Ultima Online Down for the Counts

On March 3, 1998, in San Diego County, complaint 718593 was noted and entered into that county's Superior Court docket.

The document, or complaint, alleges certain defects in the online game Ultima Online.

Here is about 90 percent of that document. For budding attorneys, once a lawsuit is filed with the court, it becomes public information. You're not reading some top-secret dossier, but rather the document on file with the court.

GameSpot News has edited out certain introductory content, but the information pertaining to the complaints of the plaintiffs is here in its entirety.

Read each part of the lawsuit in the pages below.FIRST CAUSE OF ACTION

(Intentional Misrepresentation - All Defendants)

21. Plaintiffs reallege and incorporate the allegations of Paragraphs 1 through 20 above as fully set forth herein.

22. From September, 1997 through January, 1997, Defendants made false and fraudulent representations to Plaintiffs about Ultima Online.

23. Defendants falsely and fraudulently represented that the game Ultima Online would be playable “24 hours a day, everyday.” The true facts are that Ultima Online servers break down daily for hours at a time on a daily basis and Ultima Online cannot be played 24 hours a day everyday.

24. Defendants falsely and fraudulently represented that the game could be played in real time. The true facts are that “lag” time exists, and it can take minutes for a command on the keyboard or mouse to be implemented on the screen.

25. Defendants falsely and fraudulently represented that the above described technical problems would be corrected. The true facts are that the Defendants have yet to correct these problems, and that they still persist.

26. The Defendants falsely and fraudulently represented that Ultima Online did not require a $10 monthly subscription fee separate from a player's Internet connection fees. The Ultima Online packaging stated only as follows: “Internet connectivity required to set up your Ultima Online player account. A monthly service charge is applicable after your free trial period ends. If you do not have Internet access, AT&T Worldnet service is included with 30 days free Internet access.” These statements are false, and the true facts are that ORIGIN did not indicate that there would be a monthly subscription fee to use the game and a monthly fee for internet use. Nor did they indicate that the monthly subscription fee would be $10 per month.

27. Defendants falsely and fraudulently indicated that Ultima Online did not require possession and/or use of a credit card by its participants.

28. Defendants falsely and fraudulently represented the minimum computer requirements as lower than what is actually required to play, or different from that which is required. The true facts are that the game does not work with certain computers that meet the minimum requirements listed on the game packaging.

29. Defendants falsely and fraudulently represented that participation in Ultima Online would be free of attempts to limit certain legal rights, not limited to but including, warranties afforded consumers under state law.

30. When Defendants made these representations they knew them to be false, and these representations were made by Defendants with the intent to defraud and deceive Plaintiffs, and with the intent to induce Plaintiffs to act in the manner herein alleged.

31. Plaintiffs, at the time these representations were made by Defendants and at the time Plaintiffs took the actions herein alleged, were ignorant of the falsity of Defendants' representations and believed them to be true. In reliance on these representations, Plaintiffs were induced to and did buy the game Ultima Online and the required subscription fees. Had Plaintiffs known the actual facts, they would not have taken such action. Plaintiffs' reliance on Defendants' representations was justified because said representations were made on the Ultima Online packaging, and plaintiffs had no reason to believe other than what was stated thereon.

32. As a proximate result of Defendants fraud and deceit and the facts herein alleged, Plaintiffs suffered damages each in the amount of approximately $60 for the Ultima Online game and $10 per month for the monthly subscription.

33. The aforementioned conduct of defendant took the form of intentional misrepresentations, deceit, or concealment of material facts known to the defendant with the intention on the part of the Defendants of thereby depriving Plaintiffs of property or legal rights or otherwise causing injury, and was despicable conduct that subjected Plaintiffs to cruel and unjust hardships in conscious disregard of Plaintiffs' rights, so as to justify an award of exemplary and punitive damages.SECOND CAUSE OF ACTION

(Negligent Misrepresentation - All Defendants)

34. Plaintiffs reallege and incorporate the allegations of Paragraphs 1 through 33 above as fully set forth herein.

35. From September, 1997 through January, 1998, Defendants made false and fraudulent representations to Plaintiffs about Ultima Online.

