Six video game addiction lawsuits have recently been filed against Microsoft, Activision Blizzard, Roblox, Epic Games, Rockstar Games, and other major game developers and publishers. The lawsuits, all filed in the past 12 months, allege that game developers are intentionally making players addicted to their games.
As part of a motion filed this month to dismiss one of the suitors, an Arkansas woman and her son, the targeted game developers called the lawsuit “a video game creator's First Amendment right.” “It's an attack on the rights of the people in law.”
The Arkansas lawsuit alleges that Roblox, Fortnite, Call of Duty, Minecraft and other popular games used “addictive psychological characteristics” to hook her son from the age of 12. The 21-year-old now spends $350 a month on gaming, has dropped out of school, has been diagnosed with major depressive disorder and “anxiety disorder,” and suffers from “rage, anger, physical outbursts, etc.,” according to the complaint. He said he was experiencing “withdrawal symptoms.” . It also alleges that his mother was unable to regulate her son's gaming because she was “afraid” of his abusive behavior.
The complaint alleges that game developers are defective and negligent in “exploiting the chemical reward systems of users' (particularly minors) brains to cause addictive engagement, compulsive use, and further psychological and physical harm.” He says that design is also responsible. For failing to warn users of the dangers of addiction.
In their motion to dismiss, the developer's lawyers argued that, as established in a 2011 Supreme Court decision, games are a medium of expression, and that determining that expression is “too funny” is a form of speech. They argue that this is not a legitimate reason to restrict freedom. The plaintiffs also say they have not been able to clearly establish which features of each game specifically caused the harm.
The complaint devotes many pages to outlining the alleged addictive nature of each game. While there are some commonly criticized aspects of modern gaming, such as “predatory monetization” and deceptive UI tricks called “dark patterns,” many of the complaints are not normal or positive. Related to possible game aspects.
For example, Call of Duty rewards players for unlocking guns and attachments, which the lawsuit calls “a form of operant conditioning,” and offers “fast-paced play, satisfying graphics, sounds, and other It has been criticized for being characterized by “a rise in dopamine''. . ”Minecraft's multiplayer features are said to “make players addicted to connecting with others in their Minecraft worlds,” and the complaint alleges that players with ADHD “easily become hyperfocused and “You can become obsessed with world-building.” Grand Theft Auto 5 “contains endless activities and challenges designed to keep users engaged and never get bored,” according to the complaint.
The game developers use “sinister” terms such as “feedback loops” and “monetization schemes” in the complaint to attack normal creative features that make their games more engaging and rewarding. He says it is justified.
“It is unacceptable that the plaintiffs feel that the expressions in the game are too convincing, too catchy, or too interesting.” [them] To silence the speech or burden the messenger,” the developers said.
(This quote about “silence and burden” is from a 2011 Supreme Court decision that ruled that drug companies' marketing efforts cannot be restricted because they are “too persuasive.”) Lawyers here I have to imagine you wouldn't want to quote this, which is a victory for the pharmaceutical industry in defending accusations that it manufactures addictive products – just to avoid cynicism. But I think you need to use the given precedent.)
Five of the six addiction lawsuits, including the Arkansas one, were filed by Brock Ward Mason, an Atlanta law firm whose specialty is video game addiction.
“Video game addiction is a serious problem created and perpetuated by a multi-billion industry with a profit incentive to create addicts out of children,” a company representative provided to PC Gamer. said in a statement. “Addiction among children and young people is serious, with gaming taking over their entire lives and having a dramatic negative impact on their health.
“As we continue to investigate this crisis on behalf of the families affected, we will shine a light on this industry, hold these video game companies accountable for the harm they are causing, and protect children in the future. I look forward to making sure we make changes for the better.”
The World Health Organization recognizes video game addiction as a disorder, and the American Psychiatric Association says that while the question of whether video games can be addictive is “still under debate,” “early evidence suggests that video game addiction “This suggests that it is one of the most addictive technologies around.” ”
The Chinese government has restricted the amount of time children can play video games, and in 2021, parents have warned that “gaming addiction among some young people and children is having a serious negative impact on normal learning, daily life, and physical and mental health.'' reported.''
If the Arkansas lawsuit (or any other lawsuit) is not dismissed, each developer is asking that the lawsuit be taken to arbitration. As we all know, there is no TOS agreement on the planet that does not waive the right to sue. Jury trial. Plaintiffs are seeking more time to respond to these latest allegations as they await a decision on whether pretrial proceedings in all six cases will be consolidated.