Harmonix, Don't get sued

[elliott4179]

We have all seen the lamers trying to sue the Big N because their wrist strap broke on their wii and the controller went flying into "insert anything breakable here". Which of course led to a big replacement plan pain in the ass. Well just think about what is going to happen when you put two wooden "projectiles" in peoples' hands. Peoples' hands are going to sweat and the sticks are going to fly, cuz lets face it, there are a lot of idiots out there that are going to get too carried away while playing the drums. And lets just hope you aren't playing so hard that you actually break the things. I just think it would be a good idea to have some sort of strap like to wiimote to help prevent accidents and eventually some bullsh*t lawsuit. A simple screw with an eye could be threaded into the bottoms of the sticks to attach some form of wrist straps. The trick would be to not make them too long or short to restrict movement while playing. The only other idea I could come up with sounds much dumber, but you could have velcro glued to the bottom third of the sticks and ship them with velcro gloves to help you hold on better. Maybe you can come up with a better idea. I just don't want to see a company as cool as you guys have to deal with a bunch of dumb lawsuits.:)

On a side note: when is that server upgrade coming? This lagging is driving me crazy.

You guys rule.

[Maposaurus]

There's no reason they would get sued if someone tossed a drumstick on accident. The only reason the Wiimotes were a big deal was because the straps were too weak and actually snapped if you went nuts. If your Wiimote's strap snapped and it went flying, it isn't necessarily your fault, but the same doesn't hold true for tossing a drumstick on accident.

Now, if the drumsticks had straps, that would be a bigger problem, because if those straps snapped when someone lost grip on a stick, causing said "wooden projectile" to soar across the room, HMX would be in for a world of legal hurt.

[Brock_Landers]

how about having printed on the drumsticks, "WARNING: STICK MAY CAUSE DAMAGE WHEN RELEASED FROM HANDS IN PLAY"

likewise on the stratocaster, "WARNING: SMASHING GUITAR ON GROUND MAY CAUSE GUITAR TO BREAK"

and on the mic, "WARNING: SINGING TOO LOUD MAY BE TOO LOUD"

[kilinor]

I doubt that would give the necessary legal indemnity...
couldn't hurt though ;)

[sa_nick]

I doubt that would give the necessary legal indemnity...
couldn't hurt though ;)

As long as it enough of a warning that people will blame themselves they wont dare sue in fear of being hated by millions! mwahahaha!

[elliott4179]

There's no reason they would get sued if someone tossed a drumstick on accident. The only reason the Wiimotes were a big deal was because the straps were too weak and actually snapped if you went nuts. If your Wiimote's strap snapped and it went flying, it isn't necessarily your fault, but the same doesn't hold true for tossing a drumstick on accident.

Now, if the drumsticks had straps, that would be a bigger problem, because if those straps snapped when someone lost grip on a stick, causing said "wooden projectile" to soar across the room, HMX would be in for a world of legal hurt.

If by saying this you think that Nintendo wouldn't have been sued if they hadn't provided a wrist strap you are indeed naive. They would instead have been sued for not facilitating a means to keep people from damaging property or bodily harm. It's just like the dumbass that ordered a "hot" cup of coffee from McDonalds and spilled it on herself. She sued and won I might add. McDonalds didn't dump the coffee on her, and they surely don't dare give their customers cold coffee unless that is what they ask for. But nonetheless they were held responsible for her injuries because they didn't notify her of the possible risks or provide her with information about how to safely consume her beverage. That's is why you see stupid disclaimers on every commercial and every consumer product nowadays telling you not to attempt this when common sense should already be telling you that. People are stupid plain and simple and our justice system takes pity on them. It's sad but that's how things are.

[mrcrazypants05]

Quick question... How many times has Vic Firth or any drum stick company been sued for a drum stick flying across the room? Seriously. I guess you can sue for anything though...

[xCHRISx]

My favorite warning is on the blades of my skill saw. "Do not stop blades with hands." This is a messed up world we live in, folks.

[Apples]

Telling someone "don't get sued" is as effective as telling an airline stewardess "don't get in a plane crash". (ie: something they have minimal to no control over)

I think the original premise comparing wii-motes to drumsticks is flawed... you're comparing apples to oranges. Us apples don't like that.

[WildWalker]

My favorite warning is on the blades of my skill saw. "Do not stop blades with hands." This is a messed up world we live in, folks.

My two favorites are:

Packet of peanuts has written on side "may contain nuts" the really worrying thing about that statement is that fact that there is only a chance the packet "MAY" contain nuts, when it didn't contain nuts WTF was I eating?

Printed on the bottom of a microwave dinner (where the cooking instructions are) "do not turn upsidown" DOH!


Anyway, I think whoever pointed out that you cant get sued for dropping a drumstick is probably right. Nintendos mistake was to provide a safety facility that simply failed.

