Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2013 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Nintendo mass-claims revenue from YouTube 'Let's Play' videos]]>http://www.joystiq.com/2013/05/16/nintendo-mass-claims-revenue-from-youtube-lets-play-videos/http://www.joystiq.com/2013/05/16/nintendo-mass-claims-revenue-from-youtube-lets-play-videos/http://www.joystiq.com/2013/05/16/nintendo-mass-claims-revenue-from-youtube-lets-play-videos/#commentsNintendo massclaims revenue from YouTube 'Let's Play' videos A number of YouTube members report that Nintendo is issuing "Content ID Match" copyright claims en masse for videos featuring gameplay from its published titles.

The move appears to target the "Let's Play" community, in particular. Let's Play series authors often produce full video walkthroughs of featured games, with voiced or subtitled commentary accompanying gameplay.

When a "Content ID Match" is claimed for a YouTube clip, the claimant is given the right to place an advertisement at the beginning or the end of the video. Content ID Matches differ from DMCA takedown notices or outright video removals, in that matched videos remain viewable by the public and do not count as a copyright strike against their producers. All revenue earned from views, however, will go to the content's copyright owner, rather than the video uploader. The act is common for publishers like Activision, Electronic Arts, and Square Enix, but it's only recently that Nintendo has joined in the practice.

Multiple affected authors have come forward on Reddit to confirm Nintendo's new policy. To date, Nintendo's Content ID Matching spree seems to focus on recent releases like Super Mario 3D Land, Luigi's Mansion: Dark Moon, and New Super Mario Bros. U. Currently, Let's Play videos for older Nintendo-published games are unaffected.

Nintendo explains its position in a statement issued to GameFront: "As part of our on-going push to ensure Nintendo content is shared across social media channels in an appropriate and safe way, we became a YouTube partner and as such in February 2013 we registered our copyright content in the YouTube database.

"For most fan videos this will not result in any changes, however, for those videos featuring Nintendo-owned content, such as images or audio of a certain length, adverts will now appear at the beginning, next to or at the end of the clips. We continually want our fans to enjoy sharing Nintendo content on YouTube, and that is why, unlike other entertainment companies, we have chosen not to block people using our intellectual property."

JoystiqNintendo mass-claims revenue from YouTube 'Let's Play' videos originally appeared on Joystiq on Thu, 16 May 2013 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dscopyrightlets-playnew-super-mario-bros-unintendowii-uyoutubeThu, 16 May 2013 14:00:00 EST<![CDATA[Unlicensed My Little Pony fighter shut down by Hasbro]]>http://www.joystiq.com/2013/02/09/unlicensed-my-little-pony-fighter-shut-down/http://www.joystiq.com/2013/02/09/unlicensed-my-little-pony-fighter-shut-down/http://www.joystiq.com/2013/02/09/unlicensed-my-little-pony-fighter-shut-down/#comments
Indie developer/non-profit brony collective Mane6, the folks responsible for the unofficial My Little Pony fighting game MLP: Fighting is Magic, have received a cease and desist order from Hasbro Inc., according to its official blog. As a result, all Fighting is Magic related material has been stripped from Mane6's official YouTube channel and other online media portals.

"We have attempted negotiating with Hasbro for the continued use of the property in our non-profit, voluntary project, but so far we haven't received an answer," the update reads. "As such, we're complying with the contents of the C&D letter until we receive answer from their PR and/or Legal departments."

Whether development on the title continues behind the scenes remains uncertain. MLP: Fighting is Magic was one of the many games under consideration for this year's EVO 2013 Championship Series, with its community raising a total of $5,280 during the tournament's breast cancer research charity drive competition.

[Thanks, Aries!]

JoystiqUnlicensed My Little Pony fighter shut down by Hasbro originally appeared on Joystiq on Sat, 09 Feb 2013 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>cease-and-desistcopyrightfighting-gameHasbroMane6MLPMLP-Fighting-is-MagicMy-Little-PonypcunofficialSat, 09 Feb 2013 16:30:00 EST<![CDATA[Zynga files counterclaim against EA, EA calls it 'predictable subterfuge']]>http://www.joystiq.com/2012/09/15/zynga-files-counterclaim-against-ea-ea-calls-it-predictable-su/http://www.joystiq.com/2012/09/15/zynga-files-counterclaim-against-ea-ea-calls-it-predictable-su/http://www.joystiq.com/2012/09/15/zynga-files-counterclaim-against-ea-ea-calls-it-predictable-su/#comments Zynga officially responds to EA lawsuit, alleges antitrust violationsZynga has officially responded to EA's recent lawsuit over its claims of a "clear violation" of copyright regarding The Ville. General Counsel for Zynga Reggie Davis issued the following statement:

"Today we responded to EA's claims which we believe have no merit. We also filed a counterclaim which addresses actions by EA we believe to be anticompetitive and unlawful business practices, including legal threats and demands for no-hire agreements. We look forward to getting back to focusing all our efforts on delighting our players."

