Parents Suing Apple Over In-Game Purchasing

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Sofus

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Apr 15, 2011
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Antari said:
Well if they can actually prove these games have actual addictive qualities they might have a lawsuit. I've been fairly concerned about alot of these social games having subliminal messaging in them. Because I have seen people addicted to them to the point of it being a chemical addiction. As for it being all the parents fault. I don't quite know. Large corporations exploit, its what they do.
Subliminal messages are illegal to use. No game in existance is capable of creating an addiction in a perfectly normal human being. The person playing a game can however become addicted to the drugs that the brain itself releases.
 

Dastardly

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Apr 19, 2010
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Hevva said:
Apple has declined to comment on the case, having already asked that it be booted from the justice system in light of the changes made to its in-app purchasing systems. Do the parents have a point? Should games which feature potentially manipulative in-game purchase systems be targeted at children?
And there, you've hit at the core of it.

Television commercials target kids, but (in general) televisions are in common rooms so that parents can easily monitor it. Computer games are often in off-common rooms, and are on smaller, more private screens. Supervising every single minute at the computer is just a bit tougher -- and believe me, as a teacher, I'm extremely tough on parents about supervision, so it's no small thing for me to admit it's harder to do here.

The problem is that companies know that. I don't have a problem with marketing that is meant to appeal to kids. I do have a problem with directly marketing to kids. Would you want an advertising executive or a lawyer to be able to call your child on a cell phone, or meet them on the playground, to discuss things? No. Because those people have no business engaging in financial dealings with children (who are easily misled by adults).

Now, Facebook games? They may be kid-friendly, but Facebook makes it pretty clear that kids shouldn't have Facebooks. The fact that so many parents ignore that is on them. But true "kid games" should not have real-money options waving in the face of kids.

There's already a ton of ways marketing exploits the gullibility of children. Cartoons are blatant commercials for toy lines. Commercials show toys doing things they can't actually do, and they put the tiny disclaimer at the bottom to cover their butts. Cereals have cartoon mascots to push an appeal that has nothing to do with whole grains.

I'm not saying this kind of stuff needs to be illegal, but we all know exactly what they're doing. By "we," I mean adults. It's natural for the marketing folks to put a spin on the product, but kids are far more susceptible to spin than adults. It would be irresponsible of us to allow them to target our kids unchecked.
 

Britisheagle

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May 21, 2009
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Normally I'd disagree and say that the parents are over reacting, but the free to play, pay to win games dominating the app store are beyond a joke and are clearly aimed at those who are easier to manipulate.

Apple should not be taking the brunt of this, but those who are creating the games in the already over saturated market.
 

lord.jeff

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Oct 27, 2010
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If you have kids don't click the "save credit card info" box, in fact just don't click that box at all.
 

Skratt

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Dec 20, 2008
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In game purchases with real money is predatory and manipulative and that practice should be illegal. They don't even need to go after the individual developers to enforce it. Just go after the publishers like the apple store, android markets and companies like facebook that allow these games on their network.

Buyer beware is one thing but actual proven predatory commercial practice is morally, ethically and in some cases already illegal - as it should be.
 

Therumancer

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Nov 28, 2007
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I've been of the opinion for a while that microtransactions should be banned all together. Video games and digital products should be all inclusive, for one price... period. It's too open for abuse otherwise, and we're seeing that here with these kids. Not to mention the way psycology can be manipulated through them. Creating a deliberatly addictice game, in order to get people to spend money constantly, smacks very similar of earlier attempts to use things like subliminals and hypnosis in ads which were stopped (or at least we believe they were). A new way of acheiving the same thing in a more subtle fashion, is still the same thing.

That said, if this DOES ever happen, it's not likely to happen in the near future, and a lot depends on little suits snowballing at this point because we've already seen this entrenched in business.

To put it into perspective, when you have companies like Zynga more or less admitting they carefully construct their games to be addictive, and they are driven by microtransactions, I think there is a problem there.

What's more when it comes to psychological addiction, which I am guessing is a problem with this "Smurfs" game since it's still going on after the whole "wagons of smurfberries" incident, addicts by their very nature are going to go to extreme lengths to get their fix, including of legal things like cigarettes and alcohol. "Protections" of the sort mentioned here which can be circumvented mean absolutly nothing.
 

userwhoquitthesite

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Jul 23, 2009
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torzath said:
I hope they realize that selling in-app purchases is the only reason these "freemium" games get made. And if they somehow get them eliminated or banned, there won't be many free games of any quality on the iOS market, they'll just have to pay for apps up front. Seriously, go look at the most popular free games on the App Store and you'll see like over 90% of them have in-app purchases (and yes, I know popular =/= good, but I'm not going wading through the rest of the muck that is the iOS app store).
GOOD

These sorts of non-games that rely on microtransactions are a terrible thing for gaming, and are a morally reprehensible thing in the first place. I know, I know, with corporations, they are either morally bankrupt or financially bankrupt. But we should hold them to higher standards. I am always out for a profit for myself, but I wont go out of my way just to screw you over.

