Chinese company sues UK blogger using Australian laws
If you’ve used the internet for more then thirty seconds at any given time over the last few months then you’ve probably seen the giant boob ads for online game Evony. You know, the ones featuring euro-trash models with giant cleavage and the submissive tagline ‘my lord’.
Well, seems British blogger Bruce Everiss decided to have a closer look at the game and didn’t like what he found.
Turns out Evony is owned by chinese businessman Eric Lam, who runs a bunch of gold mining companies.
Not happy about being exposed, the chinese based Evony decided to threaten to sue over UK based Everiss’ comments. Oh and here’s the kicker, Evony is threatening to launch legal action using Australian law.
Chinese gold farming is a common gaming phrase and relates to ‘farms’ of workers (99.9% of the time based in China) who sit around playing games all day ‘farming’ special items and in-game currency which are then sold to other players for real world cash.
Due to players often being time restricted and lazy it’s a pretty lucrative business run at the expense of fairness and playability.
Usually the go is that these chinese farms latch onto an existing game and destroy the local game economy by flooding the market with ingame-currency and items. Evony however “cuts out the middle man” as Everiss puts it and charges players directly.
Mind you it’s not the first game to employ this model but coupled with a massive viral advertising campaign, comment spam and god knows what other marketing tacticts it’s easy to see why it’s raised the ire of gamers.
It seems Australia’s draconian online defamation laws are known worldwide and after a series of critical posts by Everiss on his blog, Evony are using NSW lawyers Warren McKeon Dickson and claiming defamation due to the fact Everiss’ blog can be viewed online in NSW.
No doubt the case that will be cited here is the infamous Dow Jones & Co. Inc. Vs Gutnick where it was ruled that if you can access information online from anywhere within Australia, regardless of the laws governing the country where the content was published, you are entitled to sue for defamation.
Basically anything ever published anywhere on the internet is open for anyone in Australian’s to launch legal action against.
It was a stupid decision then and it’s still a stupid decision now as we watch a Chinese company take advantage of the case to pursue defamation against a British blogger. Do we need any more proof our online defamation rulings are wide open to abuse and exploitation?
What’s Everiss supposed to do? Fly down to Australia to defend himself because some Chinese company doesn’t like bad publicity?
As far as I know nothing Everiss has posted about Evony is untrue and the case is simply a calculated step in Evony attempting to get the removal of bad press on their game.
As an Australian blogger who was threatened with legal action myself in the first few months of starting OzSoapbox it disheartens me that the laws of this country allow such frivolous law suits to be brought about by companies against individuals who don’t even reside here.
In doing so our legal system becomes nothing more then a political tool used at will by foreign interests to censor other foreigners. In effect we’ve whored out our courts to any global commercial interest by permitting actions like this to be legal.
Everiss meanwhile is stuck in an uneviable position;
So what can I do? If I remove the articles it is a victory for censorship and oppression. If I leave the articles Evony will bring a case against me that I cannot defend, even though I have told the truth.
Whatever you decide Bruce, good luck mate.
On behalf of Australian bloggers and the Australian legal system I apologise for my country’s hopeless ineffectiveness at bringing our defamation laws into the modern age. What a disgrace.
Related posts that might interest you:


August 27th, 2009 at 11:49 am Citizen-D(Quote)
“Due to players often being time restricted and lazy it’s a pretty ludicrous business run at the expense of fairness and playability.”
Although I agree with the post as is, did you happen to mean “it’s a pretty lucrative business”?
August 27th, 2009 at 11:51 am ozsoapbox(Quote)
Yes I did
.
I think spellcheck shafted me there, thanks for the pickup.
August 27th, 2009 at 4:26 pm Van Santos(Quote)
While I haven’t been online as much the last month or so and I’m not talking about the law suit… I have NEVER viewed the ads and now I actually want to go and find one.
Thanks, Oz!
August 27th, 2009 at 4:37 pm ozsoapbox(Quote)
There’s a good timeline of them on CodingHorror. The progression the advertising for Evony took is kind of subtle.
August 27th, 2009 at 5:08 pm Van Santos(Quote)
So, funny thing…
I’m reading the headlines on reddit when I find this story.
http://hellforge.gameriot.com/blogs/Hellforge/Evony-Plagiarism-Spot-The-Difference
I start reading away when it hits me – this is the company you were talking about! And yes, you are right, the progression is very subtle. Very.
August 27th, 2009 at 6:43 pm Yi(Quote)
when i first saw evony, i thought that it was a Hentai game
August 28th, 2009 at 2:11 pm Piquet(Quote)
I have to take issue with you on this. Australia’s defamation laws were revised in 2005 to make them more modern. There is not a separate set of defamation laws for the internet. One of the most significant changes to defamation law was that corporations with 10 or more employees *cannot* sue for defamation. From what you write in your blog, this Chinese firm is likely to have well in excess of 10 employees.
I would suggest that the Australian lawyers are bluffing. If Mr Everiss would like to engage Australian lawyers please feel free to email pkruzas(at)browneco(dot)com(dot)au
August 28th, 2009 at 8:18 pm ozsoapbox(Quote)
This is precisely the problem.
How freaking stupid is it that a publisher can be held liable for readers leaving opinions on websites? As it stands Australian forum owners are wide open to law suits and there’s nothing (legally speaking) stopping anyone from launching action, well aside from the massive costs involved and permanent damage to your reputation.
Does this stop individuals suing for damages on behalf of a business they own or are employed by though?
Thanks for the offer, I’ve passed on your details to him.
September 15th, 2009 at 1:17 am Bruceongames(Quote)
It looks like Evony do not like the truth, or fair comment. They want to censor the web of any criticism:
http://www.reuters.com/article/pressRelease/idUS116076+14-Sep-2009+BW20090914
However they may possibly be in trouble: http://www.bruceongames.com/2009/09/14/evony-in-big-trouble/
September 15th, 2009 at 10:04 am ozsoapbox(Quote)
Thanks for that Bruce. Seems to be a very shady business. I wouldn’t be surprised if the websites Evony sent out that “press release” too were getting kickbacks in some form.
Good work on your continued work to expose them. I saw an Evony ad the other day that was just an out and out lingerie shot. It seems the medieval theme has truly gone out the window.
March 6th, 2010 at
[...] was arguably the stupidest online based legal case last year here in Australia (followed closely by a Chinese company suing a UK blogger using Australian laws), news broke yesterday that Z-Geek won it’s legal battle against Jonathan Nolan, Greg Smith [...]