Video Game Addiction Case Closed
05/30/2012 22:07
Whatever happened to the video game addiction case I wrote about in 2010? The case was Smallwood v. NCsoft Corporation, No. 09-00497 ACK-BMK (D. Haw.). In the suit, Smallwood said that he became psychologically dependent on and addicted to NCsoft’s Lineage II game. Last November, the Court abruptly dismissed the case following a final pretrial status and settlement conference. Although the docket doesn’t say it, the most likely interpretation of the dismissal is that the parties settled the case before trial. Read More...
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Case Based on Addiction to a Video Game
11/15/2010 13:58
Users of video games and virtual worlds joke about how addictive they can be. Few users, however, have thought about suing the game company for creating such an enjoyable playing environment that the game or world actually becomes addictive in an unhealthy way. Yet, that is exactly what a Hawaii resident named Craig Smallwood did. In a case entitled Smallwood v. NCsoft Corporation, No. 09-00497 ACK-BMK (D. Haw.), Mr. Smallwood claimed that he became psychologically dependent on and addicted to NCsoft’s Lineage II. In a decision issued in August, the federal district court in Hawaii permitted Mr. Smallwood’s case to move forward. For a copy of the court’s decision, click here. Read More...
Playfish v. Rackspace Case Dismissed
10/20/2010 06:37
Back in September 2009, Playfish, Ltd., since acquired by Electronic Arts, sued San Antonio-based hosting company Rackspace Hosting, Inc. and GosuMall Digital Entertainment, a Singapore company, alleging that GosuMall was selling trademarked in-game items from Playfish's Pet Society game, in violation of Playfish's Terms of Service. Over the summer, the Court dismissed the case for plaintiff’s failure to pursue the suit. Read More...
Recent Case Limits a Game Company's Discovery
07/21/2010 15:48
For video game companies, metagaming, such as through the trade of in-game goods in violation of their terms of service, can seem like a “whack-a-mole” exercise. Even if companies forbid trading virtual goods used in their games through their terms of service, websites will spring up to facilitate a market in virtual goods used in popular games. And when companies stop some sites, others take their place. Part of the problem is that the website operators act anonymously, making it difficult to sue them. Accordingly, video game companies file “John Doe” suits to try to uncover the identities of the anonymous individuals behind the websites facilitating real money trading in their in-game items. A recent case in the U.S. District Court for the Northern District of California, however, shows limits to the ability of companies to obtain information about the anonymous individuals operating real money trading sites. Read More...
Virtual Property Suits in a Holding Pattern
04/06/2010 22:41
I have been following the Playfish v. Rackspace case since the complaint was filed and the initial filings in the Eros v. Linden cases, but both seem to be in a holding pattern. Both cases involve important issues, and I hope to see some arguments on the substantive law from both cases. Read More...
All Quiet in Playfish v. Rackspace
02/08/2010 21:22
I recently checked the docket again in the Playfish v. Rackspace case. See the post here concerning the filing of the complaint in that case last fall. The case has seen no filings, except for one, since the first month of the case, although the docket would not show some of the evidence gathering the parties may be conducting at the moment. Nonetheless, the parties should be undergoing the case management process, which should yield some filings. Consequently, there is some chance the parties are trying to settle the matter, or it has not been in Playfish’s interest to pursue it. Read More...
Playfish to be Acquired by Electronic Arts
11/10/2009 13:31
Electronic Arts announced that it will acquire Playfish, which has been pursuing a suit against San Antonio-based hosting company Rackspace Hosting, Inc. and GosuMall Digital Entertainment, a Singapore company. Playfish alleges that GosuMall is selling in-game items in an alleged violation of the Playfish terms of service, and that Rackspace is liable as well for hosting the GosuMall website at which it is selling the products. Read More...
Report on Playfish v. Rackspace Complaint
10/23/2009 15:20
On September 14, 2009, London social gaming company Playfish, Ltd., sued San Antonio-based hosting company Rackspace Hosting, Inc. and GosuMall Digital Entertainment, a Singapore company, which is an online seller of virtual game items. The Complaint alleges that GosuMall is selling trademarked in-game items from Playfish's Pet Society game, in violation of Playfish's Terms of Service. Click here for a copy of the Complaint. As of today, the GosuMall Pet Society web page is still offering in-game items for sale. Read More...