An Update


Adar_ICT

 

Posted

Quote:
Originally Posted by Starsman View Post
Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud.

The fact that he won the civil case pretty much makes them guilty of fraud at the civil level. Does not mean it's an automatic criminal win (no one goes to jail) but they ended up being guilty of it at a level where they had to compensate the affected party (Garriot.)

Not sure if they used the word “fraud” in the case, but even if the word was not used in the civil case you have to ignore the meaning of the word and the reason of the lawsuit to say NCSoft was not guilty of civil fraud.

In the United States, common law recognizes nine elements constituting fraud:
1. a representation of an existing fact (he was claimed to quit)
2. its materiality (he lost his job, had to execute options way too early)
3. its falsity (he didn’t quit)
4. the speaker's knowledge of its falsity (they knew he did not quit)
5. the speaker's intent that it shall be acted upon by the plaintiff (deprive him of his options)
6. the plaintiff's ignorance of its falsity (here is where the PR letter comes into place, it was just for PR but NCSoft used it as a resignation letter)
7. the plaintiff's reliance on the truth of the representation (don’t know enough of the case, guess the fact that he simply never quit in any way?)
8. the plaintiff's right to rely upon it; and (don’t know enough of the case nor legal system to know how this fit, but I guess “his right” is the fact that it was the truth.)
9. consequent damages suffered by the plaintiff (lots of millions of dollars lost)

Seeing as I know you commented on the documents that were presented.

I have to ask why are you misrepresenting the matter ?
or Did you comment without actually reading them ?


 

Posted

Quote:
Originally Posted by Scarlet Shocker View Post
And yet this game has a whole island of it!
Oh, well played, Scarlet Shocker. Well played. *steeple fingers*


 

Posted

Quote:
Originally Posted by Scarlet Shocker View Post
And yet this game has a whole island of it!
But I never found any there! The Arachnos Travel Brochure lied to me!


Blood Widow Ricki * Tide Shifter * T-34 * Opposite Reaction * Shaolin Midnight * ChernobylCheerleader

 

Posted

Quote:
Originally Posted by Another_Fan View Post
Seeing as I know you commented on the documents that were presented.
I have to ask why are you misrepresenting the matter ?
or Did you comment without actually reading them ?
I was not commenting on the court documents or the specific case, but the point that "Losing a civil lawsuit doesn't make you guilty of fraud." (and technically you can be guilty of civil fraud without being guilty of criminal fraud, although I doubt that's the legalese speak for it.)

I think I noted twice in that post that I don't know enough about the case. I have read in various places that they took his community letter as a form of resignation, though, and that his lawsuit was over lost money due to having to execute or sell stock at a lower price than he otherwise would.

My list above is not a comment but taken from what is evaluated for US to consider if something is fraud and, with the bit I know of the case, see if it would have fit. If I'm wrong enough to make those things don’t fit (under US law) then feel free to correct me.


 

Posted

Quote:
Originally Posted by SpyralPegacyon View Post
But I never found any there! The Arachnos Travel Brochure lied to me!
It was just the creative use of camera angles to make it look more merciful than it really is.

Kinda like when you find out that South Fork Ranch is wedged in between a Party City on one side and a Quick Lube on the other.


 

Posted

Quote:
Originally Posted by Starsman View Post
I was not commenting on the court documents or the specific case, but the point that "Losing a civil lawsuit doesn't make you guilty of fraud." (and technically you can be guilty of civil fraud without being guilty of criminal fraud, although I doubt that's the legalese speak for it.)

I think I noted twice in that post that I don't know enough about the case. I have read in various places that they took his community letter as a form of resignation, though, and that his lawsuit was over lost money due to having to execute or sell stock at a lower price than he otherwise would.

My list above is not a comment but taken from what is evaluated for US to consider if something is fraud and, with the bit I know of the case, see if it would have fit. If I'm wrong enough to make those things don’t fit (under US law) then feel free to correct me.
So in other words you were trying to split hairs so people could remain comfortable slandering NCsoft.

You know I don't like NCsoft either I just don't feel the need to lie about why


 

Posted

Quote:
Originally Posted by Another_Fan View Post
So in other words you were trying to split hairs so people could remain comfortable slandering NCsoft.
No, just correcting a blantly wrong statement

I don't think ANYONE needs more reasons to hate NCSoft. Garriot being defrauded or not is something that should only anger him and his family (maybe some close friends.) Tabula Rasa dying due to that whole thing MAY be something for some people to hate NCSoft but people already likely held that grudge with or without a verdict.