36. Defendants falsely and fraudulently represented that the game Ultima Online would be playable “24 hours a day, everyday.” The true facts are that Ultima Online servers break down daily for hours at a time on a daily basis, and Ultima Online cannot be played 24 hours a day everyday.

37. Defendants falsely and fraudulently represented that the game could be played in real time. The true facts are that “lag” time exists, and it can take minutes for a command on the keyboard or mouse to be implemented on the screen.

38. Defendants falsely and fraudulently represented that the technical errors described above would be corrected. The true facts are that the Defendants have yet to correct these problems, and that they still persist.

39. The Defendants falsely and fraudulently represented that Ultima Online did not require a $10 monthly subscription fee separate from a player's Internet connection fees. The Ultima Online packaging stated only as follows: “Internet connectivity required to set up your Ultima Online player account. A monthly service charge is applicable after your free trial period ends. If you do not have Internet access, AT&T Worldnet service is included with 30 days free Internet access.” These statements are false, and the true facts are that ORIGIN did not indicate that there would be a monthly subscription fee to use the game and a monthly fee for internet use. Nor did they indicate that the monthly subscription fee would be $10 per month.

40. Defendants falsely and fraudulently indicated that Ultima Online did not require possession and/or use of a credit card by its participants.

41. Defendants falsely and fraudulently represented the minimum computer requirements as lower than what is actually required or different from that which is required. The true facts are that the game does not work with certain computers that meet the minimum requirements listed on the game packaging.

42. Defendants falsely and fraudulently represented that participation in Ultima Online would be free of attempts to limit certain legal rights, including but not limited to, warranties afforded consumers by state law.

43. Defendants made these representations with out reasonable ground for believing them to be true. Plaintiffs are informed and believe and thereon allege that Defendants were aware, or should have been aware, that there was not enough server capacity to handle the volume of players. Without such capacity, Defendants knew, or should have known, that Ultima Online would not be accessible 24 hours a day every day and that there would be lag in game play.

44. Defendants did not and do not have a reasonable belief that they can correct the technical difficulties associated with playing Ultima Online.

45. Defendants were aware that a $10 per month subscription fee would be required in addition to Internet access fees in order for a person to participate in Ultima Online.

46. Defendants were aware that a credit card would be required to participate in the game.

47. Defendants did not have a reasonable belief that Ultima Online would work with every computer meeting the minimum requirements listed on the packaging.

48. Defendants were aware that they were attempting to limit certain legal rights, including but not limited to, warranties afforded consumers under state law.

49. These representations were made by Defendants with the intent to induce plaintiffs to act in the manner herein alleged.

50. Plaintiffs, at the time these representations were made by Defendants, and at the time Plaintiffs took the actions herein alleged, were ignorant of the falsity of Defendants' representations and believed them to be true. In reliance on these representations, Plaintiffs were induced to, and did purchase, the Ultima Online CD-ROM and $10 per month subscriptions. Plaintiffs' reliance on Defendants representations was justified because said representations were made on the Ultima Online packaging, and Plaintiffs had no reason to believe other than what was stated thereon.THIRD CAUSE OF ACTION

(Breach of Express Warranty Against All Defendants)

51. Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 50 of this Complaint as though fully set forth at length herein.

52. The Defendants affirmed the facts or promised in writing on the game packaging that Plaintiffs would be able to play Ultima Online “24 hours a day, every day of the year.” In fact, the game cannot be played 24 hours a day everyday because the servers that run the game are constantly breaking down which results in hours of down time everyday. The number of servers is not adequate to accommodate the number of players to whom Defendants sold the CD-ROMs and monthly subscriptions.

