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The Pub at MMORPG.COM  » Can Funcom be sued.

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95 posts found
  CleffyII

Novice Member

Joined: 7/22/06
Posts: 3396

7/15/08 8:09:33 PM#61

Truthfully, if you did a little more research you wouldn't have made the mistake of getting the game.  Its not something we haven't seen before.  A game who tries and maintains an NDA past release that is full of hype, and people breaking the EULA to tell you to not touch the game with a 20 foot long pole.  This will fanboys tell you there will be a "miracle patch" after release and they are holding content.  Vanguard, Dark and Light, and Everquest 2 come to mind.

  fyerwall

Advanced Member

Joined: 6/01/04
Posts: 2655

7/15/08 8:21:15 PM#62

A little off track, but kinda fits the topic...

I remember working at a supermarket back in high school.

We had this old lady one day who walked over to Ailse 1, where they kept things like pickels, ketchup, etc. She picked up a jar of pickles, looked around and dropped it on the floor. It didnt break and she walked around to the next Ailse. My dept manager and I watched her from behind a display. She did it several times, dropping the jar and walking away when it didnt break.

About the 8th time she did it, the jar finally broke. She walked down to the end of the ailse, turned her cart around and started back up the ailse. My manager told us not to clean it up, because he wanted to catch her in the act. As soon as she passed the broken jar, she looked around to make sure no one was there, layed down, kicked her cart forward and used her hand to knock more stuff off the shelf to make it look like she fell.

She laid there screaming about her back and her leg, people gathered around and someone called the ambulance. She took the store to court and tried suing for 2 million. She didnt win and was counter sued by the store.

*Reason why she lost*

My boss and a few other people including loss prevention noticed her doing the same thing a couple of times over the month. At first they messed with her by picking up the jar everytime she went down the other ailse. Loss prevention set up 3 security cameras in that one area. Every time she entered the store, they set the cameras to record. When she brought the store to court, they played the videos from the 3 angles. The store was allowed to file a counter suit and restaining order. The city/state fined her and gave her a couple hundred hours of community service.

There are 3 types of people in the world.
1.) Those who make things happen
2.) Those who watch things happen
3.) And those who wonder "What the %#*& just happened?!"

  User Deleted
7/15/08 8:23:15 PM#63
Originally posted by CleffyII

Truthfully, if you did a little more research you wouldn't have made the mistake of getting the game.  Its not something we haven't seen before.  A game who tries and maintains an NDA past release that is full of hype, and people breaking the EULA to tell you to not touch the game with a 20 foot long pole.  This will fanboys tell you there will be a "miracle patch" after release and they are holding content.  Vanguard, Dark and Light, and Everquest 2 come to mind.


 

/agreed

Also, like everyone has been stating anyone can sue but I will guarantee you this is what will happen:

  • Court will dismiss this (even if you are lucky and somehow managed to get a neutralized court system to allow you to sue across national boundaries over a matter of 50 dollars). Which, if achieved or attempted, would probably be the single most stupid act of retaliation I would have ever seen for the reason of the next bullet:
  • Funcom will most likely counter sue for you taking time away from their schedule to deal with a $50 dollar small claims court case (this is if you are lucky the Judge in God  knows what country allows the case to be heard. If you are sued, you would probably be sued for thousands of Euros, the cost of their company attornies to handle the case.
  • Class action lawsuit would almost cetainly be thrown out due to the fact that the things Funcom left out in the release were clearly stated before the actual release of the product (DX10, etc) and the fact that their EULA can be viewed for free on their website prior to purchase.
  • Chances are the Judge will grant and honor the counter suit filed AGAINST you by Funcom. Funcom will have salary and timecard proof that they had their attornies file a counter suit against you and to prepare their defense. Just because you sue a company does not make you immune for a counter suit; if you loose  you will almost always be sued for the moneys it took them to prepare a defense.
  • It's just plain moronic and idiotic to sue for $50 bucks just because a game company hurt your feelings or made you mad because they left some things out.  The don't stick "Game Experience May Change During Online Play" to make you think "well, duh, of course it will change because its online and I lvl and stuff!"  They put that disclaimer on there to let you know they can do whatever the hell they want to make changes in their game.

That's why it would be silly to even think about suing.

  cptcurage

Novice Member

Joined: 5/21/08
Posts: 19

7/15/08 8:25:53 PM#64

This little documentry is a step by step guide on how sueing companys works. It's only a min long and its a real phone call.

http://www.youtube.com/watch?v=el_xwWMtm1o&feature=related

 

cheers!

