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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Andrew EisenThat was quick! Pretty accurate cosplay of the new Ghostbuster uniform and proton pack: https://twitter.com/mirabellemusing/status/61673135125394227207/03/2015 - 6:23pm
Matthew Wilson@mast I dont know, but I do know it got a cult fallowing here.07/03/2015 - 6:22pm
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
Andrew EisenActually, "things I'd like to see become standard in video games" ain't a bad idea for one of my future YouTube videos.07/03/2015 - 1:05am
 

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