I can't believe it, but i'm on the side of the overreacting, moronic unfit parents this time around
 

DiamanteGeeza

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Jun 25, 2010
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geizr said:
DiamanteGeeza said:
Apple provide the mechanism for the apps to make purchases. The developers of the apps have no control over Apple's 'x' minute password caching, which is why the class action is going after Apple.

Oh, and Apple has over $900bn in the bank in cash... the developers don't... ;-)
So, should we also sue gun-makers because someone used a gun to murder someone else? Should we sue makers of kitchen cutlery because someone used a cleaver to kill someone else? Should we sue car makers because someone purposefully ran over another person? Just because a company makes something doesn't make them immediately culpable to the abuses fostered by others, because even the most benign object can have unintended uses to inflict harm on others (for example, I could kill someone using just a sheet of paper). Unless that company is deliberately producing a product which clearly and demonstrably design with the exact intended purpose to commit some harmful, criminal, or illegal action against another, it seems to me that it is difficult to hold the maker of the product culpable to the actions of those abuse the purpose and design of the product such to inflict undue harm or loss on others. Certainly, the case can be made that a micro-transaction system is not built with the expressed purpose of inflicting undue harm or loss upon others.

The only real reason Apple is being targeted in this law-suit is because they are a high-profile company with $98 billion in cash. Otherwise, the suit would go after the true culprits here, the people that made a game intentionally designed to exploit the poor judgement of children to scam hundreds of dollars from parents (and parents too silly to realize that they shouldn't let their children have access to or use of the family financial accounts).

Honestly, seeing any app or game, whether on the App Store or elsewhere, with an in-app purchase of $99 should immediately send the Bullshit Detector(TM) into a frenzy signaling one to avoid such an app like the plague, or at least examine it much more closely and thinking carefully through potential consequences before purchasing such an app or game.
Dude, relax! You asked why Apple were being sued, I told you. I didn't say I agree with it!

The most important part of my post was the amount of cash Apple have in the bank....
 

Formica Archonis

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Nov 13, 2009
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Gods, I don't know who to hate more in this one: Negligent parents, creators of dubious "micro"transactions or Apple [http://www.seattlerex.com/seattle-rex-vs-apple-the-verdict-is-in/]. I think I'll just hate everyone.

That said, with every other e-commerce site on the Internet asking my password every time I so much as try to glance at my past orders, Apple was stupid for not having similar controls in place. (From what I heard when the smurfberry incident occurred, if you bought a song on iTunes and then handed the device over to your kid, the iTunes authorization carried over. THAT is insane.)

The only lesson I take away from this is that even the harmless icons of my childhood can be made into frontmen and shills for amoral profiteers. It ain't just rule 34 that's destroying my childhood anymore.
 

Vampire cat

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Apr 21, 2010
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There was a similar case in Norway, they talked about it on TV earlier this year. Same game and on an iPad, the kid spent more than 15,000 Norwegian krone, which would be equal to about $2,650. This kid was 5 or 6 years old, and I got to agree when they argue that microtransactions don't belong in a game for kids.

Eleima said:
Seriously, I'm not gonna give my child my password, especially when there's credit card numbers involved, that's just.... dumb.
1400$ for smurfberries is still a LOT. O_O
Yeah, you'll need to venture into my Steam account to find any kind of virtual property that has cost that kind of money. I don't know how much in-game content a "cart of smurfberries" buys at $99 a cart, but if anyone (adult or not) felt the need to rack up $1400 on the damn things it can't be good value for money...
 

Necrofudge

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May 17, 2009
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I see the parents' side of the argument on this, and yeah, they shouldn't be enticing small children into these kinds of purchases.

But apple fixed it and they're still complaining so I take back my sympathy.

At some point you have to accept the fact it might just be your fault and you probably have to, ya know, raise your damn kids.
 
Jan 22, 2011
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...this is why 3-7 year old kides don't need an f***ing iphone or ipad. For the love of god why are people so damn stupid, here have this escapist forums peace out.

 

torzath

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Jun 29, 2010
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Vampire cat said:
Yeah, you'll need to venture into my Steam account to find any kind of virtual property that has cost that kind of money. I don't know how much in-game content a "cart of smurfberries" buys at $99 a cart, but if anyone (adult or not) felt the need to rack up $1400 on the damn things it can't be good value for money...
If I remember right, they just speed up their crop and village growth, which is just ridiculous.

