Lineage II Addiction Lawsuit Makes It Past the EULA 267
We recently discussed a man who sued NCsoft for making Lineage II "too addictive" after he spent 20,000 hours over five years playing it. Now, several readers have pointed out that the lawsuit has progressed past its first major hurdle: the EULA. Quoting:
"NC Interactive has responded the way most software companies and online services have for more than a decade: it argued that the claims are barred by its end-user license agreement, which in this case capped the company's liability to the amount Smallwood paid in fees over six months prior to his filing his complaint (or thereabouts). One portion of the EULA specifically stated that lawsuits could only be brought in Texas state court in Travis County, where NC Interactive is located. ... But the judge in this case, US District Judge Alan C. Kay, noted that both Texas and Hawaii law bar contract provisions that waive in advance the ability to make gross-negligence claims. He also declined to dismiss Smallwood's claims for negligence, defamation, and negligent infliction of emotional distress."
Re:I hope his lawsuit succeeds... (Score:2, Funny)
Re:I hope his lawsuit succeeds... (Score:3, Funny)
Nah, sue Pringles - they even claim that once you pop you can't stop... but wait, does that legally constitute a warning and therefore relieve them of responsibility?
I wanna sue too... (Score:2, Funny)
Re:I hope his lawsuit succeeds... (Score:4, Funny)
Re:I keep forgetting (Score:5, Funny)
Re:I hope his lawsuit succeeds... (Score:3, Funny)
Then why the fuck are Pringles tubes resealable ?
Re:I hope his lawsuit succeeds... (Score:2, Funny)
Obvious (Score:2, Funny)
The judge probably just thought "blah blah blah, click OK".
Re:I hope his lawsuit succeeds... (Score:1, Funny)
They're resealable for the same reasons 7-11's have locks on their doors right next to the sign that says "Open 24 hours a day"
Re:I hope his lawsuit succeeds... (Score:2, Funny)
For your tennis ball storage needs.