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Superpoke Players Sue Google

Posted by Unknown on from the that's-my-virtual-purse dept.

mikejuk writes "SuperPoke Pets is another casualty of Google's aggressive spring cleanup... But unlike other users of Google's trashed software, Superpoke users have decided to fight back with a class action. The aim is to recover the money they spend on virtual gold used as a currency to buy clothes for their virtual pets. The total 'amount in controversy' exceeds $5,000,000 — a sum that is credible given that there were at least 7,000,000 users. So if you are considering adding a virtual currency to your app you might want to think of the future."

4 of 160 comments (clear)

  1. 5 mill on virtual pet cloths? by Kenja · · Score: 5, Interesting

    I dont want to live on this planet anymore... But really, unless there was a 'we'll never shut down" clause in the user agreement I dont see the idiots winning this one.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  2. Implications for EULAs? by Rone · · Score: 4, Interesting

    I'm sure the SuperPoke EULA had provisions stating that all virtual currency purchased for use in-game was non-refundable, no matter what.

    In light of that, it'll be interesting to see how this plays out in court. If Google doesn't settle, and loses, we could possibly see an EULA-affecting precedent come out of this.

    1. Re:Implications for EULAs? by lostmongoose · · Score: 5, Interesting

      If Google loses, then every F2P MMO that has shut down and had cash shops will have to pay up to the users who bought items and game currency.

    2. Re:Implications for EULAs? by The+MAZZTer · · Score: 5, Interesting

      It would seem to me digital items are provided as a SERVICE, not a PRODUCT. If I get a contract with a cell company, and then my contract runs out (or they go under or something), I am not entitled to get my money back because I was paying for a service and not a physical product (well I may have paid for my phone but I get to keep it if my contract included paying for it). Similarly when I buy a digital item, there is no physical product. I am buying the service of using this imaginary item. The only issue here is when I buy this service for unlimited usage, should I be compensated when the service is stopped? Even if the answer is yes I doubt the full amount will be refunded, because the users got usage out of the "service".