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 9:34AM wjowski said
You people seriously need to dial down the hysteria. It's just a stupid lawsuit and the guy has no chance in hell of winning.
Posted: Aug 20th 2010 9:34AM Ocho said
11 hours per day?!! Holy jeez! It takes me two weeks to get that amount of time. I wonder what he does for a living, besides frivilous lawsuits, of course...
In all seriousness, he should NOT have a case, I'm surprised the judge took it at all. But in the same way its printed on every lottery ticket and every casino ad and every cigarette box, there are warnings about the addiction of the product. This may have the consequence of having the warning put on video game content as well, whether its deserved or not...
In all seriousness, he should NOT have a case, I'm surprised the judge took it at all. But in the same way its printed on every lottery ticket and every casino ad and every cigarette box, there are warnings about the addiction of the product. This may have the consequence of having the warning put on video game content as well, whether its deserved or not...
Posted: Aug 20th 2010 9:38AM (Unverified) said
Wow..... simply amazing that something like this even gets its day in court.
I will say, FFXI has a pop-up warning when you log in warning you that it is easy to forget about your friends, family and real life outside of the game. I used to be so annoyed that I had that warning pop-up every time I logged in. Now I'm thinking, "Good job, SE!" At lease they won't be subjected to idiots like this guy.
I will say, FFXI has a pop-up warning when you log in warning you that it is easy to forget about your friends, family and real life outside of the game. I used to be so annoyed that I had that warning pop-up every time I logged in. Now I'm thinking, "Good job, SE!" At lease they won't be subjected to idiots like this guy.
Posted: Aug 20th 2010 1:29PM Dblade said
FFXI also has mobs that only spawn once every 72 hours, with one notorious one that used to require you to spend 12 hours a day camping it's window. It's also a game where it can take you 6-8 hours just to organize a party for a mission or sky boss and complete it (or fail it) considering retries.
Most serious FFXI players laugh every time they see that warning because FFXI is designed to make you have no life if you want to play it at the higher levels.
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Most serious FFXI players laugh every time they see that warning because FFXI is designed to make you have no life if you want to play it at the higher levels.
Posted: Aug 20th 2010 9:40AM (Unverified) said
Also, McDonalds can make you fat and coffee can be hot when you first get it.
Now wheres my Brawndo.....
Now wheres my Brawndo.....
Posted: Aug 20th 2010 9:44AM (Unverified) said
i loled IRL. Pretty soon Gaming will become as illegal as drugs , and you will go to jail for playing Mario. USA... liberty and rights taken to an obscene level.
Posted: Aug 20th 2010 9:49AM (Unverified) said
I don't know whats worse, the sad arsehat nolife,or the parasitic lawyers working his case for him.
Posted: Aug 20th 2010 9:49AM (Unverified) said
Addictive.
Not addicting.
...
Not addicting.
...
Posted: Aug 20th 2010 9:53AM (Unverified) said
Addictive personality caused by low dopamine production as a genetic deficiency from parents who conceived while grossly dependant on narcotics for dopamine release. His real crime however, was lack of responsibility. I dont know anyone who can take care of themselves and at the same time have 11 hours a day to play a game, even if they skipped meals, bathing, transportation to work and back.
Posted: Aug 20th 2010 9:54AM (Unverified) said
Whats funny to me is, it kinda makes me want to try Lineage II
Posted: Aug 20th 2010 9:54AM Snichy said
Speaking from a non-US resident, this is why America has such a laughable litigation culture reputation around the world - it seems people sue other people for the smallest stupid reason a lot more than anywhere else. Its the legal system to blame - if they didnt let these people through the system then people would stop doing it - so you will always get chancers who want to make a quick buck regardless of whether it is morally right. Its not about whether he should, its about whether he could.
Posted: Aug 20th 2010 10:17AM (Unverified) said
Yet people risk their lives to come here. What does that tell you about the rest of the world?
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Posted: Aug 20th 2010 10:37AM DarthCheese said
"Yet people risk their lives to come here. What does that tell you about the rest of the world?"
Everyone else got WMDs and wants to get bombed? Oh and they got oil too? And maybe have their president executed?
You sir, completely fail at trolling.
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Everyone else got WMDs and wants to get bombed? Oh and they got oil too? And maybe have their president executed?
You sir, completely fail at trolling.
Posted: Aug 20th 2010 10:39AM pcgneurotic said
@Sneaky People risk their lives crossing borders everywhere dude.
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Posted: Aug 20th 2010 1:31PM Xtofer said
Somehow I knew that this topic would generate an America vs The World thread somewhere.
I'm an American myself, and I know that there are several people in the US that feel entitled to the most unreasonable things. This doesn't, however, mean that it's any different across the world. We just get more buzz about it.
Look at things objectively people, rather than making blanket statements based on nationalities.
Reply
I'm an American myself, and I know that there are several people in the US that feel entitled to the most unreasonable things. This doesn't, however, mean that it's any different across the world. We just get more buzz about it.
Look at things objectively people, rather than making blanket statements based on nationalities.
Posted: Aug 21st 2010 10:18PM Tizmah said
Freedoms like free speech and everything else about America comes with the negative side. The idiots have their say too unfortunately. You can't hush the left side while letting the right side speak only. If he wants to waste his money of something like this, then let him be. That's his right.
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Posted: Aug 26th 2010 12:22PM (Unverified) said
LOL In case you didn't notice (or didn't want to) it IS America vs. the rest of the world. And if we wanted what you pathetic ingrates have, we'd take it and leave. You want imperialism, we learned from the best (UK).
Even in our worst of times, people are begging to come here. Everyone loves to hate whoever is on top, thing is we thrive on it. Give us your hate, your angst, your gnashing of teeth. In the end it just verifies what we all know, your country simply doesn't measure up.
Reply
Even in our worst of times, people are begging to come here. Everyone loves to hate whoever is on top, thing is we thrive on it. Give us your hate, your angst, your gnashing of teeth. In the end it just verifies what we all know, your country simply doesn't measure up.
Posted: Aug 20th 2010 10:01AM (Unverified) said
facepalm.
Jezz wtf.. he really should make himself a schedule or something.
Jezz wtf.. he really should make himself a schedule or something.
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