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Can Funcom be sued.

13

Comments

  • PorfatPorfat Member Posts: 364
    Originally posted by demolishIX


     Only Americans sue people when they cant get their way any other way...



     

    And we are still better than every other country.    Just imagine if we got rid of frivolous lawsuits. 

  • Death1942Death1942 Member UncommonPosts: 2,587
    Originally posted by Elsabolts


    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.

     

    *sigh*...only in America...

    MMO wish list:

    -Changeable worlds
    -Solid non level based game
    -Sharks with lasers attached to their heads

  • olddaddyolddaddy Member Posts: 3,356
    Originally posted by Death1942

    Originally posted by Elsabolts


    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.

     *sigh*...only in America...



     

    Yes, in Sicily the family handles things a bit differently.......

     

  • rikiliirikilii Member UncommonPosts: 1,084

    I'm curious.  What features were "promised" on the box but not available in the game?

    ____________________________________________
    im to lazy too use grammar or punctuation good

  • fyerwallfyerwall Member UncommonPosts: 3,240
    Originally posted by olddaddy

    Originally posted by Death1942

    Originally posted by Elsabolts


    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.

     *sigh*...only in America...



     

    Yes, in Sicily the family handles things a bit differently.......

     

    *Cues music from the Godfather series*

     

    There are 3 types of people in the world.
    1.) Those who make things happen
    2.) Those who watch things happen
    3.) And those who wonder "What the %#*& just happened?!"


  • RhenkarRhenkar Member UncommonPosts: 68
    Originally posted by Saroc

    Originally posted by rikilii

    Originally posted by demolishIX


     Only Americans sue people when they cant get their way any other way...

     

    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...

    Hahahah, that "leave the driver seat" thing...are you talking about the same one I'm thinking about?  Where some old lady was in her RV going down the highway and put it on cruise control and went in the back to make a sandwich or such?  Obviously, the RV crashed...

    She won the lawsuit too because it wasn't in the manual...

    Oh the humanity.

    I may be a bit off on some of the details, heard it a few years ago now.

    ----------------------------
    "Hero of Time! Face me!"

  • rikiliirikilii Member UncommonPosts: 1,084
    Originally posted by Rhenkar

    Originally posted by Saroc

    Originally posted by rikilii

    Originally posted by demolishIX


     Only Americans sue people when they cant get their way any other way...

     

    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...

    Hahahah, that "leave the driver seat" thing...are you talking about the same one I'm thinking about?  Where some old lady was in her RV going down the highway and put it on cruise control and went in the back to make a sandwich or such?  Obviously, the RV crashed...

    She won the lawsuit too because it wasn't in the manual...

    Oh the humanity.

    I may be a bit off on some of the details, heard it a few years ago now.

     

    That never happened.  It was an urban legend maliciously propagated by the tort reform lobby (along with a host of other false or misleading statistics).

    As for the McDonalds lady, she received a judgment for around $500,000.  This was based on testimony that proved McDonalds repeatedly and recklessly ignored advice and warnings from several sources that serving coffee the way they did was a serious hazard.

    79 year old Stella Liebeck suffered third degree burns on her groin and inner thighs while trying to add sugar to her coffee at a McDonalds drive through. Third degree burns are the most serious kind of burn. McDonalds knew it had a problem. There were at least 700 previous cases of scalding coffee incidents at McDonalds before Liebeck's case. McDonalds had settled many claim before but refused Liebeck's request for $20,000 compensation, forcing the case into court. Lawyers found that McDonalds makes its coffee 30-50 degrees hotter than other restaurants, about 190 degrees. Doctors testified that it only takes 2-7 seconds to cause a third degree burn at 190 degrees. McDonalds knew its coffee was exceptionally hot but testified that they had never consulted with burn specialist. The Shriner Burn Institute had previously warned McDonalds not to serve coffee above 130 degrees. And so the jury came back with a decision- $160,000 for compensatory damages. But because McDonalds was guilty of "willful, reckless, malicious or wanton conduct" punitive damages were also applied. The jury set the award at $2.7 million. The judge then reduced the fine to less than half a million. Ms. Liebeck then settled with McDonalds for a sum reported to be much less than a half million dollars. McDonald's coffee is now sold at the same temperature as most other restaurants.

    ____________________________________________
    im to lazy too use grammar or punctuation good

  • DagonyatDagonyat Member Posts: 7

    First of all, yes you could sue them. Small lawsuits are hit or miss, and you have to realize you will probably have a small town lawyer versus corporate lawyers. As for the EULA. Lol, legally they're jokes. Because it's common knowledge that they aren't read, you'd have to just see whether the judge will dismiss it or not. Some will, some won't. The content of the EULA is also a joke. Saying that you aren't responsible for anything going wrong wouldn't get you anywhere in court. Secondly, the problem with AoC comes with the box. Of course you can't sue because a game sucked, or because it wasn't what you expected. What will ultimately get AoC was that their posted minimum and recommended settings that were ridiculously lower that what was really needed. Content is of course up to Funcom's whim, but performance has to be functional. Otherwise it's a defective product.

