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Thread: Reluctantly Building a Lawsuit against DoTA2 Mute. (Discuss/Collaborate)

  1. #11
    Basic Member Meiun's Avatar
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    Quote Originally Posted by PartialShade View Post
    I don't have sufficient knowledge on the cyber-bullying cases, but as far as the conventional (real life) emotional damage claims go, it's hard to prove them. The traditional rule is that one cannot recover contract damages for pain and suffering and other psychic losses resulting from the breach: e. g., funeral home breaches contract by losing grandfather's casket; telegraph company mis-delivers message; school reports to your parents by mistake that you have been killed. Courts usually refuse to award contract damages for such emotional distress.

    You can't get emotional distress claims for ordinary breach of commercial contract, building a house, etc. Idea: should not fly into emotional distress here; rather, can mitigate by covering or reselling, avoids loss and emotional distress; also, idea is that some emotional distress is just part of doing business. In your case: you have paid for goods (cosmetics), but since you can't get the full benefits from them, you should resell them on the market.

    Should you go to court (example): We can let the jury place a value on the emotional distress. So in grandfather case, you testify about how dear grandfather was to you, how upset you are, etc.; defense puts on evidence that you never cared for the "old geezer" --as you used to refer to him, as they make you admit on cross-examination.

    You can see that Valve's defence can easily go for your "track record". They'll pull all the chat logs from your games and if you happen to have said one word, that is hinting towards racism, xenophobia or homophobia in your games, you can kiss your case good bye.

    Anyway, good luck with your legal doings with Valve Corporation. I hope you keep us updated, because it is really interesting to see, how will the things unravel.
    already went over all those eventualities in consultation with my solicitor.

    that's really quite fine, not much in my track record and if there is something its from over a year ago before the system was in place. in the case of the track record they'd have to show that in the case of my mute it resulted from something i said since the system has been in place. possible but not likely.
    beyond that the case as the solicitor was stating depends more on their facilitation of abuse and harassment via the mute ban system and the devblog statements and really depends on their refusal to do anything about it. also added on is the severe impact even legitimate use of the mute system has on both individuals and the games they join.
    value placed on the game and potential for emotional damage over inability to be able to access it and need to move over 600 items of which 2/3 arent marketable is quite easy to demonstrate given the high level of investment and wouldn't be hard to demonstrate strong attachment to some of them. not ashamed to say that there's a very few cosmetics i love as much as my pets.
    emotional distress is not a hard thing to demonstrate over a dota game, harder to demonstrate emotional damages subsequent to the system valve put in place. easy in the extreme to demonstrate cyberbullying and harassment in general and continual harassment via text abuse, voice abuse and now report abuse.
    demonstrating that the ban system can be easily exploited to harass others is not hard either with how plentiful dota2 invites are and how easy it is to make a throw away steam account, others are already researching how it works.

    right now they haven't had time to do anything about it or respond so there's no case, its just proactively building one. my solicitor advised to basically go through each step and escalate to the next one should no resolution be reached and that seems both cost effective when it comes to retaining a solicitors services and rational when it comes to finding a resolution. ill be posting CC: correspondences or paperwork as i am able and as the situation evolves assuming that valve does nothing and it has a reason to escalate at all.
    Last edited by Meiun; 06-06-2013 at 02:04 AM.

  2. #12
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    This is my problem.
    1. I'm getting a week-mute constantly.
    2. I don't know what exactly kind of disruptive or what violation I'm doing. [I use words like f*ck, or sh*t, etc. but really do I get banned from muting just by saying that ? I don't use it frequently]
    3. By no communication I really can't tell my team what to do. Get so frustrated. The best I can do is winning early. Mid game, I can't communicate well.
    For example : I need them to go clash at bottom lane. I pinged once. And of course, who would pay attention to such a minor ping. So I end up being a solo player, which most of the time, will ruin the game.

    Oh boy, such a good playing experience I'm having in dota 2. =D.

  3. #13
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    It's a priviledge, not a right to play dota2. This is why they can mute you just as you can ban someone out of a store because threatening people / being rude.

