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	<title>Comments on: About</title>
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	<link>http://gamersrightslawyer.com</link>
	<description>For lawyers, game publishers, game makers, and game developers who care about gamer’s rights</description>
	<lastBuildDate>Sun, 19 Dec 2010 02:05:10 +0000</lastBuildDate>
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		<title>By: jaymoffitt</title>
		<link>http://gamersrightslawyer.com/about/comment-page-1/#comment-16</link>
		<dc:creator>jaymoffitt</dc:creator>
		<pubDate>Mon, 19 Oct 2009 13:57:54 +0000</pubDate>
		<guid isPermaLink="false">#comment-16</guid>
		<description>This is the last I&#039;ll deal with this particular, narrow issue.  Let me repeat exactly what I said: &quot;The issue of fairness when it comes to a commercial gaming experience is still being fleshed out in practical terms. In legal terms it is still a totally open ballgame.&quot;

I&#039;m not aware of any lawsuit, at least reported, against a game company for an MMO or online world being &quot;unfair&quot;.  For commercial reasons, it seems self-serving to be as fair as possible, but no reported cases of unfairness being legally actionable.  And the comment asked specifically about comments made on a forum of an online game.  Let&#039;s not get too complicated:  what is said on the forums, chat rooms, etc. of the game company PAYING for those servers..... most wouldn&#039;t question that the publisher/developers/administrators have extremely wide leeway as to moderating those posts.  What is said as opinion on  a person&#039;s own blog, gaming forum, or online chat room not in control of the game company.... as long as you obey the libel laws in your applicable jurisdiction, well then that would be your business.  I wouldn&#039;t characterize that as Wild, Wild, West.... though it&#039;s the internet, these general concepts date all the way from Old English common law.

Jay Moffitt is a TN attorney. The statements here are not legal advice, and no attorney/client relationship is created. Jay Moffitt claims no certification in this specialty, and TN does not offer a certification in this area of law. </description>
		<content:encoded><![CDATA[<p>This is the last I&#8217;ll deal with this particular, narrow issue.  Let me repeat exactly what I said: &#8220;The issue of fairness when it comes to a commercial gaming experience is still being fleshed out in practical terms. In legal terms it is still a totally open ballgame.&#8221;</p>
<p>I&#8217;m not aware of any lawsuit, at least reported, against a game company for an MMO or online world being &#8220;unfair&#8221;.  For commercial reasons, it seems self-serving to be as fair as possible, but no reported cases of unfairness being legally actionable.  And the comment asked specifically about comments made on a forum of an online game.  Let&#8217;s not get too complicated:  what is said on the forums, chat rooms, etc. of the game company PAYING for those servers&#8230;.. most wouldn&#8217;t question that the publisher/developers/administrators have extremely wide leeway as to moderating those posts.  What is said as opinion on  a person&#8217;s own blog, gaming forum, or online chat room not in control of the game company&#8230;. as long as you obey the libel laws in your applicable jurisdiction, well then that would be your business.  I wouldn&#8217;t characterize that as Wild, Wild, West&#8230;. though it&#8217;s the internet, these general concepts date all the way from Old English common law.</p>
<p>Jay Moffitt is a TN attorney. The statements here are not legal advice, and no attorney/client relationship is created. Jay Moffitt claims no certification in this specialty, and TN does not offer a certification in this area of law.</p>
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		<title>By: Mary</title>
		<link>http://gamersrightslawyer.com/about/comment-page-1/#comment-15</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Mon, 19 Oct 2009 03:29:45 +0000</pubDate>
		<guid isPermaLink="false">#comment-15</guid>
		<description>So if I understand you correctly essentially we are still wild westing it here when it comes to online games?  That larger publishers of games are pretty much untouchable in the legal arena and anyone who would do damage to their reputations would pay dearly?</description>
		<content:encoded><![CDATA[<p>So if I understand you correctly essentially we are still wild westing it here when it comes to online games?  That larger publishers of games are pretty much untouchable in the legal arena and anyone who would do damage to their reputations would pay dearly?</p>
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		<title>By: jaymoffitt</title>
		<link>http://gamersrightslawyer.com/about/comment-page-1/#comment-14</link>
		<dc:creator>jaymoffitt</dc:creator>
		<pubDate>Mon, 19 Oct 2009 01:42:47 +0000</pubDate>
		<guid isPermaLink="false">#comment-14</guid>
		<description>My first answer to you is that I cannot give out free legal advice, but you are welcome to email me at the email address and possibly I can guide you towards counsel in your relevant jurisdiction.