 

  ASmith84

Novice Member

Joined: 4/12/06
Posts: 983

7/15/08 8:31:28 PM#65

If you sue someone that means all you care about is making money off of something stupid. That is the truth my friends. Yes i mean that in every single case you can come up with. If you get hit by someone all they should pay is the amount of damage that happen not 20thousand extra just because you are pissed. All sueing is is you want to waste some of your time going through the court system to earn some extra money you do not really need you selfish bastard. Pay for the damage and that is it. Funcom should pay you for the game price nothing more at the most. quite being babies about it, it is just a game after all.

  User Deleted
7/15/08 8:32:28 PM#66
Originally posted by fyerwall

A little off track, but kinda fits the topic...

I remember working at a supermarket back in high school.

We had this old lady one day who walked over to Ailse 1, where they kept things like pickels, ketchup, etc. She picked up a jar of pickles, looked around and dropped it on the floor. It didnt break and she walked around to the next Ailse. My dept manager and I watched her from behind a display. She did it several times, dropping the jar and walking away when it didnt break.

About the 8th time she did it, the jar finally broke. She walked down to the end of the ailse, turned her cart around and started back up the ailse. My manager told us not to clean it up, because he wanted to catch her in the act. As soon as she passed the broken jar, she looked around to make sure no one was there, layed down, kicked her cart forward and used her hand to knock more stuff off the shelf to make it look like she fell.

She laid there screaming about her back and her leg, people gathered around and someone called the ambulance. She took the store to court and tried suing for 2 million. She didnt win and was counter sued by the store.

*Reason why she lost*

My boss and a few other people including loss prevention noticed her doing the same thing a couple of times over the month. At first they messed with her by picking up the jar everytime she went down the other ailse. Loss prevention set up 3 security cameras in that one area. Every time she entered the store, they set the cameras to record. When she brought the store to court, they played the videos from the 3 angles. The store was allowed to file a counter suit and restaining order. The city/state fined her and gave her a couple hundred hours of community service.


 

That happened when I was a Manager for Target.  We had Assets Protection monitor this one lady (because she tried it before).

Long story short, she slipped on her own dropped jar of mayonnaise and we got her in court when she sued us. The look on her face was priceless when the videos were displayed in full clarity. Not only did Target counter sue for the preparation of the defense but Target's insurance company also sued her.

Target didn't get any monetary reward from her but she had to pay $5,000 for committing Insurance fraud and she was slapped with a restraining order from every Target in the world.  She was spent 30 days in a county jail and is currently on a 5 year probation as well as charged with a Felony.  She can no longer vote, get a high profile job, etc

  fyerwall

Advanced Member

Joined: 6/01/04
Posts: 2655

7/15/08 8:43:09 PM#67
Originally posted by Enigma


 

That happened when I was a Manager for Target.  We had Assets Protection monitor this one lady (because she tried it before).

Long story short, she slipped on her own dropped jar of mayonnaise and we got her in court when she sued us. The look on her face was priceless when the videos were displayed in full clarity. Not only did Target counter sue for the preparation of the defense but Target's insurance company also sued her.

Target didn't get any monetary reward from her but she had to pay $5,000 for committing Insurance fraud and she was slapped with a restraining order from every Target in the world.  She was spent 30 days in a county jail and is currently on a 5 year probation as well as charged with a Felony.  She can no longer vote, get a high profile job, etc

I had a friend who worked at U-Haul a while back. They were being sued by some guy who tried to pull one of those car transport trailers on the back of his camaro. He went in after hours and hooked it up himself. When he made the rental a few hours before he listed the vehicle that would be towing it as a Ford F350.

Its just great that in this country people can sue you for them being stupid. I just wish more states would adopt the frivilous lawsuit laws.

I mean if you bought an item and are unhappy with it because it doesnt do what you thought it would do, return it to the store or the company, get your money back and move on.

If the item you bought blows up for no reason and causes someone injury, then yeah, sue the company.

Seeing as how AOC didnt meet your expectations or didnt meet everything advertised on the box, just send it back and request a refund.

If Funcom responds by banning your account and sending you a photocopy of Gautes ass with the words "Kiss it" without giving you a refund, then sue.

There are 3 types of people in the world.
1.) Those who make things happen
2.) Those who watch things happen
3.) And those who wonder "What the %#*& just happened?!"

