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EA to Lawyer: UO Lawsuit a Bad Idea
EA to Lawyer: UO Lawsuit a Bad Idea-April 2024
Apr 20, 2025 10:15 AM

  In a letter obtained by GameSpot News - written by Electronics Arts senior vice president and general counsel Ruth A. Kennedy and sent to the attorney representing 15 gamers seeking damages from alleged shortcomings in EA's Ultima Online - EA attempts to make the point that the class action suit is bad for gamers and bad for businesses making computer games in general.

  While the letter does admit to “numerous issues…which may have affected performance early in the game's history,” it seeks to first, establish EA and Origin as companies that “place a high premium on quality assurance and customer service;” second, to make clear to attorney George Schultz that this class action suit will have a detrimental effect on the development of games like Ultima Online; and third, that his suit suffers from numerous shortcomings which compromise the legal weight of his complaint.

  “Ultima Online is a revolutionary product. The sheer size and complexity of the game alone is unmatched in the industry. Electronic Arts and ORIGIN went through extensive 'alpha' testing and two rounds of 'beta' testing before releasing the product in September 1997. However, even with this extensive testing, numerous issues arose which may have affected performance early in the game's history,” the letter (dated April 15, 1998) states.

  The letter than addresses, “(1) the internet 'brown outs' in the fall 1997 over which ORIGIN had no control; (2) unanticipated behavior by game players such as the 'duping' of objects and the exploitation of loopholes that needed to be closed; and (3) higher than anticipated player traffic.”

  EA's Kennedy informs attorney George Schultz that his lawsuit will only result in games that are more expensive and will also distract game companies from maintaining games properly.

  “This can only reduce the amount of efforts that will be spent on producing the games that the putative class members see in the future. Indeed, your proposed ‘class action' will serve only to divert tens of thousands of dollars and a huge amount of company time to legal fees and litigation matters – time which could be better spent providing further maintenance and enhancements to the game.”

  The letter also points out to Schultz that certain portions of the lawsuit contain “allegations …insufficiently particular, you do not state specifically what relief you seek.”

  The letter reads as if it may be an attempt to convince Schultz to reconsider the lawsuit – for the benefit of the gamers.

  “our letter and lawsuit promise to make situations worse, not better, for gamers. When companies like Electronic Arts and ORIGIN put so much time and effort into creating an exciting new on-line game – and then are sued for their efforts by users who nevertheless continue to play extensively – it raises the actual and anticipated costs for any company considering whether to provide a similar game.”

  Schultz told GameSpot News today, "No, we are not going to lay down because of a silly letter."

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