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	<title>Gamers Rights Law &#187; frivolous lawsuits</title>
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	<link>http://gamersrightslawyer.com</link>
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		<title>Are lawsuits taking the fun out of gaming?</title>
		<link>http://gamersrightslawyer.com/2010/01/26/are-lawsuits-taking-the-fun-out-of-gaming/</link>
		<comments>http://gamersrightslawyer.com/2010/01/26/are-lawsuits-taking-the-fun-out-of-gaming/#comments</comments>
		<pubDate>Tue, 26 Jan 2010 16:33:33 +0000</pubDate>
		<dc:creator>jaymoffitt</dc:creator>
				<category><![CDATA[video games]]></category>
		<category><![CDATA[banning]]></category>
		<category><![CDATA[frivolous lawsuits]]></category>
		<category><![CDATA[Fun out of gaming]]></category>
		<category><![CDATA[online games]]></category>
		<category><![CDATA[Psychology]]></category>

		<guid isPermaLink="false">http://gamersrights.solopracticeuniversity.com/?p=67</guid>
		<description><![CDATA[     Just a gentle reminder; I was a gamer a long time before I was a lawyer.  Every day I (like many of you) read a lawsuit notice that seems so patently absurd that as a fellow lawyer I wince.  Lawsuits that I&#8217;m sure 10 lawyers may have turned [...]]]></description>
			<content:encoded><![CDATA[<p>     Just a gentle reminder; I was a gamer a long time before I was a lawyer.  Every day I (like many of you) read a lawsuit notice that seems so patently absurd that as a fellow lawyer I wince.  Lawsuits that I&#8217;m sure 10 lawyers may have turned down before 1 took it.  Non-lawyers need to remember; a lawsuit can be turned down by 10,20, even 50 lawyers, but if a person feels he/she has been wronged, it only requires 1 lawyer to file a lawsuit for it to become public record, make the papers, and usually make people say &#8220;Lawyers will sue over anything.&#8221;  Mind you, sometimes it is a meaningful cause that only one lawyer is brave enough to take&#8230; but sometimes it can be simply ludicruous.  Not here to apologize for lawyers in toto (that&#8217;s above my pay grade, as the saying goes) but a caution to non-lawyers out there that most attorneys (such as myself) would rather turn down 3-4 chances to file a lawsuit waiting for something that is truly valid and will result in a substantial monetary judgment/settlement for a client.</p>
<p>Here&#8217;s some other thoughts about taking fun out of gaming.</p>
<p><a href="http://www.mmorpg.com/showFeature.cfm/loadFeature/3948">Player Perspectives: Is it Time to Quit</a>, a good article from MMOPRG.com  My favorite quote is &#8220;The MMO Industry doesn&#8217;t want you to quit, of course. It makes money by your loyalty to its game styles and brands, just like any other entertainment business.&#8221;</p>
<p><a href="http://eatingbees.brokentoys.org/2010/01/18/respecting-your-players/">Respecting your Players</a> at the excellent gaming blog &#8220;Eating Bees&#8221;.  (Yeah, I sometimes wish the Bar would let me name a legal blog something really cool&#8230; ain&#8217;t gonna happen though).  My favorite quote from this insightful article is &#8221; I took this job because I thought the product was worth believing in, and because people are pretty much people no matter what the topic is. But having deep, sincere respect for what it is that my players love is going to fuel me for the long haul.&#8221;  It&#8217;s a reminder there are, and will always be, a lot of developers, moderators, and administrators in the video-game and online game business who treat it as more evangelism than simply business.  Thanks to them!</p>
<p><a href="http://www.psychologyofgames.com/2009/12/19/sunk-costs-pre-orders-and-game-over/">Sunk Costs, Pre-orders, and Game Over </a>at the deep-thinking blog &#8220;The Psychology of Videogames&#8221;.  It talks about the reasoning behind following &#8220;good money after bad&#8221; in a video-game purchase.  My favorite quote is &#8221; Robyn M. Dawes even describes in his book Rational Choice in an Irrational World4 how this is pretty much the same logic that a heroin addict would use to avoid treatment before reaching rock bottom. Yeah. Think about THAT. &#8221;</p>
<p>       Maybe I&#8217;m alone in thinking of an insidious &#8220;long-tail of excessive-lawsuit fever&#8221;; known forevermore as Lota Elf.  I&#8217;d be interesting in hearing from developers if they&#8217;ve ever scrapped a cool feature of an online game because of worries over possible litigation, or if an online community administrator decided to shut down an otherwise pleasant community because of one or two &#8220;dangerous characters&#8221; who were repeatedly threatening lawsuits over one topic or another.  Remember, it&#8217;s the game that doesn&#8217;t get made, or the really cool &#8220;wave of the future&#8221; mod/add-on/enhancement that we will never miss because we never meet (sorry for the chick-flick reference!).</p>
<p>Jay Moffitt is a Tennessee attorney. This blog is for entertainment and educational purposes only and does not consitute legal advice or create an attorney/client relationship. Jay Moffitt is not certified as a specialist in this area by Tennessee and Tennessee does not certify specialists in this practice area. All comments will be answered promptly and courteously as long as they are germane to the discussion and do not contain specific game names or incidents.</p>
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