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 10:04AM kjhasdfjkhk said
That's what you get for having judges ruling over a concept that is beyond their understanding. It's not the game's fault, it's obviously the person's fault for having no self control. I thought that would be extremely logical and require almost no common sense to realize.
Posted: Aug 20th 2010 11:04AM Lt Cobalt said
So he thinks he deserves money because he's too weak willed to control himself? What a retard, maybe he should go to one of those gaming addiction camps in Korea and get electrocuted and beaten instead.
Posted: Aug 20th 2010 10:16AM Stormwaltz said
"I'm addicted to gambling, it's the casino's fault!"
"I'm addicted to alcohol, it's the brewer's fault!"
Because in America, it never has to be your fault if you can afford a lawyer.
"I'm addicted to alcohol, it's the brewer's fault!"
Because in America, it never has to be your fault if you can afford a lawyer.
Posted: Aug 20th 2010 10:18AM (Unverified) said
Tough one. I'm not completely against a label of some kind. I'm very glad games like WoW weren't popular when I was in highschool, it could have been quite damaging.
Sure it's people's own responsibility, but a warning would be fair. We do it for other potentially dangerous products.
Sure it's people's own responsibility, but a warning would be fair. We do it for other potentially dangerous products.
Posted: Aug 20th 2010 10:41AM DeadlyAccurate said
Why? It's not the developer's fault he can't control himself. I control myself just fine. Right now I'm jonesing for some more City of Heroes, which I just got into the other night. I really, really would love to fire it up. Heck, not only do I work for myself, but I'm even home. No one would know. But I don't play games during my work time. Most people don't.
The developers don't have any responsibility to control my personal behavior. Since this guy thinks NCSoft is responsible for him, maybe the judge should grant NCSoft power of attorney to make all his decisions for him.
Reply
The developers don't have any responsibility to control my personal behavior. Since this guy thinks NCSoft is responsible for him, maybe the judge should grant NCSoft power of attorney to make all his decisions for him.
Posted: Aug 20th 2010 10:18AM pcgneurotic said
I'm going to sue this chic at work for being too damned attractive to me. Maybe she'll like me more if I drag her through the courts?
Posted: Aug 20th 2010 10:51AM DarthCheese said
Yeah, let's have all hot chicks wear totally unattractive space suits or something.
Oh wait... ><
:P
Reply
Oh wait... ><
:P
Posted: Aug 20th 2010 10:29AM remover said
I kind of agree with this, at least to the point that companies should at least be providing a web link to resources for managing any sort of extreme habit forming, and some sort of related disclaimer. Plenty of less addicting things are required by law to do so.
Posted: Aug 20th 2010 10:35AM remover said
Lots of people are prone to addiction for whatever reason, a large percentage of the population - not just a few "weirdos".
Games like WoW are very insideous, they draw you in with simple appearances, and it's not until you're completely tangled into it all, already personally invested into it with hours and hours of gameplay and attached to your character(s) that you realize that they've basically set up the random number generators and raid lockouts and everything to consume unbelieveable amounts of time and keep you busy so you don't walk away, get bored and cancel your subscription.
Yes, the user needs to be responsible for their own actions, but someone who is fragile in the first place may go into it with good intentions and have no idea what they're getting themselves into. Publishers of these titles should be free to do as they please, but if they're going to design something where their business model is based on what is more or less, addiction... they need to be responsible about it.
Reply
Games like WoW are very insideous, they draw you in with simple appearances, and it's not until you're completely tangled into it all, already personally invested into it with hours and hours of gameplay and attached to your character(s) that you realize that they've basically set up the random number generators and raid lockouts and everything to consume unbelieveable amounts of time and keep you busy so you don't walk away, get bored and cancel your subscription.
Yes, the user needs to be responsible for their own actions, but someone who is fragile in the first place may go into it with good intentions and have no idea what they're getting themselves into. Publishers of these titles should be free to do as they please, but if they're going to design something where their business model is based on what is more or less, addiction... they need to be responsible about it.
Posted: Aug 20th 2010 11:24AM sandwiches said
Where does this stop? People with addictive personalities can get addicted to EVERYTHING! What, we should start putting warning labels on coffee, playing cards, books, stamps, or anything else a person might potentially get addicted to??
Reply
Posted: Aug 20th 2010 10:32AM (Unverified) said
This is the most moronic lawsuit ever filed.
I have been playing L2 since closed beta and I can tell you its not that addicting.
There are even warnings in game that come up at least once an hour, maybe even more, that state, "You have been playing for and extended period of time please consider taking a break." I have even seen messages that tell me playing for an extended period of time can be hazardous to you health please consider taking a break.
As far as them banning him for RMT to try to get him to play Aion, that is such a crock of ****. Why would a company ban you for RMT just to get you to move to another game in which you will most likely use RMT again.
I have been playing L2 since closed beta and I can tell you its not that addicting.
There are even warnings in game that come up at least once an hour, maybe even more, that state, "You have been playing for and extended period of time please consider taking a break." I have even seen messages that tell me playing for an extended period of time can be hazardous to you health please consider taking a break.
As far as them banning him for RMT to try to get him to play Aion, that is such a crock of ****. Why would a company ban you for RMT just to get you to move to another game in which you will most likely use RMT again.
Posted: Aug 20th 2010 1:36PM Dblade said
They are good about giving notices about how long you have played, yeah. But most NCsoft games are tremendous grinds worse than any other on the market. It's like putting the surgeon general's warning labels on cigarettes. Nice, but it doesn't stop people from using them that much.