Reached for comment, EA spokesman John Reseburg told Joystiq, "This is a predictable subterfuge aimed at diverting attention from Zynga's persistent plagiarism of other artists and studios. Zynga would be better served trying to hold onto the shrinking number of employees they've got, rather than suing to acquire more."

Continue reading Zynga files counterclaim against EA, EA calls it 'predictable subterfuge'

JoystiqZynga files counterclaim against EA, EA calls it 'predictable subterfuge' originally appeared on Joystiq on Sat, 15 Sep 2012 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>anti-trustcopyrightEAElectronic-Artslawsuitpcthe-villeZyngaSat, 15 Sep 2012 13:30:00 EST<![CDATA[Novelist suing over Assassin's Creed has his lawyer respond to gamer rage]]>http://www.joystiq.com/2012/05/09/novelist-suing-over-assassins-creed-has-his-lawyer-respond-to-g/http://www.joystiq.com/2012/05/09/novelist-suing-over-assassins-creed-has-his-lawyer-respond-to-g/http://www.joystiq.com/2012/05/09/novelist-suing-over-assassins-creed-has-his-lawyer-respond-to-g/#comments ImageAuthor John Beiswenger poked the sleeping dragon that is the Internet when he filed a lawsuit against Ubisoft, claiming the Assassin's Creed franchise infringes on copyrights in his novel, Link. Namely, Beiswenger says Assassin's Creed stole themes such as "assassinations," "spiritual and biblical tones" and a battle between good and evil from Link, which was published five years prior to the first Assassin's Creed title.

Beiswenger is seeking up to $5.25 million in damages. The lawsuit could also delay the release of Assassin's Creed 3, a fact that wiped the grins from many a gamer's face and set a few (hundred) to review-bombing Beiswenger's Amazon pages.

Beiswenger's lawyer, Kelley Keller, has now responded to Eurogamer on the negative reaction and her client's claims:
"We understand that many gamers are upset about the litigation and potential for delay in the release of the next Assassin's Creed video game, and as a result of that anger have been posting negative comments on Amazon - and other forums - about our client and his novel Link. However, copyright laws exist to protect authors and creators from others who copy or create works that are, under the law, substantially similar; failure to enforce copyright laws renders them meaningless.

"The Amazon 'bombing,' storm of negative comments and threats to our client have no bearing on the appropriateness, merits or outcome of this suit. They have no material effect on the legal claims."
Keller says she believes the similarities in Link and Assassin's Creed are more than coincidence and that despite the five-year delay in filing charges, the lawsuit was brought within an applicable time period.

We don't know about you guys, but the only applicable time periods we see here are the American Revolution, and October 2012.

JoystiqNovelist suing over Assassin's Creed has his lawyer respond to gamer rage originally appeared on Joystiq on Wed, 09 May 2012 19:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>assassins-creed-3authorcopyrightjohn-beiswengerlawsuitlawyermicrosoftnovelistpcplaystationps3sueUbisoftxboxWed, 09 May 2012 19:15:00 EST<![CDATA[Ubisoft, Gametrailers sued in Assassin's Creed copyright infringement case]]>http://www.joystiq.com/2012/04/18/ubisoft-gametrailers-sued-in-assassins-creed-copyright-infring/http://www.joystiq.com/2012/04/18/ubisoft-gametrailers-sued-in-assassins-creed-copyright-infring/http://www.joystiq.com/2012/04/18/ubisoft-gametrailers-sued-in-assassins-creed-copyright-infring/#comments ImageAmerican author John Beiswenger has filed a copyright infringement lawsuit against Ubisoft and Gametrailers that claims the Assassin's Creed franchise stole core ideas from Beiswenger's novel, Link. Link was published in 2002 and the first Assassin's Creed game dropped in 2007.

Beiswenger claims the Animus in Assassin's Creed is a direct copy of his Link device, which allows users to access ancestral memories and relive specific moments in history, much as the Animus does. Beiswenger says his novel discusses "assassinations" and has "spiritual and biblical tones" also found in Assassin's Creed. And then there's the battle between good and evil that Beiswenger says Assassin's Creed stole right from the pages of Link.

