Howdy, Stranger!
It looks like you're new here. If you want to get involved, click one of these buttons!
Quick Links
Will Funcom sue for defamation?
_Shadowmage
Member Posts: 1,459
Yeah I'm sure that the average everyday forum reader will take your opinion to heart, considering your name itself just reeks of bias. And the fact that you joined today and have done nothing but spam the same crap in every thread.
Originally posted by ILOVEFUNCOM
Originally posted by Mrbloodworth
Originally posted by Slythe
Originally posted by ILOVEFUNCOM No im just disgusted by anti-FUNCOM statements considering how great of a game it is considering how long it has been out.
I am quite sure hes just one of the "Failcom" avatar loosers. It will get sorted out.
Actually you people are lucky no one sues you for using FUNCOMs name that way you are attacking their intellectual property consider yourself lucky that mmorpg.com does not report you to the authorities.
I think not. In order for Funcom to sue they would have to prove that the people using the Failcom avatars were lying about what a crap job they are doing.
If anything Funcom are lucky they haven't been slapped with a class action law suit over the false advertising on their game boxes and failure to deliver the service customers are paying for.
Comments
Even then, I don't think they would have much of a case. I am not a lawyer, but I'm pretty sure the "FailCom" logo would fall under parody.
Maybe someone who is a lawyer can let us know, I'm curious as well. I think if you, say, ran an ad on television that called Funcom "Failcom" you might get slued for slander. I have no idea about the internet though.
they probably can, but they most likely won't. these things cost money; unless they are 100% guaranteed to win, they're just wasting their money that can be used to improve their game. also imagine how they would look if they loose
Yeah I agree. I think if it was in a public place, like a newspaper or on TV, then I could see them getting worked up about it. An avatar on a private forum, though? It's just harmless fun, and suing people over it would just be an exercise in futility.
Besides, who exactly would they sue? The legions of semi-anonymous forum trolls? That would be fun to watch.
Unless they proved somehow people are lying, there's no case. Technically people who rock those avatars aren't so they have no reason to worry.
For every minute you are angry , you lose 60 seconds of happiness."-Emerson
Could they sue? Sure. You can sue anyone for anything (at least in the US). As a friend used to say "You could sue a ham sandwich".
Would they have a good case?
That's the real question.
Personally, I don't believe a handful of avatars on a message forum is going to qualify as defamation.
and the cash shop selling asphalt..." - Mimzel on F2P/Cash Shops
Even if they could make a case, I doubt they would actually go through with it. A game company that sues their users? With the all the negativity they are receiving from the gamming community, doing such acts will just worsen their relations with the players and sever off the last few ties to the market they have left. Not to mention, such a scenario will cause a media frenzy and reveal more of the ‘truth’ of what AoC and FC is actually like ? . . . . but then again, it is FC were talking about :P
First off, it would be Libel, not slander.
Second they'd have to prove both it was a lie and that it was malicious.
Neither of which they could do.
Ah dammit, I broke my "no more than one stupid "Lol" per post rule....
It would be rather difficult for a company to have a class action law suit started in the United States. First of all, it's not profitable to the lawers that would hear the case. In a class action, there are strict limitations on damages and generally, the collective sum is less than the amount that the company got away with in the first place. Simply because it is up to each subscriber to participate in that type of a lawsuit.
Also, regardless of what you "think" is right or wrong, the court system has a completely different viewpoint that can change depending on the judge or panel hearing the case. It would be a long battle that ultimately, 60% of the winnings would be used to cover court costs, case costs and retainer fees. You would be lucky to get $10 back for your $50 purchase and that is if they loose. Not to mention that since it would be over the original product purchase, if you wanted to keep your account you couldn't participate.
... Now on the other hand... defamation is not entirely misplaced. Defimation is not lieing. It's when a company (or someone) has a measurable loss due to misrepresentation of facts. So, yes, it is possible that if FunCom got anoyed enough, they could threaten someone with a lawsuit.
More likely though, FunCom would suggest people remove the FailCom logo as the brand itself is trademarked and trademark infringement is easier to pursue. .... and before anyone says "but it's a parody"... no it's not. The purpose of the FailCom logo was to inform existing and new players of the "horrors of FunCom". It's purpose wasn't for humor - it was to sway people away from the game.
Personally, I didn't like the game past Tortage. I didn't have most of the hardware issues that people faced because I keep my rig lean and my hardware is only 2 years old. If people like it, then that's great. If people don't ... then that's great too! But just for the same reason why a lot of people don't want to hear the same fanboy preaching how great his game is (*coughdarkfallcough*) - we don't want to keep hearing the same people preaching how FunCom failed so miserably.
Yes, but if their intent could be proven as for humor only, then they are parodies and do not defame a product. In fact, I bet the New York F'ning City shirt is made in New York. Why? Because people think it's hilarious. They love it.
