Class Action Suit

yamataka · Post by **yamataka** » Mon Mar 19, 2007 3:16 pm

Just wondering if we could start a Class Action Suit against Joymax for breach of contract for not following their own Operation Policy.

That policy is listed here ...

http://www.silkroadonline.net/cc/op.asp

I am not sure how you could actually document the problems well enough to act as evidence though ... or if the fact that it is a Korean company protects them from being sued. Any thoughts on that?

5m0k3 · Post by **5m0k3** » Mon Mar 19, 2007 3:18 pm

Rofl on that list joy max doesnt say botting is illegal lol

Quyxz · Post by **Quyxz** » Mon Mar 19, 2007 3:31 pm

Offcourse u can try it, but I dont think u have succes.
The only power we have is to stop buying silk, but we can never get everyone that far.

Braxton · Post by **Braxton** » Mon Mar 19, 2007 3:43 pm

dude..juts let it go. Play the game or not, its that simple.

yamataka · Post by **yamataka** » Mon Mar 19, 2007 3:49 pm

5. System Abuse Policy

5.1 If a user is found abusing a bug or system glitch, the user may have his account restricted or erased. Listed below are similar instances in which similar action may be taken.
– If a user is found to be inducing or encouraging particular behavior with the intent of placing undue stress on systems.
– If a user discovers a bug and, instead of reporting it directly to a GM or Customer Support, tells other users
– If a user knowingly benefits indirectly from exploitation of a bug.

5.2 Users found to be using or distributing illegal programs may be subject to restrictions of their account or have their account deleted. In particular cases, the user may be subject to investigation by the proper authorities.

6. Unwholesome Behavior Policy

6.1 Unwholesome behavior will be defined as any behavior that violates Operation Policy and similar standards, prevents others from normal usage of the game, or encourages the focused persecution of an individual.

The first bolded section is why botting is illegal. The second bolded section is why globals like the ones that nightbloom was complaining about are illegal and also perhaps makes gold bots illegal because they jam up the servers so that people can't play the game.

There is a a table with punishments that is at the end ... advertising commercial sites has a punishment listed for it which would make all those globals for buying gold illegal.

Oh and I do just play for the most part. But sometimes when grinding I just think and wonder about stuff is all.

5m0k3 · Post by **5m0k3** » Mon Mar 19, 2007 3:51 pm

K now we just need someone over the age of 18 ^^

yamataka · Post by **yamataka** » Mon Mar 19, 2007 3:55 pm

5m0k3 wrote:K now we just need someone over the age of 18 ^^

There are people over 18 here.

But even better, maybe someone has a parent that is a lawyer? A case like this might be a good way to become famous ... which seems to be a good thing for lawyers.

Fly · Post by **Fly** » Mon Mar 19, 2007 4:02 pm

im so excited. i cant belive the day has come that my fellow nerds will rise up and fight the power that oppressed us all in our imaginary world of silkroad.

VIVA LA REVOLUTION!!!!!!!!!

Kitty · Post by **Kitty** » Mon Mar 19, 2007 4:03 pm

Fly wrote:im so excited. i cant belive the day has come that my fellow nerds will rise up and fight the power they oppressed us all in our imaginary world of silkroad.

VIVA LA REVOLUTION!!!!!!!!!

LOL

yamataka · Post by **yamataka** » Mon Mar 19, 2007 4:07 pm

Actually I was thinking about it more from the aspect of getting some money out of it ... or perhaps encouraging Joymax to move on following their own rules a bit more.

But if you get excited by revolutions ... I guess that is ok. Though shouldn't you be protesting the wars or something instead?

Website · Post by **satman83** » Mon Mar 19, 2007 4:08 pm

Fly wrote:im so excited. i cant belive the day has come that my fellow nerds will rise up and fight the power they oppressed us all in our imaginary world of silkroad.

VIVA LA REVOLUTION!!!!!!!!!