Beiswenger is suing Gametrailers for the Assassin's Creed trailers that he says infringe on the same Link copyright. There are 11 counts against Ubisoft and Gametrailers in total, and only most of them made us laugh.

Beiswenger is seeking up to $5.25 million in damages and a cessation of further copyright infringement. We're pretty sure that second part is already happening, so perhaps Beiswenger will get something out of all this paperwork after all.

JoystiqUbisoft, Gametrailers sued in Assassin's Creed copyright infringement case originally appeared on Joystiq on Wed, 18 Apr 2012 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>animusAssassins-Creedassassins-creed-revelationscopyrightcopyright-infringementgametrailerslawsuitlinkmicrosoftnintendopcplaystationps3sueUbisoftwii-uxboxWed, 18 Apr 2012 14:30:00 EST<![CDATA['What's it like to have your indie game stolen?']]>http://www.joystiq.com/2012/03/16/whats-it-like-to-have-your-indie-game-stolen/http://www.joystiq.com/2012/03/16/whats-it-like-to-have-your-indie-game-stolen/http://www.joystiq.com/2012/03/16/whats-it-like-to-have-your-indie-game-stolen/#comments

No journalist, friend or decent human being wants to ask that question, especially not to an 18-year-old first-time developer who recently saw success as a student finalist in IGF 2012. Unfortunately, today we asked Mattia Traverso that very thing about his game One and One Story, after the events unfolded live on his Twitter feed: Traverso alerted the community that One and One Story had been counterfieted with "THEY STOLE MY GAME" and a succession of five tweets that included seven capitalized f-bombs.

One and One Story hadn't been cloned or copied, but it was completely stolen -- code, graphics and all. The group that stole it implemented a few unused assets that were hidden in the game file, Traverso told Joystiq, and its version has completely broken animations and stretched graphics.

"It's kind of hilarious," Traverso said hours after his initial discovery. But when he first got the Google Alert and tracked down the stolen game to the App Store this morning, Traverso didn't find anything about the situation amusing.

"I panicked. I didn't know what to do, so I screamed on Twitter," he said.

His screaming didn't go unnoticed and it drew the attention of other indies, including Canabalt's Adam Saltsman. Saltsman instructed Traverso to fill out a DMCA takedown, and two hours after his discovery Traverso was able to breathe a little easier.

Continue reading 'What's it like to have your indie game stolen?'

Joystiq'What's it like to have your indie game stolen?' originally appeared on Joystiq on Fri, 16 Mar 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>app-storeclonecopycopyrightcopyright-infringementDMCAigfigf-student-showcase-2012iosipadiphoneMattia-TraversoMaTXmobileOne-and-One-StorypcFri, 16 Mar 2012 21:00:00 EST<![CDATA[PIPA on hold in light of 'legitimate issues raised by many,' says Senate majority leader Harry Reid [update]]]>http://www.joystiq.com/2012/01/20/pipa-on-hold-in-light-of-legitimate-issues-raised-by-many-say/http://www.joystiq.com/2012/01/20/pipa-on-hold-in-light-of-legitimate-issues-raised-by-many-say/http://www.joystiq.com/2012/01/20/pipa-on-hold-in-light-of-legitimate-issues-raised-by-many-say/#comments It seems that the unending stream of protest from the internet, as well as from the meatspace, have helped to slow -- and potentially stop -- one of the broad reaching anti-piracy acts being proposed for legislation in the US Congress. An upcoming Senate vote on the Protect Intellectual Property Act (PIPA) has been postponed by Senate Majority leader Harry Reid (D-NV).

In a press release issued by Reid's office this morning, he cites "legitimate issues" brought up by protesters keeping the bill from being voted on, and calls on PIPA author and Vermont Senator Patrick Leahy to "continue engaging with all stakeholders to forge a balance between protecting Americans' intellectual property, and maintaining openness and innovation on the internet."

Reid remains "optimistic" that the Senate will work out any issues with the bill "in the coming weeks," but given the bill's sister act in the house (SOPA) also getting a big delay, we're not similarly optimistic about PIPA's reintroduction. Additionally, Reuters reports that a "senior Democratic aide" speaking on condition of anonymity claimed the act was unable to garner support among the Senate, thus abetting in this delay.

