Howdy, Stranger!
It looks like you're new here. If you want to get involved, click one of these buttons!
Quick Links
Can Funcom be sued.
Elsabolts
Member RarePosts: 3,476
Ok ive seen a couple of refrences that law-suits have been brought against Funcom for what was promised and what came out and was stated on there boxes. Any lawyers out there wanna give there opion.
" Life Liberty and the Pursuit of Those Who Would Threaten It "
MAGA
MAGA
Comments
no it cannot be sued, because if they were, then SOE would be able to be sued for the content they took out of their game. AOC wasnt the game we expected, get over it.
Playing: EVE Online
Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online
Looking forward to: Archeage, Kingdom Under Fire 2
KUF2's Official Website - http://www.kufii.com/ENG/ -
Based on what is printed directly on the box not matching up to the product itself, then it is always possible.
False advertising.
It should certainly be possible in the UK due to our trading standards policies.
DarkSpace Developer - Play DarkSpace - Play For Free!
Medusa Engine SDK - Free MMO Game Engine
Hampton Roads/East Coast Video Gamers Association
need i say more.
www.ctrlaltdel-online.com/comic.php
3.4ghz Phenom II X4 965, 8GB PC12800 DDR3 GSKILL, EVGA 560GTX 2GB OC, 640GB HD SATA II, BFG 1000WATT PSU. MSI NF980-G65 TRI-SLI MOBO.
no. You cannot sue a MMORPG. Right in their EULA it states they are not held liable for changes in their game and development.
You cannot sue a game for coming out broking or sucking. Any lawyer will laugh you right out of the door. Especially for $50 or $80.
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
I thought comics were supposed to be funny.
In answer to the OP, you can SUE anybody for anything. Look what happened to Rockstar with that "Hot Coffee" bullshit.
Finding a lawyer to take the case and surviving a motion to dismiss are a different issue.
____________________________________________
im to lazy too use grammar or punctuation good
Only Americans sue people when they cant get their way any other way...
no. You cannot sue a MMORPG. Right in their EULA it states they are not held liable for changes in their game and development.
You cannot sue a game for coming out broking or sucking. Any lawyer will laugh you right out of the door. Especially for $50 or $80.
This is a bad response.
The EULA is not printed on the box, and most stores don't take returns of PC games. And if there was actually a viable false advertising claim, even for $50 or $80, some lawyers might salivate over the idea of bringing a class action. Assuming they settle for 20 cents on the dollar, $10 times 500,000 copies times 40% = $2 million for the lawyer.
Now everybody quit playing MMOs and study up to become a class action litigator.
____________________________________________
im to lazy too use grammar or punctuation good
Maybe that's because America's the only place with a legal system that protects its citizens against greedy, lying foreign corporations.
____________________________________________
im to lazy too use grammar or punctuation good
Maybe that's because America's the only place with a legal system that protects its citizens against greedy, lying foreign corporations.
<sigh>.....
Maybe that's because America's the only place with a legal system that protects its citizens against greedy, lying foreign corporations.
Yea corporations that doesn't warn you that freshly brewed coffee is actually hot or that you shouldn't leave the driver's seat while doing 55 mph...
no. You cannot sue a MMORPG. Right in their EULA it states they are not held liable for changes in their game and development.
You cannot sue a game for coming out broking or sucking. Any lawyer will laugh you right out of the door. Especially for $50 or $80.
This is a bad response.
The EULA is not printed on the box, and most stores don't take returns of PC games. And if there was actually a viable false advertising claim, even for $50 or $80, some lawyers might salivate over the idea of bringing a class action. Assuming they settle for 20 cents on the dollar, $10 times 500,000 copies times 40% = $2 million for the lawyer.
Now everybody quit playing MMOs and study up to become a class action litigator.
lol, no its not a bad response. Its a common sense response. And about your black coffee...research it some more. McDonald's appealed that lawsuit until the only thing they paid for was a cup of coffee, a pair of pants and her doctors bill.
Go ahead, sue, AoC. You'll get your ass laughed right out of those doors. Its called a frivilous lawsuit and the judge just may force you to pay funcom's legal costs for having to go to court that day. Try it.
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
You can pretty much try to sue anybody for anything; that doesn't mean you'll win or have a chance of winning though. Really it's more a matter of "Am I enough of a retard to sue somebody for this?" hopefully most people would have something in them that says "Hey there's no laws stopping me from doing this, but I guess I shouldn't be a douchebag"
I am really sick of the "let's sue them" mentality. Soe, Funcom, Turbine, Blizzard, I have seen these sue them threads for all these companies. When you buy an mmo at release you take a risk. Any veteran mmo player knows this. So instead of being an impatient child why not just wait a few weeks and do your research before you buy. If people wait a few weeks they will get the scoop on an mmo by it's players. However I realize a few players or so void of real life activities they have to be the first with that epic gear to prove their worth in the world. So waiting a few weeks would be total agony for them. That is the problem, not a game living up to hype or your own narrow expectations. This is not directed at the OP but at players in general who have this mentality.
We are in a time when people especially americans refuse to take responsibility for their own decisions. We have a crumbling economy. Gas prices going off the chart. A war that is bankrupting the country. A mortgage crisis that is destroying our economy and ruining the lives of many people. Yet people are concerned if they can sue Funcom or SOE over a game. Get a grip people. Games often do not live up to their hype or expectations. Hardly a reason to worry about if you can sue them or not. Just another example of the infantizing of America.
no. You cannot sue a MMORPG. Right in their EULA it states they are not held liable for changes in their game and development.
You cannot sue a game for coming out broking or sucking. Any lawyer will laugh you right out of the door. Especially for $50 or $80.
This is a bad response.
