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For those wanting AV to sue Eurogamer...

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  • The_KorriganThe_Korrigan Member RarePosts: 3,460
    Originally posted by Batica
    Please just move on - its a niche game, with limited release and if I am really honest most of the people who are in DF now will move on to Mortal Online

     

    Jeez, I hope not. I hope that the catastrophic community stays fanatically with Darkfall, for the good of the future MO community. I have faith concerning this though, to start with, the MO forums are moderated and they don't tolerate the trash that you find on the DFO ones, which is a good start to keep all the rude kiddies out.

    Respect, walk, what did you say?
    Respect, walk
    Are you talkin' to me? Are you talkin' to me?
    - PANTERA at HELLFEST 2023
    Yes, they are back !

  • DarthRaidenDarthRaiden Member UncommonPosts: 4,333
    Originally posted by beauxaj

    Originally posted by journey01


     Btw, for those that asked whether there were factual mistatements in the review:  Here's a list of what the misstatements along with a description of the correct sway DFO works taken from the EG comment section:



    To 'do' anything - talk to an NPC, bind yourself to a location, loot a corpse, and so on - you have to click the right mouse button to toggle between interaction or movement mode. 



    -You simply have to hit F 



    Unbelievably, to do anything that involves any interaction at all, you have to stop still - this includes any and all inventory management, looting, chatting - anything interactive. 



    -You can auto run while interacting with your inv or anything else, you can also hold shift to sprint while doing these things. (save looting by design) 



    like an FPS, except with little to no reference point. 



    -You have a small crosshair on your screen 



    how slow and floaty the controls tend to be. 



    -The controls react just like any other FPS (I have 170 ping) 



    The difference in feedback between a sword hitting or missing is negligible 



    -Hearing the sound of the sword hitting, blood splattering and the grunt of whatever race or monster is not negligible compared to “whiff” 



    lack of hit detection 



    -If you hit, you hit, if you miss, you miss. Hit detection is spot on.   There is also an option to turn on hit sounds.



    Judging the distance that one needs to be at to fight a foe is largely guesswork 



    -I could see this on the first few swings, but each weapon has a set range and it is the same every time you swing it. There is no guesswork, you hit if you are in range. 



    your combat skills affect how often you actually connect. 



    -Just false, combat skill has nothing to do with hit or miss. 



    changing weapon (a ten-second operation - five if you're particularly nimble) 



    -If you use a hotbar (most people do) it takes as long as it takes you to click a key. In no way can you justify saying this, even if it’s hyperbole (I don’t think it is in this case with nothing on his hotbar) 



    EverQuest - which was actually graphically superior 



    - This is opinion, sort of, but no way 99% of people would agree with this, EQ2 maybe.





    no definition in areas except those where you spawn as a newbie 



    - The entire world is hand crafted and looks amazing, no auto generation of terrain or anything. 



    It doesn't even have [snip] some form of tutorial 



    - there is a breif tutorial of controls and UI at sigon. 



    horrible user interface, and broken combat system. 



    - the UI works fine, it’s FPS not MMO Combat is one of the best parts of the game and is far from broken 



    the few Darkfall servers Adventurine is running 



    - There is a single server farm called EU1 



    You can't turn off the UI - the game just occasionally forgets to load it. 



    - There is a setting to turn off the UI that you can hotkey 



    At times you'll be left waiting to die - for up to a minute. 



    - after 15-20 seconds you can hit spacebar and “tapout”

    Its interesting that a lot of the information that people are screaming "he's lying" about are not exactly lies so much as inaccuracies.  those can be mainly based on what kind of system he was using. Others mention that the disappearing UI  is an issue with the graphics card he may have had.  If thats the case, crosshairs may not have appeared for him (inaccurate, maybe, a lie? no.)   All the things others mention, options to turn on hit sounds, hitting F, alt-h to remove the UI (ALT-H???)  are things found by actually searching or asking others, the Alt -h in particular is relatively hard to find out about.  