53. Defendants also affirmed or promised through Ultima Online packaging, that friends could play in real time. In fact, lag exists to such an extent that not only is it impossible for friends to play in real time, but Ultima Online is unplayable for substantial periods of time.

54. Defendants affirmed or promised that ULTIMA ONLINE could be played using a computer meeting certain minimum requirements. In fact, the game does not work with every computer meeting the minimum requirements listed on the package

55. The aforesaid affirmations or promises by Defendants formed the basis of the bargain with Plaintiffs, and the goods and services as sold do not conform to those characteristics expressly warranted.

56. Defendants failed to properly disclaim any express warranties. The disclaimer that came with the CD-ROM was not conspicuous, and further is a warranty only as to the physical compact disc itself. The disclaimer that appeared when a player initially logged on to Ultima Online stating that the product is sold “as is” is also invalid. This disclaimer was not conspicuous, and further, the disclaimer appeared only after the Plaintiffs had purchased the CD ROM software and released credit card information to pay for the monthly subscription fees. Thus Defendants failed to inform the Plaintiffs prior to the sale that the goods were sold “as is.”FOURTH CAUSE OF ACTION

(Breach of Implied Warranty of Merchantability - All Defendants)

57. Plaintiffs reallege and incorporate the allegations of Paragraphs 1 through 56 above as fully set forth herein.

58. Defendant is a merchant with respect to goods sold to Plaintiffs, and there was in the sale to Plaintiffs, an implied warranty that such goods were merchantable.

59. However, Defendants breached such warranty implied in the contract for the sale of goods because the goods did not conform to the promises or affirmations of fact made on the packaging nor was Ultima Online fit for the ordinary purposes for which such goods are used.

60. The Defendants affirmed the facts or promised in writing on the game packaging that Plaintiffs would be able to play Ultima Online “24 hours a day, every day of the year.” In fact, the game cannot be played 24 hours a day everyday because the servers that run the game are constantly breaking down which results in hours of down time everyday. The number of servers is not adequate to accommodate the number of players to whom Defendants sold the CD-ROMs and monthly subscriptions.

61. Defendants also affirmed or promised through Ultima Online packaging, that friends could play in real time. In fact, lag exists to such an extent that not only is it impossible for friends to plays in real time, but Ultima Online is unplayable for substantial periods of time.

62. Defendants affirmed or promised that Ultima Online could be played using a computer meeting certain minimum requirements. In fact, the game does not work with every computer meeting the minimum requirements listed on the package

63. Because Ultima Online is not fit for the ordinary purposes for which such goods are used, and because those goods do not conform to promises or affirmations made on the packaging, the Defendants have breached the implied warranty of merchantability.

64. Defendants failed to properly disclaim the implied warranty of merchantability. The disclaimer that came with the CD-ROM was not conspicuous, and further is a warranty only as to the physical compact disc itself. The disclaimer that appeared when a player initially logged on to Ultima Online stating that the product is sold “as is” is also invalid. This disclaimer was not conspicuous, and further, the disclaimer appeared only after the Plaintiffs had purchased the CD ROM software, and released credit card information to pay for the monthly subscription fees. Thus Defendants failed to inform the Plaintiffs prior to the sale that the goods were sold “as is.”FIFTH CAUSE OF ACTION

(Breach of Implied Warranty of Fitness - All Defendants)

65. Plaintiffs reallege and incorporate the allegations of Paragraphs 1 through 64 above as fully set forth herein.

66. Defendants were merchants with respect to goods of the kind, which were sold to Plaintiffs, and there was in the sale to Plaintiff an implied warranty that such goods were fit for a particular purpose.

67. Defendants breached such warranty. Defendants had reason to know the particular purpose for which Ultima Online was purchased by Plaintiffs (real time online fantasy game), and Plaintiffs relied on Defendants' promises.