  Teiraa

Novice Member

Joined: 12/25/05
Posts: 444

7/15/08 8:55:11 PM#68
Originally posted by rikilii

I'm curious.  What features were "promised" on the box but not available in the game?

It pretty much boils down to the DX10 support. It is still advertised as such (quote from amazon.com):

Advanced Technologies - Optimized for DirectX 10, Multi-core CPU and featuring Advanced Artificial Intelligence; AoC takes advantage of the Dream World, MMO Technology, delivering extremely detailed environments and real life physics. Works with DirectX 9.

  bl1nd

Novice Member

Joined: 12/05/05
Posts: 102

7/15/08 8:55:39 PM#69
Originally posted by Enigma
Originally posted by Elsabolts

Ok ive seen a couple of refrences that law-suits have been brought against Funcom for what was promised and what came out and was stated on there boxes. Any lawyers out there wanna give there opion.


 

no. You cannot sue a MMORPG. Right in their EULA it states they are not held liable for changes in their game and development.

You cannot sue a game for coming out broking or sucking. Any lawyer will laugh you right out of the door. Especially for $50 or $80.

 

An EULA doesnt protect any company against false advertising they could write God is Black in the EULA and that wont go over the law

bl1ndz0r Xfire Miniprofile
  UpskirtPower

Novice Member

Joined: 4/21/08
Posts: 230

7/15/08 9:00:51 PM#70
Originally posted by Drafell

Based on what is printed directly on the box not matching up to the product itself, then it is always possible.

False advertising.

It should certainly be possible in the UK due to our trading standards policies.

 

when archlord first came out.... the box set says we get to be an archlord but at the moment the archlord system didnt even implement it yet! many people complain and i heard someone thinking to sue them for false advertisement.

  rashhero

Novice Member

Joined: 1/14/07
Posts: 551

Sometimes I'm afraid my sandwich is small and inadequate.

7/15/08 9:01:41 PM#71

To me, this is a perfect example of how our (Mine at least, the US) country is falling into the socialist mentality.

 

"We paid for a service or product, which currently lacks a feature they promised(not entirely on release) and now we want big government with its laws to protect us and attempt to get masses of money out of it."

 

This is absolutely pathetic, those in support of this are nothing but socialists who don't want to run their own lives, to be responsible for themselves and their decisions. Big deal, no DX10 YET. You want to drag our legal system into it? Big GovCo?

 

Please, I implore you, stop gaming. Go vote for Obama and hide in your homes, unemployed and collect my tax money to life off of. Let someone, everyone else take care of you.

  bl1nd

Novice Member

Joined: 12/05/05
Posts: 102

7/15/08 9:04:58 PM#72
Originally posted by ASmith84

If you sue someone that means all you care about is making money off of something stupid. That is the truth my friends. Yes i mean that in every single case you can come up with. If you get hit by someone all they should pay is the amount of damage that happen not 20thousand extra just because you are pissed. All sueing is is you want to waste some of your time going through the court system to earn some extra money you do not really need you selfish bastard. Pay for the damage and that is it. Funcom should pay you for the game price nothing more at the most. quite being babies about it, it is just a game after all.

 

Did he really said all that crap?

So what if some poisoned food makes me sick the Restaurant all they have to pay is for some medicines and a checkup? What kind of responsability is that...

Oh yeah i fall in some mall and break a leg because there wasnt a sign and all they pay is for the Doctor and the medicines? Who pays all the time ill be with a casket without being able to do thousands of things? that doesnt have a price...

 

bl1ndz0r Xfire Miniprofile
  bl1nd

Novice Member

Joined: 12/05/05
Posts: 102

7/15/08 9:09:08 PM#73
Originally posted by rashhero

To me, this is a perfect example of how our (Mine at least, the US) country is falling into the socialist mentality.

 

"We paid for a service or product, which currently lacks a feature they promised(not entirely on release) and now we want big government with its laws to protect us and attempt to get masses of money out of it."

 

This is absolutely pathetic, those in support of this are nothing but socialists who don't want to run their own lives, to be responsible for themselves and their decisions. Big deal, no DX10 YET. You want to drag our legal system into it? Big GovCo?

 

Please, I implore you, stop gaming. Go vote for Obama and hide in your homes, unemployed and collect my tax money to life off of. Let someone, everyone else take care of you.

 

See this is what happens when ppl start talking about politics in a gaming forum u see this idiots saying things they dont have a clue...