    If ANY of the things he mentioned were easily found/discovered he may not have had an issue. I'm sorry , but a Screenshot of the UI etc while signing on is not a tutorial.  These days, barely anyone reads the manual that comes with a game and an intuitive UI helps to soften that lack. 

    He may have had a few things wrong, but you can't claim he knowingly lied which means no Libel.

     

    So it is an inaccuracy to speak about more server then one. - Shown to you on every login

    Not see the crosshair .

    Not hear the sound on hits and not see the bloodsplatter on hit ..

    Do you hold me for a fool ?  Someone who claimed these three things alone not only i would not believe he has EVER loged on in DarkFall i would be pissed if such a human waste would tell me stories about what he pretend to have experienced .

    Ed Zitron,  as DF hater has fully intended to bury the game. He used lies and faul language to blacken  the developers and the playerbase of the game just because he is a hater,  nothing more.

    Like all the haters we use to meet here  in MMORPG.com, just he wasnt in a position to be allowed to act like an asshole. He should review a game not hold a shit session on his WC.

    -----MY-TERMS-OF-USE--------------------------------------------------
    $OE - eternal enemy of online gaming
    -We finally WON !!!! 2011 $OE accepted that they have been fired 2005 by the playerbase and closed down ridiculous NGE !!

    "There was suppression of speech and all kinds of things between disturbing and fascistic." Raph Koster (parted $OE)

  • jimmyman99jimmyman99 Member UncommonPosts: 3,221
    Originally posted by journey01

    Originally posted by Wyldsong


    Just thought it would be fun to see why people think AV has real grounds to sue Eurogamer.  And please try to keep on topic if you decide to post=P
    From the Media Law Resource Center:
    "In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.
     
    The statement(s) alleged to be defamatory must also have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.
     
    The statement(s) alleged to be defamatory must also be a false statement of fact. That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.
     
    The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In most jurisdictions, private individuals must show only that the defendant was negligent: that he failed to act with due care in the situation.
     
    A defamation claim -- at least one based upon statements about issues that are matters of public interest -- will likely fail if any of these elements are not met."

     
     
    So, based on that, and please try to back up statements with proof, not just, "Yeah, Ed did all of that", do you really believe AV would have a case?
    Just FYI, from what I have seen, read, and discussed, libel cases in the areas of product reviews, rarely, if ever, have a chance in hell of being won.  Not stating this as a fact though, just an observation.
    Discuss.  Or ignore it.
    P.S.  So far, the Media Law Resource Center has one of the best write ups I could find on the subject.  If anyone finds anything better, then by all means, load it up.

     

    I believe that is an accurate statement of the common law.  However, keep in mind there may be variances depending on the jurisdiction where the lawsuit is brought.  Also keep in mind, there may be some international law issues.  There's probably no need to post all different sorts of statutes on the subject.  Yours is accurate enough.

     

    Using your statement of libel law as the foundation for the examination, it would appear that there's enough for AV to pursue a basis for a claim.  Whether they win or not would be up to a jury.  Let's go over the elements of libel that you posted:

    1.  clearly the element of defamtion is met.  There is harm to the reputation of AV.

    2.  The statements were published.  So this element is met.

    3.  The publication does contain false statements of facts.  The comments sections of the Eurogamer review has a nice bullet point of all the false statements.  I won't specifically post them all as they are exhaustive, unless it's later requested.

    4.  Actual malice:  This is actually a 2 part element, as actual malice only applies to Public figures such as celebrities and politicians.  The standard for normal people is actually negligence.  

       Depending on whether the jury decides that Aventurine is a public figure or not would change the standard.

     

    If they decide that Aventurine is a public entity, then actual malice would have to be proven.  This means a reckless disregard for the truth.  It doesn't necessarily mean that Eurogamer knew the truth and ignored it, but rather, they should have known the truth.  Were the true facts readily available to them and they didn't check them?  I would argue yes.  Ultimately the jury would decide the outcome.

     

    But whether they have enough to start a lawsuit.  It appears that they do.

    I dont see how giving a negative review on Darkfall harms Aventurine reputation.

    There is no chance that AV would win this case if they did sue EG. If they did win that case, that would mean that no company would ever publish a negative review.