If they wanted to pursue it (which I doubt it) - they would go after the forums and websites themselves simply to have the avatars removed. They wouldn't actually do anything unless a website refused to take it down. And if that happened, they would just have a judge place an injuction on the website to remove it or their ISP would be forced to pull the plug. So, when people say "sue" there are several different meanings. Not all involving money.
At this point I doubt they consider you a user.
No they're not going to sue. I doubt they could get the subpoena in the US to even find out who these people are.
Yes, that is true that I’m not exactly a user anymore, my bad on hastily typing on that part. But I am a new ‘potential user’ for FC, along with all the others who dropped out of AoC and those who never used a FC product. And if FC sues the ‘potential consumers’ they are losing respect from a whole lot more than just those who got sued. And I don’t think FC is going to do much by just keeping the existing user base only. They need to reach out to new people and bring them in.
Yes, but if their intent could be proven as for humor only, then they are parodies and do not defame a product. In fact, I bet the New York F'ning City shirt is made in New York. Why? Because people think it's hilarious. They love it.
If they wanted to pursue it (which I doubt it) - they would go after the forums and websites themselves simply to have the avatars removed. They wouldn't actually do anything unless a website refused to take it down. And if that happened, they would just have a judge place an injuction on the website to remove it or their ISP would be forced to pull the plug. So, when people say "sue" there are several different meanings. Not all involving money.
Interesting, I see your point. Would it be worth a company's time to try and bring litigation against who-knows-how-many websites though? The cost would not be recouped if all they managed was to censor some interwebz sites right?Even if Funcom would like to sue the avatar user, how should a norwegian company force for example a german ISP to give them my real name/adress for posting on a US site?
Funcom Sue for defamation, that would be hilarious. I'm surprised Funcom hasnt been sued for false advertising, overbilling etc.
The logo is trademarked and therefore any changes or copying to a minor degree is still the same as its illegal to buy Disney t-shirts not made by Disney.
I was in graphic design and printing business a few years back, something like this will be about:
logos and trademarks, as well as other marks, trade names, are the properties of their Funcom. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
With the avatars in question being the subject then how closely do they look to the FC logo?
To be honest, I don't think Funcom really cares about the half a dozen people with them. For me whats the point of taking someones strong opinion seriously when there is name calling involved. It not as if the the "ban the bomb" logo now is it.
Yes, but if their intent could be proven as for humor only, then they are parodies and do not defame a product. In fact, I bet the New York F'ning City shirt is made in New York. Why? Because people think it's hilarious. They love it.
If they wanted to pursue it (which I doubt it) - they would go after the forums and websites themselves simply to have the avatars removed. They wouldn't actually do anything unless a website refused to take it down. And if that happened, they would just have a judge place an injuction on the website to remove it or their ISP would be forced to pull the plug. So, when people say "sue" there are several different meanings. Not all involving money.
Interesting, I see your point. Would it be worth a company's time to try and bring litigation against who-knows-how-many websites though? The cost would not be recouped if all they managed was to censor some interwebz sites right?Nah. They would just go after the major sites that seem to be the loudest. The smaller websites are too insignifigant to care about. Besides, it only takes one or two "examples" to be made and then most of the larger webites follow suit just to avoid any situation.
It's kind of like that 12 year old girl that was fined $10k a couple of years ago in the US for downloading MP3s. In reality, it had nothing to do with her. They were making an example to scare all of the other 12 year kids thinking that they can get away with anything because they are a kid.
You guys are taking ILOVEFUNCON seriously, right?
Just checking...
Erhm... so WHO exactly can they sue?
Even if they do, what a good laugh they would make out of themselves
Extremely bad word of mouth, an undoubted nerd-rage internet campaign, and lawyer bills. For what? To stop some people on an internet forum using a parody of thier company name?
Oh, and no, no one could take ILOVEFUNCOM seriously, lol
It's merely parody, and not for commercial or competitive gain. It is incredible how small and meaningless some people's worlds are.
FUncom should be suing themselves for defamation
Currently Playing: Metal Gear Online, Call of Duty 4, Grand Theft Auto 4, Oblivion. (Taking a break from MMO's)
Will I sue for defamation?
There is already precedent of Funcom not only knowing of, but approving of, the Failcom logo. Otherwise, this would never have happened:
Dont forget the obvious reason that Funcom cannot sue anyone using the Failcon avatar......There is no way in hell that they can actually prove that the person who created the account and avatar is actually who he claims to be. I can go to a friends house and create a forum account using my friends name and email address and post what ever I want. Does that make my friend responsible? No. Short of myself outright confessing in person there is no realistic way that Funcom can prove that I( and not someone else using my information) am being malicious.