Have you been sued in WoW?

[Mysticfire]

I came across this article in Wired today that wrote about law suits arising from using virtual worlds;

Anders v. Thanatog

Douglas Anders of Bellefontaine, Ohio, files suit against Thanatog, a warlock from Goldshire, Elwynn Forest, Azeroth, Bloodhoof Server. The suit alleges that "the defendant did knowingly and willfully, without lawful authority, aggro about 30 goblins in the Deadmines, preventing plaintiff from finishing the instance and retrieving the Cape of the Brotherhood, causing mental anguish and loss of wages when plaintiff skipped work to re-run the instance with someone who knows what 'stay near the left wall' means."

Suit is dismissed when the defense demonstrates that Anders doesn't know how to control his character's pet wolf and thus may have caused the aggro himself.

Have you heard about any law suits being filed like the above?

[moopy]

*giggle*

Paging Lord Justice Cocklecarrot- I have a dozen red-bearded dwarfs here complaining that someone killed their foreman, one Churm Rincewind, thus endangering their employment and incomes.

[dancingstarr]

There was a fairly recent case in NJ, Bragg v. Linden, in which there was a property rights dispute based on ownership of "virtual real estate" in Second Life. Bragg accumulated/sold property and goods in game which was worth about $2000 IRL.

Excerpted from article:

The terms of service (TOS) which users accept to participate in Second Life provide for binding arbitration of “any dispute or claim arising out of or in connection with this Agreement, or the performance, breach or termination thereof.”

Linden Labs, the San Francisco-based creator of Second Life, tried to enforce the clause against Marc S. Bragg, who sued the company last year for illegally seizing his “virtual real estate.” The West Chester, Pa., attorney claims that he had acquired full ownership rights to parcels of Second Life property.

But U.S. District Judge Eduardo C. Robreno denied Linden's motion to compel arbitration in a strongly-worded opinion that should make other virtual world operators take a close look at their terms of service.

“[T]he arbitration clause is not designed to provide Second Life participants an effective means of resolving disputes with Linden,” he said. “Rather, it is a one-sided means which tilts unfairly, in almost all situations, in Linden’s favor.”

. . .

But in May 2006, Linden canceled Bragg's account, claiming he had used an “exploit” in the game to hold an unauthorized auction of a property that was not yet for sale. Bragg alleges in his complaint that Linden is liable for conversion.

Robreno found the arbitration clause “both procedurally and substantively unconscionable” and that Linden “appears to be attempting to insulate itself contractually from any meaningful challenge to its alleged practices.”

According to one game designer, the decision has “some serious implications for how virtual worlds do business ... [T]he court is saying that some pretty common elements of TOS agreements may be considered unfair by law.”


Maybe not directly in line with the case to which you referred, but an interesting legal development all the same.

I'm a paralegal. If one of my attorneys took a case like the one you talked about, I'd have to quit my job. That's just silliness. But in this guy's case, it looks like closely scrutinizing the TOS worked in his favor.

[thedarkcrusader]

Well I personally think that it is impossible unless you hack into the game and kill people without asking them first like the South Park episode. :laughing::laughing:

Episode 1008 - Make Love Not Warcraft http://www.southparkzone.com/episode.php?vid=1008

[Naedea]

The idea of invalidating "click-wrap" contracts on the basis of unconscionability (defense against the enforcement of a contract based on the presence of terms unfair to one party) is intriguing.

We all click "Agree" because we have to, trusting that there's nothing in there that is going to hurt us. The companies' lawyers put every conceivable disclaimer into their agreements to prevent any sort of legal challenge or claim. The one-sidedness of these agreements may ultimately turn out to be unenforceable.

[JaedxRapture]

I came across this article in Wired today that wrote about law suits arising from using virtual worlds;

Anders v. Thanatog

Douglas Anders of Bellefontaine, Ohio, files suit against Thanatog, a warlock from Goldshire, Elwynn Forest, Azeroth, Bloodhoof Server. The suit alleges that "the defendant did knowingly and willfully, without lawful authority, aggro about 30 goblins in the Deadmines, preventing plaintiff from finishing the instance and retrieving the Cape of the Brotherhood, causing mental anguish and loss of wages when plaintiff skipped work to re-run the instance with someone who knows what 'stay near the left wall' means."

Suit is dismissed when the defense demonstrates that Anders doesn't know how to control his character's pet wolf and thus may have caused the aggro himself.

Have you heard about any law suits being filed like the above?

*cough*FAKE*cough*

This crap would never hold up in any court. Ever. For sooooo many reasons.

[SwervinCL]

Are you kidding? Took off a day of work to run Deadmines? LMAO!!!!!!!

It takes what, an hour to run deadmines? That would even be with a pug of toons your level.. Are there even 30 goblins that would be able to get aggro before you know what the hell was going on? LMAO... Thats funny...

[Woodlander]

So does this mean I can sue all the Horde that have ever ganked me for aggravated assault, attempted murder, murder, and pain and suffering?

[dancingstarr]

Absolutely. Don't forget property damage -- those equipment repair bills add up quickly. :grin:

[SwervinCL]

So does this mean I can sue all the Horde that have ever ganked me for aggravated assault, attempted murder, murder, and pain and suffering?


Your welcome! :grin:

[Leviathonlx]

That court case almost seems as bad as that judge that tried sueing that dry cleaner for 50 million because they lost his pants.

[bwirum]

Indeed. What happened to him eventually?

[Mincemaker]

You know, I suppose it is a matter of time before a 'Lawyer' class is implemented in the game.

[Aerath]

Indeed. What happened to him eventually?

He lost and had to pay a rather hefty expenses fee to the sued party.

[bwirum]

Good for him! (the sued party I mean).

That was such a ridiculous claim he deserved jailtime for wasting the court's time.

[amgyn]

LOL.. thats the funniest thing i've heard in a long time.