Law Blog Discusses Lineage II Plaintiff’s Chances of Victory

August 27, 2010 -

A law blog contributor believes that the Hawaii man suing Lineage II creator NCsoft for making the game so addictive has an uphill battle in order prove his case.

Craig Smallwood sued the game maker after reportedly spending 20,000 hours playing Lineage II between 2004 and 2009. He claimed that NCsoft neglected “to warn or instruct or adequately warn or instruct plaintiff and other players of Lineage II of its dangerous and defective characteristics, and of the safe and proper method of using the game.”

In a column on the blog LegalMatch.com, "Rusty Shackleford" asks if such a case demonstrates the need for tort reform, or if the plaintiff and court are “on to something.”

On Smallwood’s chances:

The plaintiff has an uphill fight, to say the least. There are very few cases where the law has imposed a duty of care on a particular industry because their product is addictive. The most obvious example, of course, is tobacco. The other is casinos – if you’ve been in a casino in the last decade or so, you probably see pamphlets with information about problem gambling, and you can bet that casino owners don’t provide them out of the kindness of their hearts.

On videogames in general:

... as far as I can tell, there isn’t any evidence that video games are particularly addictive, relative to other recreational activities. However, they are the frequent subject of moral panics, and there are tens of millions of people in the U.S. who play video games on a regular basis, and video games are a multibillion dollar industry.

 

It’s no surprise, then, that stories about video game addiction make the news more frequently than stories about addiction to underwater basket weaving, even if the same percentage of participants in those respective activities become addicted.

Shackleford's opinion on the eventual outcome of the case:

... unless this plaintiff ends up proving at trial that the video game companies knew their products were addictive and/or harmful, and actively hid this from the public a la the tobacco companies (not likely), he should not prevail.


Comments

Re: Law Blog Discusses Lineage II Plaintiff’s Chances of ...

sue because the game is addictive? pffft, just means its a good game. hell i would rather poeple sue over games that wouldnt hold my attention for any more than 5 hours for not mentioning how bad it was.

BCD303 "Speedy thing goes in. Speedy thing comes out."

BCD303 "Speedy thing goes in. Speedy thing comes out."

Re: Law Blog Discusses Lineage II Plaintiff’s Chances of ...

ive been shown L2 by a roommate some years ago and back then it seemed as much of a grindfest as most korean MMOGs.  i really cant understand why someone would spend that much time on this game.

Re: Law Blog Discusses Lineage II Plaintiff’s Chances of ...

I doubt that he can prove Lineage 2 to be additive. 

http://www.magicinkgaming.com/

Re: Law Blog Discusses Lineage II Plaintiff’s Chances of ...

An "uphill battle"?  That's charitable.  I'd put Smallwood's odds at "no chance in hell."

 

Andrew Eisen

 
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MechaTama31That's a pretty difficult anatomy to break.02/26/2015 - 11:09pm
MechaTama31"the way her animations repeatedly break her anatomy" <-- I'm sorry, but we are talking here about the woman who can roll up into a little ball and live to tell the tale, yes? ;)02/26/2015 - 11:09pm
Andrew EisenAs far as examples that could be culled from female game characters though, that one's pretty mild.02/26/2015 - 9:11pm
Andrew EisenNot as much the heels or the suit in and of themselves but certainly the way her animations repeatedly break her anatomy to show off her lady bits.02/26/2015 - 9:10pm
E. Zachary KnightWell, Samus's heels are certainly impracticable, but I wouldn't really call her Zero suit objectified. I don't really feel that the new Lara Croft is objectified either, but that is my subjective opinion.02/26/2015 - 9:08pm
Andrew EisenTomb Raider: No but we haven't seen much of anything yet. Samus: Yes.02/26/2015 - 9:07pm
ZippyDSMleeWould you call the new tomb raider objectified? WOuld Samus Aran from the new Smash bros be objectified?02/26/2015 - 9:02pm
WonderkarpI'm hoping they put the rest of the comic book ghostbusters in there. Ortiz and Rookie(From GB the game)02/26/2015 - 8:38pm
Wonderkarpghostbusters board game is doing great. getting close too a 3rd extra playable Character. Ron Alexander.02/26/2015 - 8:37pm
Andrew EisenSmurfette is not subjective. If there's more than one female character, it's not Smurfette. Anyway, as with everything on the list, Smurfette is, in and of itself, not necessarily a bad thing.02/26/2015 - 8:32pm
Andrew EisenI think there's 5 women (out of 15, I think) but other than one being a bit more "hippy" than the others, they pretty much all have the same body type. Especially when compaired to the huge variety of male body types.02/26/2015 - 8:31pm
Wonderkarpso I dont see Smurfette as a bad thing. Unless like all your female characters are Smurfette. remember the Smurfs also had Sassette02/26/2015 - 8:29pm
E. Zachary KnightOne good example of the larger issues is one Anita used in the presentation, Blizzard's Overwatch game. There are a dozen men in the game with a dozen body types. But there are only 4 women with 2 body types, but 3 of them have the same one.02/26/2015 - 8:28pm
Wonderkarpthe smurfette thing is subjective to how many female characters you have. Take Sonic for example. You have Amy, who is obvious smurfette, but there's several other female characters now without that. Including the original animated seriescomics with Sally02/26/2015 - 8:28pm
E. Zachary KnightAE. Very true. I think that is where I was going, but it didn't come out right. Jack Harkness is sexy but not objectified. Whereas, a women would have to be objectified in order to be "sexy" in most games.02/26/2015 - 8:26pm
E. Zachary KnightAnd as Andrew pointed out, there is a big difference between a sexualized man, and an idealized man. But for some reason, there is no distinction between women in games. For the most part.02/26/2015 - 8:25pm
Andrew EisenI think one of the issues we run into repeatedly with these conversations is the confusion over "sexy" and "sexually objectified."02/26/2015 - 8:24pm
E. Zachary KnightYet, for some reason, in orde rto have a sexualized women, she must be wearing lingerie or a bikini. Can't women be sexual and still dress for the job at hand?02/26/2015 - 8:24pm
E. Zachary KnightThe problem I have with complaints of "sexualized men" is that men don't have to wear speedos to be sexualized. Captain Jack Harkness from Torchwood/Doctor Who, was one sexy man, but he spent 99% of his time in a WW2 soldier's trenchcoat.02/26/2015 - 8:23pm
Andrew EisenThat there's more to her character than her sexualization? Sure (depending on which depiction we're talking about). No one's claiming that there are zero examples of female characters beyond their sexualization.02/26/2015 - 8:22pm
 

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