JM must be shitting themselves :roll:

achmalach · Post by **achmalach** » Mon Mar 19, 2007 4:11 pm

it's not about finding a lawyer and bringing them to court.
it's about who will pay for it?

aywizzy · Post by **aywizzy** » Mon Mar 19, 2007 4:12 pm

Lol
Frigging OTAKU u got nothing better to do ?
its f#$king Simple QUIT OR PLAY THE dam Game is it that hard ! or spend ur Small cash on new clothes or shoes or on world wide travels , Adventure clubbing or gf( if u got any ) Etc
you have nothing better to do with ur small cash than waste it Suing joymax

PLS GET A LIFE ! :banghead:

yamataka · Post by **yamataka** » Mon Mar 19, 2007 4:24 pm

Gees people ... don't you ever wonder about anything besides this game?

Laws and contracts are pretty interesting stuff ... and it might be a better way to get changes to be made instead of all the "stop buying silk" ideas.

BTW lawyers sometimes work for free if they think they can get enough money later from the settlement. Anyone know how much Joymax is worth as a company?

Internet law is a hot topic right now ... consider the case of YouTube being sued for one billion.

TwelveEleven · Post by **TwelveEleven** » Mon Mar 19, 2007 4:48 pm

aywizzy wrote:Lol
Frigging OTAKU u got nothing better to do ?
its f#$king Simple QUIT OR PLAY THE dam Game is it that hard ! or spend ur Small cash on new clothes or shoes or on world wide travels , Adventure clubbing or gf( if u got any ) Etc
you have nothing better to do with ur small cash than waste it Suing joymax

PLS GET A LIFE !

Who are you to judge someone on sueing someone else? Does that mean they are Lifeless? I don't think so!

(leave the judging to the judges ok?..)

Ivanhaus · Post by **Ivanhaus** » Mon Mar 19, 2007 4:53 pm

just a little info, most class action lawsuits earn the lawyers wayyyyyy more money than the plaintiffs will ever see. the main point of a class action lawsuit is to change a businesses practice to benefit the purchasers. so it is usually pretty easy to find a law firm to handle a class action lawsuit IF they think they can win. The benefit of winning greatly out weighs the cost if they lose.

EGF_LESTAT_SiK · Post by **EGF_LESTAT_SiK** » Mon Mar 19, 2007 4:58 pm

yamataka wrote:Gees people ... don't you ever wonder about anything besides this game?

Laws and contracts are pretty interesting stuff ... and it might be a better way to get changes to be made instead of all the "stop buying silk" ideas.

BTW lawyers sometimes work for free if they think they can get enough money later from the settlement. Anyone know how much Joymax is worth as a company?

Internet law is a hot topic right now ... consider the case of YouTube being sued for one billion.

What contract is it that you have signed with JM? Therein lies the problem....you agreed to an EULA, in that EULA I am 99% certain that somewhere it states that they wholly reserve the right to enforce, maintain, restrict, modify (yes, modify) said EULA AND they reserve the right to change their code, and/or policies without notice at any time. Furthermore, you did NOT pay for the coded game as it is, you may pay for extra items beyond that scope that interacts with the code (item mall) which enhance the gameplay on said FREE game. Therefore, any binding "contract" you think you have with JM is null and void.

The other huge question remains.......monetary support, and the viability of using that support. I don't think that 15m gold per server will suffice in this instance.

achmalach · Post by **achmalach** » Mon Mar 19, 2007 5:11 pm

Isn't it that the moment you pay for any kind of product there has to be a minimal form of support?
So the moment a person pays for an item mall item joymax is obligate to make it work? The item itself works but the enviroment in which it must be used does not allow full benefit of the purchased item (being third party programs that 'interfere' with your purchase)

I know for one that in my country the moment you pay for a service or a item the seller must deliver a minimum of support on it. Also the buyer is protected if the purchased item is not what it was supposed to be.

Just my 2 cents

evilpeta · Post by **evilpeta** » Mon Mar 19, 2007 5:26 pm

5.2 Users found to be using or distributing illegal programs MAY be subject to restrictions of their account or have their account deleted. In particular cases, the user MAY be subject to investigation by the proper authorities.