    As for it being ridiculous, that's a yes and a no. If Funcom would just refund people with viable reasons, then of course it would be stupid to sue. But when a company promises you something and doesn't deliver, you shouldn't just sit back and take it. That's why they get away with so much as is; because when people try to get what they paid for, people laugh at them. Now, what IS ridiculous is people thinking they deserve a million dollars for everything. If you were to sue Funcom for your 50 dollars, you would probably win, or at least settle out of court, probably with your legal fees paid too, but maybe not. And that there is also a huge reason companies can sometimes win. Sue for a ridiculous amount, and automatically your whole case becomes ridiculous.

    Finally, Americans do sue often. But remember that while many sue for fast  and free cash, others are doing it for the principle.

  • CleffyIICleffyII Member, Newbie CommonPosts: 3,440

    Truthfully, if you did a little more research you wouldn't have made the mistake of getting the game.  Its not something we haven't seen before.  A game who tries and maintains an NDA past release that is full of hype, and people breaking the EULA to tell you to not touch the game with a 20 foot long pole.  This will fanboys tell you there will be a "miracle patch" after release and they are holding content.  Vanguard, Dark and Light, and Everquest 2 come to mind.

    image

  • fyerwallfyerwall Member UncommonPosts: 3,240

    A little off track, but kinda fits the topic...

    I remember working at a supermarket back in high school.

    We had this old lady one day who walked over to Ailse 1, where they kept things like pickels, ketchup, etc. She picked up a jar of pickles, looked around and dropped it on the floor. It didnt break and she walked around to the next Ailse. My dept manager and I watched her from behind a display. She did it several times, dropping the jar and walking away when it didnt break.

    About the 8th time she did it, the jar finally broke. She walked down to the end of the ailse, turned her cart around and started back up the ailse. My manager told us not to clean it up, because he wanted to catch her in the act. As soon as she passed the broken jar, she looked around to make sure no one was there, layed down, kicked her cart forward and used her hand to knock more stuff off the shelf to make it look like she fell.

    She laid there screaming about her back and her leg, people gathered around and someone called the ambulance. She took the store to court and tried suing for 2 million. She didnt win and was counter sued by the store.

    *Reason why she lost*

    My boss and a few other people including loss prevention noticed her doing the same thing a couple of times over the month. At first they messed with her by picking up the jar everytime she went down the other ailse. Loss prevention set up 3 security cameras in that one area. Every time she entered the store, they set the cameras to record. When she brought the store to court, they played the videos from the 3 angles. The store was allowed to file a counter suit and restaining order. The city/state fined her and gave her a couple hundred hours of community service.

    There are 3 types of people in the world.
    1.) Those who make things happen
    2.) Those who watch things happen
    3.) And those who wonder "What the %#*& just happened?!"


  • EnigmaEnigma Member UncommonPosts: 11,384
    Originally posted by CleffyII


    Truthfully, if you did a little more research you wouldn't have made the mistake of getting the game.  Its not something we haven't seen before.  A game who tries and maintains an NDA past release that is full of hype, and people breaking the EULA to tell you to not touch the game with a 20 foot long pole.  This will fanboys tell you there will be a "miracle patch" after release and they are holding content.  Vanguard, Dark and Light, and Everquest 2 come to mind.



     

    /agreed

    Also, like everyone has been stating anyone can sue but I will guarantee you this is what will happen:

    • Court will dismiss this (even if you are lucky and somehow managed to get a neutralized court system to allow you to sue across national boundaries over a matter of 50 dollars). Which, if achieved or attempted, would probably be the single most stupid act of retaliation I would have ever seen for the reason of the next bullet:
    • Funcom will most likely counter sue for you taking time away from their schedule to deal with a $50 dollar small claims court case (this is if you are lucky the Judge in God  knows what country allows the case to be heard. If you are sued, you would probably be sued for thousands of Euros, the cost of their company attornies to handle the case.
    • Class action lawsuit would almost cetainly be thrown out due to the fact that the things Funcom left out in the release were clearly stated before the actual release of the product (DX10, etc) and the fact that their EULA can be viewed for free on their website prior to purchase.
    • Chances are the Judge will grant and honor the counter suit filed AGAINST you by Funcom. Funcom will have salary and timecard proof that they had their attornies file a counter suit against you and to prepare their defense. Just because you sue a company does not make you immune for a counter suit; if you loose  you will almost always be sued for the moneys it took them to prepare a defense.
    • It's just plain moronic and idiotic to sue for $50 bucks just because a game company hurt your feelings or made you mad because they left some things out.  The don't stick "Game Experience May Change During Online Play" to make you think "well, duh, of course it will change because its online and I lvl and stuff!"  They put that disclaimer on there to let you know they can do whatever the hell they want to make changes in their game.