But that's what a lot of these in app purchases just boil down to, being able to play the game faster.
 

Strazdas

Robots will replace your job
May 28, 2011
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Once again parenting failure means someone else is responsible.

Now the method i like thats used in many mmos, is you have to buy "gold" or whatever OUT OF THE GAME, then you can use it ingame to buy those paid stuff. this way you cearly are aware you are paying real money for gold, thus such confussion never occurs (especially when you have ingame dollars and real dollars, lol)
 

parintachin

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Nov 28, 2009
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This whole pay2win strategy IS somewhat distasteful.
Suing Apple over making it possible is kinda akin to suing the road construction company for the danger of cars though ..
 

geizr

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Oct 9, 2008
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DiamanteGeeza said:
geizr said:
DiamanteGeeza said:
Apple provide the mechanism for the apps to make purchases. The developers of the apps have no control over Apple's 'x' minute password caching, which is why the class action is going after Apple.

Oh, and Apple has over $900bn in the bank in cash... the developers don't... ;-)
So, should we also sue gun-makers because someone used a gun to murder someone else? Should we sue makers of kitchen cutlery because someone used a cleaver to kill someone else? Should we sue car makers because someone purposefully ran over another person? Just because a company makes something doesn't make them immediately culpable to the abuses fostered by others, because even the most benign object can have unintended uses to inflict harm on others (for example, I could kill someone using just a sheet of paper). Unless that company is deliberately producing a product which clearly and demonstrably design with the exact intended purpose to commit some harmful, criminal, or illegal action against another, it seems to me that it is difficult to hold the maker of the product culpable to the actions of those abuse the purpose and design of the product such to inflict undue harm or loss on others. Certainly, the case can be made that a micro-transaction system is not built with the expressed purpose of inflicting undue harm or loss upon others.

The only real reason Apple is being targeted in this law-suit is because they are a high-profile company with $98 billion in cash. Otherwise, the suit would go after the true culprits here, the people that made a game intentionally designed to exploit the poor judgement of children to scam hundreds of dollars from parents (and parents too silly to realize that they shouldn't let their children have access to or use of the family financial accounts).

Honestly, seeing any app or game, whether on the App Store or elsewhere, with an in-app purchase of $99 should immediately send the Bullshit Detector(TM) into a frenzy signaling one to avoid such an app like the plague, or at least examine it much more closely and thinking carefully through potential consequences before purchasing such an app or game.
Dude, relax! You asked why Apple were being sued, I told you. I didn't say I agree with it!

The most important part of my post was the amount of cash Apple have in the bank....
Sorry if I came across as pissy. I didn't mean it that way (I was actually quite relaxed when I was typing that post). I was simply trying to state a counter argument to the first point in your post. Clearly, we're both in agreement that the only reason Apple alone is being target is cause they have the money.

EDIT: added more verbiage for clarity.
 

orangeapples

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Aug 1, 2009
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I find it funny how many parents are worried about the radiation that children could get from the radio waves that phones use, and yet will just give these very phones to their kids. It's almost as if parents aren't actually paying attention to anything they are saying; more like they are just spouting out nonsense and hearsay without even thinking.
 

SonOfVoorhees

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Aug 3, 2011
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If there child stole something from a store are they going to sue the store for having so many things within their childs reach? Is the store to blame for selling things kids want and crave? No. Also you teach your kids not to steal regardless if they really want it. Same with this case, just because the kid wanted it doesnt mean he should steal from his parents. Also if the parents wernt idiots they wouldnt leave their credit card details around so the kid could use it.

God forbid the parent would actually act like a parent instead of allowing there kid play games all day without supervision. Especially leaving cc details online. lol.
 

SonOfVoorhees

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Aug 3, 2011
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Blablahb said:
Is it even legal to allow minors to purchase like that? Most countries have laws that either stop that if there's no explicit parental consent, or a way to undo it.
I guess there is only so much the law and companies can do. How can they prove their child made the purchases and had explicit parental consent? How can you achieve this online? All the passwords and security in the world are meaningless when the parents don't act responsibly with there card. After all its the adults card, they should be taking responsibility of what happens to it and the actions of their child. Its not the games companies problem. They are not responsible for the childs actions. We all know these games are addicting, if they wernt then no one would play them.

When does parental responsibility end and company responsibility start? If the credit card is yours, it was you that stored it on the computer and it was your child that used the card behind your back and the parents lack of control that allowed the kid to do this. Why are they suing the company? Just sounds similar to the people suing McDonalds for making them fat.