Yeah socialism is about living unemployed and sucking money outta big corporations O_O

bl1ndz0r Xfire Miniprofile
  rashhero

Novice Member

Joined: 1/14/07
Posts: 551

Sometimes I'm afraid my sandwich is small and inadequate.

7/15/08 9:15:53 PM#74

Who said anything about corporations?

  fyerwall

Advanced Member

Joined: 6/01/04
Posts: 2655

7/15/08 9:19:26 PM#75
Originally posted by rashhero

Who said anything about corporations?


 

the US gov is run by corporate interest.

There are 3 types of people in the world.
1.) Those who make things happen
2.) Those who watch things happen
3.) And those who wonder "What the %#*& just happened?!"

  Apocalyptica

Novice Member

Joined: 8/08/06
Posts: 489

Reality? What is that? Where can I download it?

7/16/08 2:19:04 AM#76
Originally posted by nakuma

 

need i say more.

www.ctrlaltdel-online.com/comic.php


 

This one made me giggle so so much, even I have to post here again.

To the thread starter:

Tbh, I played AoC since CB and actually still play it now alongside of LotrO and UO (I know I should get a life :D). Whatever you feel missing... get over it. Its gaming.

 

Why to people always want sue *shakes head*

------------------------------------------------------
Do I ever sleep?

  Obee

Novice Member

Joined: 8/07/06
Posts: 1560

7/16/08 2:36:20 AM#77

Can Funcom be sued?

Yep.

Can Funcom be sued successfully?

Probably not.

EA was sued over the state that UO launched in, and the result was a $15K donation to a technological museum.  The folks that were behind the class action suit gained nothing from it, and neither did the rest of UO subscribers.

The same people who launched the UO lawsuit made some noise about launching a similar lawsuit over EQ, but it never materialized.

 

  Gishgeron

Apprentice Member

Joined: 3/05/07
Posts: 1139

7/16/08 2:42:50 AM#78

  Bah, lawsuits are things that cannot often be applied to the entertainment world.  The most one could ever get back is their initial money anyway...that assumes the court doesn't find the whole matter "frivolous".  Most serious courts aren't going to be assed with going through all these motions over pocket change.  One would be lucky to not be held in contempt for wasting taxpayer money on such things.

  The closest act I've ever seen in the gaming industry which could have possibly warranted such a thing was the NGE anyway.  The implications there were much more far reaching...and involved a LOT more money.  Even then, you'll notice, no success story has been heralded involving someone actually DOING it and winning.

  Larry2298

Apprentice Member

Joined: 1/27/05
Posts: 875

7/16/08 4:06:58 AM#79

I think there will be no law about software contents especially for virtual items in game. Except they are able to cash money with game provider. 

  templarx

Novice Member

Joined: 1/07/05
Posts: 158

7/16/08 5:11:21 AM#80

[quote]

I'm curious.  What features were "promised" on the box but not available in the game?

[/quote]

 

Yea i'm yet to see i "real" suiable missing feature. I mean DX10, it's as far as i'm concerned "an enhancement" it's NOT what i'd say a "game breaking" feature. Trust me DX10 is NOT going to make the game better, if you play a MMO because of the graphics then you're in for a real bad surprise.

 

And yes, you can take it to your local ADVERTISING AUTHORITY and put in a CLAIM OF FALSE ADVERTISING. Where i live [South Africa] that's what we do, you don't go and SUE, you go to the advertising board and they will do the work.   If it was false advertising they will tell whoever prints Funcom's Boxes to REMOVE THE SENTENCE or be liable for a FINE [or worst case, be forced to RECALL products from the shelves]. Simple.

Now, HOWEVER , on my AOC box at the bottom it says :

 

"*** IMPORTANT : GAME EXPERIENCE MAY CHANGE DURING ONLINE PLAY"

 

So, i'd say that covers "some" ass right there...

 

Suing because a game sucks..i'm sorry i would be rich if i had the time to do that. Nevermind MMOs, i have a crapload of games that just plainly SUCKS. It looked good, the box said the game ROCKS, then i played it and it SUCKED...can i sue ? ...if you're STUPID yea.

 

This is no different than suiing WARNER BROs because they showed a trailer of "THE HULK" and it looked AWESOME, and then you see the movie and it sucked ....and then you sue because that 1 second scene in the TRAILER was not in the MOVIE.....

 

 

 

 

 

 

 

 

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