Judge Rules Lineage Lawsuit May Proceed

[fanklok]

Can alcholics sue the companies that make their alchohol of choice?

I think they've had enough time to close up any loopholes so probably not.

 

[The_root_of_all_evil]

Hey hold up...this is interesting...

EULA's CANNOT override the Participants legal rights?

That makes things VERY interesting, especially for Apple and Micro$oft.

According to my business law professor, no EULA/waiver/etc. can override your fundamental rights.

Then I'd be very interested in Law cases that try to state these particular rules (all from the Windows EULA)

6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

- Breaching Data Protection Act

12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting/.

- Breaches a whole host on non-US laws.

14. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

- Breach of Rights of Sale.

Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.

Sorry, yes we are by the Sale of Goods Act.

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Sorry. Doesn't wash in Texas or Hawaii.

And that's before I start on Apple locking jailbreaks.

 

[The_root_of_all_evil]

OT: This is just silly. You can't sue a bar for getting you addicted to alcohol, why should you be able to sue game developers?

You can, however, sue a bar if their alcohol doesn't have visible warnings on the dangers of alcohol. In the same way that an Anaphylaxis sufferer could sue nut manufacturers for the use of groundnut or peanuts.

 

[Comrade_Beric]

This was the right ruling!

The case will probably get thrown out eventually because the claim itself is so crazy it's funny, but this particular ruling was 100% correct. A software publisher's EULA cannot be used as a cure-all against any and all possible lawsuits. This is exactly what the courts have ruled again and again in other cases like this. An employer cannot, as a condition of employment, require you to sign a contract that waives your right to sue them if they don't pay you. This is true whether you signed the contract or not. The same thing in that a battery factory cannot hire you and, hidden in the employment contract, make you unable to sue if they cut safety corners and you end up splashed in the face with battery acid. There are some things contracts simply cannot do, rights that contracts cannot waive. This is a perfectly logical extension of that. This case should be thrown out because it has no merit, not because a EULA has the power to technically sign away your right to sue.

 

[Tom Phoenix]

I wonder if this judge even realises what kind of legal precedent he has just allowed for? What this essentially means is that people will be allowed to blame companies for their addictions and seek legal damages for it, even though they should be responsible for their own actions. Chain smokers will be able to sue tobacco companies for causing them lung cancer, alcoholics will be able to sue manufacturers of alcoholic beverages for causing them cirrhosis, movie fanatics will be able to sue movie studios for causing their addiction with movies...you get the idea.

Even as a former MMO player myself, I find this lawsuit to be astoundingly insane and I cannot believe they are going to go through with this. I dare not think what is going to happen if the guy actually wins the case...

 

[Dioxide20]

Pathetic. Simply pathetic.

 

[Heatray]

This man's existence is proof that God has a wicked sense of humor.

 

[GiglameshSoulEater]

Ok.. seriously? Hopefully this will be dismissed as soon as the judges stop playing silly buggers.

 

[Shawn112]

EULAs most definitely shouldn't be equated to the law of the land.

Doesn't matter if the suit is bullshit.

 

[direkiller]

...I still hope this gets thrown out - Its rediculous!

I hope the case gets tossed out too(else blizzerd is gona go bankruped with D2,WOW, and Starcraft 2 addits)

I am happy it cleared this hurdle though because it basically saying software/Hardware company sill have to be responsible to there consumer regardless of what the EULA states.

So people can sue apple if there jail broken I phone stops working because the last update was made to stop there phones(apple has been trying to shut off JB phones for a while now).

 

[cobrausn]

It's gonna be hilarious when games read: "Available in the US except for Hawaii, and Texas." And the millions of pissed off people will have this guy to blame.

Won't just be Hawaii and Texas. The judge only pointed out those two because dude is in Hawaii and NCsoft is in Texas. Lots of other states have the same law.

 

[Shynobee]

Haha!

Can alcholics sue the companies that make their alchohol of choice?

Or could a chain smoker sue the tobacco company for having lung cancer from cigarettes created by them?

I think the surgeon general's warning prevents that...

 

[UltimatheChosen]

At this point, the judge's ruling is completely reasonable.

All he's saying is that EULAs don't mean you give up your rights. He's NOT saying that NCSoft was actually negligent.

 

[Decabo]

Will there ever be a time when fun things don't give people with no self control the ability to sue someone? Will parents start suing the makers of playground equipment because their child is addicted to the swing?

 

[Stormz]

oh god, please no, please let this useless human being not win. If he does everyone will start doing it. Hell maybe I'll sue all the mmorpg companies for not warning me they can ruin my life.

 

[Sniper Team 4]

Way to fail, "Judge" Alan C Kay. Does he realize what he's done? If this man wins, then everyone who has had their lives ruined by MMOs is going to sue. Eventually, companies will stop making them because they probably just won't want to deal with the hassle (or the fines, if this man wins).
So what's next? Someone gets in a car accident that is completely their fault, then sues the company that made the car because the car didn't prevent them from breaking a leg? Joe gets arrested for DUI then sues Miller for making beer? This is utter crap. I hope this judge gets removed from the bench.

 

[Orcus The Ultimate]

YAY !!! NO MORE MMO'S !! NO MORE MMO'S !! we had enough of the oppression !

being forced to accept the idea of Indefinite, Payable, MMO's instead of the good old formula of Singleplayer+Multiplayer game is a scam.

 

[Comrade_Beric]

Basically said

The judge's decision wasn't unreasonable beacuse he didn't reject the case based on the EULA. His decision was unreasonable beacuse he didn't reject the case on the fact that the guy didn't really have a case.

That's not the question they asked him. Remember how people scream "JUDICIAL ACTIVISM!" when a judge 'fixes' an issue that wasn't really what they were asking him about? That's exactly what you're accusing him of not doing. He didn't throw out the case due to lack of merit because it hasn't gotten to that point yet. His okay isn't "Let's get this thing to trial" it's "Your EULA agreement isn't enough to stop a trial from happening." The question of "Does this guy's case have merit" can't be answered until someone asks a judge "Is this guy even allowed to sue based on the EULA he signed when he clicked 'I agree.'"

If the judge had thrown out the case when it was in front of him, it would have HAD to be because he decided a EULA is powerful enough to throw away your other rights. THAT would have been an extreme change, because then a software company could literally put anything into their EULA and force you to agree to it when you install their program. Instead of screaming about him not throwing out the case, you should be praising him for not doing the stupid thing and throwing it out when the issue he's deciding is whether people have the right to sue at all.

http://www.escapistmagazine.com/forums/jump/7.230030.7998366