How could they sue me for damages if they can't prove it?


You can't sue someone merely for breaking a contract unless you can prove that you were adversely affected by the breach of contract.


In civil court, the burden of proof is on the plaintiff.


You're arguing with someone that's pre-law.

<< You can't sue someone merely for breaking a contract unless you can prove that you were adversely affected by the breach of contract. >>


That would depend on what the contracts says wouldn't it? Ever read some of those software EULA's and see what they say in them?


Granted Turbine wouldn't bother to take someone to court, they would just terminate their account with the person.


As for proving a lose of money, well if they are creative there are lots of ways they could do that in a court of law.

 

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a lawyer who breaks rules (laws).


great... how original.

Agreements, not laws.


The state of MA can't arrest me for macroing.


And not everyone in pre-law goes on to law school.

>> << You can't sue someone merely for breaking a contract unless you can prove that you were adversely affected by the breach of contract. >>


>>That would depend on what the contracts says wouldn't it? Ever read some of those software EULA's and see what they say in them?


>> Granted Turbine wouldn't bother to take someone to court, they would just terminate their account with the person.


>> As for proving a lose of money, well if they are creative there are lots of ways they could do that in a court of law.


No. The only penalty available in civil court is damages. Penalty clauses are expressly forbidden under common law, with the exception of liquidated damages clauses where the actual damage is likely to be difficult to assess at the time of breach (among other conditions). However, liquidated damages clauses must reasonably approximate an agreement of actual damages and cannot merely be punitive.


Simply: it's actual damages.

 

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Oh sorry.. a lawyer who breaks agreements with people...


just as bad in my book.


my word is my bond, and if I break my word, what kind of person am I?

One not into bondage obviously =D

lol.. indeed

At least he is honest about it. More than I can say for most lawyers.


Whether, what Quren does is unethical or not he is correct. The most they can do is ban him from the game.


Turbine would need to prove a loss of capital and then that capital would need to be greater than the sum of the legal costs for Turbine to even consider pressing charges.


In the case of a game Quren can argue that even though he is in violation of the COC he is entitled to play the game anyway he see's appropriate up until the time Turbine chooses to ban him. It would be pretty hard to show monitary loss on an online game unless he caused the servers to go down or hacked someones account.


It would be LMAO funny to see a case like this go to court. Most of the lawyers or judges would probably have no clue what the case was about.


~Duri

>> It would be LMAO funny to see a case like this go to court. Most of the lawyers or judges would probably have no clue what the case was about.


So basically it would be a completely average technology-related case

 

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