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Superpoke Players Sue Google
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."
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?"
but only if you promise to buy REAL clothes this time.
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.
We are suing Google because we have no life and are stupid. We can prove, in court, we have no life and are stupid. Pay up Google.
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The one thing I don't really get, superpoke had a rabbid insanely loyal fanbase... why didn't they just port it to G+, leave it in the games tab just like all of their other games that can't annoy people who don't use it, and basically have millions of people with a reason to sign into g+ on a regular basis? That being said, I also don't see a single way that the users can even expect to have a shot in a million at this, games with microtransactions shut down, it is a fact of life. That is what you get when you buy image files on someone else's server.
I can easily exchange it for beer.
I'm sorry, is there some other necessary criteria that I wasn't aware of?
SuperPoke! was a social media application that was made by independent developers and was later acquired by a company called Slide. It allowed social media users to do such things as hurl virtual sheep at their friends instead of just "poking" them. SuperPoke! Pets evolved from this, taking the same artwork and building a virtual pet environment.
Superpokepets.com was created as a stand alone web application. People could migrate their pets from the social media sites if they wanted. All of this, plus several other social media applications, were owned by Slide when it was acquired by Google. Google allowed Slide to continue to operate semi-autonomously for some time, but has since decided to dissolve/disband it. Employees will be assimilated into the Googleplex and the apps will be shut down. If Google were to continue to support this application, they would have to fund enough servers, databases, support desk, etc. for a 7M+ userbase. Apparently it was not worth it to Google to keep it running.
I don't believe that the social media versions of this application ever had a virtual currency, but I might be wrong. From what I read, currency was added after the web application was created and I suspect that it was only available there.
Interestingly, Google did go so far as to create a standalone version of the environment that users could migrate their pets to if they wished to keep playing with them. Apparently this is a bit buggy, and does not support interacting with other users, but it was a good idea. Might be nice if they were to open source either the standalone application, the web application, or even both. From the sound of things it doesn't seem like they are looking to sell it off. My kids loved to play in these sorts of virtual worlds when they were younger, and if I had the code I would have been willing to stand up a small version for my children and their friends.
'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
There are countless examples of services people pay for that could leave them high and dry if they are not careful:
1. Gift Cards. Often have expiration dates or monthly service fees that eat away the value of the card even though the card has been paid for with real cash and the company keeps, and usually reinvests, this cash. And the card is no longer redeemable if the company goes bankrupt.
2. Overpayments on credit card balances. Just before the banking crisis and TARP bailout, a group of executives at one of the largest banks debated on whether overpayments on credit cards would be a monetary asset belonging to the individual, or free cash for the bank. The executives concluded that they had the full legal right to re-appropriate any overpayments to the corporate asset sheet, but backed away from this plan just before it was about to go forward because of fears about public backlash.
3. Obsolete products. Think about the 1.3 million customers who bought HD-DVD players and drives. They cannot play their HD-DVD movies on Blu-Ray players and they cannot play Blu-Ray discs on their HD-DVD players. So many of them are stuck with two players and a movie collection divided into two completely different incompatible formats. Over the span of a single lifetime a movie aficionado might have to buy the same movies in five or six different formats just to be able to view their favorite movies with current technology. And support for obsolete technology (such as media, spare parts, repair services) fades quickly.
4. Legal tender. Want to talk about fake money? How about the US Dollar, which is a FIAT currency backed up with no physical or practical value other than the "full faith and credit" of the US Government. Same can be said as well for most government bonds, certificates of deposit, and other instruments. The potential for a collapse in "real" currency value or a default on government bonds is just as real as the discontinuation of SuperPoke gold.
5. Coupon books and discount memberships. Do I need to elaborate?
6. Insurance. Even though there are some government regulations in place and most insurance companies are insured by an even bigger company, like AIG, there is no absolute guarantee that insurance will be available to bail you out when you really need it. If they don't find some way to categorize your claim into one of their many and ambiguous exclusions, there is still the potential that an insurance company and it's backer could both go bankrupt at the same time, leaving you on your own without compensation for your losses. Government may bail you out, as happens with some natural disasters, but this has not always been the case.
7. Warranties, guarantees, service contracts, and other contractual provisions. Again, if the company goes out of business none of these "fake" products are likely to be available to you. In some cases, even your contractual rights can be violated. If the company you buy from has agreed by contract not to share your personal information with outside parties, that contact can be (and in some instances has been) nullified in bankruptcy. In one recent case the personal information collected under such terms was sold to another company for top dollar in a corporate bankruptcy auction.
8. Your rights in general. There are no guarantees that your rights, statutory or constitutional, cannot be revoked at any time, either by the legal procedures that already exist, or by illegal actions taken by powerful dictators, corrupt bureaucrats, or foreign invaders. Your rights in a court of law are also hindered by the practical reality that holding your ground and defending your rights in court involves court costs, attorney's fees, legal services (such as process servers or expert witnesses), and potentially a truck load of office supplies, stamps, and clerical services, not to mention your limited time that you might need to earn a living to support a family. Getting help from law enforcement or an attorney general is apparently possible fo