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."

Comments

It must be nice!

[uxbn_kuribo]

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.

Re:look another US-American idiot!

[hairyfeet]

You know, the story of Abraham and Lot always made me think the Christian God is more than a little bit of a sadist. Why exactly would I want to worship a Deity that thinks its hunky dory to ask for the head of one of his loyal follower's children, or makes bets with the enemy that cause one of his most loyal to have his family murdered and to be tortured? If any man did that we'd call him a sick fuck, but a Deity equals that's cool? Then again a whole lot of the bible never made any damned sense to me. Take Lucifer: Here you have the best and the brightest, the number one guy taking a shot at the title. Now he lost the first round but knows they'll be a second shot at the title. So instead of rallying his troops, trying to build a large army and giving them what they need to win, he and his generals are supposed to beat the shit and torture the crap out of those that are gonna be fighting FOR him? WTF? Is he supposed to be retarded?

As for TFA, ever since we saw that bitch, and I'm sorry but she was an absolute bitch that should have had her kids taken away, sue McDonald's because the lazy heifer fed her kids NOTHING but McDonald's for their ENTIRE life and then sued because they were fat and diabetic, then I knew the court system in this country is completely fucked up. What's next? Ohh I got a blister playing HL2, Valve owes me a million dollars! Oh and seeing those install screens on XP and Windows 7 all day gives me a headache, I want 10 million from MSFT AND a dozen top of the line x360s with lifetime XBL gold AND a pony! (Black 2010 convertible preferably) Give me a fricking break! Is this numbnuts gonna have to actually pay for all the time he wastes of the court, or is that just another bill We, The People get to enjoy?