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.
Hyperbole.
It makes it humorous; otherwise reviews of bad games are just boring.
"just thought it would be fun to bring more hater fan interaction to the forums cause they aren't doing a good enough job themselves."
This post won't bring anymore or less than is already happening on the forums. It will either yield a discussion, or a flame fest. Definitely well aware of what could happen, but I am honestly curious to see what people think...and the only way to get that answer is to ask the question. Silence gains you nothing. Thanks for playing and the bump though.
My 32 day Review of Darkfall...
I did everthing possible and explored nearly 80% of the world. Sieged at least 5 Clanstones, died countless times and quite the game with over 20 sets of armor, 10k gold and a need to seek confession, for being a willing participant to a hoax.
I give Darkfall a 3 our of 10.
Note:
I would give it a 2/10, but the game world itself was impressive, diverse and has alot of detail.
Matter-of-fact, when Darkfall finally has to close it doors another game company will almost assuradly buy the game just for the game world and just make their own characters, interface, combat and spend pennies on the dollar doing it. Offer their game as a Good vs Evil combat server. It will proabably have 15k players and Aventurine will be long forgotten.
That^^ is my review... anyone want to sue me? I will stand by my comments in front of a judge.
"just thought it would be fun to bring more hater fan interaction to the forums cause they aren't doing a good enough job themselves."
This post won't bring anymore or less than is already happening on the forums. It will either yield a discussion, or a flame fest. Definitely well aware of what could happen, but I am honestly curious to see what people think...and the only way to get that answer is to ask the question. Silence gains you nothing. Thanks for playing and the bump though.
My 32 day Review of Darkfall...
I did everthing possible and explored nearly 80% of the world. Sieged at least 5 Clanstones, died countless times and quite the game with over 20 sets of armor, 10k gold and a need to seek confession, for being a willing participant to a hoax.
I give Darkfall a 3 our of 10.
Note:
I would give it a 2/10, but the game world itself was impressive, diverse and has alot of detail.
Matter-of-fact, when Darkfall finally has to close it doors another game company will almost assuradly buy the game just for the game world and just make their own characters, interface, combat and spend pennies on the dollar doing it. Offer their game as a Good vs Evil combat server. It will proabably have 15k players and Aventurine will be long forgotten.
That^^ is my review... anyone want to sue me? I will stand by my comments in front of a judge.
Actually, your review wouldn't meet the elements that were posted for AV to present a viable lawsuit. It's easy, go through the elements from the first post and see if they are there. Your review appears to be fine.
You should elaborate on what you didn't like, as you did participate in many more aspects of the game than the Eurogamer guy. It'd give people a more detailed and factual overview of the game.
Comments
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.
Hyperbole.
It makes it humorous; otherwise reviews of bad games are just boring.
This post won't bring anymore or less than is already happening on the forums. It will either yield a discussion, or a flame fest. Definitely well aware of what could happen, but I am honestly curious to see what people think...and the only way to get that answer is to ask the question. Silence gains you nothing. Thanks for playing and the bump though.
My 32 day Review of Darkfall...
I did everthing possible and explored nearly 80% of the world. Sieged at least 5 Clanstones, died countless times and quite the game with over 20 sets of armor, 10k gold and a need to seek confession, for being a willing participant to a hoax.
I give Darkfall a 3 our of 10.
Note:
I would give it a 2/10, but the game world itself was impressive, diverse and has alot of detail.
Matter-of-fact, when Darkfall finally has to close it doors another game company will almost assuradly buy the game just for the game world and just make their own characters, interface, combat and spend pennies on the dollar doing it. Offer their game as a Good vs Evil combat server. It will proabably have 15k players and Aventurine will be long forgotten.
That^^ is my review... anyone want to sue me? I will stand by my comments in front of a judge.
This post won't bring anymore or less than is already happening on the forums. It will either yield a discussion, or a flame fest. Definitely well aware of what could happen, but I am honestly curious to see what people think...and the only way to get that answer is to ask the question. Silence gains you nothing. Thanks for playing and the bump though.
My 32 day Review of Darkfall...
I did everthing possible and explored nearly 80% of the world. Sieged at least 5 Clanstones, died countless times and quite the game with over 20 sets of armor, 10k gold and a need to seek confession, for being a willing participant to a hoax.
I give Darkfall a 3 our of 10.
Note:
I would give it a 2/10, but the game world itself was impressive, diverse and has alot of detail.
Matter-of-fact, when Darkfall finally has to close it doors another game company will almost assuradly buy the game just for the game world and just make their own characters, interface, combat and spend pennies on the dollar doing it. Offer their game as a Good vs Evil combat server. It will proabably have 15k players and Aventurine will be long forgotten.
That^^ is my review... anyone want to sue me? I will stand by my comments in front of a judge.
Actually, your review wouldn't meet the elements that were posted for AV to present a viable lawsuit. It's easy, go through the elements from the first post and see if they are there. Your review appears to be fine.
You should elaborate on what you didn't like, as you did participate in many more aspects of the game than the Eurogamer guy. It'd give people a more detailed and factual overview of the game.