    That's why it would be silly to even think about suing.

    People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.

  • cptcuragecptcurage Member Posts: 18

    This little documentry is a step by step guide on how sueing companys works. It's only a min long and its a real phone call.

    http://www.youtube.com/watch?v=el_xwWMtm1o&feature=related

     

    cheers!

     

  • ASmith84ASmith84 Member Posts: 979

    If you sue someone that means all you care about is making money off of something stupid. That is the truth my friends. Yes i mean that in every single case you can come up with. If you get hit by someone all they should pay is the amount of damage that happen not 20thousand extra just because you are pissed. All sueing is is you want to waste some of your time going through the court system to earn some extra money you do not really need you selfish bastard. Pay for the damage and that is it. Funcom should pay you for the game price nothing more at the most. quite being babies about it, it is just a game after all.

  • EnigmaEnigma Member UncommonPosts: 11,384
    Originally posted by fyerwall


    A little off track, but kinda fits the topic...
    I remember working at a supermarket back in high school.
    We had this old lady one day who walked over to Ailse 1, where they kept things like pickels, ketchup, etc. She picked up a jar of pickles, looked around and dropped it on the floor. It didnt break and she walked around to the next Ailse. My dept manager and I watched her from behind a display. She did it several times, dropping the jar and walking away when it didnt break.
    About the 8th time she did it, the jar finally broke. She walked down to the end of the ailse, turned her cart around and started back up the ailse. My manager told us not to clean it up, because he wanted to catch her in the act. As soon as she passed the broken jar, she looked around to make sure no one was there, layed down, kicked her cart forward and used her hand to knock more stuff off the shelf to make it look like she fell.
    She laid there screaming about her back and her leg, people gathered around and someone called the ambulance. She took the store to court and tried suing for 2 million. She didnt win and was counter sued by the store.
    *Reason why she lost*
    My boss and a few other people including loss prevention noticed her doing the same thing a couple of times over the month. At first they messed with her by picking up the jar everytime she went down the other ailse. Loss prevention set up 3 security cameras in that one area. Every time she entered the store, they set the cameras to record. When she brought the store to court, they played the videos from the 3 angles. The store was allowed to file a counter suit and restaining order. The city/state fined her and gave her a couple hundred hours of community service.



     

    That happened when I was a Manager for Target.  We had Assets Protection monitor this one lady (because she tried it before).

    Long story short, she slipped on her own dropped jar of mayonnaise and we got her in court when she sued us. The look on her face was priceless when the videos were displayed in full clarity. Not only did Target counter sue for the preparation of the defense but Target's insurance company also sued her.

    Target didn't get any monetary reward from her but she had to pay $5,000 for committing Insurance fraud and she was slapped with a restraining order from every Target in the world.  She was spent 30 days in a county jail and is currently on a 5 year probation as well as charged with a Felony.  She can no longer vote, get a high profile job, etc

    People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.

  • fyerwallfyerwall Member UncommonPosts: 3,240
    Originally posted by Enigma




     
    That happened when I was a Manager for Target.  We had Assets Protection monitor this one lady (because she tried it before).
    Long story short, she slipped on her own dropped jar of mayonnaise and we got her in court when she sued us. The look on her face was priceless when the videos were displayed in full clarity. Not only did Target counter sue for the preparation of the defense but Target's insurance company also sued her.
    Target didn't get any monetary reward from her but she had to pay $5,000 for committing Insurance fraud and she was slapped with a restraining order from every Target in the world.  She was spent 30 days in a county jail and is currently on a 5 year probation as well as charged with a Felony.  She can no longer vote, get a high profile job, etc

    I had a friend who worked at U-Haul a while back. They were being sued by some guy who tried to pull one of those car transport trailers on the back of his camaro. He went in after hours and hooked it up himself. When he made the rental a few hours before he listed the vehicle that would be towing it as a Ford F350.

    Its just great that in this country people can sue you for them being stupid. I just wish more states would adopt the frivilous lawsuit laws.

    I mean if you bought an item and are unhappy with it because it doesnt do what you thought it would do, return it to the store or the company, get your money back and move on.

    If the item you bought blows up for no reason and causes someone injury, then yeah, sue the company.

    Seeing as how AOC didnt meet your expectations or didnt meet everything advertised on the box, just send it back and request a refund.

    If Funcom responds by banning your account and sending you a photocopy of Gautes ass with the words "Kiss it" without giving you a refund, then sue.

    There are 3 types of people in the world.
    1.) Those who make things happen
    2.) Those who watch things happen
    3.) And those who wonder "What the %#*& just happened?!"


