Smallwood v. NCSoft Corp.

730 F. Supp. 2d 1213 (2010)

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Smallwood v. NCSoft Corp.

United States District Court for the District of Hawaii
730 F. Supp. 2d 1213 (2010)

  • Written by Tammy Boggs, JD

Facts

NCSoft Corp. and a related entity (together, NCSoft) (defendants) produced a computer game played over the internet called Lineage II. Craig Smallwood (plaintiff) alleged in a complaint against NCSoft that Smallwood had played the game between 2004 and 2009 and experienced psychological dependence and addiction to the game, like other users. NCSoft was allegedly aware of the risk of addiction but never warned anyone about the risk or how to safely play the game. Indeed, to increase its profits, NCSoft allegedly locked Smallwood out of Lineage II in 2009 even though Smallwood had paid for account access to get him to purchase a license to play NCSoft’s newer game, Aion. Smallwood’s addiction to Lineage II continued, and having been locked out, he experienced withdrawal symptoms. Smallwood suffered from depression, became psychologically distressed, and had trouble in independently engaging in daily activities like getting dressed and bathing. Smallwood was hospitalized at one point and, at the time of filing his complaint, was attending therapy three times a week. Smallwood’s complaint alleged various causes of action, including negligence, gross negligence, and negligent infliction of emotional distress. NCSoft filed a motion to dismiss the complaint for failure to state a claim.

Rule of Law

Issue

Holding and Reasoning (Kay, J.)

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