Ultima Suit Coming Down to the Wire

The future of the Ultima Online class action suit will be decided on September 25. Last Friday, attorney George Schultz filed documents that contain what will most likely be his penultimate plea to the court asking that it recognize the six current plaintiffs as part of a larger class injured by various claimed defects in Origin's popular Ultima Online game.

If the court grants class status to the lawsuit, the months of legal foreplay will be history and the two sides will be pitted against each other in what for gamers will easily qualify as a fight to watch. Of course, if EA were ultimately to lose this case, the potential for a major payout to gamers will loom large for Electronic Arts and Origin Systems Inc.

The documents filed with the Superior Court in San Diego (and also served to the Electronic Arts attorneys) consist of a more-or-less-final argument to Judge Judith McConnell. That document - a memorandum of points and authorities in support of class certification - contains, among other things, short snippets of testimony extracted from Electronic Arts' Alexander Carloss during a July 10, 1998, deposition.

What may be of interest to gamers is the testimony of Carloss where he states he was aware that gamers would necessarily confront the specter of lag upon commencing online play.

Carloss answers in the affirmative when questioned by Schultz: "Is it true that you were aware that people playing the game would encounter lag?"

Schultz states in the motion that EA has stated it has sold approximately 207,358 copies of Ultima Online and that approximately 100,000 players still pay $10 a month to play the game. "Simply and approximately put, defendants have sold a game that has generated $2,063,212 in revenues and still receives $1,000,000 per month" the motion states.

EA attorneys have the right to appeal this motion before September 25, and Schultz, et al. have the right to file one last argument before the judge finally decides her verdict on the 25th.

GameSpot News will keep you posted on developments in the case as they evolve.