This may be old news to some but I just saw this on the Game Watchers website. It's a somewhat confusing article but the underlying gist is a game developer suing Steam forum posters for negative comments regarding their games. I'm sure there's a lot more to it than the article states but the thought is chilling. http://www.gamewatcher.com/news/2016-17-09-gamers-targeted-by-lawsuit-for-negative-comments-on-steam
JH....as an atty. maybe you could help us understand this better?
in the end...only the lawyers win.... :(
If the accusations leveled against the developer didn't resonate with people before, it certainly should now.
I'd like to say this frivolous bullshit should quickly tank in court, but you can never be sure. Trusting the judicial system to get everything right is a mistake.
Besides any outcome, it's still going to cause headaches and waste peoples' time and money. Which is probably the primary point of such litigation, as a warning to future critics. ::)
Quote from: ArizonaTank on September 17, 2016, 09:52:52 AM
in the end...only the lawyers win.... :(
The plaintiff is pro se. That means he is representing himself in this frivolous claim. So why are you attacking lawyers? Just because that is everyone's knee jerk reaction?
Ooh, from the makers of the masterpiece, Galactic Hitman.
My wife and I did a youtube lets play on that. Maybe we'll be sued next.
Quote from: Rayfer on September 17, 2016, 07:15:52 AM
This may be old news to some but I just saw this on the Game Watchers website. It's a somewhat confusing article but the underlying gist is a game developer suing Steam forum posters for negative comments regarding their games. I'm sure there's a lot more to it than the article states but the thought is chilling. http://www.gamewatcher.com/news/2016-17-09-gamers-targeted-by-lawsuit-for-negative-comments-on-steam
JH....as an atty. maybe you could help us understand this better?
Has Jim Rose bankrolled another game? ;)
Quote from: Jarhead0331 on September 17, 2016, 10:29:25 AM
Quote from: ArizonaTank on September 17, 2016, 09:52:52 AM
in the end...only the lawyers win.... :(
The plaintiff is pro se. That means he is representing himself in this frivolous claim. So why are you attacking lawyers? Just because that is everyone's knee jerk reaction?
Well...<blush>...yes. Especially responsible for global warming, dinosaur extinction and baby seal clubbing....not sure how.
Except for you, of course!
Ah, Digital Homicide. These 'game devs' basically just cobble together Unity assets and sell it. They're already suing Jim Sterling because his attacking critiques on them were apparently 'mean' or something. Now they're just doubling down on stupid. Good riddance.
They've already had every single thing they sell yanked from Steam.
Quote from: Jarhead0331 on September 17, 2016, 10:29:25 AM
Quote from: ArizonaTank on September 17, 2016, 09:52:52 AM
in the end...only the lawyers win.... :(
The plaintiff is pro se. That means he is representing himself in this frivolous claim. So why are you attacking lawyers? Just because that is everyone's knee jerk reaction?
There are better hills to fight on...I withdraw my comment...:)
Quote from: Rayfer on September 17, 2016, 07:15:52 AM
This may be old news to some but I just saw this on the Game Watchers website. It's a somewhat confusing article but the underlying gist is a game developer suing Steam forum posters for negative comments regarding their games. I'm sure there's a lot more to it than the article states but the thought is chilling. http://www.gamewatcher.com/news/2016-17-09-gamers-targeted-by-lawsuit-for-negative-comments-on-steam
JH....as an atty. maybe you could help us understand this better?
I'm an attorney now as well. I practice on behalf of a Law Enforcement Agency but I have had to handle defemation claims made against the Sheriff. Here is the problem for the game company and why they don't have a prayer...and likely the reason why no lawyer would take the case (as jarhead eluded to, lawyers don't start frivolous suits...they merely represent those who have a claim they want to pursue. But they won't generally take on frivolous claims...not just because they are losers but because most genuinely believe in the system.)
Anyhow, the plaintiff here is not a public official so he doesn't need to show actual malicious intent but it's still difficult. You can't have a "reverse class action" where he argues that all of these posters together caused an injury, it has to be against individuals. So for each individual he sues, he is to prove that:
1) what they said was untrue and they knew it was untrue. AND
2) the untruth "injured" the game developer. That has to be specific. You can't just claim injury. He would have to prove lost revenue specifically due to the untrue remarks
The final hurdle is that the remarks have to be Objectivly false and not opinions. For example: it's not defemation if I say "Jarhead is a moron and his game sucks". That's opinion. It is not Objectivly false.
What would be actionable is "Jarhead is committing fraud by stealing Green light funding without any intention of making the game." THAT statement is objectively true or false...either he did or didn't.
So I haven't read the comments, but comments like "your game sucks", "this is half finished BS", "your never going to finish" and "people! Don't by this turd" are all subjective opinions and not Objectivly true or false.
Even if someone did say "jarhead raised Money for a game he never planned to make and defrauded us", Jarhead would have to show that it wasn't true. If he could do that, then he has to show that THAT PARTICULAR STATEMENT injured him and caused financial damage. He would have to show that he could have made $200k; but because of that statement, he didn't get the publishing agreement and got nothing. THEN, even if he does that, he has to collect. Good luck getting $200k from a 19 year old community college graduate living in his moms basement.
He could ask for an Injunction which is a court order banning the person from slandering the plaintiff but then the next guy shows up and does it.
