You Cannot Sue Developers For Making Games Too Fun!

Microsoft, Activision Blizzard, Roblox, Epic Games, Rockstar, and several other major developers are being sued because the plaintiffs claim their games are addictive.

 

The lawsuits, which have been filed over the past year, all allege that the developers intentionally design these games to be addictive. One lawsuit, filed by a mother and son in Arkansas, has been called an attack on the First Amendment rights of game developers. The lawsuit alleged that Roblox, Fortnite, Minecraft, Call of Duty and other popular games used “addictive psychological features” to engage a then-12-year-old child.

The man is now 21 and spends $350 a month on games, has not finished school, suffers from depression and “anxiety” and has withdrawal symptoms (anger, rage, physical outbursts), and the lawsuit says the mother could not control her son’s games because he became afraid of him. The game developers are liable for defective and negligent design that exploits the user’s (especially the minor’s) brain’s chemical reward system to create addictive engagement, compulsive use, and further mental and physical harm, and for failing to warn users of the risk of addiction.

According to the motion to dismiss, games serve as a medium of self-expression under a 2011 Supreme Court ruling, and being too entertaining is not a valid reason to restrict constitutionally guaranteed free speech. The developers’ attorneys said the mother and son failed to clearly articulate which in-game features caused harm and how. The lawsuit devotes several pages to the allegedly addictive features of the games, citing elements that have been frequently criticized (exploitative monetization; deceptive interface tricks called dark patterns).

Call of Duty is criticized for rewarding players with weapon and attachment unlocks, which the lawsuit calls “a form of operant conditioning,” and for providing “fast-paced gameplay, satisfying graphics, sounds, and other dopamine boosters.” Minecraft’s multiplayer features are said to “addict players to connecting with others in the Minecraft world,” and players with ADHD “can easily become hyper-focused and addicted to building worlds.” Grand Theft Auto 5 “includes an endless array of activities and challenges to continually engage users and ensure they never get bored.” The developers say the complaint uses ominous terms (feedback loop, monetization scheme).

“Video game addiction is a serious problem created and perpetuated by a multi-billion dollar industry with a profit motive to create addicts out of our children. The addiction we are seeing in children and young adults is severe, with gaming taking over their entire lives and having a drastic and detrimental impact on their well-being. As we continue to investigate this crisis on behalf of affected families, we look forward to shining a light on this industry, holding these video game companies accountable for the harm they are causing, and ensuring that changes are made to protect children in the future,” said a representative from Bullock Ward Mason, the law firm that filed five of the six lawsuits. The firm specializes in gambling addiction.

If any of the lawsuits are not dismissed, the developers have each requested that the case go to arbitration. The plaintiffs have asked for more time to respond to these motions as they await a decision on whether or not the pretrial proceedings of all six very similar addiction cases will be consolidated.

Source: PCGamer

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Anikó, our news editor and communication manager, is more interested in the business side of the gaming industry. She worked at banks, and she has a vast knowledge of business life. Still, she likes puzzle and story-oriented games, like Sherlock Holmes: Crimes & Punishments, which is her favourite title. She also played The Sims 3, but after accidentally killing a whole sim family, swore not to play it again. (For our office address, email and phone number check out our IMPRESSUM)

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