    Besides, reviews are based on opinions, and you cannot really judge opinions. AV could sue someone for saying AV mistreated their workers, but they couldn't sue someone for saying "AV is incompetent and does not know how to develop games".

    I am the type of player where I like to do everything and anything from time to time.
    image
    http://en.wikipedia.org/wiki/Holodomor - pre-WW2 genocide.
    imageimage

  • ValetmanValetman Member Posts: 102
    Originally posted by gnlLucid



    You are all trusting legal advice... from this guy.

     

    Im not.

     

    As said, only one possible libel case in the whole sorry mess.

     

    And that is tasos' multiple counts of calling a specifically named person a 'fraud' .

     

    And that wont happen either.

     

    Oh, and Im as qualified on European libel laws as Journey is.

     

    In other words, no qualifications at all.

  • maxnrosymaxnrosy Member Posts: 608
    Originally posted by Carl132p



     

    Aventurine could take this to court and win. Not because it makes any sense at all but because a bitch sued McDonalds because he/she burnt themselves drinking hot coffee and won.

     I have one question for you and well the everyone who knows about the Mcdonalds hot coffee case.

    Did you hear about it or have you actually read about the whole case?

    www.vanfirm.com/mcdonalds-coffee-lawsuit.htm

     

    Seriously you think this was some "bitch" trying to gag money from mcdonalds.? How about 700 damn cases before this old lady got 3rd degree burns from the accident that happened in her car while she was adding cream to the coffee. 3rd degree burns and 7 days in the hospital, horrible scars. and whats worse this has happened 700 times before and mcdonalds settled in every case save the last.

    The coffee was held at temps of 180 f or higher and NO FUCKING LABLES. That old lady and the 700 cases beforehand deserved every fucking penny from McDonalds.

    Do you damn Homework before dissing of a lady who was victim of a Big corporations negligence. oh and they did lower the temp of how the served coffee.

    This review from eurogamer is a different setting, there is nothing av can do to file a lawsuit.

    Many other games suffered bad reviews and have never seen lawsuits after.

    Im now going back to eve to continue my bomb slaughter.

    Watching Fanbois drop their soap in a prison full of desperate men.

  • gnlLucidgnlLucid Member Posts: 310

    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

  • journey01journey01 Member Posts: 140
    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.

     

    To be honest, when I first saw that your posts were gone, I thought you had checked my credentials as I suggested and took them down yourself.

  • journey01journey01 Member Posts: 140
    Originally posted by Valetman

    Originally posted by gnlLucid



    You are all trusting legal advice... from this guy.

     

    Im not.

     

    As said, only one possible libel case in the whole sorry mess.

     

    And that is tasos' multiple counts of calling a specifically named person a 'fraud' .

     

    And that wont happen either.

     

    Oh, and Im as qualified on European libel laws as Journey is.

     

    In other words, no qualifications at all.

    If you have the revelant European Libel laws, please post them, so a proper analysis can be done.  Currently, all analysis have been conducted using the posted statute in the OP's original post.

    As it is, there are several questions regarding proper jurisdiction.  Jurisdiction could potentially be in Greece, the country where Eurogamer is based, as well as potentially any country where they do business.  It can get messy pretty quick.  But we are dealing with a hypothetical as of now based on the original post, which simplifies the discussion.

     

    Also, you should be aware that US law has a basis in English common law, so there is a fundamental understanding of English common law that is taught in the course of study.  But I digress...

  • gnlLucidgnlLucid Member Posts: 310
    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

  • journey01journey01 Member Posts: 140
    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

    I'll tell you what, why don't you pm a moderator and ask for an explanation.  Tell them I will back you in your attempt to find out why your posts were deleted.

     

    I imagine that the site has some kind of privacy policy that they are upholding and they don't sanction the unauthorized posting of other people's photographs in order to degrade them.  but that's just my guess.

    Again I am posting for all to see that I am supporting you in your effort to get an answer from a moderator if you chose to discuss it with them. 

