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Join Date: Dec 2007
02-01-2010, 12:14 PM
Originally Posted by
Well, I can attest, at having to keep a small retinue of lawyers on retainer, that people will sue for just about anything...
If you got the money, or you're going after deep pockets, you can find a lawyer who will do your bidding.
Just my 2.5 cents as I finish e-filling payroll taxes.
This is somewhat true. IF you have a lawyer already on retainer, you can use them to sue. However, a suit brought against a game company for a few days of downtime won't even make it to the annoy Cryptic state. Summary judgement and all you do is pay Cryptic for your fun, and pay court costs.
Torts, if the sue happy idiots would read, are based on some simple premises. The cost of loss suffered is the basis for all tort, including intangibles. When you buy a game, you pay for the promise of playing the game, but that playing is expressed in a monthly fee, for example, $30 per month (just to make up an easy number). A reasonable adult consumes the game 30 hours per month, giving a reasonable price of services of 1$ per lost day of play time.
If you are playing the game and the servers crash, then in this scenario you are injured to the term of $1 per day you cannot sign on (and of course, STO is less pricy so value of injury is less).
Emotional suffering does not count unless in the place of the game Cryptic flashes pictures of **** Cheney in his underwear, Hugo Chavez hugging a panda bear, or something emotionally scarring. Then the cost of suffering is the price that must be paid to you to repair the damage. No such loss incurs in an MMO.
To leave the realm of small claims court, you need to exceed $5000 or some other large amount of cash in most states. Meaning you must miss 5000 days of play. That is 13 years and 6 months of lost playing.
The suit will be lost on summary judgement because the level of loss does not reach the minimum needed for normal court, and will be handed to small claims. And to get there you will pay the Sheriff 50 bucks to delivery your summons, and maybe $500 dollars of court costs.