Sure I can elaborate,
False advertising is an actionable civil claim under Section 43(a) of the Lanham Act. A party who successfully sues for false advertising may be entitled to either damages or injunctive relief.
To bring a claim for false advertising, the plaintiff must show:
The defendant made false or misleading statements as to their own products (or another’s);
Actual deception occurred, or at least a tendency to deceive a substantial portion of the intended audience;
The deception is material in that it is likely to influence purchasing decisions;
The advertised goods travel in interstate commerce; and
There was a likelihood of injury to the plaintiff.
Claiming a game has a code of conduct even making you agree to this when creating an account is the equivalence of a false and misleading statement, Jagex, does in fact deceive a substantial portion of the audience via claiming the code of conduct must be followed or account/accounts will be denied access to the game.
This means that the audience (players) are sold a product via membership subscriptions, and are deceived into believing the game will be fair for all audience members, they instead receive a game that is not fair to the audience members, while simultaneously receiving more false promises (false advertisement) from staff employed by Jagex.
Theft has a deception clause in federal law, A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
Intends to deprive the other person permanently of the use or benefit of the thing of value; or
Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit.
Hope that helps.
17-Oct-2023 10:48:18