WW

[Maposaurus]

If by saying this you think that Nintendo wouldn't have been sued if they hadn't provided a wrist strap you are indeed naive. They would instead have been sued for not facilitating a means to keep people from damaging property or bodily harm. It's just like the dumbass that ordered a "hot" cup of coffee from McDonalds and spilled it on herself. She sued and won I might add. McDonalds didn't dump the coffee on her, and they surely don't dare give their customers cold coffee unless that is what they ask for. But nonetheless they were held responsible for her injuries because they didn't notify her of the possible risks or provide her with information about how to safely consume her beverage. That's is why you see stupid disclaimers on every commercial and every consumer product nowadays telling you not to attempt this when common sense should already be telling you that. People are stupid plain and simple and our justice system takes pity on them. It's sad but that's how things are.

That isn't what I'm getting at. The reason the Wiimote thing was such a big deal was because of faulty merchandise. Would it have been a problem if people tossed their Wiimotes without the strap (and without a proper disclaimer stating that tossing your Wiimote at things might cause physical impact)? Most definitely. Would it have been as large? No, it wouldn't have. The disclaimers in Wii games say to fasten your strap, and if doing what the game advised doesn't save your 600 inch plasma TV from getting a Wiimote to the face, that is a big problem.

Rock Band should have a disclaimer in the game stating that if you toss your sticks, they might hit things, so be careful. That does give HMX legal indemnity, because you're actively agreeing to the fact that if you aren't careful with the sticks, you might toss them and they might hit things, and that it's your fault that you did.

"WARNING: Rocking out is always good, but use in moderation. The sticks the drummer is holding might go flying at any moment. But hey, you don't yell at your manager because one of them flew into the back of the bassist's head, do you? Maybe if he lubed them up, but unless that happens, tell your drummer to be extra careful for when he plays that solo. Those things could smash up some of your stage equipment if let loose."

Covers everything. Not HMXes fault, person playing drums should be careful, if you aren't they can hurt people/stuff. It's perfect.

[Apples]

I think Harmonix has real legal eagles on staff to take these kinds of things into consideration on their own. Gamers by large aren't generally legal professionals and there is no point/value in uninformed speculation. I still think that comparing drum sticks to Wii-motes is a complete logical fallacy. They're both game peripherals, but they aren't used in the same manner, don't have the same physical properties, etc.

If Harmonix needs a disclaimer for every possible permutation of damage that can be caused by their products, the user manual would be an encyclopedia. I'm looking forward to the loading screen which states:

"Do not dissassemble the guitar controller and swallow the fret buttons. This may present a choking hazard".

"Edge of software disc may cause cuts if scraped across the skin like a razor blade"

and my personal favorite:

"In case of flood, drum set not usable as a floatation device"

See how ridiculous you can get in a hurry with disclaimers?

[MisterBones]

Make sure that you also make games that work. I've heard talk of possible lawsuits because a certain re occurring ring of death.

[vichnaiev]

I was in the supermarket yesterday and saw a knife kit with strap bands on it. Apparently, they were afraid someone would sue them if you're having dinner and toss a knife in someone's head.

[1crazyboy7]

think of it, theres already been a drummania...and it never got sued, so why would rock band get sued for the drumsticks? no ones going to do it.

[Acerag127]

i thought about this a while ago but never mentioned it, but if youre going to include wooden sticks with the game, you may want to worry about people's hands blistering. i know from personal experience, my friend is a drummer, i was the guitarist and whenever wed switch it up cause i liked playing drums, if i played a lot my hands would get torn up, so unless you play drums a lot and have already developed callouses or anythin like that, you may want to worry about people possibly suing/complaining about blisters or skin being ripped off their hands from too much play

[zankfrappa]

i dont think a drum stick is as dangerous as a wii mote, from experience in gigs with clumsy drummers, i cant remember the sticks travelling a very great distance or a particularly quick speed..apart from when their chucking them to the audience that is.

[MrDisgruntled]

how about having printed on the drumsticks, "WARNING: STICK MAY CAUSE DAMAGE WHEN RELEASED FROM HANDS IN PLAY"

likewise on the stratocaster, "WARNING: SMASHING GUITAR ON GROUND MAY CAUSE GUITAR TO BREAK"

and on the mic, "WARNING: SINGING TOO LOUD MAY BE TOO LOUD"

lmao. agreed.

[Kevhouse0308]

i dont think a drum stick is as dangerous as a wii mote, from experience in gigs with clumsy drummers, i cant remember the sticks travelling a very great distance or a particularly quick speed..apart from when their chucking them to the audience that is.

I know this sounds stupid but I'm going to say it anyway....
A few years back my friend who's a drummer went crazy on a solo and threw his sticks, one hit me right in the forehead. Left a red mark there for a bit but it's not anything too dangerous. the only way i'd see it as dangerous is if some drummer got mad at his singer and chucked a stick at him... and again a quick disclaimer from HMX should keep them safe.