Possible creation of class action lawsuit

General Discussion
One of my friends and player of diablo3 was complaining last night on vent about how he lost about 40 million in the ah do to it messing up. When he has talked to a gm in the past they pretty much told him to bad so sad. Well in 4 days the RMAH is coming out. And since Blizz is letting people sell gold in it he is getting ready to start paperwork for a lawsuit. The issue at hand is this. If an object has a value that is to be sold and you allow said object to be sold in your business weather it be real or digital then you hold some responsibility for the safe and secure transaction of the commerce. If you establishment loses and or destroys the items with out any compensation then you and or your business are liable...Least thats what he says or something to that nature...He is the lawyer not me...But still he has a point when it comes to the gold and RMAH as blizzard has given a financial value to these items yet when they screw up they say sorry about your luck...Kinda Douche if you ask me....
If you feel uncertain about the RMAH, don't use it until it proves stable.

I don't have any intention of using it personally.

But it's pretty sad that people start thinking about how they can sue even before something is available to the public.
Blizz still owns the gold and items in game. Even if they lose them, they owe you nothing. You'll never get a class action off the ground as LEGALLY no harm has been done to you.
Today, on Judge Judy...
If there is one thing I have learned watching this world turn to crap is that where there is a will there is a way. However anytime there is an exchange of cash money their are certain responsibilities that must be upheld by companies as well as vendors and what not. Since we have yet to get a look at the revised updated eula for the RMAH everything is gonna be speculative...But You bet some one is gonna get screwed and try to sue...Its just the sad state of the world.
06/08/2012 04:23 AMPosted by Tashre
Today, on Judge Judy...

I'd grab three bags of popcorn just to actually watch the entire damn episode for the first time in my life
You nor your friend cannot sue Blizzard on the grounds of allowing people to sell gold. Blizzard owns the game and your friend agreed to the TOS and the EULA of the game when he purchased, installed, and played the game. So your friend is up the creek without a paddle.

People's Court intro
Here is the plaintiff Mr X. He says that the gaming company Blizzard makers of the famous D3 game are allowing to sell gold.

Here is the Defendant Mr Y. He says the the plaintiff agreed to the agreement of the Terms of Service and the User End Licensing Agreement of the game.
I'll summarize the Judge Judy episode.
"What's an Diablo?"
"It's a video game."
"Get out of my court room."
The biggest problem is the ToS. You technically have no leg to stand on here. It's their system, and their servers, and technically their items/gold. By accepting their terms of service you give up all other rights while using their game basically.
06/08/2012 04:34 AMPosted by BACON
If the lawyer can prove its unfair, and the judge agrees, thats that.
No lawyer would be able to prove that. Mainly because of the TOS and EULA of the game the guy agreed to when he downloaded, installed, and played the game. And even if the lawyer could prove that no judge would agree to that for the same reason.
I'll summarize the Judge Judy episode.
"What's an Diablo?"
"It's a video game."
"Get out of my court room.


Judge Judy wouldn't say "an Diablo".
Your friend, the lawyer, is considering a class action lawsuit over gold in a video game that he agreed belongs to Blizzard when he accepted the terms of use, and which, even if successful would likely end up with the plaintiffs getting a coupon for a free month of WoW?

Wish him luck for me, would ya?

But it's pretty sad that people start thinking about how they can sue even before something is available to the public.
06/08/2012 04:34 AMPosted by BACON
Blizz still owns the gold and items in game. Even if they lose them, they owe you nothing. You'll never get a class action off the ground as LEGALLY no harm has been done to you.


Except for the hours played and money lost. If this guy is a lawyer that means he probably charges anywhere from 100 to 1000 an hour. I have a little over 150 hours on my characters. 150 x 1000 = 150,000 = lots of money.

Just because I go to a restaurant and sit in a chair and the chair fails it doesn't mean that because they own the chair, legally no harm has been done to me because its 'their chair.'

additionally, it doesn't mean that a judge can't set legal precedent even if the company has the user trapped in a corner with a license agreement or contract.

If the lawyer can prove its unfair, and the judge agrees, thats that. It wouldn't be hard to draw parallels for most people, especially considering they're allowing their items to be sold between users for REAL MONEY.
I'm no lawyer, but I don't think you can make a claim for time lost spent enjoying entertainment. Similarly lawyers don't charged or seek damages by /played time.

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