Update: House Judiciary Committee Chairman Lamar Smith (R-TX) issued a statement in response to the PIPA announcement, specifically addressing his SOPA bill in the House. "It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products." His complete statement can be found here.

[ER 09 via Shutterstock]

JoystiqPIPA on hold in light of 'legitimate issues raised by many,' says Senate majority leader Harry Reid [update] originally appeared on Joystiq on Fri, 20 Jan 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightharry-reidintellectual-propertylamar-smithpipaprotect-intellectual-property-actprotect-ipprotect-ip-actsenatesopaunited-states-senateus-senateFri, 20 Jan 2012 11:30:00 EST<![CDATA[The battle for Breakout's copyright]]>http://www.joystiq.com/2011/07/29/the-battle-for-breakouts-copyright/http://www.joystiq.com/2011/07/29/the-battle-for-breakouts-copyright/http://www.joystiq.com/2011/07/29/the-battle-for-breakouts-copyright/#comments Were we to say the word "Breakout" you'd probably get a pretty clear image in your head -- the image of Atari's 1976 block-breaking game (which both Steve Jobs and Steve Wozniak played significant roles in designing!) It may be totally distinctive, but it was once not seen as copyrightable.

In 1989, Atari brought legal action against Register of Copyrights Ralph Oman over the fact that he wouldn't give Atari a copyright on the game. The register, Patent Arcade reports, said that the elements of the game were "simple geometric shapes and coloring" and not enough "authorship" went into their production to be copyrightable. " "The idea . . . could have been expressed in expressive ways," a Register lawyer said during oral arguments for the case. "They could have added graphics to it. They could have had a brick wall that looked like a brick wall. They could have added ivy that was expressive."

It was future Supreme Court justice Ruth Bader Ginsburg who threw out that argument, citing the ball's variable, non-realistic-physics-based trajectory as a creative element of the game. And with that in mind, it was sent back to the Register for reconsideration. And thus Atari got the copyright that it could then use against other block-breaking games.

JoystiqThe battle for Breakout's copyright originally appeared on Joystiq on Fri, 29 Jul 2011 00:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ataribreakoutcopyrightretroFri, 29 Jul 2011 00:00:00 EST<![CDATA[Github removes PS3 jailbreak files after Sony sends DMCA takedown notice]]>http://www.joystiq.com/2011/01/31/github-removes-ps3-jailbreak-files-after-sony-dmca-takedown/http://www.joystiq.com/2011/01/31/github-removes-ps3-jailbreak-files-after-sony-dmca-takedown/http://www.joystiq.com/2011/01/31/github-removes-ps3-jailbreak-files-after-sony-dmca-takedown/#comments Removing files from the internet is about as difficult and futile a task as trying to remove an upsetting mental image from your thoughts -- elephants with spider faces! (Boom! That's in your mind now.) This isn't stopping Sony from trying its darndest to keep the PS3 jailbreak files from circulating. The company recently sent a Digital Millennium Copyright Act notice to Github -- a site for hosting super efficient Git files, designed to assist coders in collaborating over the web -- to remove the "Custom Firmware" files authored by George "GeoHot" Hotz.

Github acquiesced, removing the files in accordance with its policy concerning DMCA notices. Of course, in doing so ... the site also highlighted the filenames of each of the removed Custom Firmware components!

JoystiqGithub removes PS3 jailbreak files after Sony sends DMCA takedown notice originally appeared on Joystiq on Mon, 31 Jan 2011 17:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightcustom-firmwaredmcageohotgitgithubpiracyplaystationps3sonyMon, 31 Jan 2011 17:30:00 EST<![CDATA[Bungie web domains, copyright filings discovered for 'Seven Seraphs,' 'Osiris,' 'New Monarchy,' and 'Dead Orbit']]>http://www.joystiq.com/2011/01/11/bungie-seven-seraphs-osiris-new-monarchy-dead-orbit/http://www.joystiq.com/2011/01/11/bungie-seven-seraphs-osiris-new-monarchy-dead-orbit/http://www.joystiq.com/2011/01/11/bungie-seven-seraphs-osiris-new-monarchy-dead-orbit/#comments This past summer, while we were busy jamming to Beach Boys classics and getting our tan on, Bungie was secretly filing copyright claims for a handful of previously unheard phrases and associating web domains with each. "Seven Seraphs," "Osiris," "New Monarchy," and "Dead Orbit" were all copyrighted by the developer, and domain registrations have been spotted. Like the previous "Bungie Aerospace" domain registration, a third-party company was paid to handle the paperwork, lest a paper trail lead back to Bungie (ahem).

