, Insightful

    I firmly believe that Craig Smallwood is an appropriately named man with no sense of personal responsibility.

    That said, it will be interesting to see how this court case plays out considering there is NO QUESTION that the developers of these games intentionally try to make them as 'addictive' as possible. There are many studies in the industry meant to determine the appropriate level of payout (loot, level gains, etc) required to keep someone interested all the time.

    1. Re:No personal responsibility. by Monkeedude1212 · · Score: 3, Insightful

      It should get laughed out of court, there should be no question about that at all.

      In every article, summary, post, comment, reply, you can easily interchange 'addictive' with 'entertaining'.

      Now try it, and see how ridiculous it sounds. NCsoft Sued for Making Lineage II 'Too Entertaining'.

  4. Default Judgment Payout by ThinkWeak · · Score: 4, Funny

    If he somehow wins this case, NCSoft should payout with the equivalent of $3,000,000 in in-game currency.

  5. I'm suing my employer by Daddy-Oh · · Score: 5, Insightful

    I waste 2,000-3,000 hours *a year* working for my employer. I can't stop myself. I feel that, if I stop, my ability to function in society will end. I must be addicted to work.

    Anyone have the number for a good lawyer? (hmm, is that an oxymoron?)

  6. "Wah, I Don't Want Choice or Responsibility! Wah!" by eldavojohn · · Score: 3, Insightful
    Yeah, not a whole lot of sympathy from me either on this one. In fact, I'm a little upset this hasn't been thrown out:

    A federal judge is allowing the court case to go forward (PDF), stating that the plaintiff has a claim for negligence and gross negligence against the publisher.

    So what the judge is saying is that if online gaming services don't regulate against lengthy usage of their services by adult citizens they may face lawsuits like this? Hopefully this sets a precedent that such a claim is a load of horse shit and should never be considered in a court of law again. Where does The "Science" of Game Addiction draw the line?

    In America, you're suppose to have the freedom to do whatever you want with your time so long as it doesn't impair another person's life, liberty and pursuit of happiness. This includes, for better or for worse, devoting as much time as you see fit to a game. It's called "responsibility" and I'd rather you accept it before the decision is made for you and you never had a choice to begin with (a la China's government regulations for online game play time).

    --
    My work here is dung.
  7. Re:Virtual ambulance chasing? by SirGeek · · Score: 4, Insightful

    What kind of lawyer takes on a case like this?

    One who gets paid regardless of the outcome ?

  8. You're Making It Worse! by eldavojohn · · Score: 5, Funny

    I'm suing you for making your comments too entertaining!

    I'm suing you for giving my addiction positive reinforcement and feedback! I also want the logs so I can see which moderators continue to mod me up so I can add defendants to my lawsuit! By the time I'm done sobbing in front of the jury, they'll believe I never had a choice to quit!

    What the hell, did you just add me to your friend's list? Oh you better believe that's a lawsuit.

    Oh. My. God. Did you see my achievements?! My lawyer's head just exploded.

    --
    My work here is dung.
  9. He was banned in 2009. by Blackwulf · · Score: 5, Informative

    I skimmed NCSoft's defense pdf (linked in the Wired article) and it winds up that the guy in question was involved in real-money transfers and had all of his accounts banned from Lineage II in 2009.

    Could that possibly be the REAL reason he's suing?

  10. Re:Corrected Headline by nomadic · · Score: 5, Informative

    Oh give me a break, it's such an echo chamber in here, the usual screeching about how horrible the courts are, without anyone even looking at what the judge actually did. The problem with this country isn't the judicial system, it's the ignorant people who go from zero to outraged in 5 seconds based on a slashdot summary written by some anonymous guy. The judge is ruled by the Federeal Rules of Civil Procedure. Those rules say you can't just throw out a lawsuit AT THE DISMISSAL STAGE simply because you don't think the plaintiff will win. To survive dismissal, all you have to do is draft your complaint in a way that, if the facts you allege are accepted as true, your claim can move on to the next stage. That's it. The judge isn't saying the guy's going to win, just that under the Federal Rules of Civil Procedure, promulgated by the Supreme Court, as authorized by Congress, he has to let the lawsuit go to the next stage.

  11. Googling him shows otherwise by linuxgurugamer · · Score: 4, Informative

    When you do the following google search:

            craig smallwood honolulu

    it becomes evident that Mr. Smallwood has plenty of time on his hands to file lawsuits. This seems to put the lie to his claim that he is unable to function.

  12. Re:Virtual ambulance chasing? by SirWhoopass · · Score: 4, Insightful

    As of now, no lawyer takes on a case like this. The plantiff is pro se (representing himself).

    The court is allowing a portion of the case to go forward. The summary fails to note that the judge dismissed the claims of misrepresentation, unfair trade practices, intentional infliction of emotional harm, and punitive damages.

    The judge is merely determining if there could be a case. The plantiff was hospitalized for three weeks and has on-going therapy. There has been no determination yet that the game is the cause or what liability the game makers may have (the court notes it is limited to levels set in the game user agreement for negligent infliction of emotional distress). In short, the guy has been injured by "something". He says it was the game, and he'll get his day in court to try and make that claim.

    It's funny how so many /.'ers complain about people who believe the outrageous stories from [Glenn Beck, Fox New, whatever]. This is pretty much the same thing. The actual story is only about 1/10 what is implied in the headline, but now we have a forum full of people screaming about it

  13. Can You Say 'Pro Se'? by WrongSizeGlass · · Score: 3, Informative
    From the court documents (emphasis mine):

    On October 19, 2009, pro se Plaintiff Craig Smallwood (“Plaintiff”) filed a Complaint (“Complaint”) against NCSOFT. Although Plaintiff named only “NCSOFT” in the caption on his original complaint, two NCsoft entities have appeared in this action, Defendants NC Interactive Inc. and NCsoft Corporation, both of whom are named in the Second Amended Complaint (“Defendants”).

    He's representing himself. I guess we can't blame a lawyer for this one ...