Tweet Can a video game publisher be successfully sued for releasing a game that makes players want to play it compulsively? That's the question of the hour in the USA, as Lineage II player Craig Smallwood levied a $3 million negligence suit against NCsoft for making the game too addictive. Smallwood found himself playing the MMO for over 20,000 hours in the last five years, to the point where he is unable to function normally in real life -- and he claims it's NCsoft's fault for not warning him in advance. Smallwood's gameplay averaged around 11 hours per day during that period.
Surprisingly, a federal judge has allowed the suit to proceed against the South Korean publisher, stating that "the court finds that plaintiff has stated a claim for both negligence and gross negligence." NCsoft has appealed and asked the judge to dismiss the case. The situation gets more interesting when you consider that Smallwood had his Lineage II accounts banned for alleged grey market RMT activity, although he claims that was a ploy by NCsoft to force players like himself to move over to Aion.
Video game addiction is no new issue, to be sure, but it's interesting that this case seeks to shift the blame from the player to the game company itself. This raises a whole host of new questions. Should publishers be required to slap their products with warning labels? Is there no personal responsibility when it comes to playing MMORPGs? We will have to wait and see if Smallwood's suit succeeds, and what, if any, fallout may occur from the attempt.
Reader Comments (120)
Posted: Aug 20th 2010 9:10AM OmegaDestroyer said
It's lawsuits like this that make me ashamed to be a lawyer.
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Posted: Aug 20th 2010 1:55PM DevilSei said
Dio, consider this. If NCSoft didn't have lawyers to defend them from this guy and his lawyer, then every one of us would be free to sue NCSofts pants off for one reason or another.
And Omega, here here, its not just the lawsuit, but the person pushing it and the judge supporting it. Days like this, makes me wish I could find Justice and smack her around til the blindfold pops off...
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And Omega, here here, its not just the lawsuit, but the person pushing it and the judge supporting it. Days like this, makes me wish I could find Justice and smack her around til the blindfold pops off...
Posted: Aug 20th 2010 9:19AM (Unverified) said
You have to be kidding me /facepalm
It was his choice to play those hours and neglect his real life, no one made you play. Yes very coincidential that he was banned and now the lawsuit, quite QQ about your account. It was your own fault for buying credits online. There is no common sense in the legal world anymore. The judge for allowing it and the guy filing the suit are losers
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It was his choice to play those hours and neglect his real life, no one made you play. Yes very coincidential that he was banned and now the lawsuit, quite QQ about your account. It was your own fault for buying credits online. There is no common sense in the legal world anymore. The judge for allowing it and the guy filing the suit are losers
Posted: Aug 20th 2010 9:18AM DarkMellie said
What a wanker... and I'm only talking about the judge!
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Posted: Aug 24th 2010 10:41PM (Unverified) said
Extra Extra read all about it
Man sues God for addiction to air and water
God is not amused.
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Man sues God for addiction to air and water
God is not amused.
Posted: Aug 20th 2010 9:22AM Holgranth said
Well I got to say that is pathetic. Personal responsibility is dieing or somthing. Self control is no longer a factor in our modern........... *thinks of the Romans* Belay that.
We are just as !@$^ed up as ever I guess. If this dude wins that is a HORRIBLE precident fore about a million more lawsuits.
In my opinion 95% of people that claim to be "addicted" are merely using that claim to justify their lifestyle. If the were "weak willed" or "lazy" it would be their own fault right? But since they are "adicted" its out of their control, not their responsibility, "I am a victem somone else is to blame."
I know I used games as a dodge when I was a teenager. It wasn't that I was addicted I just didn't have the drive to get stuff done so I would procrastinate and play games instead.
If I didn't play games I would read a book, or watch a movie, or download stuff off dial-up internet. It wasn't the games or the movies or the internet that was to blame, I was just lazy.
Sure there are addicts out there, but they are a tiny minority. Gamers and their familys scream, 'addiction!' To transfer the blame to somone else.
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We are just as !@$^ed up as ever I guess. If this dude wins that is a HORRIBLE precident fore about a million more lawsuits.
In my opinion 95% of people that claim to be "addicted" are merely using that claim to justify their lifestyle. If the were "weak willed" or "lazy" it would be their own fault right? But since they are "adicted" its out of their control, not their responsibility, "I am a victem somone else is to blame."
I know I used games as a dodge when I was a teenager. It wasn't that I was addicted I just didn't have the drive to get stuff done so I would procrastinate and play games instead.
If I didn't play games I would read a book, or watch a movie, or download stuff off dial-up internet. It wasn't the games or the movies or the internet that was to blame, I was just lazy.
Sure there are addicts out there, but they are a tiny minority. Gamers and their familys scream, 'addiction!' To transfer the blame to somone else.
Posted: Aug 21st 2010 9:02AM mysecretid said
Must agree Holgar -- the more people use the word "addiction" to cover up the fact that they created their own problems in a normal fashion -- the harder it becomes for people who have genuine addictions to get the attention and assistance they truly need.
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Posted: Aug 20th 2010 9:23AM (Unverified) said
so because this person couldn't manage his time, it's NCs' fault? u gotta be shittin me. seriously. you can really sued anyone for anything here in America. This reminds me of the lawsuit with the fast food restaurants. It's call management people need to l2use it
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Posted: Aug 20th 2010 9:27AM Sylvurdragon said
Ok...seriously? This is why tort reform is necessary. What if this actually goes through, and some hot-shot attorney is able to sway the judge to rule on behalf of the Plaintiff. Imagine what this would do to the MMO Community. Noone will every put blame on themselves and every parent who should be knocked for bad parenting will suddenly have a case against said mmo and the company it is associated with.
Good bye WoW
Good bye DDO
Good bye LoTro
Good bye City of Heroes & Champions online.
Noone will want to invest in an MMO simply on the grounds that they would have the risk of this happening to them
I really hope that this doesn't grow legs...
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Good bye WoW
Good bye DDO
Good bye LoTro
Good bye City of Heroes & Champions online.
Noone will want to invest in an MMO simply on the grounds that they would have the risk of this happening to them
I really hope that this doesn't grow legs...
Posted: Aug 20th 2010 9:48AM DarthCheese said
Exactly.
Makes you wonder, what is he really trying to achieve?
Force MMO developers to make more boring games?
Have the goverment enforce strict laws like in China?
Ban MMOs completely?
Or...
He's just a greedy loser that's too lazy to get a job to pay for his MMOs so he's looking for a quick buck. In a way that could harm the whole MMO community. I don't think you can get more selfish than that.
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Makes you wonder, what is he really trying to achieve?
Force MMO developers to make more boring games?
Have the goverment enforce strict laws like in China?
Ban MMOs completely?
Or...
He's just a greedy loser that's too lazy to get a job to pay for his MMOs so he's looking for a quick buck. In a way that could harm the whole MMO community. I don't think you can get more selfish than that.
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