  4. #14
    Basic Member Meiun's Avatar
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    Quote Originally Posted by Tublerone View Post
    It's a priviledge, not a right to play dota2. This is why they can mute you just as you can ban someone out of a store because threatening people / being rude.
    its a right to not be abused at the behest of other players. its a right to not have a game company sell me things then prevent me from using them because they're too busy harassing me on the behalf of ragers and trash talkers who hate me for who i am and what i pick instead of what i say. ive been reported because ive said 'buddhas compassion' before mute ban came out. being reported for a simple interjection that shows my religion and other people hating me for who i am and then getting banned even though i am the vicitim of prejudice is not their right.

    you have no right to facilitate peoples racism, sexism, xenophobia etc and you have no right to set up a system that, while it has legitimate uses, does just that as well. not in your house, not on your servers, not at your company, nowhere.

    beyond that you have no right to help the guy i had to block on steam to get to leave me alone over picking pl one fucking time to get his friends to report me every game they see me and look for me in lobbies to report me. thats harassment plain and simple and its against the law, you have no right to help someone break the law- not even in your own game on your own servers.

    just so you understand the rights i have and the rights valve DOESNT have. its not even a privilege to refuse to reform a system you're making that allows others to actively harm my ability to play over things that are protected in most civilized countries like right to my religion, right to not be discriminated against based on my race, right to not have people shit talk me on my gender or sex and etc. and its especially not a privlege to turn a blind eye to it as 'collateral damage'

    its also a right to not have to constantly hide who i am and exist in a state of terror over mute ban because of it every time i enter dota2 or any establishment in a civilized country where those things are protected. PL picking is just a relatively tame example of the beyond stupid things im reported for on a consistent basis.

    im not even black and there was, in the last month, someone who said in voice chat that they know im black and they hate blacks and that they reported me for it. could be joking, but still a beyond random report from someone being kind of racist.
    Last edited by Meiun; 06-06-2013 at 02:33 AM.

  5. #15
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    you dont have to play the game. every game has flamers and gamers just have to life with it. the situation is easy avoidable by just not playing.
    you cant sue Valve for something like this.

    but i would like to see you try, ( even if i think the mute system works just fine ) . will be hilarious

  6. #16
    Basic Member Shmendrich's Avatar
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    Quote Originally Posted by Tublerone View Post
    It's a priviledge, not a right to play dota2. This is why they can mute you just as you can ban someone out of a store because threatening people / being rude.
    Actually its a right when you pay for it (And that includes buying items)

    and valve is taking that away without proof of bad behaviour, and not even guidelines or rules to follow not to be muted
    Last edited by Shmendrich; 06-06-2013 at 03:16 AM.
    Make a NON automated report system.
    I would rather wait 10 minutes for a balanced, fun and exciting match that will last 1+ hours. Than wait 10 seconds for a poorly balanced crapmatch that will end in 30- minutes
    Valve, How I'm I supposed to respect certain boundaries to prevent a mute if I dont know them because they are different for each and every person on each and every game I play?
    The only type of player that dislikes having his stats public are the players that suck and cheaters

  7. #17
    Basic Member xaos's Avatar
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    Quote Originally Posted by Shmendrich View Post
    Actually its a right when you pay for it

    and valve is taking that away without proof of bad behaviour, and not even guidelines or rules to follow not to be muted
    Amen.
    Replace the mute system with a positive reinforcement system

  8. #18
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    Quote Originally Posted by xaos View Post
    Amen.
    Absolutely Amen.

  9. #19
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    Well, this was an entertaining read .

  10. #20
    Basic Member shideneyu's Avatar
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    I'm for the mute system, valve is doing right.

    Only the fool abusing the system are getting muted, and if they are muted for unfair reasons, stuff that may happen in low occurences, they just got to wait untill this mute is removed, and it should not happen again if they don't flame.


    Valve gave you the right to communicate, it is not something given, this is a functionnalty. If they decide to remove this characteristics to some people, for whatever reason, this is their right.

    Dota2 IS FREE. Don't argue on that, this OP is mad !

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