68. The Plaintiffs relied on Defendants affirmations or promises that players would be able to play Ultima Online “24 hours a day, every day of the year.” In fact, the game cannot be played 24 hours a day everyday because the servers that run the game are constantly breaking down which results in hours of down time everyday. The number of servers is not adequate to accommodate the number of players to whom Defendants sold the CD-ROM and monthly subscription.

69. Plaintiffs relied on Defendants affirmations or promises that Ultima Online could be played in real time. In fact, lag exists to such an extent that not only is the game not carried on in real time, but Ultima Online is unplayable for substantial periods of time.

70. Plaintiffs relied on Defendants affirmations that if a player used a computer with certain minimum requirements, he would be able to participate in the game. However, the game does not work with all computers meeting the minimum requirements printed on the Ultima Online CD-ROM packaging.

71. The Defendants failed to disclaim the implied warranty of fitness for a particular purpose. The disclaimer that came with the CD-ROM was not conspicuous, and further is a warranty only as to the physical compact disc itself. The disclaimer that appeared when a player initially logged on to Ultima Online stating that the product is sold “as is” is also invalid. This disclaimer was not conspicuous, and further, the disclaimer appeared only after the Plaintiffs had purchased the CD ROM software and released credit card information to pay for the monthly subscription fees. Thus Defendants failed to inform the Plaintiffs prior to the sale that the goods were sold “as is.”SIXTH CAUSE OF ACTION

(Breach of Contract - All Defendants)

72. Plaintiffs reallege and incorporate the allegations of Paragraphs 1 through 71 above as fully set forth herein.

73. Since September, 1997, Defendants have offered for sale the computer game Ultima Online. The offer consisted of monetary consideration for the CD-ROM containing the software and a subscription of $10 per month to play the game online.

74. Defendants contracted to provide Ultima Online 24 hours a day everyday.

75. Defendants contracted that the friends be able to play the game in real time.

76. Defendants contracted to provide plaintiffs a game that could be played on any computer meeting the minimum requirements listed on the package.

77. There exists a valid contract between each Plaintiff and Defendants. Plaintiffs, and each of them, at various times from September, 1997 through January, 1998 purchased the Ultima Online CD-ROM and paid for the online subscription to play the game. Plaintiffs having fully performed, the Defendants' failure to materially perform is unexcused. As a result of this failure, Defendants have suffered damages in the amount of the purchase price, monthly subscription fees, and other incidental damages as will be proved.SEVENTH CAUSE OF ACTION

(Negligence - Against All Defendants)

78. Plaintiff reallege and incorporate the allegations of Paragraphs 1 through 77 above as fully set forth herein.

79. From September 1997, through January 1998, Defendants sold the Ultima Online CD-ROM to Plaintiffs and sold subscriptions to the Ultima Online service for $10 per month to Plaintiffs.

80. Defendants negligently manufactured and/or sold the Ultima Online CD-ROM and monthly subscriptions that failed to work properly, and caused Plaintiffs economic harm.

81. In particular, Defendants' negligent manufacturing resulted in the consequence that: a. Ultima Online could not be played 24 hours a day, everyday;

b. The play contains so much lag as to make Ultima Online unplayable for substantial periods of time;

c. The response time to customer service calls is hours, if not longer;

d. Consumers expect that there is no monthly subscription fee charged.

e. Various special features listed in the game directions and on the packaging do not work or are non-existent;

f. The minimum computer hardware requirements listed on the package are incorrect.

82. As a proximate result of Defendants' negligence, Plaintiffs, and each of them, were injured in the amount equaling the purchase price of the CD-ROM and monthly subscription fee of $10.PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants EA INC, ORIGIN, and Does 1 through 100, and each of them, as follows:

1. In the amount of actual, compensatory and incidental and other damages to be determined at trial;

2. For punitive damages in the amount to be determined at trial;

3. For costs of suit and attorneys' fees as permitted by law;

4. For prejudgment and post judgment interest as permitted by law;

5. For such other and further relief as the court may deem just and proper.