The Litigation Hammer

[Shamus Young]

"don't bother trying to change anything you'll just make it worse."

Yea yea, hip cynicism, big whoop.

The main problem with law is its increased exponentially in complexity since it was first solidified as a concept, but the tools of the trade remain in the stone age. Most large law firms being little more than two or three actual practicing lawyers (the guys on the letterhead) and a couple hundred guys working on an assembly line, cutting briefs into stone tablets. If, say, law was digitized, and briefs were filed and resolved instantly, rather than over the course of several months, pretty much every legal loophole would vanish. That being what the cases you're talking about are, loopholes.

Arguing that loopholes shouldn't be closed because of the possibility other loopholes may open is simply a surrender.

And about activision... all corporations act in the exact same way once they reach sufficient size. So acting like activision is evil implies other massive middlemen corporations aren't. While in reality, it just means acitivision has a lazy PR department.

I wasn't saying that the system couldn't be improved or that we should just accept it, I was more warning against the kind of kneejerk changes people want to make when they hear stories like this.

"Oh they should just make it so that big companies have to pay some crazy tax if they want to sue a little company."

Stuff like that. I guess I shouldn't have said you "couldn't" fix it, just that it's harder than it seems at first glance.

 

[Falseprophet]

Sometimes I hear things like this story. Or things like when my friend worked briefly for a game studio that worked its employees regularly for 60-80 hour weeks and could do so, because everyone working for a game studio was apparently considered an IT worker and under the law were considered an "essential service" (ie, the same category as police, firefighters, EMTS and other first responders--because someone might die if the next Modern Warfare isn't released dontcha know) and thus could be worked like slaves for the equivalent of practically minimum wage, without the usual protections of labour law.

When I hear things like this, I can't help but wonder what might have happened if IT workers of all stripes had gotten together back in the mid-90s during the dot-com boom and the PC gaming boom, and organized a union or guild to negotiate contracts and set workplace conditions and minimum rates for workers in the industry (and hopefully anticipate and minimize the seep of corruption older unions eventually succumbed to). Then maybe, there would be a large, wealthy organization able to stand up to large corporations on these kinds of issues. But that's just a passing thought.

 

[Nick Angelici]

honestly, I have ALWAYS hated activision, never enjoyed a single game from those bastards, I hope they lose everything one day because they thought they could pull the strings of a not so lowly game studio, oh to see a underdog come out on top and ruin them in the process truely I will hold a party for such an event!

 

[008Zulu_v1legacy]

They seem to end up in court about as often as often as Princess Peach gets kidnapped.

Oh snap! Couldn't have happened to a nicer bunch of "people."

I havent been following Activision's stock, but perhaps someone knows what the current value is compared to before all these shenanigins started?

 

[Ashendarei]

good read, if nothing else It's always important to keep these things exposed to the open air of debate if for no other reason then to keep new customers as well as old aware of what's going on.

 

[RowdyRodimus]

SimLawsuit... Interesting...

*Creates design document*

Only if you call it Escapists presents Shamus Yung's SimLawsuit Featuring Yachtzee, have it published by Activision and dare someone to sue.

 

[RowdyRodimus]

They seem to end up in court about as often as often as Princess Peach gets kidnapped.

Oh snap! Couldn't have happened to a nicer bunch of "people."

I havent been following Activision's stock, but perhaps someone knows what the current value is compared to before all these shenanigins started?

As of the end of trading Friday, they were down .76 (-6.47%) closing at $10.99 a share, and the previous 52 week high was $13.00 and low was $9.93. You'd think that with Starcraft 2 releasing last week theyh would still be riding high which tells me one of two thing; either investors are looking at SC2 as a product that has already shot it's wad or something is up at Activision.

 

[008Zulu_v1legacy]

As of the end of trading Friday, they were down .76 (-6.47%) closing at $10.99 a share, and the previous 52 week high was $13.00 and low was $9.93. You'd think that with Starcraft 2 releasing last week theyh would still be riding high which tells me one of two thing; either investors are looking at SC2 as a product that has already shot it's wad or something is up at Activision.

Either that they (the stockholders) are no longer 100% confident in Activision's ability to make money. Interesting numbers tho, may be worth further watching.

 

[DazBurger]

Im happy not to be American...

Wanna sue me? Too bad! You could try, but wont get anything by trying! HAH!

 

[Le_Lisra]

Moral of the story:

Don't live in the US.

/prejudice.

 

[hyperdrachen]

Note to self, if successful in breaking into game development, do not sign with activision.

 

[Pingieking]

I'd buy a SimLawsuit game too. I've always wanted to be a total jackass to good people while suffering no reprocussions.

 

[SlothfulCobra]

If I ended up on the receiving end of a frivolous lawsuit like that, I'd fight it to the last breath. Not because it's the smart thing to do, not because I thought I would win, but because society only starts correcting such things when someone raises a massive ruckus. It's the principle of the thing god dammit!

 

[geldonyetich]

You can sue anyone, at any time, for any reason - as long as you've got the money.

It's pretty cynical, but it's true. Many lawsuits are not launched because the plaintiff thinks they can actually win. They are launched because the plaintiff thinks the defendant will go broke hiring lawyers defending themselves.

Except your former lawyer in an attempt to reduce the bill [http://www.escapistmagazine.com/news/view/102536-Activision-CEO-Bobby-Kotick-Loses-Lengthy-Legal-Battle], apparently.

Kotick in general is the guy I associate with a lot of these Activision dick moves lately. He's a shrewd businessman whose tactics sour a lot of the fun behind my favorite hobby. He should really speak to EA about how damaging that is for a brand.

 

[steeple]

im so going to steal that simlawsuit idea, make a franchise out of it, and when i will have enough money, sue samus from any other idea he might think of, and become even richer, and there is nothing you can do to stop me (cue in evil laughter, perfecting the masterplan)

 

[Carlston]

I just wonder, was it really worth it to try and steal, ummm Some guys name who plays paintball?

Not Tiger Woods, Michael Jordan, Pele, ect...


But a guy who plays paintball... is that that much money in paintball games?

I have to admit, I seen one played but... paintball I wanna play a FPS with a gun that is inaccurate past 4 meters. I play it in the real world and it's fun... but on a pc or console, I'd just play a real shooter.

 

[thepj]

The reason stupid people in these situations do not forgo lawyers and defend themselves is that they are always told "You can't win." Well, you can't win if you do not try and sign a settlement. Defend yourself, drag it out as long as you can, and let the software company, or whoever, spend all they want on lawyers. If the Judge has any business sitting on the bench, he will protect you from just being double-talked to death and look at the merits of the case, rather than how handsome that lawyer they hired is. If you lose, what exactly did you lose that you were not going to lose already? The money they owe you? Go to legalzoom.com or a local lawyer and pay a flat rate to have them draw up a counter suit for you, then help the evil company spend even more money defending against it. For god's sake, convicts do this all the time, hundreds of suits a year, even. Eventually, the company might just pay you to go the hell away, or you might actually win, if you are not dumber than a convicted felon. Are you dumber than a convicted felon?

ah true but as the article says, laywers cost money, lots of money and the people working for you need to be paid.