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Addicted Gamer Sues NCsoft over Lineage II, Saying He is ‘Unable to Function’

Source: Wired.com

A federal judge is allowing a negligence lawsuit to proceed against the publisher of the online virtual-world game Lineage II, amid allegations that a Hawaii man became so addicted he is “unable to function independently in usual daily activities such as getting up, getting dressed, bathing, or communicating with family and friends.”

Craig Smallwood, the plaintiff, claims NCsoft of South Korea should pay unspecified monetary damages because of the addictive nature of the game. Smallwood claims to have played Lineage II for 20,000 hours between 2004 and 2009. Among other things, he alleges he would not have begun playing if he was aware “that he would become addicted to the game.”

Smallwood, who did not immediately respond for comment, alleged that the company “acted negligently in failing 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.”

Released in 2003 as a sequel to the original Lineage game, which was a national phenomenon in South Korea, Lineage II is an immersion 3-D MMORPG that gained a reported 600,000 users within a few years, and is still being regularly expanded and updated six years later — all the better to turn more vulnerable Americans into bleary-eyed shut-ins.

U.S. District Judge Alan Kay refused to dismiss parts of Smallwood’s complaint this month, possibly clearing the way for a trial. ”In light of plaintiff’s allegations, the court finds that plaintiff has stated a claim for both negligence and gross negligence,” Kay ruled

An attorney for the company was not immediately prepared to comment on Kay’s August 4 decision. But in a Tuesday court filing, NCsoft again urged the judge to dismiss the case.


I thought this article could spur an interesting debate so I decided to post it. And given that certain games are designed from the get-go to be addictive I think the possibility of a warning label on games such as Lineage are a real possibility in the future. What do you think GAF?
 

evlcookie

but ever so delicious
I guess he had enough energy to get off his ass and sue them. Maybe if he used the same energy to turn the computer off and walk outside, he wouldn't have to go through all this.
 
2San said:
If they want to put a warning label on it go for it, not like it'll matter. :lol

Yeah, I view addictive games the same way I do cigarettes. There's plenty of information out in the public sphere concerning the danger involved with partaking in these activities and people should make that decision for themselves.
 

kenta

Has no PEINS
So this guy caught a rerun of Boston Legal

This is the exact plot of an episode in the second or third season
 

eznark

Banned
How does a "journalist" write this up and fail to give a location. Jesus, put a tiny fucking ounce of effort into your job.
 
eznark said:
How does a "journalist" write this up and fail to give a location. Jesus, put a tiny fucking ounce of effort into your job.

He included links to the court filings for both the defense and the plaintiff, it's in Hawaii btw.
 

sholmes

Neo Member
Just in case anyone is wondering, the judge's ruling is pretty technical. The quote from the article, taken by itself, may suggest to some people that the judge thinks the plaintiff (Craigwood) has a decent case on the negligence and gross negligence claims. That's not what the ruling means at all.

Basically, NCsoft wanted the negligence and gross negligence claims dismissed because it believed they were essentially the same as other claims (Fraud) made by the plaintiff. The court disagreed and ruled that the negligence claims were separate and therefore legally viable on their own.

NCsoft will eventually file a motion to dismiss these claims because the facts don't support them. That's when we'll know how strong the case is. The plaintiff has a lot of hurdles to overcome before trial becomes a real possibility.
 
20.000 hrs in 5 years

That's 4000 hours a year.

That's about 80 hrs a week.

That's about 50% of the hours in a week.

Impressive. Hats off to u sir
 

Vanpira

Member
He's addicted to an MMO, and he is suing the maker of the game? What? He has a mental disorder, and the game brought it to light. He should be thanking them and receiving therapy.
 
sholmes said:
Just in case anyone is wondering, the judge's ruling is pretty technical. The quote from the article, taken by itself, may suggest to some people that the judge thinks the plaintiff (Craigwood) has a decent case on the negligence and gross negligence claims. That's not what the ruling means at all.

Basically, NCsoft wanted the negligence and gross negligence claims dismissed because it believed they were essentially the same as other claims (Fraud) made by the plaintiff. The court disagreed and ruled that the negligence claims were separate and therefore legally viable on their own.

NCsoft will eventually file a motion to dismiss these claims because the facts don't support them. That's when we'll know how strong the case is. The plaintiff has a lot of hurdles to overcome before trial becomes a real possibility.