    Also, if you have an issue with how I celebrate my son being born, that seems to be a personal attack which may not belong in a public forum.  If you want to pm me and let me have it, that's fine with me too, I'm pretty thick skinned.  I just suggest that we keep the discussion in this thread on an intellectual level.

  • ValetmanValetman Member Posts: 102
    Originally posted by journey01



    If you have the revelant European Libel laws, please post them, so a proper analysis can be done.  Currently, all analysis have been conducted using the posted statute in the OP's original post.

    As it is, there are several questions regarding proper jurisdiction.  Jurisdiction could potentially be in Greece, the country where Eurogamer is based, as well as potentially any country where they do business.  It can get messy pretty quick.  But we are dealing with a hypothetical as of now based on the original post, which simplifies the discussion.

     

    Also, you should be aware that US law has a basis in English common law, so there is a fundamental understanding of English common law that is taught in the course of study.  But I digress...

    Why is it you are asking me for information on European law?

     

    You have spent the last few pages proclaiming 'I know the law' .

    I thought that was Judge Dredd, but no, its you.

     

    As I said, you are as unqualified as anyone else here on European Libel laws, your problem appears to be you got sand in your vagina when I pointed it out.

     

    that epeens shrinking a bit eh?

     

     

  • gnlLucidgnlLucid Member Posts: 310
    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

    I'll tell you what, why don't you pm a moderator and ask for an explanation.  Tell them I will back you in your attempt to find out why your posts were deleted.

     

    I imagine that the site has some kind of privacy policy that they are upholding and they don't sanction the unauthorized posting of other people's photographs in order to degrade them.  but that's just my guess.

    Again I am posting for all to see that I am supporting you in your effort to get an answer from a moderator if you chose to discuss it with them. 

    Also, if you have an issue with how I celebrate my son being born, that seems to be a personal attack which may not belong in a public forum.  If you want to pm me and let me have it, that's fine with me too, I'm pretty thick skinned.  I just suggest that we keep the discussion in this thread on an intellectual level.



     

    I am posting for all to see that I am truely, the queen of france!

    ALSO! Tasos did not modify the logs!

    ALSO! DarkFall is a truely enjoyable experience!

    ...This is fun...

  • journey01journey01 Member Posts: 140
    Originally posted by Valetman

    Originally posted by journey01



    If you have the revelant European Libel laws, please post them, so a proper analysis can be done.  Currently, all analysis have been conducted using the posted statute in the OP's original post.

    As it is, there are several questions regarding proper jurisdiction.  Jurisdiction could potentially be in Greece, the country where Eurogamer is based, as well as potentially any country where they do business.  It can get messy pretty quick.  But we are dealing with a hypothetical as of now based on the original post, which simplifies the discussion.

     

    Also, you should be aware that US law has a basis in English common law, so there is a fundamental understanding of English common law that is taught in the course of study.  But I digress...

    Why is it you are asking me for information on European law?

     

    You have spent the last few pages proclaiming 'I know the law' .

    I thought that was Judge Dredd, but no, its you.

     

    As I said, you are as unqualified as anyone else here on European Libel laws, your problem appears to be you got sand in your vagina when I pointed it out.

     

    that epeens shrinking a bit eh?

     

     

    Well, we are working with a hypothetical law that would apply that's posted in the original post.  If you want to suggest a different hypothetical, we'd need the hypothetical facts to work with.

    I would agree that I don't practice international law.  However, I am willing to learn and apply my knowledge of the basic principals to do an analysis.  I just ask that you provide the hypothetical set of facts. 

    You are stating that it's not possible to sue in Europe because of European libel laws.  I'm not disagreeing with you.  I'm simply asking for a source so that we can do a proper analysis.

     

  • journey01journey01 Member Posts: 140
    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

    I'll tell you what, why don't you pm a moderator and ask for an explanation.  Tell them I will back you in your attempt to find out why your posts were deleted.

     

    I imagine that the site has some kind of privacy policy that they are upholding and they don't sanction the unauthorized posting of other people's photographs in order to degrade them.  but that's just my guess.

    Again I am posting for all to see that I am supporting you in your effort to get an answer from a moderator if you chose to discuss it with them. 