Supererogatory discovered the domain registrations and copyright filings, and noted that while the phrase's descriptions denote them as "artwork," that description can also include "all sorts of promotional and marketing, like logos." Perhaps logos for that super secret Activision project (the one that might have a persistent world)? We just don't know (yet).

JoystiqBungie web domains, copyright filings discovered for 'Seven Seraphs,' 'Osiris,' 'New Monarchy,' and 'Dead Orbit' originally appeared on Joystiq on Tue, 11 Jan 2011 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionbungiecopyrightdead-orbitdomain-registrationnew-monarchyosirisseven-seraphsweb-domainTue, 11 Jan 2011 12:30:00 EST<![CDATA[Xbox-modder trial underway, no plea bargain offered [update: case dismissed!]]]>http://www.joystiq.com/2010/12/02/xbox-modder-trial-underway-no-plea-bargain-offered/http://www.joystiq.com/2010/12/02/xbox-modder-trial-underway-no-plea-bargain-offered/http://www.joystiq.com/2010/12/02/xbox-modder-trial-underway-no-plea-bargain-offered/#commentsThe landmark jury trial of Matthew Crippen, indicted on two federal counts last fall for running a side-business in which he modded Xbox 360s at his home, began yesterday with opening statements in a Los Angeles court. Wired's colorful report of U.S. District Judge Philip Gutierrez's colorful reaction to the prosecution's case suggested that the government could be headed toward a deal with Crippen during an early-afternoon recess.

"I really don't understand what we're doing here," Gutierrez apparently "roared," as he ripped into the prosecution. The judge questioned government prosecutors' use of two witnesses who may have broken the law themselves and prosecutors' instructions to the jury that it was unnecessary to prove Crippen had knowingly breached the Digital Millennium Copyright Act. The judge apparently backtracked on an earlier ruling that had prohibited a "fair use" defense (i.e., modding for back-up or homebrew purposes). "The only way to be able to play copied games is to circumvent the technology," Gutierrez said. "How about back-up games and the homebrewed?"

However, prosecutors returned from recess yesterday determined to convict Crippen, 28, on two counts of violating the DMCA (for a maximum sentence of ten years) by proving he knew he was breaking the law. ESA investigator Tony Rosario was called to the stand to recount how he had visited Crippen's Anaheim, Calif. home in 2008 and paid the defendant $60 to mod an Xbox 360. Rosario secretly videotaped the procedure -- which the defense argues is a violation of the state's privacy law -- though he did not capture video evidence of Crippen allegedly playing a pirated game on the modded console (nor did he include this supposed fact in his original report or sworn declarations). Still, the prosecution offered up a pile of a 150 pirated games, apparently seized by authorities from Crippen's home, which it hoped would show jurors that the defendant had a clear understanding that he was involved in illegal activity.

Rosario is expected to return to the stand today, followed by two additional prosecution witnesses: a federal agent, who also allegedly paid Crippen to mod a 360, and a Microsoft employee, a so-called expert on Xbox security (and self-admitted modder in his younger days). The defense is scheduled to begin its case tomorrow.

Follow the drama on Wired's Threat Level blog. Update: Prosecutors dismissed their case today, Wired reports, saying their decision was "based on fairness and justice" (read: they made errors). "It still has not hit me yet," Crippen said outside of the courtroom.

[Pictured: Matthew Crippen; photo credit: David Kravets/Wired.com]

JoystiqXbox-modder trial underway, no plea bargain offered [update: case dismissed!] originally appeared on Joystiq on Thu, 02 Dec 2010 15:22:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>allen-chiucallie-steelecopyrightdmcaesafair-usehackerhackingken-mcgraillawlegallos-angelesmatthew-crippenmicrosoftmoddermoddingmodsphilip-gutierrezpiracytony-rosariotrialus-district-courtxboxThu, 02 Dec 2010 15:22:00 EST<![CDATA[Starbreeze and EA partnership revealed by Syndicate copyright docs]]>http://www.joystiq.com/2010/04/14/starbreeze-and-ea-partnership-revealed-by-syndicate-copyright-do/http://www.joystiq.com/2010/04/14/starbreeze-and-ea-partnership-revealed-by-syndicate-copyright-do/http://www.joystiq.com/2010/04/14/starbreeze-and-ea-partnership-revealed-by-syndicate-copyright-do/#comments Given the years of back and forth we've seen over the possibility of an updated Syndicate for current-gen consoles, we're looking at the handful of recently discovered copyright documents -- that seemingly reveal a collaboration between Starbreeze Studios and EA -- with a fair amount of skepticism. Internet supersleuth Supererogatory spotted the three filings on the US Copyright Office website (confirmed by Joystiq this morning, though not linkable), each for the title "Syndicate" and one of which is co-filed by EA and Starbreeze.