In the same way, anyone that loves NCSoft and defends them will not stop because something they did to some exec that designed an over budgeted failed game.

However, your statement was not even about the case, it was a blanket statement that, from all I know, is wrong since you can be found.

The entire thing is like presidential elections one week before election day: everyone has their minds made up already and there is no changing that. Does not mean we can't discuss side or related topics.

Quote:
You know I don't like NCsoft either I just don't feel the need to lie about why
But you for some crazy reason either are making up some stuff on the side to bash those that are expressing their anger, or bash others just because (like your statements about certain poster being a paid chill, or anyone defending certain position being a fanboy) or deny Positron’s own statements that the studio was profitable. (We may not know a number as to how profitable it was, but it WAS profitable.)


 

Posted

Quote:
Originally Posted by Another_Fan View Post
So in other words you were trying to split hairs so people could remain comfortable slandering NCsoft.

You know I don't like NCsoft either I just don't feel the need to lie about why
For me, Starsman's comments were more supposition and not facts about the Garriot case. I believe he was stating "here's how it could apply", not as "this is how it does/did apply". How does that translate into lying?


Throwing darts at the board to see if something sticks.....

Come show your resolve and fight my brute!
Tanks: Gauntlet, the streak breaker and you!
Quote:
Originally Posted by PapaSlade
Rangle's right....this is fun.

 

Posted

Certain people are attempting a rather impotent smear campaign against other players/forumites. Fortunately, it is entirely transparent... but arguing/discussing/debating with them won't accomplish much of anything.

Not telling anyone not to reply to them... just suggesting it.


@Zethustra
"Now at midnight all the agents and the superhuman crew come out
and round up everyone that knows more than they do"
-Dylan

 

Posted

If someone bought the game, wouldn't it just be better to have everyone start from scratch, if it's shut down for a good length of time?

That way new players can come in and level up with the masses who are now leveling up?


BrandX Future Staff Fighter
The BrandX Collection

 

Posted

Quote:
Originally Posted by Another_Fan View Post
Just how much were you paid to astroturf ? I mean it's not like the scoring system did much of anything about custom critters in AE (Looks at all the s/l and fire characters that were made)
Colour me ignorant, but what the hell does 'astroturf' mean in that context?

(My only frame of reference is it being an actual object that's used on a football field to artificially make it green, uniform, and playable-on.)

Michelle
aka
Samuraiko/Dark_Respite


Dark_Respite's Farewell Video: "One Last Day"
THE COURSE OF SUPERHERO ROMANCE CONTINUES!
Book I: A Tale of Nerd Flirting! ~*~ Book II: Courtship and Crime Fighting - Chap Nine live!
MA Arcs - 3430: Hell Hath No Fury / 3515: Positron Gets Some / 6600: Dyne of the Times / 351572: For All the Wrong Reasons
378944: Too Clever by Half / 459581: Kill or Cure / 551680: Clerical Errors (NEW!)

 

Posted

Quote:
Originally Posted by BrandX View Post
If someone bought the game, wouldn't it just be better to have everyone start from scratch, if it's shut down for a good length of time?

That way new players can come in and level up with the masses who are now leveling up?
Should the game be revived, I'd just be happy if I could retain my goofy Global Handle. Characters can be recreated. I have altitis anyway.


Throwing darts at the board to see if something sticks.....

Come show your resolve and fight my brute!
Tanks: Gauntlet, the streak breaker and you!
Quote:
Originally Posted by PapaSlade
Rangle's right....this is fun.

 

Posted

Quote:
Originally Posted by BrandX View Post
If someone bought the game, wouldn't it just be better to have everyone start from scratch, if it's shut down for a good length of time?
That way new players can come in and level up with the masses who are now leveling up?
If the plug is flipped, the game goes dark and it is acquired (doubt it), I would rather they take a bit of time before bringing it back up and address a few things they would not be able to do otherwise.

Removing naming exclusivity is something I would love to see (I know about half the forum population is against the is but I think the split is not as big in-game) and potentially eliminating the idea of separate servers. Somehow cramping everyone in the same server with zone instantiating would go a HUGE way towards making the teaming experience at all levels much friendlier, but it’s something you can only pull off if you reset.

They may be able to redefine the core of the game without huge revamping. Getting rid of ATs is an example, just making you pick a primary attack and a secondary utility set, accompanied with an inherent power that also defines your "modifiers" in similar fashion to what we have now. This is another thing that can only be viable with a reset.
How to make Range/Armor balanced against Melee/Armor? My “quickly” idea would be all melee attacks boost your armor while your ranged attack lower your armor. There are many other ways, but not easy ones to push into the current game system.


