Another purpose for a lawsuit is to financially bleed out the other party. This is a very common tactic to shut down a company in the corporate world. Who has more money, wins.
Activision is a multi billion dollar company. They are generating millions of dollars daily. They have all the time, money and resources. They can drag this lawsuit for as long as they please without hurting their bank but sooner or later, EO will bleed dry.
In a financial standpoint of view, it is totally not worth it for EO.
Imagine making millions on their WZ cheats since release only to burn it all away on this lawsuit.
No law firm will go up against a multi billion dollar company without charging extraordinary amount of money.
Then again its already a full on lawsuit, not a C&D so even if EO choose to back out, Activision will not show any mercy and will fuck them up with damages and claims (legal fees etc)
If EO choose to fight this lawsuit, they will more than likely to bleed financially and Im sure their share holders, owners will not be very happy. Thats potentially many years worth of profit all going down the drain all because of one game and all because of one arrogant idiot on twitter.
Either way EO is fucked.
Thats for trolling activision and thinking they are untouchable.
They should have just kept a low profile and oblige to the CnD long time ago.
Funny thing is, how did the Plaintiff (Activision) got the names/details of all the defendants (owners of EO?)
Must be a whistle blower.
Quote:
Originally Posted by S4boost
Ish... if activision alleges that EO committed crimes in US, it will fall to EO to prove the crimes were NOT committed in US which would create a jurisdictional issue.
The issue they'll run into is that you enter into contract with activision when you play the game, and EO has violated that contract. Activision will claim that crime was committed against the org based in CA, EO will argue the crime was committed in Germany.
I'm not an atty either but took some law courses for a JD.
For context, here's the terms. It clearly defines the contract, location of arbitration, acceptable and unacceptable uses, and that they can change it whenever they want. This be used as evidence to show the court the EO broke the contract with ATVI and the law by damaging their operations. It won't be difficult to prove the damages.
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This is a civil proceedings, not a criminal. They are obviously suing for damages. Damages that have been done to their game through their cheats. Is like you build a house and someone comes in and break everything inside. There are damages to be claimed.
For example,
Because of EO, Activision lost hundreds of millions of dollars because players are quitting the game due to the cheaters.
Of course EO can argue that there are many other cheat providers and how does their cheat specifically impacted their sales.
Then Activision can get a court order to subpoena EO's sales/customer record to see exactly how many cheats were downloaded and based on that record, claim damages.