My second answer is, this is a very good question and one that strikes to the root of what I&#039;m talking about.  Of course, I&#039;m glad you didn&#039;t name names as I wouldn&#039;t have approved your comment, and the three million users narrows it down to a dozen plus MMOs and virtual worlds, depending upon whether you&#039;re counting registrations, regular users, or accounts.

Let me take one thing you said, and expound upon it just a little.  &quot; It is a subtle thing but definitely cheating as they are advertising themselves as being fair and equal whether or not you spend money.&quot;
The issue of fairness when it comes to a commercial gaming experience is still being fleshed out in practical terms.  In legal terms it is still a totally open ballgame.  What is fair, what is actionable, what is the goal (an immersive fair experience, or the optimization of income for the gaming publisher) are constantly being questioned.  

As noted, if you want to off-line (through my listed email address) give the name of the game&#039;s publisher, and what jurisdiction you reside in, then I can possibly point you in the direction of an intellectual property law attorney who might give you some advice.  But one caveat always in play with a possible lawsuit or statement, in any circumstance, is what you have personally to gain, and what you have to lose.  That&#039;s not legal advice, that&#039;s just life advice.  

Final thought: if someone just comes across my blog by accident, they might not understand such hard-core feelings from a game fan... but I&#039;m there with you.  I&#039;ve got every game system in my house plus a computer in three rooms.... and a good game is hard to find and you develop an allegiance to it, so I empathize with your pain.  

Jay Moffitt is a TN attorney.  The blog posts and comments do not create an attorney/client relationship and are not legal advice.  Jay Moffitt does not claim certification in this specialty, and TN does not certify attorneys in this specialty</description>
		<content:encoded><![CDATA[<p>My first answer to you is that I cannot give out free legal advice, but you are welcome to email me at the email address and possibly I can guide you towards counsel in your relevant jurisdiction.</p>
<p>My second answer is, this is a very good question and one that strikes to the root of what I&#8217;m talking about.  Of course, I&#8217;m glad you didn&#8217;t name names as I wouldn&#8217;t have approved your comment, and the three million users narrows it down to a dozen plus MMOs and virtual worlds, depending upon whether you&#8217;re counting registrations, regular users, or accounts.</p>
<p>Let me take one thing you said, and expound upon it just a little.  &#8221; It is a subtle thing but definitely cheating as they are advertising themselves as being fair and equal whether or not you spend money.&#8221;<br />
The issue of fairness when it comes to a commercial gaming experience is still being fleshed out in practical terms.  In legal terms it is still a totally open ballgame.  What is fair, what is actionable, what is the goal (an immersive fair experience, or the optimization of income for the gaming publisher) are constantly being questioned.  </p>
<p>As noted, if you want to off-line (through my listed email address) give the name of the game&#8217;s publisher, and what jurisdiction you reside in, then I can possibly point you in the direction of an intellectual property law attorney who might give you some advice.  But one caveat always in play with a possible lawsuit or statement, in any circumstance, is what you have personally to gain, and what you have to lose.  That&#8217;s not legal advice, that&#8217;s just life advice.  </p>
<p>Final thought: if someone just comes across my blog by accident, they might not understand such hard-core feelings from a game fan&#8230; but I&#8217;m there with you.  I&#8217;ve got every game system in my house plus a computer in three rooms&#8230;. and a good game is hard to find and you develop an allegiance to it, so I empathize with your pain.  </p>
<p>Jay Moffitt is a TN attorney.  The blog posts and comments do not create an attorney/client relationship and are not legal advice.  Jay Moffitt does not claim certification in this specialty, and TN does not certify attorneys in this specialty</p>
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		<title>By: Mary</title>
		<link>http://gamersrightslawyer.com/about/comment-page-1/#comment-13</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Sun, 18 Oct 2009 23:00:34 +0000</pubDate>
		<guid isPermaLink="false">#comment-13</guid>
		<description>Dear Sir;

I read a few of your articles  concerning  players rights and have a few questions regarding the  deliberate cheating  by  the administration of an on line  game to increase their profits at the expensive ( unbeknownst ) of the clients.  

