A series of six video game addiction lawsuits have recently been filed against Microsoft, Activision Blizzard, Loblox, Epic Games, Rockstar, and other major game developers and publishers. All of these lawsuits, filed in court within the past 12 months, allege that game developers are intentionally addicting players to their games.

As part of a motion filed this month to dismiss one of the lawsuits, that of an Arkansas woman and her son, the targeted game developers called it an "attack on the First Amendment rights of video game producers."

The Arkansas lawsuit alleges that Roblox, Fortnite, Call of Duty, Minecraft, and other popular games used "addictive psychological traits" to keep her son hooked since he was 12. The son, now 21, spends $350 a month on the games, has dropped out of school, has been diagnosed with major depressive disorder and "anxiety," and is experiencing "withdrawal symptoms such as anger, physical outbursts," according to the report. The mother also claims that she was unable to regulate her son's gambling because she was "afraid" of his outbursts.

According to the complaint, the game developers are liable for faulty and negligent design that "exploits the chemical reward system of the user's (especially minors') brain to create addictive engagement, compulsive use, and further mental and physical harm," and for failing to warn users of the danger of addiction.

Counsel for the developers argue in their motion to dismiss that, as established by a 2011 Supreme Court decision, games are a medium of expression, and finding their expression "too entertaining" is not a legitimate reason to restrict constitutionally protected speech. The plaintiffs also state that they have not clearly established what specific features of each game caused the harm.

The complaint devotes many pages to outlining the alleged dependence of each game. While some aspects of modern games that are commonly criticized come up, such as "predatory monetization" and deceptive UI tricks called "dark patterns," most of the complaint relates to aspects of the games that we consider normal or positive.

Call of Duty, for example, has been criticized for rewarding players for unlocking guns and attachments, calling it "a form of operant conditioning" and for featuring "fast-paced play, satisfying graphics, sounds, and other dopamine rises." Minecraft's multiplayer feature is said to be "addictive to connecting with other players in the Minecraft world," and the suit warns that players with ADHD "can easily become hyper-focused and addicted to world building." Grand Theft Auto 5 has "endless activities and challenges to continually engage and keep users engaged," the lawsuit states.

The game developers say the complaint uses "sinister" terms such as "feedback loops" and "monetization schemes" to justify attacking the regular and creative features that make their games more engaging and rewarding.

"It is not permissible to stifle speech or burden its messengers simply because the plaintiffs find a game's presentation 'too compelling' or 'too catchy,' i.e., too entertaining," the developers said.

(Silencing or burdening is a quote from a 2011 Supreme Court decision that held that a drug company's marketing efforts cannot be restricted because they are "too persuasive.") One has to imagine that the lawyers here would have preferred not to cite the pharmaceutical industry's victory to avoid irony, but I guess they have to use the precedent given).

Five of the six addiction lawsuits, including the Arkansas case, were filed by the Atlanta law firm Bullock Ward Mason.

"Video game addiction is a serious problem created and perpetuated by a multi-billion dollar industry that seeks to profit from creating addicts out of children," said a company representative in a statement provided to PC Gamer.

"The addiction we are seeing in children and youth is so serious that gaming has taken over their entire lives, causing dramatic and detrimental effects on their well-being.

"As we continue to investigate this crisis on behalf of affected families, we look forward to shining a light on this industry, holding these video game companies accountable for the harm they are causing, and ensuring that changes are made to protect children in the future.

The World Health Organization (WHO) recognizes video game addiction as a disorder, and the American Psychiatric Association (American Psychiatric Association) has stated that while there is "ongoing debate" as to whether video games are addictive, "early evidence suggests . video games are among the most addictive technologies." The Chinese government is limiting the number of hours children can play video games in 2021, as "parents report that the gaming addiction of some adolescents and children is seriously harming their normal learning, life, and physical and mental health."

The Entertainment Software Association, the trade group whose members are the companies targeted in these lawsuits, defended the game makers in a statement provided to PC Gamer.

"Video games are among the most dynamic and widely enjoyed forms of entertainment in the world. Our priority is to provide a positive experience for the entire player community, and we provide easy-to-use tools to help players, parents, and caregivers manage the many aspects of gameplay." Claims otherwise are not rooted in fact and ignore the reality that billions of people around the world of all ages and backgrounds play video games in a healthy and balanced way."

If the Arkansas lawsuit (or any other lawsuit) is not dismissed, the developers have each filed a motion to go to arbitration. The plaintiffs are asking for more time to respond to these motions as they await a decision on whether the pretrial proceedings in all six very similar addiction cases will be consolidated.

This article has been updated with a statement from the ESA.