 

Posted

Quote:
Originally Posted by Dark_Respite View Post
Colour me ignorant, but what the hell does 'astroturf' mean in that context?

(My only frame of reference is it being an actual object that's used on a football field to artificially make it green, uniform, and playable-on.)

Michelle
aka
Samuraiko/Dark_Respite
Being paid to browse the web and post positive feedback or dismiss negative coverage about your employer and/or his products.


 

Posted

Quote:
Originally Posted by Dark_Respite View Post
Colour me ignorant, but what the hell does 'astroturf' mean in that context?

(My only frame of reference is it being an actual object that's used on a football field to artificially make it green, uniform, and playable-on.)

Michelle
aka
Samuraiko/Dark_Respite

A quick websearch showed up this Wiki page: http://en.wikipedia.org/wiki/Astroturfing

Quote:
Astroturfing refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant. Astroturfing is intended to give the statements the credibility of an independent entity by withholding information about the source's financial connection. The term is a derivation of AstroTurf, a brand of synthetic carpeting designed to look like natural grass.
Astroturfers use software to mask their identity. Sometimes one individual operates over seventy personas to give the impression of widespread support for their client's agenda. Some studies suggest astroturfing can alter public viewpoints and create enough doubt to inhibit action.


Throwing darts at the board to see if something sticks.....

Come show your resolve and fight my brute!
Tanks: Gauntlet, the streak breaker and you!
Quote:
Originally Posted by PapaSlade
Rangle's right....this is fun.

 

Posted

Quote:
Originally Posted by Starsman View Post
Being paid to browse the web and post positive feedback or dismiss negative coverage about your employer and/or his products.
Quote:
Originally Posted by Rangle M. Down View Post
A quick websearch showed up this Wiki page: http://en.wikipedia.org/wiki/Astroturfing
Uh-HUH. Okaaaayyyy...

Michelle
aka
Samuraiko/Dark_Respite


Dark_Respite's Farewell Video: "One Last Day"
THE COURSE OF SUPERHERO ROMANCE CONTINUES!
Book I: A Tale of Nerd Flirting! ~*~ Book II: Courtship and Crime Fighting - Chap Nine live!
MA Arcs - 3430: Hell Hath No Fury / 3515: Positron Gets Some / 6600: Dyne of the Times / 351572: For All the Wrong Reasons
378944: Too Clever by Half / 459581: Kill or Cure / 551680: Clerical Errors (NEW!)

 

Posted

Quote:
Originally Posted by Dark_Respite View Post
Uh-HUH. Okaaaayyyy...
Basically an insult several steps above "Fanboi" with an "i" (that in turn is a step above "Fanboy" with a "y")

Quote:
Originally Posted by Rangle M. Down View Post
Yeah. I hadn't seen the slang Astroturfing applied before either.
I used to spend some time in Slashdot, every time anyone talked good about Microsoft or Google you would see the words Astrosurfer and shill, specially if it happened to be one of the first few posts in the article. If you manage to be the first post in a thread and also happen to talk well about the company, you got to be paid to be refreshing websites all day.

If you however manage to be the first post and troll them with a 5000 word copy-pasted rant, you are just another guy in the pack. (Unless you insult their Google, with Google the logic goes the other way around.)


 

Posted

Quote:
Originally Posted by Starsman View Post
Removing naming exclusivity is something I would love to see (I know about half the forum population is against the is but I think the split is not as big in-game) and potentially eliminating the idea of separate servers. Somehow cramping everyone in the same server with zone instantiating would go a HUGE way towards making the teaming experience at all levels much friendlier, but it’s something you can only pull off if you reset.
I think to this point, you're making a lot of sense.

Quote:
They may be able to redefine the core of the game without huge revamping. Getting rid of ATs is an example, just making you pick a primary attack and a secondary utility set, accompanied with an inherent power that also defines your "modifiers" in similar fashion to what we have now. This is another thing that can only be viable with a reset.
How to make Range/Armor balanced against Melee/Armor? My “quickly” idea would be all melee attacks boost your armor while your ranged attack lower your armor. There are many other ways, but not easy ones to push into the current game system.
However, I think this last part has drifted into wish-list territory that might tick off as many oldtimers as it makes happy.

It would also insert dev work into the middle of standing the whole thing back up, and I think that every day the game is dark is a very bad thing.


