Date: Nov 15, 2008 9:57 AM
Subject: A REPOST--THE END OF MOBSTERS!!!!!!!!
Body: The following has been submitted to the game's developer through his/her MySpace group forum found here: http://profile.
myspace. com/index. cfm?fuseaction=user.
Evidence shows that the application "Mobsters" is not down for maintenance but has in fact been suspended by MySpace. The evidence which I am referring to is the statement on your page that says the following “Mobsters has been temporarily suspended by MySpace” No explanation has been given. In a telephone call placed to MySpace corporate office (310-969-7400) at 4:28 PST no explanation or form of recourse was given.
Because the ability to exchange USD (via “Favor Points”) was offered for an enhanced level of game play, the guarantee of the continued usage of the game (for a reasonable time) is by default inherently granted by the game’s operators and facilitators (you, MySpace, etc). Anything less can easily be interpreted as fraud.
If the application you created is in violation of MySpace’s rules, regulations, or criteria then you can not only be brought to court with civil charges demanding the immediate reimbursement of funds to participants plus legal fees, but also you could suffer punitive damages. Due to the sheer number of participants who exchanged US Dollars for “Favor Points”, the claims would inevitably be consolidated into a class action lawsuit against you. Additionally, criminal charges can be filed.
Furthermore, if MySpace allowed your application to operate in violation of it’s policies (purposefully, or through its own incompetence) on as large of a scale as it did while allowing you to collect monetary compensation from it’s users then MySpace could also be held liable and can potentially suffer the ramifications of a very public class-action lawsuit aimed at punitive damages against MySpace or its parent company News Corp.
An explanation of the situation and a status update within 24 hours is highly recommended. Furthermore, if the “Mobsters” application is going to be offline indefinitely then the immediate return of all funds must be given to each individual user without request, otherwise the above legal scenario could easily become a reality.