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Lineage II Addiction Lawsuit Makes It Past the EULA
We recently discussed a man who sued NCsoft for making Lineage II "too addictive" after he spent 20,000 hours over five years playing it. Now, several readers have pointed out that the lawsuit has progressed past its first major hurdle: the EULA. Quoting:
"NC Interactive has responded the way most software companies and online services have for more than a decade: it argued that the claims are barred by its end-user license agreement, which in this case capped the company's liability to the amount Smallwood paid in fees over six months prior to his filing his complaint (or thereabouts). One portion of the EULA specifically stated that lawsuits could only be brought in Texas state court in Travis County, where NC Interactive is located. ... But the judge in this case, US District Judge Alan C. Kay, noted that both Texas and Hawaii law bar contract provisions that waive in advance the ability to make gross-negligence claims. He also declined to dismiss Smallwood's claims for negligence, defamation, and negligent infliction of emotional distress."
... because if it does, I'll have a killer suit against Burger King for making their food too delicious.
Yeah... this attempt is very interesting. A Texas company writing a license agreement in a state requiring any legal claims against them be brought in Texas and limiting liabilities in ways that are expressly prohibited under Texas law? Hrm! Either that EULA came from a boiler-plate that originated from out of state (not a good excuse) or they simply thought they could get away with it and got caught. This is rather like the "new patent troll" story where people are trying to benefit themselves through legal means when they actually have no right to claim such.
I wonder if the pendulum is actually starting to swing the other way now?
"No it is not my fault, they made me do it by designing the game a certain way" and in the same breath the fucking moron will claim that he has free will because he lives in US-America.
But fear not, the solution will involve lots of praying and other superstitious crap.
Its a good idea when planning a class action lawsuit to ensure that your target actually has any money to be paid out. I think /. likely fails in this regard :P
I am sure its generating some money, but I doubt its huge...
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
Can I sue my company for making me addicted to my job? Because of them, I get up at the same exact time and go to the same place everyday monday to friday where I meet same people and spend next 8 hours doing boring and repetitive stuff. If that's not addiction, then I don't know what it is.
If you post as an AC, don't expect me to spend a mod point on you.
So this man played a game for an average of just under 12 hours a day, every day, for five years?
Emotions! In your brain!
that we're no longer responsible for our own actions.
“Common sense is not so common.” — Voltaire
It's a stupid lawsuit, but I favor any ruling that weakens the EULA. Those things are near-evil.
Qxe4
So, the EULA has something in it that contract law prohibits it from including. That shouldn't matter, because EULA's have no legal weight anyway. The customers don't sign the EULA, they just click an "agree" button. If they were really agreeing to it, they would have to print it out and mail it in to the company producing the software. Clicking a button can't have the same legal weight as signing a contract.
Besides, Windows installers are all easily hackable. Anyone can change the EULA while installing the software, so that it says "This software is in the public domain". That seems like a much better EULA to agree to - I would be quite happy if the installer was willing to renegotiate to those license terms.
So basically, he's suing for 3 million dollars over 5 years because he's addicted to a video game? If he won, that would make him the first person to make $600,000 a year playing video games. At 40 hours a week, 52 weeks a year, that averages out to $288.46 cents an hour for playing Lineage 2. Most of us will never make that sort of money doing anything, let alone for playing an MMO.
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...declined to dismiss Smallwood's claims for negligence, defamation, and negligent infliction of emotional distress.
Just imagine bigger targets like World of Warcraft.
~~ Behold the flying cow with a rail gun! ~~
> So what's the good bit? It better be fucking massive.
You get all of those from atheism, too (witness the nut du jour who threatened the Discovery Channel).
Now that we've established that they're not a religious problem, where do you get off on blaming everybody who believes differently from you for all the problems in the world?
Because if it's fair to tar huge groups of people for the actions of nuts, well, look in the mirror buddy, you just condemned yourself.
Of *course* the lawsuit made it past the EULA - who reads those, ever?
The judge probably just thought "blah blah blah, click OK".
Hi!
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The concept of the site is to version the articles like software programs. So the fragments are currently much like pre-alpha place holders, but you can see where things will go. You're free to email me for any discussion.
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My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
Ok. He claims to have spent 20000 hours over the course of 5 years. 20000 hours / 24 = 833.33 days played 833.33 days/ 365 = 2.28 Years So in the past 5 years, he has spent nearly 50% of his time playing this game. Is it a sign of addiction or just plan sad
That's why you sue the parent company instead, which will most likely rather settle than have a drawn-out court battle.
Check out my world simulator thingy.
If you are that prone to addiction and unable to take control of your own life, then you shouldn't have any rights, let alone the right to sue someone else for it. If you don't lead your own life you need to be locked up in some institution where your life is lived for you. Animals eat any chance they get; they can't help it and they have no control over it. But I don't see us giving them any kind of legal power. Why should it be different for someone who can't stop playing a videogame, something that doesn't even cause physical addiction? Yeah, proceed with the "you're an asshole" comments. I don't care.
In the future, to avoid liability, games will be required to suck.
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
but I'm not going to assume those things because they are preposterous.
“Common sense is not so common.” — Voltaire
If one guy is in the store and is otherwise occupied.
Some of the stores really were "7 [AM] - 11 [PM]"
I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
1. He must really be an expert at that; Malcolm Gladwell must be doubly pleased.
2. Indeed, contract clauses involving sometihng illegal are unenforceable.
I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
Didn't some fat chicks already sue McDonalds? I don't think I ever did find out what became of that...
I don't need a huge amount, just enough.