 

Posted

Quote:
Originally Posted by BrandX View Post
If someone bought the game, wouldn't it just be better to have everyone start from scratch, if it's shut down for a good length of time?

That way new players can come in and level up with the masses who are now leveling up?
I can understand this notion and (as someone who doesn't use fancy IO builds and is rather casual) I'd be happy just to be able to play and recreating my characters is not an obstacle in my fun. I do think I'd rather have my characters (and bases and all that) as is, but I'd be okay with starting over.

However, I don't honestly think it would be "best".
This game is amazing for playing with new characters because many people love to create new alts all the time and sidekicking/exemp'ing makes it all no problemo whatsoever.

Comparing those aspects against removing everything that anyone had attained in-game and I can't see it being better to start fresh.

We'd want as many people returning as possible and I don't think database wipes are on the side of that.
Make no mistake, we'd have a lot more returning players than new players no matter what. I really don't think a wipe would bring in more new players nor would it bring in more old players.


@Zethustra
"Now at midnight all the agents and the superhuman crew come out
and round up everyone that knows more than they do"
-Dylan

 

Posted

Quote:
Originally Posted by BrandX View Post
If someone bought the game, wouldn't it just be better to have everyone start from scratch, if it's shut down for a good length of time?

That way new players can come in and level up with the masses who are now leveling up?
If it's the same game, I'll be very disappointed if the characters are wiped. Not saying I won't join again, but disappointed. And the loss of all my veteran rewards/paragon rewards would also reduce my enthusiasm.


My arcs are constantly shifting, just search for GadgetDon for the latest.
The world beware! I've started a blog
GadgetMania Under Attack: The Digg Lockout

 

Posted

Quote:
Originally Posted by Dark_Respite View Post
Colour me ignorant, but what the hell does 'astroturf' mean in that context?

(My only frame of reference is it being an actual object that's used on a football field to artificially make it green, uniform, and playable-on.)

Michelle
aka
Samuraiko/Dark_Respite
I've mostly heard Astroturfing in politics, as a play on the idea of a "grassroots campaign". There's a lot of social media promotion for a cause or a group or a candidate, is it truly a bunch of people enthusiastic about it (a grassroots campaign) or is it all fake with people paid to promote it and using fake accounts (astroturf).

The idea that anyone is being paid now to either badmouth or support NCSoft in this forum is laughable (and insulting). The only place where such a strategy would make any sense is "Hey I'm going to (fill in game)" "Yeah, me too, (game) has everything I liked from CoH".

And a big part of astroturfing is to look like there's a large amount of support behind it. One astroturfing account is a a contradiction in terms.


My arcs are constantly shifting, just search for GadgetDon for the latest.
The world beware! I've started a blog
GadgetMania Under Attack: The Digg Lockout

 

Posted

I loved Pigskin 621 A.D. It was my favorite computer-football-type game ever. I especially liked the Brian Colin art - see also Rampage, Xenophobe and Blasted - and how if your ball-carrier was tackled while carrying a weapon, there would be a brief scuffle and the tackler ended up with, e.g., a mace in his face.

This is my only comment on this thread.


My characters at Virtueverse
Faces of the City

 

Posted

Quote:
Originally Posted by Brillig View Post
However, I think this last part has drifted into wish-list territory that might tick off as many oldtimers as it makes happy.
Wish list? Definitively. But I think only hardcore Controller and Blaster players may be disapointed (although keeping Manipulation sets as viable "utility" sets may be an option with sustainance.)

Utility/utility builds would no longer be possible.

Quote:
It would also insert dev work into the middle of standing the whole thing back up, and I think that every day the game is dark is a very bad thing.
APB went through about 7 months from cancelation to launch of the open beta for it's new version. The game did rather well and still is running today.

I think it would be better if they took the time to make certain improvements that have held back the game forever.

OH ane thing the game definitively would need is a new GUI. The current one, SPECIALLY the power brower, SUCK.


 

Posted

even at the end, the drama continues. I'm really going to miss these forums.

If People can save the game, I wish them luck. If the game shuts down for good, so be it. I should never have taken that ride on the TORtanic.

Anyway, (can't believe that I am saying this) Thanks for the update, Winky . I wish you success in your efforts

Time to grab screenshots. I'm gonna see about getting Fatheads done of my characters.

I guess the Mayans were right about the year, just not the date. The "City" world ends in 2012

Continue.



"Sorry bucko, but CoH and CoV are the same game." -BackAlleyBrawler
"Silly villain, CoX is for Heroes!" -Saicho