Back in 2008, the two companies officially announced that they were working together on revisiting one of EA's "most acclaimed classic franchises," dubbing the collaboration "Project RedLime" (and leaving us to speculate on what that classic franchise might be). We've reached out to both EA and Starbreeze for comment on the filings and will let you know if we hear anything back.

(What next, an XCom revival? Oh.)

JoystiqStarbreeze and EA partnership revealed by Syndicate copyright docs originally appeared on Joystiq on Wed, 14 Apr 2010 09:42:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>copyrighteaElectronic-Artsproject-redlimestarbreezestarbreeze-studiossyndicateus-copyright-officeWed, 14 Apr 2010 09:42:00 EST<![CDATA[EA: Rumors of lawsuit over South Park episode are 'nonsense']]>http://www.joystiq.com/2010/03/22/ea-rumors-of-lawsuit-over-south-park-episode-are-nonsense/http://www.joystiq.com/2010/03/22/ea-rumors-of-lawsuit-over-south-park-episode-are-nonsense/http://www.joystiq.com/2010/03/22/ea-rumors-of-lawsuit-over-south-park-episode-are-nonsense/#comments Today, a recent post on Daily Informer was brought to our attention, which reports that EA has decided to sue over a recent South Park episode, "Sexual Healing." The episode in question shows a mock-up of Tiger Woods PGA Tour 11, mixing in some ridiculous fighting elements (involving the wife he cheated on) into the golf sim portion of the game. It's really over-the-top, akin to the show's usual satire practices.

We contacted EA to get to the bottom of this, to which an EA spokesperson commented the rumored impending lawsuit is "nonsense." So, there you have it: EA is not suing over the episode. Nothing else to see here -- move along.

JoystiqEA: Rumors of lawsuit over South Park episode are 'nonsense' originally appeared on Joystiq on Mon, 22 Mar 2010 14:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>copyrightcopyright-infringementea-sportslawsuitMicrosoftsouth-parksouth-park-studiostiger-woodstiger-woods-pga-tour-11Xbox-360Mon, 22 Mar 2010 14:00:00 EST<![CDATA[New Line Cinema options rights for film adaptation of Heavy Rain]]>http://www.joystiq.com/2010/02/27/new-line-cinema-options-rights-for-film-adaptation-of-heavy-rain/http://www.joystiq.com/2010/02/27/new-line-cinema-options-rights-for-film-adaptation-of-heavy-rain/http://www.joystiq.com/2010/02/27/new-line-cinema-options-rights-for-film-adaptation-of-heavy-rain/#comments What if Heavy Rain, which is so often heralded by creator David Cage as "interactive fiction," was just a bit less interactive? Is the game's story and cast of vaguely-French-sounding characters strong enough to carry a feature-length film? We might just find out, some day -- internet super-sleuth superannuation recently uncovered copyright documents which reveal that New Line Productions optioned the rights to turn Heavy Rain into a movie on May 15, 2006 -- just a few days after "The Casting" trailer (NSFW) was revealed at E3.

This doesn't ensure the development of a Heavy Rain movie, of course; it only means if any film studio makes the film, it's going to be New Line Cinema. We think the rights are in good hands -- New Line did some great work on the film adaptations of those Lord of the Rings games.

JoystiqNew Line Cinema options rights for film adaptation of Heavy Rain originally appeared on Joystiq on Sat, 27 Feb 2010 16:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>adaptationcopyrightdavid-cagefilmheavy-rainInteractive-Dramanew-line-cinemaoptionquantic-dreamSCESCEASonySony-Computer-EntertainmentSony-Computer-Entertainment-AmericaSat, 27 Feb 2010 16:00:00 EST<![CDATA[LGJ: Dante's Infringement (or lack thereof)]]>http://www.joystiq.com/2010/02/16/lgj-dantes-infringement-or-lack-thereof/http://www.joystiq.com/2010/02/16/lgj-dantes-infringement-or-lack-thereof/http://www.joystiq.com/2010/02/16/lgj-dantes-infringement-or-lack-thereof/#commentsFiled under:

Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:

While I'm still waiting for my copy of Dante's Inferno, I have been checking out the review sites, Achievement guides and message boards in preparation for the arrival of the game. One question that keeps being asked over and over again, between many different boards, is "How is EA not being sued over this game?" While the overwhelming majority of these posts reference God of War, I have even seen mention of a "license" to Inferno (as a part of the Divine Comedy). Before I begin, I know many people might have issue with me writing this before playing, but I can assure you between the videos available online and the demo, I've experienced enough of the game to be able to come to a simple conclusion: No infringement here.

