Mark Jacobs, newly leisurely and blogging again, turns over his blog to a lawyer who talks about the impact of Smallwood v. NCsoft.
Posts are running rampant about how the judge agreed with Smallwood on the addiction claim and is allowing the case to proceed. That’s true enough, but misses the far more important aspects of this decision. First, the judge found that the End User License Agreement (EULA) was valid. The impact of this? The provision that limits NCSoft’s liability to $65 for contract violations and negligence are fully enforceable. That means even if Smallwood can prove NCSoft breached its promise to run a “fair and square” game, or took three months of Smallwood’s money, all he gets back is $65. Second, the only way Smallwood can cash in big on this case is to prove that NCSoft was grossly negligent in not warning him that Lineage II is addictive. THAT will be an incredibly tall order, since Smallwood will have to prove both that Lineage II is addictive (whatever that is), and that NCSoft knew it was addictive and chose not to warn subscribers of this defect in the game.
(Obvious disclaimer: I currently work for NCsoft and cannot comment on this case.)