    Also, if you have an issue with how I celebrate my son being born, that seems to be a personal attack which may not belong in a public forum.  If you want to pm me and let me have it, that's fine with me too, I'm pretty thick skinned.  I just suggest that we keep the discussion in this thread on an intellectual level.



     

    I am posting for all to see that I am truely, the queen of france!

    ALSO! Tasos did not modify the logs!

    ALSO! DarkFall is a truely enjoyable experience!

    ...This is fun...

    So, what did the moderator tell you?

  • gnlLucidgnlLucid Member Posts: 310
    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

    I'll tell you what, why don't you pm a moderator and ask for an explanation.  Tell them I will back you in your attempt to find out why your posts were deleted.

     

    I imagine that the site has some kind of privacy policy that they are upholding and they don't sanction the unauthorized posting of other people's photographs in order to degrade them.  but that's just my guess.

    Again I am posting for all to see that I am supporting you in your effort to get an answer from a moderator if you chose to discuss it with them. 

    Also, if you have an issue with how I celebrate my son being born, that seems to be a personal attack which may not belong in a public forum.  If you want to pm me and let me have it, that's fine with me too, I'm pretty thick skinned.  I just suggest that we keep the discussion in this thread on an intellectual level.



     

    I am posting for all to see that I am truely, the queen of france!

    ALSO! Tasos did not modify the logs!

    ALSO! DarkFall is a truely enjoyable experience!

    ...This is fun...

    So, what did the moderator tell you?

     

    You apparently dont post here too often... lest you would already know the answer to that question, nor would you have suggested me asking the community management here anything, as you would know, you wouldnt get a response. :)

     

  • journey01journey01 Member Posts: 140
    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

    I'll tell you what, why don't you pm a moderator and ask for an explanation.  Tell them I will back you in your attempt to find out why your posts were deleted.

     

    I imagine that the site has some kind of privacy policy that they are upholding and they don't sanction the unauthorized posting of other people's photographs in order to degrade them.  but that's just my guess.

    Again I am posting for all to see that I am supporting you in your effort to get an answer from a moderator if you chose to discuss it with them. 

    Also, if you have an issue with how I celebrate my son being born, that seems to be a personal attack which may not belong in a public forum.  If you want to pm me and let me have it, that's fine with me too, I'm pretty thick skinned.  I just suggest that we keep the discussion in this thread on an intellectual level.



     

    I am posting for all to see that I am truely, the queen of france!

    ALSO! Tasos did not modify the logs!

    ALSO! DarkFall is a truely enjoyable experience!

    ...This is fun...

    So, what did the moderator tell you?

     

    You apparently dont post here too often... lest you would already know the answer to that question, nor would you have suggested me asking the community management here anything, as you would know, you wouldnt get a response. :)

     

    Well, then I imagine that you already know why your posts were removed and chose not to tell anyone.  Your response also tells me that you didn't bother to even try to ask them.

  • CereoCereo Member Posts: 551
    Originally posted by journey01


    Well, we are working with a hypothetical law that would apply that's posted in the original post.  If you want to suggest a different hypothetical, we'd need the hypothetical facts to work with.
    I would agree that I don't practice international law.  However, I am willing to learn and apply my knowledge of the basic principals to do an analysis.  I just ask that you provide the hypothetical set of facts. 
    You are stating that it's not possible to sue in Europe because of European libel laws.  I'm not disagreeing with you.  I'm simply asking for a source so that we can do a proper analysis.
     



     

    Ugh, gotta hate TV shows these days. Guy watches Law and Order and thinks he has a high grasp of the law. This thread ended many times, AV cannot sue Ed Zitron for libel... well they can try, but they would never win. That case is closed and we've all moved on. Go back to watching ER so you can also argue with people about how to perform heart surgery.

  • gnlLucidgnlLucid Member Posts: 310
    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid

    Originally posted by journey01

    Originally posted by gnlLucid


    Awe, he reported my posts.  Eh, if ya cant beat em, run the Mommy and Daddy I suppose.

