Lawsuit Blames Oblivion For Pilot's Seizure

[Nieroshai]

The warning is in every game produced since the advent of dvd-based games, usually in the manual, page 1. So this douchebag is guilty of a classic case of McLibel. Also, if you have a history of seizures, don't play video games. Ever. That is also on page 1.

 

[Grospoliner]

Nope. His case is garbage.

 

[Shamanic Rhythm]

Let's just cut to the chase and ask how anyone with epilepsy, which is a genetic condition except in some sad cases of brain damage or tumours, got as far as being a Navy Pilot. My brother is a recovered epileptic and he had to go through the third degree just to get a drivers license. Sounds more like he went to a lawyer who said 'a videogame was involved? I think you have a case, my friend'.

 

[mornal]

If he can win for claiming he didn't see the warning, won't this let the guy who hacked the PS3 get away with the claim he didn't know about Sony of America?

 

[Thumper17]

Well, whos to say that he played videogames before and was fine and that this game suddenly caused something out of the blue?

Thats not unexpected is it?

 

[StarCecil]

Yeah, in modern games, the warning is on page 1 of the manual.

I remember that Lucasarts (I think) had the warnings come up on the screen before the game, and you couldn't skip it.

Yeah but nobody wants to be like lucasarts


OT: it's a shame but do they really need to strip him of his flying credentials?

Epilepsy is a one-way ticket out of the military. I can really feel for the guy, and I can see why he would sue. It's irrationally angry, but I sympathize.

 

[Snotnarok]

Oh god...please no more of these warnings they drive me nuts as is in unskipable form in Nintendo titles and PSN classics.

And flashing graphics? ...Shooters sure but Oblivion? Did I miss something or did the bow have a muzzle flash?

 

[DaHero]

If this case is anything but thrown out ASAP, I am going to have no faith left in the court system.

Put your faith in the bag and prepare to throw it off a bridge...this is California, #1 in anti-video games? Yeah this is going to go through you can bet on it.

 

[ImprovizoR]

Wait, what? Seriously humanity?

 

[Jodah]

Ignorance of the law is no excuse just as ignorance of the risks is no excuse. He chose not to read the warnings, he has to deal with the outcome. Thats like peeing on a sign that says "Danger! High Voltage" then wondering why your junk hurts.

 

[Troublesome Lagomorph]

Game packaging has specifically warned consumers about the danger of seizures as far back as I can remember, and while you'd think that would sink McLaughlin's case by itself, it's entirely possible that the court would rule in his favor simply by virtue of the fact that no one actually reads those warnings.

Exactly. Its his own fault for not reading the safety guidelines. Also: strobes in Oblivion? I don't remember that at all.

 

[RhombusHatesYou]

Of course it's entirely possible the guy didn't know he was epileptic or even isn't epileptic... Couple of different ways you can induce grand mal seizures in people without epilepsy (but the best way, of course, involves using lasers).

Honestly, it's extremely unlikely you'll not have had them since puberty or before. The only way you'll get them in later life is from taking some serious drugs (whether prescribed or not)

I should have been a bit more clear... there are several ways to induce a seizure in people without epilepsy which is, for all intents and purposes, indiscernible from a Grand Mal seizure. Of course, it's almost impossible to manage it by accident.

Of course there is also the issue of para-epileptic conditions which are a pain in the cock to chase down info on.

 

[artanis_neravar]

Since ignorance of the law is not a defense, ignorance of the warning should not be allowed. Also if something gives you seizures chances are you have an underlying condition, which is why the guy lost his pilots license.

 

[GenericUsername123]

Yeah, in modern games, the warning is on page 1 of the manual.

I remember that Lucasarts (I think) had the warnings come up on the screen before the game, and you couldn't skip it.

Yeah but nobody wants to be like lucasarts


OT: it's a shame but do they really need to strip him of his flying credentials?

Yeah they do. Now that he's had one seizure is shows he is predisposed to them. What if he's flying and machine gun fire (far faster than 3 flashes per second) causes another seizure. He crashes the plane kills himself as well as his co-pilot, plus then the air force has to explain to the media why this guy, who's had seizures in the past, was put in a plane again.

 

[Canadamus Prime]

Also, I don't remember there being any flashy strobe-like effects in Oblivion. The closest thing I could think of would be the lightning spell effect, but I highly doubt you'd get a seizure from that.

Unless he had a disco mod, in which case he is beyond help. Also, doesn't that spell takes a little over a second to cast, so how would it violate the 3 flashes rule?

It doesn't, I don't think. That's just the closest thing to any sort of flashy effect I could think of that occurs in Oblivion.
And if he did have some sort of Disco mod installed than Bethesda wouldn't (read: shouldn't) be liable for that.

 

[thatguy1]

Sounds like someone didn't take a 15-minute break for every hour of gameplay.

 

[megamabu]

Can you say: Underlining condition?
This guy's accusations just don't fly with me.

YEEEAAAHHHHHHHH

 

[Ninonybox_v1legacy]

Made this because its the first thing I thought of

 

[USSR]

Warnings come with the games, and I can't remember anything flashing in Oblivion anyway.

His lack of common sense forced him to eat the manual and play oblivion in a pitch dark room with 97 sets of strobe lights.
I'm positive that's how it went down...

 

[renegade7]

Bullshit. "Didn't read the warning' is not an excuse. Also, Oblivion (the console variety with only 1st party mods at any rate) has extremely tame graphical and sound effects, I can remember a few sudden flashes (lightning and fire spells if viewed from a certain angle) but nothing I would call a 'strobe'.

Although, and can someone correct me if I'm wrong, does it necessarily HAVE to be a strobe light to cause a seizure, or could the screen refreshing dozens of times a second cause a seizure?

My sympathies to this guy, but this is a crap lawsuit IMO.