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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."

3 of 267 comments (clear)

  1. Re:look another US-American idiot! by Joce640k · · Score: 0, Offtopic

    Modded: 'troll/flamebait'...

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    No sig today...
  2. Re:I hope his lawsuit succeeds... by couchslug · · Score: 0, Offtopic

    "... because if it does, I'll have a killer suit against Burger King for making their food too delicious."

    Small potatoes. I'll sue all owners of a vagina!

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    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  3. Re:look another US-American idiot! by notknown86 · · Score: 1, Offtopic

    Modded: 'troll/flamebait'...

    Why? Because you disagree?

    The arguments above were all valid. If you disagree, you are welcome to make your case.

    Religion does NOT get a free pass here. This is NOT the government.