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 11:36AM (Unverified) said
Children don't need more legislation: They need their parents to step up, do their jobs, and assume some responsibility for the upbringing of their offspring. That includes paying attention to what their kids are doing and providing the appropriate guidance (and discipline, if necessary.)
I'm tired of living in a nanny state because people want to dump their personal responsibility onto others.
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I'm tired of living in a nanny state because people want to dump their personal responsibility onto others.
Posted: Aug 20th 2010 12:10PM Controlled Chaos said
@periastron
Ah! Bite your tongue! To actually want parents to step up and do their friggin' jobs as caregivers? Inconceivable!
@sandwiches
I'd love to see that too, if only for the reason that 'studies' done on this say almost the exact opposite thing just as much.
The problem with a 'won't anyone think of the children?' argument is that the children are usually doing just fine.
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Ah! Bite your tongue! To actually want parents to step up and do their friggin' jobs as caregivers? Inconceivable!
@sandwiches
I'd love to see that too, if only for the reason that 'studies' done on this say almost the exact opposite thing just as much.
The problem with a 'won't anyone think of the children?' argument is that the children are usually doing just fine.
Posted: Aug 20th 2010 1:22PM Deadalon said
There are 3 very big studies on MMORPGs atm. Alot of the latest studies are not yet available online but most of the older ones (2005-2007) can be found by simple search. Few of them are about addictive MMO gaming - reasons and effects.
But like with so many other things - We are talking about multibillion dollar buisnesses that will not accept any sort of responsibility ( just like the cigar companies in the old days). Money talks everywhere - including in terms of funding for such huge study projects. But more and more studies are coming out.
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But like with so many other things - We are talking about multibillion dollar buisnesses that will not accept any sort of responsibility ( just like the cigar companies in the old days). Money talks everywhere - including in terms of funding for such huge study projects. But more and more studies are coming out.
Posted: Aug 20th 2010 2:28PM Dblade said
@periastron
It's easy to say that, but parents are working more hours and longer hours than every before, with divorce at a record high. For many parents the culture itself is preventing them from taking that route.
It's hard to do so when you have to work 3 jobs a day because you had a kid at 20 and the father skipped town. Usually the people who trumpet parental responsibility don't have to deal with the culture currently and are sealed from it's negative effects already.
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It's easy to say that, but parents are working more hours and longer hours than every before, with divorce at a record high. For many parents the culture itself is preventing them from taking that route.
It's hard to do so when you have to work 3 jobs a day because you had a kid at 20 and the father skipped town. Usually the people who trumpet parental responsibility don't have to deal with the culture currently and are sealed from it's negative effects already.
Posted: Aug 21st 2010 12:14AM dudemanjac said
@Dblade. Times being tough and making bad choices early in life don't excuse you from your responsibilities as a parent. And no. I don't have kids. And never will.
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Posted: Aug 20th 2010 10:59AM karnisov said
its not suprising, many games actually promote themselves as being "addictive". j ust a matter of time before the lawsuits hit.
Posted: Aug 20th 2010 11:06AM Higurashi said
This is just stupid. I have been playing Lineage 2 for the past 5 months, and to say that it comes with an addiction that's too tempting to suppress is idiotic. Wjowski hit the nail on the head. If this guy was going to cry about an MMO addiction he is barking up the wrong tree, he should be complaining about the addictive gameplay in WOW or Everquest. Lineage 2 is a masochistic addiction that pretty much does everything in its power to piss you off from the get go. (Hence why so many people don't play it anymore)
Regardless of how much I enjoy playing Lineage 2, I have NEVER missed a day of work to play it, nor would I miss work for any game.
This just shows a lack of responsibilty in his life. Not my problem and not NCsoft's problem.
Now leave NCSoft the hell alone please. They need to ready the Freya update, merge servers, and stop the current lag issue with the new Lineage 2 server hardware they just implemented.
Regardless of how much I enjoy playing Lineage 2, I have NEVER missed a day of work to play it, nor would I miss work for any game.
This just shows a lack of responsibilty in his life. Not my problem and not NCsoft's problem.
Now leave NCSoft the hell alone please. They need to ready the Freya update, merge servers, and stop the current lag issue with the new Lineage 2 server hardware they just implemented.
Posted: Aug 20th 2010 11:17AM rev2k6 said
this guy is full of shit lineage 2 sucks , he must be lying.
