Law of the Game on Professional Plaintiffs and Class Action Suits

November 24, 2009 -

Joystiq’s latest Law of the Game column takes a look at the intertwinement of professional plaintiffs and class action suits.

The article was written in response to a pair of recent news stories: a possible class action suit against Microsoft over Xbox Live bannings and Erik Estavillo, the banned Resistance: Fall of Man player, whose latest lawsuit targets Microsoft and Nintendo.

Author Mark Methenitis denotes a professional plaintiff as someone whose livelihood depends on suing people. He adds that plaintiffs who are gamers are more prone to demonstrate similar standing, versus attaching their suit to a statute, making them a perfect entry point to class action litigation.

Of course, class action lawsuits “tend to be larger and thereby more profitable, especially to a law firm on a contingency fee basis.”

Methenitis thinks it “unlikely” that we will see fewer lawsuits as time progresses, but tells us not to worry too much about game industry companies that are targeted, as they “have substantial legal teams to deal with these kinds of suits.”

He finishes:

What should concern consumers would be a series of victories against gaming companies. If plaintiffs are successful, then there are two potentially larger problems facing the industry: are companies becoming more dishonest and predatory, and should we be concerned about the continued viability of those studios with substantial legal settlements against them?


Comments

Re: Law of the Game on Professional Plaintiffs and Class ...

At least there is good legal teams that can go against idiots that want to sue like crazy. :)

 

 

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

Re: Law of the Game on Professional Plaintiffs and Class ...

The thing about many of these suits, boycotts, or threats against game companies is that they are tinged with a sense of entitlement in regards to an entertainment product.  Too many people think the world "owes" them something.

Re: Law of the Game on Professional Plaintiffs and Class ...

Many products have a manufactuers warranty on them for a reason, and it is not uncommon for them to be taken to court for lemons that they will not refund the buyer for (Barring as is sales). 

Also when a subscription is cancled by an individual or a company, it is only right that they get the money they invested into it back. 

This is not thinking that the world owes you, this is getting what you spent your hard earned money on.  There is a difference between the two.

---

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

Re: Law of the Game on Professional Plaintiffs and Class ...

In some respects, at least in a legal sense, it does owe them something. For example, you've the right to purchase a product free from manufacturing defects and a right to recourse and remedy against the manufacturer if they in fact sell you a defective product. That the product is intended to provide entertainment doesn't in any way diminish your entitlements.

Re: Law of the Game on Professional Plaintiffs and Class ...

[S]hould we be concerned about the continued viability of those studios with substantial legal settlements against them?

Hell, no. That's just the price they have to pay for being on the wrong side of a lawsuit.

And I don't know of too many plaintiffs who strike it rich from being members of a class action. One of the determinative factors in certifying a class of plaintiffs is that their individual claims are too piddly to make much economic sense in requiring that they bring them on an individual basis and therefore they need to pool their injuries into a class. The attorney for the class may make bank, but the individual class members usually don't end up with much to show for being a class action plaintiff. If they're making a profession out of it, then they usually ain't getting paid much better than minimum wage. And that's before they have to fork over the 30-40% contingency fee to their attorney. 

 
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TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
Neo_DrKefkaSo two GamerGate supporters received a knife and syringe in the mail today. The same GamerGate supporters who said how awful it was were seen in other tweets gathering lists and sending our similar threats or harassment to shut down the other side....10/25/2014 - 11:36am
NeenekoJust look at how interviews are handled. Media tends to pit someone who is at best a journalist, but usually entertainer, against an expert, and it is presented and percieved as if they are equals.10/25/2014 - 7:38am
Neeneko@MC - Focusing on perpetrator does nothing for prevention, the media and public lack the domain knowledge and event details to draw any useful conclusions. All we get are armchair risk experts.10/25/2014 - 7:36am
Neeneko@AE - no name or picture, I like it.10/25/2014 - 7:34am
PHX Corp@MW and AE The news media needs to stop promoting the Shooters. period10/25/2014 - 7:16am
Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
quiknkoldwell then I suck as a man cause I ask for help when necessary :P10/24/2014 - 10:07pm
Technogeek(That said, mostly I was making the smartass evopsych comment because your post seemed like the kind of just-so story that has come to dominate 99% of its usage.)10/24/2014 - 10:04pm
TechnogeekHell, Liam Neeson built his modern career around it. Cultural factors likely play a far greater role than you appear willing to admit.10/24/2014 - 10:03pm
TechnogeekSeriously, though, the idea of "because women are protectors and that's why they never commit school shootings" is, at best, grossly overreductive. There's nothing inherently feminine about being willing to kill in order to protect one's offspring.10/24/2014 - 10:03pm
MechaCrashThe "toxic masculinity" thing refers to how you have to SUCK IT UP AND BE A MAN because seeking help is seen as weakness, which means you suck at manliness, so it builds and builds and builds until something finally snaps.10/24/2014 - 10:01pm
 

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