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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."

10 of 267 comments (clear)

  1. Re:I hope his lawsuit succeeds... by Robert+Zenz · · Score: 2, Funny

    Nah, that would be dismissed immediately, unprovable claim.

  2. Re:I hope his lawsuit succeeds... by dangitman · · Score: 2, Funny

    Nah, sue Pringles - they even claim that once you pop you can't stop... but wait, does that legally constitute a warning and therefore relieve them of responsibility?

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  3. I wanna sue too... by ZeRu · · Score: 2, Funny

    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.

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  4. Re:I hope his lawsuit succeeds... by Aeternitas827 · · Score: 3, Funny

    I'd say it more likely signals intent; they want the chips to be addictingly good. See also, Frito-Lay's slightly less incriminating 'Betcha Can't Eat Just One' tagline.

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    I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
  5. Re:I keep forgetting by Beefchief · · Score: 5, Funny

    Don't worry, it's not your fault.

  6. Re:I hope his lawsuit succeeds... by Anonymous Coward · · Score: 3, Funny

    Then why the fuck are Pringles tubes resealable ?

  7. Re:I hope his lawsuit succeeds... by notknown86 · · Score: 2, Funny

    I have a killer suit against Burger King for damages to my toilet.

  8. Obvious by MadKeithV · · Score: 2, Funny

    Of *course* the lawsuit made it past the EULA - who reads those, ever?
    The judge probably just thought "blah blah blah, click OK".

  9. Re:I hope his lawsuit succeeds... by Anonymous Coward · · Score: 1, Funny

    They're resealable for the same reasons 7-11's have locks on their doors right next to the sign that says "Open 24 hours a day"

  10. Re:I hope his lawsuit succeeds... by ginbot462 · · Score: 2, Funny

    For your tennis ball storage needs.

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    Atlas Shrugged : Thematic Story :: Battlefield Earth : Organized Religion