Addictive Gaming: Gamers Seek Justice for Video Game Harms
Lawsuits accuse video game companies of exploiting human psychology for profit, drawing parallels to the tobacco industry.
The Story:
The video game industry is facing a wave of lawsuits from parents who claim that major gaming companies are intentionally designing their products to be highly addictive, causing serious harm to their children. More than a dozen such lawsuits have been filed over the past two years, targeting industry giants like Microsoft, Nintendo, Sony, Roblox, and Epic Games. The plaintiffs allege that these companies employ the expertise of behavioral psychologists and neuroscientists to engineer games that keep players, particularly minors, engaged for excessive periods of time and compel them to spend substantial sums of money on in-game purchases.
As Tina Bullock, partner at an Atlanta-based law firm Bullock Ward Mason which is representing plaintiffs in over 11 suits, points out, "The fact that this can be in a child's hands 24/7 is shocking. I can't go and buy liquor or anything like that 24/7."
The basis of the argument being made by firms representing clients such as Bullock Ward Mason is that video games are purposely created to make young people and kids play for extended periods and spend a lot of money, sometimes reaching into the hundreds or thousands, with the assistance of experts in psychology and brain science.
The overall atmosphere seems to be favorable for the stance being take with medical research increasingly investigating video games' possible health impact, Organization recognizing "gaming disorder" as a diagnosable illness, and rehabilitation programs focusing on hard-core gamers popping up. The lawsuits cite a range of debilitating consequences experienced by the children, including brain damage, strokes, seizures, psychiatric disorders, attention-deficit/hyperactivity disorder, high blood pressure, emotional distress, and social isolation. Â
One plaintiff Harper Glasscock, a 24-year-old woman, claims the games have caused her "brain damage, cognitive impairment, lost job opportunities and unemployment, depression, anxiety, and withdrawal symptoms."
The suits draw parallels between the game mechanics and the techniques used by casinos, such as the use of intermittent "jackpot" rewards to drive continued play. The plaintiffs argue that the video game industry's business model is predicated on exploiting human psychology and addiction, much like the tactics employed by the tobacco industry decades ago. They contend that the games are not protected as free speech under the First Amendment, and that the companies should be held liable for the harms caused by their products.
While the gaming companies are seeking to have the lawsuits dismissed, the plaintiffs are looking to consolidate the cases into one big, multidistrict case, which could make it logistically simpler for them to prosecute their cause of action. The lawsuits also accuse video game companies of having specialized departments dedicated to building relationships with "whales" (people who spend a lot of money in video games) to ensure they keep playing.
The Entertainment Software Association, representing the video game industry, vehemently disputes these claims. They assert that billions of people worldwide enjoy video games in a healthy, balanced manner, and that the companies prioritize creating positive experiences for their entire player community. The industry also argues that the lawsuits should be dismissed due to user agreements that compel arbitration rather than court proceedings, as well as claims that the games are protected speech.
The lawsuits are benefiting from early rulings in the social media cases that poked holes in the legal shield internet companies have relied on for decades - Section 230 of the Communications Decency Act. However, the lawsuits face challenges, such as the laws governing personal injury suits not keeping up with the technology landscape, and the need to prove that the harms are directly caused using the technologies.
The View:
The onslaught of lawsuits against the video game industry is a long-overdue reckoning for a sector that has brazenly exploited human psychology and addiction for far too long. These companies have clearly prioritized profits over the well-being of their customers, particularly vulnerable young people, and must be held accountable for the devastating consequences of their predatory practices. The parallels to the tobacco industry's tactics are striking and deeply disturbing. Just as cigarette manufacturers concealed the addictive nature of their products and the associated health risks, the video game giants have engineered their games to be as compulsive and habit-forming as possible, with the explicit goal of keeping players hooked and spending money.
The risk for the game publishers is real, as the industry could potentially face hundreds of millions of dollars in damages if the litigation follows the explosive path of the social media lawsuits. The lawsuits argue that the video game companies are intentionally designing their games to be addictive, using tactics like reward systems and patented designs, in order to keep players playing longer and spending more money.
The industry's attempts to dismiss these lawsuits on the grounds of free speech or user agreements are transparently self-serving and devoid of moral integrity. The plaintiffs in these cases have courageously stepped forward to confront the power and influence of these multi-billion-dollar corporations. Their accounts of the catastrophic impact these games have had on their children's physical and mental health are both heartbreaking and infuriating. The industry's blithe dismissal of these claims as "not rooted in fact" is a shameful evasion of responsibility and a clear indication of their disregard for human welfare.
Consolidating these lawsuits into a single, high-profile case is a savvy move that could significantly increase the pressure on the video game companies. While the industry may try to leverage its deep pockets and legal resources to stall or undermine the proceedings, the plaintiffs' lawyers are right to pursue this approach. The stakes are simply too high to allow these corporations to evade accountability through procedural maneuvers or obfuscation.
Ultimately, the outcome of this legal battle will have profound implications not just for the video game industry, but for the broader tech landscape. If the plaintiffs succeed in establishing a precedent that holds these companies liable for the addictive and harmful nature of their products, it could open the floodgates for similar lawsuits against other tech giants exploiting human vulnerabilities for profit. The video game industry's days of unfettered, unquestioned dominance may be numbered, and that prospect should send a chill down the spine of every CEO in the sector.
TLDR:
Video game industry facing a wave of lawsuits from parents over claims of intentionally designing addictive games
Lawsuits allege gaming companies employ behavioral psychologists and neuroscientists to create games that keep players, particularly minors, engaged for excessive periods and compel them to spend money
Plaintiffs argue video game industry's business model is predicated on exploiting human psychology and addiction, similar to tactics used by the tobacco industry
Lawsuits cite a range of debilitating consequences experienced by children, including brain damage, psychiatric disorders, and social isolation
Plaintiffs seek to consolidate cases into a single, high-profile case to increase pressure on video game companies
Industry disputes claims, arguing billions enjoy games in a healthy manner and that the companies prioritize creating positive experiences
Lawsuits face challenges, but benefiting from early rulings in social media cases that have poked holes in legal shield of internet companies
Outcome of legal battle could have profound implications for the broader tech landscape and hold companies accountable for exploiting human vulnerabilities for profit.
Insights From:
Parents Sue Video Game Makers for Purposely Addicting Their Kids - Bloomberg
New slate of lawsuits brings video game addiction to the forefront - Polygon