I  became involved in this game as a player about a  year ago.

I  quit once  but went back on as another player.

There was some  pretty rough bullying  going on and another player had had  quite a negative experience with the  moderators and the administration. 

My experience with the moderators and administration was equally negative.  So I  started a forum on the game and became some what  of a thorn in the side of administration trying to get them to implement  stronger anti-bullying measures and  to implement some customer relations training for the moderators.  However, I tried to keep it fairly civil and  offer constructive suggestions and  well researched evidence to support  my request.  I developed quite a following.  I received a lot of letters  from  other players who were treated unfairly.  I wrote to their customer relations company, and received no reply, I wrote to the games owner and received no reply.   The administration however  stepped up an extremely negative campaign against me. Banning, warning  and harassing some of my friends not to mention myself.  Well their reaction to my forum and what I was asking of them seemed rather over the top.  So I began to look  to see if there might be some other reason they were so interested in  my being gone.    Well I found it.  I found they are deliberately stacking the deck  in favor of  certain players and  against  other players who are in direct competition with the favored players.   The favored players are players who spend  thousands of dollars on the game, annually.   They are tweaking  the gains made  in play toward achieving  top player status in favor of the heavy spenders.  It is a subtle  thing  but  definitely  cheating as they are advertising themselves as being fair and equal whether or not you spend  money.  So this leaves  players who spend money but not as much as the favored players  being taken for a ride on a game they will  never be able to win in.  Now I know that this is wrong  but is it  legal and if I expose it  will they have legal recourse against me?  This  is an international game with over  3  million players.   It is advertised for  all ages and promotes itself as  fair, free and somewhat educational. 

I am collecting  the evidence needed to prove this now with the help of another player.  The proof is there it  just needs screen shots to  show it.</description>
		<content:encoded><![CDATA[<p>Dear Sir;</p>
<p>I read a few of your articles  concerning  players rights and have a few questions regarding the  deliberate cheating  by  the administration of an on line  game to increase their profits at the expensive ( unbeknownst ) of the clients.  </p>
<p>I  became involved in this game as a player about a  year ago.</p>
<p>I  quit once  but went back on as another player.</p>
<p>There was some  pretty rough bullying  going on and another player had had  quite a negative experience with the  moderators and the administration. </p>
<p>My experience with the moderators and administration was equally negative.  So I  started a forum on the game and became some what  of a thorn in the side of administration trying to get them to implement  stronger anti-bullying measures and  to implement some customer relations training for the moderators.  However, I tried to keep it fairly civil and  offer constructive suggestions and  well researched evidence to support  my request.  I developed quite a following.  I received a lot of letters  from  other players who were treated unfairly.  I wrote to their customer relations company, and received no reply, I wrote to the games owner and received no reply.   The administration however  stepped up an extremely negative campaign against me. Banning, warning  and harassing some of my friends not to mention myself.  Well their reaction to my forum and what I was asking of them seemed rather over the top.  So I began to look  to see if there might be some other reason they were so interested in  my being gone.    Well I found it.  I found they are deliberately stacking the deck  in favor of  certain players and  against  other players who are in direct competition with the favored players.   The favored players are players who spend  thousands of dollars on the game, annually.   They are tweaking  the gains made  in play toward achieving  top player status in favor of the heavy spenders.  It is a subtle  thing  but  definitely  cheating as they are advertising themselves as being fair and equal whether or not you spend  money.  So this leaves  players who spend money but not as much as the favored players  being taken for a ride on a game they will  never be able to win in.  Now I know that this is wrong  but is it  legal and if I expose it  will they have legal recourse against me?  This  is an international game with over  3  million players.   It is advertised for  all ages and promotes itself as  fair, free and somewhat educational. </p>
<p>I am collecting  the evidence needed to prove this now with the help of another player.  The proof is there it  just needs screen shots to  show it.</p>
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