Let's get the latter, more absurd suggestion off the table first. There's not now, nor will there ever a be, a license to Inferno, the epic poem by Dante. Why is that? It's a part of the public domain. It, as a work, would have been eligible for copyright had such laws been in place at the time, but even with the modern expansive rules, the copyright would have ended hundreds of year ago. After all, taking the normal 'life of the author plus 70 years' for works created after 1978 in the US, 70 years after Dante's death was 1391. We're well past 600 years after Dante's death at this point; in fact, 2021 will mark the 700 year anniversary of Dante's death, 10 times the length granted by statute. So, this particular statement was absurd even for forum posts, but the idea that Dante's Inferno infringes on God of War isn't much more sound.

Continue reading LGJ: Dante's Infringement (or lack thereof)

JoystiqLGJ: Dante's Infringement (or lack thereof) originally appeared on Joystiq on Tue, 16 Feb 2010 03:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightdantes-infernogod-of-wargod-of-war-3god-of-war-iiiinfringementlawlaw-of-the-gamelawsuitlgjTue, 16 Feb 2010 03:00:00 EST<![CDATA[LGJ: Wait, it's not a derivative?]]>http://www.joystiq.com/2010/01/29/lgj-wait-its-not-a-derivative/http://www.joystiq.com/2010/01/29/lgj-wait-its-not-a-derivative/http://www.joystiq.com/2010/01/29/lgj-wait-its-not-a-derivative/#commentsFiled under:

Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:

I noticed an interesting point brought up in the comments to the last LGJ: that the new NBA Jam was certainly a derivative work, so even if the trademark issue weren't a problem, the holder of the copyright to the original game could certainly bring suit for copyright infringement. Given that no one seems to know who acquired those rights in the Midway dissolution, I can see why this is brought up as an issue. However, a deeper look at the derivative works analysis suggests that EA's NBA Jam might not be a derivative at all; of course, much of this depends on the final product, which we have yet to see.

The old standby statement that sequels are derivative works is, for the most part, a true one in the broad context of all copyrighted works. After all, sequels to books and movies are derivatives, or at least I cannot think of a single sequel that is not one in those media. And for the most part, game sequels are derivatives as well, but not always. And to understand the difference, you have to look at what a derivative work is, what it isn't, and how sequels are different in a book and movie context than they can be in a game context.

Continue reading LGJ: Wait, it's not a derivative?

JoystiqLGJ: Wait, it's not a derivative? originally appeared on Joystiq on Fri, 29 Jan 2010 08:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightderivative-workderivativeslawlaw-of-the-gamelgjnba-jamFri, 29 Jan 2010 08:00:00 EST<![CDATA[LGJ: Cross-Licensing Complications]]>http://www.joystiq.com/2009/12/29/lgj-cross-licensing-complications/http://www.joystiq.com/2009/12/29/lgj-cross-licensing-complications/http://www.joystiq.com/2009/12/29/lgj-cross-licensing-complications/#commentsFiled under:

Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
You may have seen the news that ASCAP, one of the major music licensing groups, is asking for royalties over Guitar Hero arcade units because they view them as jukeboxes. This kind of story demonstrates a gray area that LGJ has touched on before: music down stream licensing in games. Given just how nebulous and complex this can be, it seems as though this is an appropriate time to discuss the issue in full. It's a complexity that speaks to the age of the industry, and just how many elements out there really haven't been sorted out as well as other media, like movies and television, have. It's also something that doesn't just affect game developers, but also establishment owners and musicians, like frequent Guitar Hero artist An Endless Sporadic.

This is one of those instances where there are so many moving pieces it's difficult to determine the most logical point to begin. The idea of collective music licensing is probably as good a place as any. Copyright law dictates that the creator of a work holds certain rights to that work, which we've discussed at length in LGJ. Based on those rights, if you want to integrate a copyrighted work into another work, you would need a license. As you could imagine, however, if you're creating a film or running a radio station, tracking down each and every artist for every song you want to use would be a labor intensive process that would likely never end. Enter companies like ASCAP and BMI as the solution to that very problem.

