Submitted by Ace of Sevens - September 21, 2007 at 9:20 pm -0500
Now that I've read the case itself, some reactions:
Now he's not only claiming that Lee Malvo trained in sniping on Halo, but that the Army uses it to train snipers? IIRC, Halo doesn't even simulate gravity on sniping weapons. The base rule is pull the trigger when it's in your crosshoirs, which hardly seems to qualify as training. (point 9)
"Video game" should be hyphenated in point 11.
Point 12: This is one of the sadder attempts at spin I've seen. Recognizing something may not be good for kids isn't the same thing as community harm and recognizing parents will throw a fit isn't the same thing as copping to any sort of harm. Do we ban roller coasters because you must be a certain height to ride? Do we take the fact that libraries are typically separated into adults' and kids' books as a sign the adult books are dangerous and should be banned?
Point 14: I Best Buy is in violation of an out-of-court settlement (and I think he's mischaracterizing this), the thing to do would be to bring a civil suit specifically against them, not a public nuisance suit to ban a game. This is beyond the points that were amde earlier abotu the FTC considering cred cards valid for age verification as minors can't get them without parent/guardian approval. If they don't want Junior looking at porn and Halo, they can just not sign the form.
Point 15: This is the crux of his claim that Halo 3 itself, rather than Best Buy is a public nuisance, yet he backs it up only with a vague reference to news reports. Aren't you supposed to cite evidence?
Point 16: Again, what do false claims have to do with a nuisance suit? This sounds more like an issue for the FTC than the local courts.
Point 17: Prohibiting Microsoft from selling indirectly to anyone under 17 amounts to prohibiting them from selling it at all. Since hasn't named mail-order outlets beyond Best Buy in the case, presumably it would be Microsoft's job to make sure Amazon didn't sell to some kid in Pennsacola.
Overall: note the lack of any specific claims about Halo 3 or explanations why it falls under the public nuisance statute beyond vague claims that it's violent. He does cite (misleadingly) some studies on the matter, but does nothing to demonstrate these studies would apply to Halo 3. The closest he comes is citing a news story that the Beltway Sniper played Halo.
If he's lucky, the court will reject this at the first hearing, minimizing the damages Microsoft can counter-sure for.
Posted 08/21/08 at 08:32pm ZippyDSMlee: Talouin: high learning curve my arse!The game is simpley unfun,period!
Posted 08/21/08 at 04:15pm GRIZZAM PRIME: Hot damn, the Trolls must've taken some troll steroids...they are all over today.
Posted 08/21/08 at 03:03pm Talouin: @ZippyDSMlee: Yea, that game has a really high learning curve fun when you got the hang of it but the SE developers need a kick
Posted 08/21/08 at 02:45pm ZippyDSMlee: Talouin:I quit FF11 3 months after I started, is a horrible game from top to bottom.
Posted 08/21/08 at 02:28pm Talouin: @SimonBob: I have never been happier I quit FFXI last month until now.
Posted 08/21/08 at 01:59pm ZippyDSMlee: Boyycotting only works when sheeple care, the masses have to want to care about subtleties, in general they do not thus why corporate gets as far as it does. However boycotting can raise a fuss and the bad PR might make them take note.
Posted 08/21/08 at 01:20pm SimonBob: There's a full explanation of the FFXI PW fight up: http://rukenshin.livejournal.com/17133.html
Posted 08/21/08 at 01:16pm Talouin: @Quander, That fight is brand spanking new. People just don't know how to do it yet.
Posted 08/21/08 at 01:06pm AM: @GP: Boycott is unlikely to be effective due to how few people would be aware/participate. That said, I boycott EA over their "3 installs then buy another copy" copy protection, so I can't say it's NOT a good idea.
Posted 08/21/08 at 01:06pm GryphonOsiris: @Scribe, just read that. The reports are saying that is was a targeted killing. Odds are a bully, gang related or something.
Posted 08/21/08 at 01:03pm SimonBob: I just glanced over some of the companies' game lists; turns out I was already boycotting three of them anyway.
Posted 08/21/08 at 12:53pm DarkTetsuya: @scribe999 yeah I heard about that, and I *thought* I saw a vulture circling the area...
Posted 08/21/08 at 12:53pm DarkTetsuya: @scribe999 yeah I heard about that, and I *thought* I saw a vulture circling the area...
Posted 08/21/08 at 12:36pm gamepolitics: is a gamer boycott of atari, codemasters, topware and the other 2 UK firms who are extorting file-sharers a good idea?
Posted 08/21/08 at 12:19pm scribe999: Another school shooting...this time in Tennessee. Terrible news. And I'm sure there's much hyperbole to follow.
Posted 08/21/08 at 12:10pm sortableturnip: hehehe ;)
Posted 08/21/08 at 12:09pm DarkTetsuya: @sortableturnip I'm totally putting what you said as my sig :P thanks!
Posted 08/21/08 at 12:02pm sortableturnip: OMG JT speaking in front of another BS group: http://jaablog.jaablaw.com/2007/09/04/
pardon-our-appearance.aspx?pg=2
&view=threaded
Posted 08/21/08 at 11:50am Neeneko: @Quander - I"m not all that familiar with FFXI, but maybe this mob just requires more gank? or there is a trick? larger group?
Posted 08/21/08 at 07:54am sortableturnip: The "smoking gun" is the Florida Bar dropping its insurance coverage from Nationwide
Now he's not only claiming that Lee Malvo trained in sniping on Halo, but that the Army uses it to train snipers? IIRC, Halo doesn't even simulate gravity on sniping weapons. The base rule is pull the trigger when it's in your crosshoirs, which hardly seems to qualify as training. (point 9)
"Video game" should be hyphenated in point 11.
Point 12: This is one of the sadder attempts at spin I've seen. Recognizing something may not be good for kids isn't the same thing as community harm and recognizing parents will throw a fit isn't the same thing as copping to any sort of harm. Do we ban roller coasters because you must be a certain height to ride? Do we take the fact that libraries are typically separated into adults' and kids' books as a sign the adult books are dangerous and should be banned?
Point 14: I Best Buy is in violation of an out-of-court settlement (and I think he's mischaracterizing this), the thing to do would be to bring a civil suit specifically against them, not a public nuisance suit to ban a game. This is beyond the points that were amde earlier abotu the FTC considering cred cards valid for age verification as minors can't get them without parent/guardian approval. If they don't want Junior looking at porn and Halo, they can just not sign the form.
Point 15: This is the crux of his claim that Halo 3 itself, rather than Best Buy is a public nuisance, yet he backs it up only with a vague reference to news reports. Aren't you supposed to cite evidence?
Point 16: Again, what do false claims have to do with a nuisance suit? This sounds more like an issue for the FTC than the local courts.
Point 17: Prohibiting Microsoft from selling indirectly to anyone under 17 amounts to prohibiting them from selling it at all. Since hasn't named mail-order outlets beyond Best Buy in the case, presumably it would be Microsoft's job to make sure Amazon didn't sell to some kid in Pennsacola.
Overall: note the lack of any specific claims about Halo 3 or explanations why it falls under the public nuisance statute beyond vague claims that it's violent. He does cite (misleadingly) some studies on the matter, but does nothing to demonstrate these studies would apply to Halo 3. The closest he comes is citing a news story that the Beltway Sniper played Halo.
If he's lucky, the court will reject this at the first hearing, minimizing the damages Microsoft can counter-sure for.