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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Craig R.Btw, the guy who swatted security expert Brian Krebs? He got picked up recently. It can be done.09/20/2014 - 8:55pm
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Sleaker@Technogeek - How do you call someone out that anonymously calls in a SWAT team, or sends threats to people?09/20/2014 - 7:04pm
Technogeek"It also doesn't mean you're obligated to stop harassment from all gamers that are doing so." I'd say you're certainly obligated to call them out when you see it happening.09/20/2014 - 5:17pm
SleakerNow if you disagree with anything in my last 2 posts then we obviously have a difference in world view, and wont come to any sort of agreement. I'm fine with that, maybe some people aren't?09/20/2014 - 5:09pm
SleakerIt also doesn't mean that just because a news outlet says that Gamers are the problem and you self-identify as a Gamer, you're immediately the problem. It also doesn't mean you're obligated to stop harassment from all gamers that are doing so.09/20/2014 - 4:59pm
SleakerJust to re-iterate: People getting harassed is wrong. Just because someone is harassed by so called 'gamers' doesn't mean that all gamers are bad. nor does it mean that you need to pass laws or judgement on all gamers.09/20/2014 - 4:56pm
SleakerAnd furthermore just because someone doesn't 'crusade against the evil' that doesn't make them the problem. You can have discussion with those around you. There's a thing called sphere of influence.09/20/2014 - 4:54pm
Sleaker@Conster - one person getting harassed is a 'problem' only so far as the harassee's are doing it. Just because a select few people choose to act like this doesn't make it widespread. Nor does it immediately make everyone responsible to put an end to it.09/20/2014 - 4:54pm
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TechnogeekI misread james' comment as "we can't have a debate without threatening" there at first. Actually wound up posting a shout about death threats and "kill yourself" not technically being the same thing before I realized.09/20/2014 - 3:59pm
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Craig R.tldr: I'm a gamer, and imo those who support GamerGate should feel free to take a flying leap off a cliff.09/20/2014 - 1:27pm
Craig R.Not only that, I'm pretty sure that if actual studies were done, you'd still deny them, Sleaker. After all, it's not what you'd want to hear to support your rose-colored view of GamerGate.09/20/2014 - 1:18pm
Craig R.There IS an issue. Nor do we need a study to show that if you deny it then you're part of the problem.09/20/2014 - 1:17pm
Sleakersimply oust people that do harass others.09/20/2014 - 11:34am
Sleaker@Conster - I can say the same thing if you think there's been more than a handful. Until there's an actual study on rates no one can claim to know how widespread the incidence of harassment is. Thus the best we can do is 'there might be an issue' and...09/20/2014 - 11:33am
 

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