  • TeiraaTeiraa Member UncommonPosts: 447
    Originally posted by rikilii


    I'm curious.  What features were "promised" on the box but not available in the game?

    It pretty much boils down to the DX10 support. It is still advertised as such (quote from amazon.com):

    Advanced Technologies - Optimized for DirectX 10, Multi-core CPU and featuring Advanced Artificial Intelligence; AoC takes advantage of the Dream World, MMO Technology, delivering extremely detailed environments and real life physics. Works with DirectX 9.

  • bl1ndbl1nd Member Posts: 102
    Originally posted by Enigma

    Originally posted by Elsabolts


    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.



     

    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.

     

    An EULA doesnt protect any company against false advertising they could write God is Black in the EULA and that wont go over the law

  • UpskirtPowerUpskirtPower Member Posts: 230
    Originally posted by Drafell


    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.

     

    when archlord first came out.... the box set says we get to be an archlord but at the moment the archlord system didnt even implement it yet! many people complain and i heard someone thinking to sue them for false advertisement.

  • rashherorashhero Member UncommonPosts: 510

    To me, this is a perfect example of how our (Mine at least, the US) country is falling into the socialist mentality.

     

    "We paid for a service or product, which currently lacks a feature they promised(not entirely on release) and now we want big government with its laws to protect us and attempt to get masses of money out of it."

     

    This is absolutely pathetic, those in support of this are nothing but socialists who don't want to run their own lives, to be responsible for themselves and their decisions. Big deal, no DX10 YET. You want to drag our legal system into it? Big GovCo?

     

    Please, I implore you, stop gaming. Go vote for Obama and hide in your homes, unemployed and collect my tax money to life off of. Let someone, everyone else take care of you.

  • bl1ndbl1nd Member Posts: 102
    Originally posted by ASmith84


    If you sue someone that means all you care about is making money off of something stupid. That is the truth my friends. Yes i mean that in every single case you can come up with. If you get hit by someone all they should pay is the amount of damage that happen not 20thousand extra just because you are pissed. All sueing is is you want to waste some of your time going through the court system to earn some extra money you do not really need you selfish bastard. Pay for the damage and that is it. Funcom should pay you for the game price nothing more at the most. quite being babies about it, it is just a game after all.

     

    Did he really said all that crap?

    So what if some poisoned food makes me sick the Restaurant all they have to pay is for some medicines and a checkup? What kind of responsability is that...

    Oh yeah i fall in some mall and break a leg because there wasnt a sign and all they pay is for the Doctor and the medicines? Who pays all the time ill be with a casket without being able to do thousands of things? that doesnt have a price...

     

  • bl1ndbl1nd Member Posts: 102
    Originally posted by rashhero


    To me, this is a perfect example of how our (Mine at least, the US) country is falling into the socialist mentality.
     
    "We paid for a service or product, which currently lacks a feature they promised(not entirely on release) and now we want big government with its laws to protect us and attempt to get masses of money out of it."
     
    This is absolutely pathetic, those in support of this are nothing but socialists who don't want to run their own lives, to be responsible for themselves and their decisions. Big deal, no DX10 YET. You want to drag our legal system into it? Big GovCo?
     
    Please, I implore you, stop gaming. Go vote for Obama and hide in your homes, unemployed and collect my tax money to life off of. Let someone, everyone else take care of you.

     

    See this is what happens when ppl start talking about politics in a gaming forum u see this idiots saying things they dont have a clue...

    Yeah socialism is about living unemployed and sucking money outta big corporations O_O

  • rashherorashhero Member UncommonPosts: 510

    Who said anything about corporations?

  • fyerwallfyerwall Member UncommonPosts: 3,240
    Originally posted by rashhero


    Who said anything about corporations?



     

    the US gov is run by corporate interest.

    There are 3 types of people in the world.
    1.) Those who make things happen
    2.) Those who watch things happen
    3.) And those who wonder "What the %#*& just happened?!"


  • ApocalypticaApocalyptica Member Posts: 491
    Originally posted by nakuma


     
    need i say more.
    www.ctrlaltdel-online.com/comic.php



     

    This one made me giggle so so much, even I have to post here again.

    To the thread starter:

    Tbh, I played AoC since CB and actually still play it now alongside of LotrO and UO (I know I should get a life :D). Whatever you feel missing... get over it. Its gaming.

     

    Why to people always want sue *shakes head*

    ------------------------------------------------------
    Do I ever sleep?
    image

  • ObeeObee Member Posts: 1,550

    Can Funcom be sued?

    Yep.

    Can Funcom be sued successfully?

    Probably not.

    EA was sued over the state that UO launched in, and the result was a $15K donation to a technological museum.  The folks that were behind the class action suit gained nothing from it, and neither did the rest of UO subscribers.

    The same people who launched the UO lawsuit made some noise about launching a similar lawsuit over EQ, but it never materialized.

     

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