Not worth it. Have thick skin. If people bang on your game THAT much...maybe it does suck
I'm not familiar with the company until this thread but noticed that they sell their games on their site and that those games say a Steam key is provided. Now I'm not a lawyer (opinion withheld ;) ) but isnt this deceptive advertising and actual grounds for a lawsuit? Or do they maybe still offer the keys from an existing contract?
http://www.digitalhomicide.ninja/
Quote from: Jarhead0331 on September 17, 2016, 10:29:25 AM
Quote from: ArizonaTank on September 17, 2016, 09:52:52 AM
in the end...only the lawyers win.... :(
The plaintiff is pro se. That means he is representing himself in this frivolous claim. So why are you attacking lawyers? Just because that is everyone's knee jerk reaction?
Come on, Jarhead! Guilt by association works for every group that's not favored by the majority here already. I don't see why we should let a fact or two obscure an argument when one already has a clearly formed opinion!
;)
...a write up from Networkworld (http://www.networkworld.com/article/3121337/security/valve-nukes-digital-homicides-games-after-developer-sues-to-unmask-100-steam-users.html).
Quote from: Rayfer on September 17, 2016, 07:15:52 AM
This may be old news to some but I just saw this on the Game Watchers website. It's a somewhat confusing article but the underlying gist is a game developer suing Steam forum posters for negative comments regarding their games. I'm sure there's a lot more to it than the article states but the thought is chilling. http://www.gamewatcher.com/news/2016-17-09-gamers-targeted-by-lawsuit-for-negative-comments-on-steam
JH....as an atty. maybe you could help us understand this better?
I'm in favor of free speech, but . . . some of the crap people say on websites could use a good chill. I don't see why people should be able to get away with personally, publicly insulting somebody they don't know, if the insult damages the person somehow (i.e., the same kind of damage that's necessary for suing over any other kind of defamatory statement). For example, the post at the top of the article you link to is
completely out of line, unless it's based in fact, and if it's based in fact then that's a defense to the lawsuit.
I'm not saying the lawsuit is merit or that the developer didn't do the crap they were accused of. I don't know. I'm just saying the internet brings out the worst in people, and I am not dedicated to the right to be an a-hole.
as soon as i say the heading i wondered if it was the Digital Homicide guy, i wasnt awaare steam took down his games, i did see that they were all going under the publisher name of J Romine for a while. i dont understand how he can make reviewers the target when steam no longer even stocks his mostly aborted creations (i saw mostly as i kind was okay with medieval mercenaries as just a clicker game of sortsand even though they are store assets, i liked thearcadey style, but that is as far as it goes, the rest of it is soulless excrement afaict
Aside from just being insane (a real possibility; I have a friend currently being hounded by a serial litigator who shows many signs of clinical insanity), my guess is that this lawsuit is meant to provide some kind of preparatory ground for something else. Like, if he can get any traction on it, he can parlay that into a lawsuit against Steam somehow by extrapolation since they didn't police the harassing comments sufficiently. Just a guess as to the strategy the guy might have in mind, if he even has one (regardless if the strategy is valid).
It may also be a cover to serve as a delaying tactic or enabler on another legal problem, like debtors trying to collect on him: look, I'm suing to get money to pay you back, so legally you can't touch me until the suit is resolved (or something like that, again regardless if the strategy is even valid). I've seen someone try this in real life at least once.
Or if you apply Occam's Razor to the question, the developer could simply be a douche O0
Is there any way that losers of a lawsuit can be made to pay for costs of the defense? Any way to get an early dismissal from a lawsuit that is clearly frivolous?
No, I'm not one of the defendants, but this is so clearly an unwinnable case it should be considered a tort to bring it. The entire review industry would cease should this case win Along with the entire editorial industry across every medium, in fact no one would ever be able to offer an opinion again without potentially being liable for damages. The insanity is that this can continue and cost the defendants money and/or time to defend themselves.
Quote from: dinsdale on September 19, 2016, 07:32:14 PM
Is there any way that losers of a lawsuit can be made to pay for costs of the defense? Any way to get an early dismissal from a lawsuit that is clearly frivolous?
No, I'm not one of the defendants, but this is so clearly an unwinnable case it should be considered a tort to bring it. The entire review industry would cease should this case win Along with the entire editorial industry across every medium, in fact no one would ever be able to offer an opinion again without potentially being liable for damages. The insanity is that this can continue and cost the defendants money and/or time to defend themselves.
(my bold)
Yep. This thing should be tossed out of court ASAP. Ridiculous.
No wonder he can't find a lawyer to push it for him. Or hasn't tried, since he sounds delusional anyway.
Quote from: dinsdale on September 19, 2016, 07:32:14 PM
Is there any way that losers of a lawsuit can be made to pay for costs of the defense? Any way to get an early dismissal from a lawsuit that is clearly frivolous?
No, I'm not one of the defendants, but this is so clearly an unwinnable case it should be considered a tort to bring it. The entire review industry would cease should this case win Along with the entire editorial industry across every medium, in fact no one would ever be able to offer an opinion again without potentially being liable for damages. The insanity is that this can continue and cost the defendants money and/or time to defend themselves.
There is. It's not very easy to do, though. For starters, for purposes of a motion to dismiss a suit out of hand or a motion to sanction someone for filing, you have to assume that all allegations of fact in the complaint are true.
It's pretty easy to file and maintain a lawsuit, especially if your attorney has any kind of imagination and ingenuity.