PsYch008 · Post by **PsYch008** » Mon Mar 19, 2007 5:27 pm

simple answer... NO MAN.

EsQuiRe · Post by **EsQuiRe** » Mon Mar 19, 2007 5:33 pm

on a similar note, i wanna sue Lord yarkan for killin me when he had less then 1% hp to go after i tanked 99% of his hp and didnt get the kill :banghead:

_Lana_ · Post by **_Lana_** » Mon Mar 19, 2007 5:45 pm

Fly wrote:im so excited. i cant belive the day has come that my fellow nerds will rise up and fight the power that oppressed us all in our imaginary world of silkroad.

VIVA LA REVOLUTION!!!!!!!!!

Viva !!!........

------------------------------

Do you guys think this will even help....... Eh nothing.... <.<

munchyy · Post by **munchyy** » Mon Mar 19, 2007 5:47 pm

They are not in breach of their contract, as it states:

5.2 Users found to be using or distributing illegal programs may be subject to restrictions of their account or have their account deleted. In particular cases, the user may be subject to investigation by the proper authorities.

So, they no where state that bots or bot distributors will 100% of the time be banned or have action taken against them. Just because of those two words, the suit would never hold up in court, not to mention the fees it would take to get a lawyer, ect, and whether Korea would allow a suit to be filed, not to mention the price of getting plane tickets, staying in Korea for the duration of the suit, ect.

clarencekuna · Post by **clarencekuna** » Mon Mar 19, 2007 5:54 pm

Buying JoyMax is a better solution.

Any of you got rich parents?

Braxton · Post by **Braxton** » Mon Mar 19, 2007 6:05 pm

Guys you are missing a very very important aspect of this theory.

THE GAME IS FREE, THERE IS NO MONITARY VALUE TO IT. Even if you buy silk, its to enhance the game play, not to play the game.

munchyy · Post by **munchyy** » Mon Mar 19, 2007 6:15 pm

They weren't speaking of having a suit against the game, but rather against the company, who I'm guessing has a rather large monitary value.

e.g 200 players on 10 servers buy 30 silk a monst.

200 x 10 = 2000x 30 = 60,000 USD a month.

And thats if only 200 people/server (if there are 10 servers, I don't know the exact number) buy 30 silk.

Braxton · Post by **Braxton** » Mon Mar 19, 2007 6:20 pm

what are you gonna sue for, them having a popular game. I mean they dont charge you to play, what gives anyone the right to attack them legaly? We buy silk because we want to. If you want to get rich easily then stop logging in and get a job and make your own money to put out a game that is bot free. Grow up people.

yamataka · Post by **yamataka** » Mon Mar 19, 2007 6:25 pm

However we do pay for extras like gold tickets and pets ... and if we are prevented from using them because of actions or the lack of action by Joymax ... isn't that a breach of an implied contract? As in a service is implied by the purchase of a item ... and not being allowed to properly use that item is a violation of the implied contract?

Hmmm this law stuff is getting fun ... and is certainly interesting.

Oh and I recognize the whole part about people MAY be subject to restrictions on their accounts meaning that Joymax doesn't have to ban them. Thats not how I am looking at it. I am looking at it from the standpoint that Joymax recognizes that actions like using third party programs or advertising commercial sites can have an effect on game play. If they recognize that fact and do nothing about it and it effects services purchased ... then maybe there is a breach of contract.

Contracts are apparently very important in international business. hmmm....

Anyways ... just something different and interesting to discuss. I am not a lawyer or anything ... just someone exploring a different way of looking at things.

Quyxz · Post by **Quyxz** » Mon Mar 19, 2007 6:33 pm

munchyy wrote:..

If they will get accused in Korea, there punishment will be they get tortured!

munchyy · Post by **munchyy** » Mon Mar 19, 2007 6:51 pm

Braxton wrote:what are you gonna sue for

Uhm, as the entire thread speculates, breach of contract. They made the contract themselves, why would they make it if it wasn't meant to be enforced - by them - or by us.