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Craig Smallwood, a 51-year-old man from Ewa Beach, Hawaii, will have his day in court. U.S. District Judge Alan Kay made sure of it when he dismissed half of Smallwood's eight charges against NCSoft related to alleged videogame addiction, leaving four charges still to be resolved.
According to Hawaii's Star Advisor rag, Smallwood claims he has a tough time bathing and even waking up in the morning because of "phenomena of psychological dependence and addiction" to the game "Lineage II." Smallwood further alleges that the game caused "extreme and serious emotional distress and depression."
None of us here have a degree in medicine, but it seems like Smallwood could have avoided these claimed ailments by spending a little less time plugged into Lineage II's network. Naturally, the plaintiff disagrees.
"NCSoft is a discretionary and discriminatory in its applications of the rules," Smallwood said in his original October complaint. "Often they will allow certain players to break rules ... while they enforce these rules on others."
The Judge threw out claims of misrepresentation/deceit, unfair and deceptive trade practices, intentional infliction of emotional distress, and punitive damages. The charges that remain include defamation, negligence, gross negligence, and negligent infliction of emotional distress.
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