    Actually, I never reported anything.  If there was a problem with your posts, perhaps you should contact the site administrators.  Perhaps they had some kind of policy against using personal photographs to degrade other people.  If I had been so inclined to report your posts, I would have done it in the beginning instead of responding to them, and quoting them in my responses. 

     

    Please check your facts before you make accusations.



     

    Or else what, you'll sue me for slander?

    *pat pat*  It's ok sparky, I agree, you obviously didnt report my post, a moderator came in here, passed up the multiple posts containting foul language, saw mine and said "I DRAW THE LINE HERE!  The cussing I can handle! But a picture of a guy holding a bottle of cheap wine?!  UNACCEPTABLE!" 

    I'll tell you what, why don't you pm a moderator and ask for an explanation.  Tell them I will back you in your attempt to find out why your posts were deleted.

     

    I imagine that the site has some kind of privacy policy that they are upholding and they don't sanction the unauthorized posting of other people's photographs in order to degrade them.  but that's just my guess.

    Again I am posting for all to see that I am supporting you in your effort to get an answer from a moderator if you chose to discuss it with them. 

    Also, if you have an issue with how I celebrate my son being born, that seems to be a personal attack which may not belong in a public forum.  If you want to pm me and let me have it, that's fine with me too, I'm pretty thick skinned.  I just suggest that we keep the discussion in this thread on an intellectual level.



     

    I am posting for all to see that I am truely, the queen of france!

    ALSO! Tasos did not modify the logs!

    ALSO! DarkFall is a truely enjoyable experience!

    ...This is fun...

    So, what did the moderator tell you?

     

    You apparently dont post here too often... lest you would already know the answer to that question, nor would you have suggested me asking the community management here anything, as you would know, you wouldnt get a response. :)

     

    Well, then I imagine that you already know why your posts were removed and chose not to tell anyone.  Your response also tells me that you didn't bother to even try to ask them.



     

    *sigh*

    For the second time, on two different subjects:

     <----------- This represents the point, right here.  See that? "The Point".

     

     

     

    ------------------------------------------------>  This represents your location, missing "The Point".

  • gFizgFiz Member Posts: 153

    AV doesn't have enough money to support a second server, I highly doubt they have the means to litigate, even if it was warranted. 

  • korngirl9561korngirl9561 Member Posts: 1

    Spot on.  In the US nearly anyone can file a lawsuit if they're willing to pay the filing costs.  However, even with civil court's lower burden of proof (preponderance of evidence) it is extremely difficult to win any libel case. The reason many people file lawsuits is as a knee jerk reaction.  Adventurine's beef with Eurogamer would be thrown out of a US court in a minute  because it does not meet the US legal standard of libel.  While there were some inaccuracies in Zintron's review, partly made in humor, overall its brutally honest, and review scores are largely subjective. Its worth noting that most libel suits end with the plaintiff being countersued and paying for everyone's court costs in the rare situation that they see the light of day.  Libel also usually refers to print or television media, although in recent years it has been applied to emails and websites in western countries.  Still, it is even harder to "win" a libel suit when dealing with online media. That said, as brought up earlier, who has legal jurisdiction? Adventurine is a Greek developer, and Eurogamer is based out of the UK.

    One other thing, in the US, contrary to popular belief, judges and juries tend to look down on people who file relatively frivolous lawsuits, especially in cases where they have been filed out of vengeance.

    The truth is that Eurogamer published Zintron's review, and Adventurine is angry with the score.  Just because you enjoy a game doesn't mean you should try to manipulate the legal system to defend it.  Somehow I don't think we'd even be having this discussion if the PVP game market was more diverse.

  • journey01journey01 Member Posts: 140
    Originally posted by Cereo

    Originally posted by journey01


    Well, we are working with a hypothetical law that would apply that's posted in the original post.  If you want to suggest a different hypothetical, we'd need the hypothetical facts to work with.
    I would agree that I don't practice international law.  However, I am willing to learn and apply my knowledge of the basic principals to do an analysis.  I just ask that you provide the hypothetical set of facts. 
    You are stating that it's not possible to sue in Europe because of European libel laws.  I'm not disagreeing with you.  I'm simply asking for a source so that we can do a proper analysis.
     