Thank you for clearing that up. I was thinking some judge was saying "I'm going to allow this" in their courtroom or something.

What an idiot. If only Thompson hadn't been disbarred! This would have been a match made in heaven.
 
LegendofJoe said:
...became so addicted he is “unable to function independently in usual daily activities such as getting up, getting dressed, bathing, or communicating with family and friends.”

Wow, sounds worse than having a stroke.
 

sholmes

Neo Member
flyinpiranha said:
Thank you for clearing that up. I was thinking some judge was saying "I'm going to allow this" in their courtroom or something.

What an idiot. If only Thompson hadn't been disbarred! This would have been a match made in heaven.

No problem. Happy to help.

Also, although the plaintiff had help from an attorney for one of his later filings, he is technically representing himself - which may tell you what attorneys think of his case.

I wouldn't expect this case to go too far.
 

Jim Stark

Neo Member
eznark said:
How does a "journalist" write this up and fail to give a location. Jesus, put a tiny fucking ounce of effort into your job.


A federal judge is allowing a negligence lawsuit to proceed against the publisher of the online virtual-world game Lineage II, amid allegations that a Hawaii man became so addicted he is “unable to function independently in usual daily activities such as getting up, getting dressed, bathing or communicating with family and friends.”
 

ScRYeD

Member
LegendofJoe said:
He included links to the court filings for both the defense and the plaintiff, it's in Hawaii btw.

If I lived in Hawaii, video games would be the last thing I'd be addicted to.
 
There are so many MMO horror stories out there I'm starting to hope I don't get into the DCU Online beta :lol I still remember that weird sick feeling that set in after the 14th consecutive hour of PSO, then sleeping for 6 hours, getting up and starting again the second my eyes opened.
 

Jerk

Banned
imtehman said:
he's unable to function in his daily activities but he can go out and sue the company? slap yourself

I dunno mang, lawyers (and the stupid bastards that make them necessary) have streamlined the litigation process to such an extent that he probably did not need to leave the comfort of his cave in order to get the ball rolling on this.
 

Fusebox

Banned
He should sue his parents instead for turning out a kid with an addictive personality and no ability to take responsibility for his own actions.
 

Safe Bet

Banned
water_wendi said:
Who knows if they will win? i certainly dont think they should.
I don't think it's too much to ask corporations to assume some social responsibility when knowingly producing an addictive product.

Fusebox said:
He should sue his parents instead for turning out a kid with an addictive personality and no ability to take responsibility for his own actions.
Drug War's over boys!

Wrap it up!

This dude on neoGAF just solved the problem!
 

Fusebox

Banned
Safe Bet said:
I don't think it's too much to ask corporations to assume some social responsibility when knowingly producing an addictive product.

Everything is addictive to someone, the real risk is when we start creating rules based around the exceptional dregs of society instead of the community norms.
 

kenta

Has no PEINS
Safe Bet said:
I don't think it's too much to ask corporations to assume some social responsibility when knowingly producing an addictive product.
So we need to put warnings on anything that anyone creates if they create it with the intention of hoping the consumer enjoys the experience and wants to return for more? Like, you're saying Taco Bell should have warning stickers on their front doors warning about addiction? Google should have a warning on their web site warning about addiction? Ford vehicles? Podcasts?

The legal definition of "addictive" seems like a pretty slippery slope

Edit: AND ANOTHER THING. So let's say you get your way and NCsoft and Blizzard are legally obligated to put a black-and-white warning screen or sticker on the box that says "WARNING: THIS PRODUCT CAN BE ADDICTIVE. CHECK WITH YOUR PSYCHOLOGICAL COUNSELOR BEFORE ENGAGING IN THIS ACTIVITY." That's just going to solve everything isn't it? People will just stop being addicted because of those words
 
Safe Bet said:
I don't think it's too much to ask corporations to assume some social responsibility when knowingly producing an addictive product.

Drug War's over boys!

Wrap it up!

This dude on neoGAF just solved the problem!

What the hell is "addictive"? Reading can be addictive, working out can be addictive ... if you look at ANYTHING on the planet somebody has taken it to excess.

And comparing a guy who plays videogames too much to somebody who is physically addicted to a chemical? OK ...

Shit, I drink a lot of a water ... maybe there should be a warning label since you can actually die from drinking too much water. BRB gunna sue water compny.

I just think that type of attitude is taking even more accountability away from the human race for their actions and I think we need more.
 
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