Posted: Aug 20th 2010 11:25AM (Unverified) said
This guy has an addiction that isn't simply the fault of the game. That much is true. He needs to share a measure of the blame.
That doesn't make NCSoft innocent - they're well known for producing games that not just reward but require this sort of obsessive, repetitive play.
The fault lies between the two, between the weak-willed individual and a corporation that manufactures skinner boxes that look like games.
That doesn't make NCSoft innocent - they're well known for producing games that not just reward but require this sort of obsessive, repetitive play.
The fault lies between the two, between the weak-willed individual and a corporation that manufactures skinner boxes that look like games.
Posted: Aug 20th 2010 2:16PM (Unverified) said
Every MMO does this. That's pretty much the definition of an MMO. So what it comes down to is someone who's not smart enough to realise that a game that has no defined end can be played for a long time, end of story.
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Posted: Aug 20th 2010 11:45AM Azimn said
You know I check Massively about 5-6 times a day and even have them on my RSS feed screen savor... DAMN YOU MASSIVELY I AM ADDICTED, and well I guess I should sue.
Right?
I'm coming for that fat pay check Schuster!!!
Right?
I'm coming for that fat pay check Schuster!!!
Posted: Aug 20th 2010 11:53AM remover said
They do have warnings or laws governing things that have high potential to interfere with your health or life in some major way. Coffee and food are labeled in different ways with extra warnings if it presents a unique health risk or something.
Those other things you mentioned aren't engineered specifically for addiction. There's a difference between people becoming addicted to random things, and people falling prey to things designed to hook them.
I'm not saying I have any answers, I just don't think people should be dismissing this guy as an idiot so quickly, and that whatever it looks like, the companies designing these things should at least be held accountable in some practical way.
Those other things you mentioned aren't engineered specifically for addiction. There's a difference between people becoming addicted to random things, and people falling prey to things designed to hook them.
I'm not saying I have any answers, I just don't think people should be dismissing this guy as an idiot so quickly, and that whatever it looks like, the companies designing these things should at least be held accountable in some practical way.
Posted: Aug 20th 2010 12:03PM Controlled Chaos said
But he IS an idiot. Everyone gets into these games quite aware of what it involves. This is not a new type of game. There have been sporadic cases of extreme game addiction before and those guys just sucked it up and dealt with it.
Afraid you'll get addicted. Then DON'T PLAY.
Simple. He reaps what he sows.
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Afraid you'll get addicted. Then DON'T PLAY.
Simple. He reaps what he sows.
Posted: Aug 20th 2010 12:12PM DeadlyAccurate said
No, they shouldn't. Being interesting or fun (even really interesting and really fun) does not obligate you to be responsible for other people. This guy, instead of acknowledging that he has a problem and working to fix it, decides to place the blame elsewhere. Why the judge didn't dismiss this suit with prejudice, I don't know.
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Posted: Aug 20th 2010 12:01PM Controlled Chaos said
Ye gods, this is the most pathetic thing I've ever seen. This guy should be taken out and beaten with a stick for wasting people's time. Such a massive loser that he'd focus his time into it for that long and now he wants his time back...
This needs to be tossed out, seriously.
This needs to be tossed out, seriously.
Posted: Aug 20th 2010 12:10PM (Unverified) said
Shock: A judge would permit such a case to be heard? And pass up a beautiful opportunity to create more control and levy taxes in an untapped successful industry such as the video game industry?
The snowball has been rolling for a long time. Time to open up your arms and embrace Communism in the US of A.
Nothing like a cup of hot fresh corruption to start off your day's reading...
The snowball has been rolling for a long time. Time to open up your arms and embrace Communism in the US of A.
Nothing like a cup of hot fresh corruption to start off your day's reading...
Posted: Aug 20th 2010 12:10PM (Unverified) said
Shock: A judge would permit such a case to be heard? And pass up a beautiful opportunity to create more control and levy taxes in an untapped successful industry such as the video game industry?
The snowball has been rolling for a long time. Time to open up your arms and embrace Communism in the US of A.
Nothing like a cup of hot fresh corruption to start off your day's reading...
The snowball has been rolling for a long time. Time to open up your arms and embrace Communism in the US of A.
Nothing like a cup of hot fresh corruption to start off your day's reading...