     

    Ugh, gotta hate TV shows these days. Guy watches Law and Order and thinks he has a high grasp of the law. This thread ended many times, AV cannot sue Ed Zitron for libel... well they can try, but they would never win. That case is closed and we've all moved on. Go back to watching ER so you can also argue with people about how to perform heart surgery.

    You actually did nail the issue:  Anyone can file a lawsuit, but winning is another issue.  in order to win the elements of the relevant law must be proven.  In a libel case, it would be by a preponderence of the evidence.  There's good arguments for both sides.  However, if we are going to discuss laws in different jurisdictions, they need to be posted to have a meaningful conversation on the subject.

  • gnlLucidgnlLucid Member Posts: 310
    Originally posted by Cereo

    Originally posted by journey01


    Well, we are working with a hypothetical law that would apply that's posted in the original post.  If you want to suggest a different hypothetical, we'd need the hypothetical facts to work with.
    I would agree that I don't practice international law.  However, I am willing to learn and apply my knowledge of the basic principals to do an analysis.  I just ask that you provide the hypothetical set of facts. 
    You are stating that it's not possible to sue in Europe because of European libel laws.  I'm not disagreeing with you.  I'm simply asking for a source so that we can do a proper analysis.
     



     

    Ugh, gotta hate TV shows these days. Guy watches Law and Order and thinks he has a high grasp of the law. This thread ended many times, AV cannot sue Ed Zitron for libel... well they can try, but they would never win. That case is closed and we've all moved on. Go back to watching ER so you can also argue with people about how to perform heart surgery.



     

    LOL, and with that - Thread.End;

    On to the next!

  • journey01journey01 Member Posts: 140
    Originally posted by korngirl9561


    Spot on.  In the US nearly anyone can file a lawsuit if they're willing to pay the filing costs.  However, even with civil court's lower burden of proof (preponderance of evidence) it is extremely difficult to win any libel case. The reason many people file lawsuits is as a knee jerk reaction.  Adventurine's beef with Eurogamer would be thrown out of a US court in a minute  because it does not meet the US legal standard of libel.  While there were some inaccuracies in Zintron's review, partly made in humor, overall its brutally honest, and review scores are largely subjective. Its worth noting that most libel suits end with the plaintiff being countersued and paying for everyone's court costs in the rare situation that they see the light of day.  Libel also usually refers to print or television media, although in recent years it has been applied to emails and websites in western countries.  Still, it is even harder to "win" a libel suit when dealing with online media. That said, as brought up earlier, who has legal jurisdiction? Adventurine is a Greek developer, and Eurogamer is based out of the UK.
    One other thing, in the US, contrary to popular belief, judges and juries tend to look down on people who file relatively frivolous lawsuits, especially in cases where they have been filed out of vengeance.
    The truth is that Eurogamer published Zintron's review, and Adventurine is angry with the score.  Just because you enjoy a game doesn't mean you should try to manipulate the legal system to defend it.  Somehow I don't think we'd even be having this discussion if the PVP game market was more diverse.

    I like your analysis of the law.  You're right that it would be a difficult case to win.   However, I do think it would survive a default judgement.  Everything else would be for the jury to decide.

     

    The Jurisdiction question is rather fascinating, as Eurogamer appears to have branch offices in other countries as well. 

  • delete5230delete5230 Member EpicPosts: 7,081

    I like pizza

  • tombear81tombear81 Member Posts: 810

     Oh my the popcorn and launghter is making me choke... Av dont have money for  a second server cluster  let alone some whack ass libel of some minor website which game a scathing review. Move on.. the game got 2/10... its only two ponits below what I'd award it maximum due to developer stupidty and rabid fanbots and the out of date website. So somene did the MMO community a service... though if you like the game move on ! 

    That said...

    Oh please AV sue.... it will just open the floodgates to more laughter, merriment and criticism. Screw DF.... AV are the best entertainment eva !

    / Flippant

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