The EULA is not printed on the box, and most stores don't take returns of PC games. And if there was actually a viable false advertising claim, even for $50 or $80, some lawyers might salivate over the idea of bringing a class action. Assuming they settle for 20 cents on the dollar, $10 times 500,000 copies times 40% = $2 million for the lawyer.
Now everybody quit playing MMOs and study up to become a class action litigator.
lol, no its not a bad response. Its a common sense response. And about your black coffee...research it some more. McDonald's appealed that lawsuit until the only thing they paid for was a cup of coffee, a pair of pants and her doctors bill.
Go ahead, sue, AoC. You'll get your ass laughed right out of those doors. Its called a frivilous lawsuit and the judge just may force you to pay funcom's legal costs for having to go to court that day. Try it.
How is it common sense that a person could be bound by the terms of a EULA that they cannot even read before they make an irrevocable purchase? And I wasn't talking about McDonalds. I said "Rockstar" as in GTAIII Rockstar. On top of paying the class action lawyers $1million, Rockstar still had to pay its own lawyers, and a more or less open ended sum to anyone who bought the game. THAT was a frivilous lawsuit, and look how it turned out.
As for McDonalds, the judge reduced the verdict to about $500K, and the parties settled for a confidential amount that is probably somewhat less than that (but almost certainly more than the cost of a pair of pants and a doctor bill).
Anyway, I never said that people should sue Funcom. I just said they could, and might actually have a chance of winning something. Personally, I think people whining about AoC ought to go jump off a bridge. MMO enthusiasts know damn well that 90% of MMOs release with less than what is "promised." The rest of the buyers probably don't give a crap. A lot of people who don't play 20 hours a day are actually enjoying the game.
____________________________________________
im to lazy too use grammar or punctuation good
I had to log in just to laugh at the OP , so here i go /point /laugh , have a nice day.
Anyone wanting to sue a game company for not getting what they want should go hang out in the listed forums. You would get along great with those guys.
http://www.mmorpg.com/gamelist.cfm/game/6/view/forums/forum/802
-Currently looking forward to FFXIV
-Currently playing EvE and Global Agenda
I have sued a couple of times in my life in Small Claims Court and won. And, I'd NEVER do it again. There is no bigger hassle than having to bring someone to court, show up, argue the case, collect (yes, just because you won, collecting is now a big hurdle), and the terrible stress that goes along with it. Just not worth it, in most cases.
Also, if you sue beyond Small Claims Court, does that not mean the expenses can be open ended? I heard of some guy suing a major company over a small bill. He lost the case and ended up owing the other side's $100,000 in legal expenses. The whole deal was over a small 2 or 3-digit amount and now he owes $100,000 because he was petty enough to drag everyone into court. Ouch!
What FunCom promises is on the box and/or in the EULA; the latter no doubt being carefully crafted by lawyers. I am not a lawyer, but I doubt there is a case, and even if there were, I doubt it would be worth the misery and risk of fighting. Consider the $50 you spent as a cheap cost of buying some real world experience.
People would sue anyone for anything.... Who needs a reason to sue someone, right? Hell, let's sue anyone whose games I don't like. I don't like WoW, can I sue WoW-players now? Maybe there's a court in Second Life where people like you can sue other games....
You know it, the best way to realize your dreams is waking up and start moving, never lose hope and always keep up.
funny
now i hope they do something similar to excuse why the game was shipped with less than 10% of the supposed content...awfully bugged
it will make a really hilarious comic strip,im sure
yay star wars galaxy refuge, that was my guess, I win
funny
now i hope they do something similar to excuse why the game was shipped with less than 10% of the supposed content...awfully bugged
it will make a really hilarious comic strip,im sure
Less than 10%? Huh?
Did you even play, and if you did, did you make it past level 10? Hahahaha.
Considering the boxes shipped with certain features on there that arent in the game Im fairly certain they can not hide behind their TOS on this occasion however I think the best anyone can hope for is a refund of the game.
As for the Pre-CU crowd bashers AOC is nothing like it hell SWG released in a far worse state but the fantastic community that their was stuck around and made the game a home for it to be ripped from under us 1,5 years later by SOE, again not something worth sueing over ffs its a game but completely underhand and the reason I wont pay to play a SOE game.
no. You cannot sue a MMORPG. Right in their EULA it states they are not held liable for changes in their game and development.
You cannot sue a game for coming out broking or sucking. Any lawyer will laugh you right out of the door. Especially for $50 or $80.
This is a bad response.
The EULA is not printed on the box, and most stores don't take returns of PC games. And if there was actually a viable false advertising claim, even for $50 or $80, some lawyers might salivate over the idea of bringing a class action. Assuming they settle for 20 cents on the dollar, $10 times 500,000 copies times 40% = $2 million for the lawyer.
Now everybody quit playing MMOs and study up to become a class action litigator.
http://bnablog.bna.com/techlaw/2007/06/arbitration_cla.html
For those who think EULAs make it so companies can do whatever they want. Second Life had a judge declare part of their EULA illegal. If I make a website, post a like here, and then you get there and I have a EULA that says "by clicking enter you agree to give me everything you own" and you click enter, I'm not entitled to jack.
and the point of making past 10 is............
ok,not 10. 20. that makes a whole difference,i see...
The answer is yes.
YOU CAN SUE. However, the reason it is not very common is due to the cost and time equated with getting a legal team to fight their legal team and coming up with an acceptable amount of payment that would make it worth it.
"To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's..."
The biggest target to go for is obviously false advertisement. Its up to the person suing or attempting to sue, to come up with an acceptable and believable (5) from the list above. This is hard to do with games. Injury could be creating emotional distress, financial damage, whatever, but it has to be at least believable in this case.
Then you have a go. Sadly, games are a form of entertainment and in entertainment, they can get away with a lot.