Lt. Commander
Join Date: Dec 2007
Posts: 120
# 31
02-01-2010, 11:36 AM
The only problem with suing because the coffee was too hot, someone will sue because the coffee was to cold and they paid for a hot cup of coffee. People will sue for anything if given the chance. I t will take someone in the court system to start fining people who bring a frivolous case to court. Unfortunately they would most likely sue the judge for infringing on their rights.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 32
02-01-2010, 11:37 AM
Quote:
Originally Posted by Callasan View Post
It's been disproven, too - twice.

First one is the Blizzard/Vivendi vs. MDM suit - MDM made a bot to play WoW and sold it. Blizzard stepped in, and won the case on both technical and EULA grounds.

Second was that joker who sued Sony over being permabanned from PSN. His offense? Trolling, insulting others, and swearing - all EULA violations. The case was thrown out by the officiating judge.
Firstly it's MDY Industries, LLC and Secondly it's MDY Industries v Vivendi/Blizzard with reverse filed after original suit. Secondly, that case has nothing to do with suing over servers down, and it;s set to be over turned by appeals due to the fact the ludicrous claim the judge made in his verdict.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 33
02-01-2010, 11:39 AM
Quote:
Originally Posted by Callasan View Post
It's been disproven, too - twice.

First one is the Blizzard/Vivendi vs. MDM suit - MDM made a bot to play WoW and sold it. Blizzard stepped in, and won the case on both technical and EULA grounds.

Second was that joker who sued Sony over being permabanned from PSN. His offense? Trolling, insulting others, and swearing - all EULA violations. The case was thrown out by the officiating judge.
I knew about the MDY case - that went somewhat beyond simple EULA enforcement though, as I recall Blizzard claimed that WoWGlider made an "illegal copy" of their software in RAM and the judge agreed with them. I think that was the case wjhere both sides went and got expert testimony on the impact of botting and gold-selling on the game economy? Well, when I say "expert" - Blizzard got Ed Castronova, who literally wrote the book on virtual world economies. MDY got some guy from the University of Kentucky that nobody had ever heard of ...
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 34
02-01-2010, 11:43 AM
Quote:
Originally Posted by FINALCUT View Post
There seems to be alot of people who react to things they don't like in game by threatening a lawsuit with Cryptic.When did we ,as a society decide everyone needs to be sued all the time for everything you don't like in the World?Do you know how silly you look when you threaten to sue a game developer becuase the phaser is the wrong color,or the game didn't come out the way you want it,or God forbid,the server is down for a bit.

We have really sunk to new lows when things like this happen.Here is an example of some silly things that most likely came about due to a lawsuit.My wife was eating a tin of smoked oysters and on the side of the tin I noticed it said"warning,product may contain oysters"I was like WTF.You know someone,somewhere sued this oyster company and they had to put that label on the can.Next thing ,all video game companies will need to put somewhere on the EULA that "servers may come down for maintenance from time to time at the companies discretion"Wait,they already say that.Grow up people and stop calling a lawyer everytime you get a percieved wrong in your life.Rant over.
I agree, there's a line and it gets crossed too often.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 35
02-01-2010, 11:45 AM
Quote:
Originally Posted by lunatec View Post
Did you happen to read the whole article? To suffer 3rd degree burns from a hot water-based liquid would mean that the coffee was really beyond too hot to drink.

I hate defending this kind of thing, but that was really excessively hot coffee.
I have in the past, but I actually wasn't commenting on that particular cases merits. But that case made huge media coverage, and gave many people the idea they should sue over anything. I didn't explain where I was coming from with that though, so I apologize for that.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 36
02-01-2010, 11:46 AM
Sue Ya, by Weird Al Yankovic

http://www.youtube.com/watch?v=1ZL12uc5qQg&feature=fvst

Nuff said.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 37
02-01-2010, 11:54 AM
It's all a bit of a pendulum. It used to be that the legal system was such a "good ole' boy system," you couldn't even think about trying to right a wrong or seek damages for liability suits. I've seen so many of those cases just get disappeared it's not even funny.

Then you had the huge uptick in "landmark" lawsuits after successful cases like those referenced above, and others.

Methinks the pendulum is heading back the other way. DMCA, Copyright, EULAs and such are usually held up quite a bit in court now-a-days, perhaps beyond what they should.

I'm not saying you wont get laughed out of court for suing over a video game, but by the same token, slapping the clause "WE ARE ONLY LIABLE FOR THE AFOREMENTIONED PRODUCT AND SERVICES, AND SHALL NOT BE LIABLE FOR ADDITIONAL...(insert generic clauses here)," shouldn't offer unlimited protection from really bad products or services, especially those tying you into a guaranteed contract...which this game isn't - you pay upfront, and keep paying until you don't want to use it anymore, unlike a mobile plan or such.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 38
02-01-2010, 11:59 AM
Quote:
Originally Posted by FINALCUT View Post
There seems to be alot of people who react to things they don't like in game by threatening a lawsuit with Cryptic.When did we ,as a society decide everyone needs to be sued all the time for everything you don't like in the World?Do you know how silly you look when you threaten to sue a game developer becuase the phaser is the wrong color,or the game didn't come out the way you want it,or God forbid,the server is down for a bit.

We have really sunk to new lows when things like this happen.Here is an example of some silly things that most likely came about due to a lawsuit.My wife was eating a tin of smoked oysters and on the side of the tin I noticed it said"warning,product may contain oysters"I was like WTF.You know someone,somewhere sued this oyster company and they had to put that label on the can.Next thing ,all video game companies will need to put somewhere on the EULA that "servers may come down for maintenance from time to time at the companies discretion"Wait,they already say that.Grow up people and stop calling a lawyer everytime you get a percieved wrong in your life.Rant over.

ZOMG!!!! Ur blu fhont haz hurt mi eyez!!!! Imma gunna sue u!!!!! I dimand compensayshun 4 mi trawmah!!!
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 39
02-01-2010, 12:14 PM
Quote:
Originally Posted by Despriox
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.
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