Reply
Posted: Aug 20th 2010 10:37AM MewmewGrrl said
Smallwood? The guy's name is Smallwood? *checks calendar* Hmm, well it's not April 1st, but still, something doesn't sound all that realistic about this.
Posted: Aug 20th 2010 10:46AM wcdregon said
not that I agree but I enjoy playing the devil's advocate.
what if this dude really does have VG addiction, addiction is real.
video games have caused murders, and neglectful death of self and others.
I don't think that he should be compensated, does phillip morris compensate dead smoker's families or do drug companies compensate for people addicted to percocet or morphine or oxycotin. Bacardi has never payed a single alcoholic. Its sad that he has lost his entire life due to addiction, but is it really NCSoft's financial responsibility. thousands and thousands play Lineage II and the pool of truly dedicated is small. so how could the game be overly addictive if only 1% of the game population suffers from addiction. I think it's more likely that these individuals are more prone to addiction of all sorts and they just happened to attain a VG addiction. Honestly, if I had a choice of something to be addicted to, video games would be high on the list. be glad its not a crack addiction.
what if this dude really does have VG addiction, addiction is real.
video games have caused murders, and neglectful death of self and others.
I don't think that he should be compensated, does phillip morris compensate dead smoker's families or do drug companies compensate for people addicted to percocet or morphine or oxycotin. Bacardi has never payed a single alcoholic. Its sad that he has lost his entire life due to addiction, but is it really NCSoft's financial responsibility. thousands and thousands play Lineage II and the pool of truly dedicated is small. so how could the game be overly addictive if only 1% of the game population suffers from addiction. I think it's more likely that these individuals are more prone to addiction of all sorts and they just happened to attain a VG addiction. Honestly, if I had a choice of something to be addicted to, video games would be high on the list. be glad its not a crack addiction.
Posted: Aug 20th 2010 10:49AM benfolds said
So let me see now.....I need to get lawsuits rolling on CCP, Blizzard(Bobby Kotick, I'm coming for you), NCSoft, Cryptic, Frogster. Man I got a lot of work to do. I want to retire early too. These companies have taken up a lot of my life in the last few years.
This guy is a Tool. Pure and simple. Looking to retire early on someone else's dime. Our society at it's worst.
Cut it out, Smallwood!!
This guy is a Tool. Pure and simple. Looking to retire early on someone else's dime. Our society at it's worst.
Cut it out, Smallwood!!
Posted: Aug 20th 2010 10:55AM Deadalon said
Now now... Smoking is addictive and the companies making Cigarettes have no obligations to warn ppl about it !! This was the case not so long ago. OFC all know the truth tho.
Its same about game addiction - And now increasingly ONLINE ROLE PLAYING game addiction. Its a reletive new term and long term effects are not fully understood yet. Many agree and KNOW that too much time infront of computers is not healty - and any sort of product that pushes people to spend MORE time infront of a computer could be considered reliable for the health of that person. Dont forget that the product is making financial gains of keeping ppl.
And lets be reasonable here. THere are alot of young kids playing online videogames today. The risk of them becoming addictive in the future is much higher. It might even be considered very damaging to young gamers to spend time on role playing games that require long playtimes to progress.
Now... the real question here is... shouldn't MMO games be banned for all players younger than 16 - or even 20? The latest studies show that the RISK of becoming addictive to games is more likely to happen if you start playing them at young age.
What ppl here need to realise that MMORPG addiction is not the same as gaming addiction. More studies will come out in the next 2 or 3 years that show incredible numbers when it comes to young kids and the effects that MMORPG has had on their quality of life.
Its same about game addiction - And now increasingly ONLINE ROLE PLAYING game addiction. Its a reletive new term and long term effects are not fully understood yet. Many agree and KNOW that too much time infront of computers is not healty - and any sort of product that pushes people to spend MORE time infront of a computer could be considered reliable for the health of that person. Dont forget that the product is making financial gains of keeping ppl.
And lets be reasonable here. THere are alot of young kids playing online videogames today. The risk of them becoming addictive in the future is much higher. It might even be considered very damaging to young gamers to spend time on role playing games that require long playtimes to progress.
Now... the real question here is... shouldn't MMO games be banned for all players younger than 16 - or even 20? The latest studies show that the RISK of becoming addictive to games is more likely to happen if you start playing them at young age.
What ppl here need to realise that MMORPG addiction is not the same as gaming addiction. More studies will come out in the next 2 or 3 years that show incredible numbers when it comes to young kids and the effects that MMORPG has had on their quality of life.
Posted: Aug 20th 2010 11:26AM sandwiches said
Can you link to any current studies that support what you're saying?
Reply
Posted: Aug 20th 2010 11:34AM DarthCheese said
"Addiction" to smoking is purely psychological.
There are tons of studies that prove that nicotine does not provide any of the benefits smokers "believe" it does, like stress relief, etc. Nicotine does not relieve you of stress... that much has been scientifically proven. You just "believe" it does.
This is coming from a fromer smoker who quit couple years ago.
Reply
There are tons of studies that prove that nicotine does not provide any of the benefits smokers "believe" it does, like stress relief, etc. Nicotine does not relieve you of stress... that much has been scientifically proven. You just "believe" it does.
This is coming from a fromer smoker who quit couple years ago.
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