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Game Addiction Lawsuit Progresses in Spite of EULA

The Register has the latest on the lawsuit filed against NCsoft by a player claiming the company is to blame for his addition to Lineage II. A judge has decided the suit can go forward, refusing to dismiss it on the basis of the game's EULA. Here's word: "More often than not, this is where cases such as these end. User sues company; company cites EULA barring such lawsuits; judge grants company's motion to dismiss. End of story. But the judge in this case, US District Judge Alan C. Kay, noted that both Texas and Hawaii law bar contract provisions that waive in advance the ability to make gross-negligence claims. He also declined to dismiss Smallwood's claims for negligence, defamation, and negligent infliction of emotional distress." They point out that regardless of the outcome of the suit itself, that this preliminary decision may turn out to be significant, saying: "As Freedom to Tinker blogger Steve Roosa writes, the decision 'may achieve some lasting significance in the software license wars.' For 20 years, the software and online user “has been dying a slow death under the decisional law, with software license agreements routinely interpreted in favor of software companies on any number of issues." Thanks Acleacius.

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