https://www.polygon.com/23793493/bungie-destiny-2-harassment-lawsuit

Win empowers employers to protect employees from online harm

Bungie has won almost $500,000 in damages from a Destiny 2 player who harassed one of its community managers and his wife with abusive, racist, and distressing calls and messages, and sent an unsolicited pizza order to their home in a manner designed to intimidate and frighten the couple.

According to members of Bungie’s legal team, the judgment from a Washington state court sets important precedents that will empower employers to go after anyone who harasses their employees online, and strengthen the enforcement of laws against online trolling and harassment. “This one is special,” Bungie’s attorney Dylan Schmeyer tweeted.

As laid out in the court’s judgment, the defendant, Jesse James Comer, was “incensed” when the community manager — whom both Bungie and the court declined to name, to protect them from further harassment — spotlighted some fan art by a Black community member. Using anonymous phone numbers, Comer left a string of “hideous, bigoted” voicemails on the community manager’s personal phone, some asking that Bungie create options in Destiny 2 “in which only persons of color would be killed,” before proceeding to threaten the community manager’s wife with more racist voicemails and texts. Then he ordered a pizza to be delivered to their home, leaving instructions for the driver to knock at least five times, loudly, to make the intrusion as frightening as possible.

The court ruled that Comer was liable to pay over $489,000 in damages, fees, and expenses it had accrued in protecting and supporting its employees, investigating Comer, and prosecuting the case against him.

As laid out in a Twitter thread by Kathryn Tewson, a crusading paralegal who worked on the case, the judgment is significant because it recognizes that patterns of harassment escalate from online trolling to real-world violence; establishes that harassment of an employee for doing their job damages the employer as well, which can then use its resources to go after the culprit; and recognized a new tort — a legal term for a form of injury or harm for which courts can impose liability — around cyber and telephone harassment.

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Inspired by discussion here.

Toxic players don't create toxic games. Toxic games create toxic players.

About a year ago, I wrote up a comprehensive report on why Overwatch's community is such a shitshow. Give it a read if you're at all interested in why game communities turn toxic, or if you're curious why Overwatch didn't stick longer as a phenomenon.

(At this point, with Overwatch now past its prime and usurped by other games due in large part to reasons I described there, I'd like to also offer a nice fat 'I told you so' to actiblizz. I didn't want to stop playing...)

The baseline question was this: Overwatch has great representation, an entertaining formula, and good messages. The game is super fun to play on the surface, and offers hundreds of hours of unique new experiences. So why is it so easily considered to have one of the most toxic competitive communities out there?

There's no explanation or reason for why naturally toxic players would gravitate towards the title, stick around, and infect the rest of the community. Nothing about Overwatch would indicate that it was going to somehow filter out the worst of the worst and keep them for itself, and that's because - bumbudaaa! It didn't.

Toxic players didn't infect Overwatch; Overwatch created toxic players.

The same things can be said for basically any other huge competitive game on the market, with CS:GO, LoL, and DOTA2 being the easiest examples. Their communities are all total swamps.

Despite this, there is virtually no game on the market which properly addresses the root cause of community-destroying toxicity: the game itself.

I'd rather not repeat myself because that above link will do a better job of going in-depth and can be applied to a lot of games, but the baseline problem is this: games catch and ban bad apples, but do nothing to stop those bad apples from forming. Failing to realize that parts of an otherwise amazing experience are fundamentally frustrating, the focus and blame is put on the players for reacting (see above thread) in exactly the way the games are designed to make them.

Chief among these issues? Games demand teamwork, cooperation and a community voice, but do nothing to facilitate them. Games that are designed to be fun casually will be frustrating competitively - and vice versa. Toxic communities will not form where every style of play is catered to, which is sometimes balance, but often a fundamental disconnect between what the game was built for, what's actually promised, and what the player's trying to get out of it.

So, I'd rather send the discussion in the other direction, which is why I posted this here. Rather than blame the community, it's time to look for solutions from the actual people responsible.

(To be clear: yes, there are assholes in the world, and yes, they play games. But the idea that the culture has only just now soured to a patch of racism and misogyny is laughable to anyone who grew up playing Xbox Live. It's been blown completely out of proportion by a fundamental discontent with games themselves, like further kindling on a fire, driven mostly by competitive culture.)