Continue reading LGJ: Cross-Licensing Complications

JoystiqLGJ: Cross-Licensing Complications originally appeared on Joystiq on Tue, 29 Dec 2009 00:01:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>arcadecopyrightguitar-herolawlaw-of-the-gamelgjmusicmusic-gamesTue, 29 Dec 2009 00:01:00 EST<![CDATA[LGJ: IP Police, Arrest this man, He talks in torrents]]>http://www.joystiq.com/2009/12/05/lgj-ip-police-arrest-this-man-he-talks-in-torrents/http://www.joystiq.com/2009/12/05/lgj-ip-police-arrest-this-man-he-talks-in-torrents/http://www.joystiq.com/2009/12/05/lgj-ip-police-arrest-this-man-he-talks-in-torrents/#commentsFiled under:

Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
[Image Source]
I would imagine anyone reading this column has seen the coverage of the UK government's plan to create a "Pirate Finder General" and other new anti-piracy activities. The Pirate Finder General would have exceptionally broad powers to find and punish pirates with little supervision in an almost Judge Dredd-esque "I am the law!" kind of way. Of course, the whole matter is couched as a necessary measure to protect rights holders, ignoring what impact the ability to permanently revoke use of the internet might have on the average household. To me, this is just another sign of the times in the constantly tumultuous intellectual property ecosystem. While the situation could certainly turn out poorly for our friends in the UK, could something like this ever happen in the United States? The answer might not be as clear cut as you think.

We have been over intellectual property topics of all shapes and sizes in the history of LGJ, and the one universal truth is that intellectual property rights exist for one reason: to balance the rights needed by IP producers to be able to profit from their work with the rights needed by IP consumers to be able to enjoy those works. The concept of intellectual property has never been about granting unlimited power to rights holders, nor unrestricted access to consumers. However, since the advent of the Internet, we have been in the middle of a digital arms race between pirates and various parts of the entertainment industry, which we have seen to have substantial resources and connections given some of the legal changes like the UK law cited above or the infamous Anti-Counterfeiting Trade Agreement. Both sides have, at times, taken unsustainable or unrealistic positions, be that utopian unrestricted access to all intellectual property or draconian restrictions to simple use, like the position that ripping a CD you purchased to your iPod is copyright infringement.

Continue reading LGJ: IP Police, Arrest this man, He talks in torrents

JoystiqLGJ: IP Police, Arrest this man, He talks in torrents originally appeared on Joystiq on Sat, 05 Dec 2009 00:01:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightintellectual-propertylawlaw-of-the-gamelgjpiracypiracy-solutionsSat, 05 Dec 2009 00:01:00 EST<![CDATA[Nintendo investigating possible copyright infringement in new Nokia smartphone]]>http://www.joystiq.com/2009/11/29/nintendo-investigating-possible-copyright-infringement-in-new-no/http://www.joystiq.com/2009/11/29/nintendo-investigating-possible-copyright-infringement-in-new-no/http://www.joystiq.com/2009/11/29/nintendo-investigating-possible-copyright-infringement-in-new-no/#comments
Nintendo's says it will investigate possible copyright infringement in Nokia's N900 smartphone after a Nokia blog post showcased the device playing retro games through the use of an emulator application. According to Edge, the video (which is no longer available) featured someone playing Super Mario World and Super Mario Bros. 3, and also showed off buttons that supposedly opened emulators for Nintendo's Game Boy, Game Boy Advance, NES and SNES.

Nintendo UK PR manager Robert Saunders told Edge the company was unaware of the smartphone's emulation feature and stated that Nintendo would take "rigorous steps" to protect its intellectual property. "Our legal team will examine this to determine if any infringement has taken place," Saunders added. Even if the feature ends up on the cutting room floor, we imagine some crafty hackers are already taking steps to get emulation software working on the Nokia device. Just like they do with everything else.

JoystiqNintendo investigating possible copyright infringement in new Nokia smartphone originally appeared on Joystiq on Sun, 29 Nov 2009 23:30:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>businesscopyrightcopyright-infringementemulationintellectual-propertylegalnintendonokiaromsSun, 29 Nov 2009 23:30:00 EST<![CDATA[Fallout 3's 'Vault Boy' now delivering pizza, copyright infringement]]>http://www.joystiq.com/2009/11/16/fallout-3s-vault-boy-now-delivering-pizza-copyright-infringe/http://www.joystiq.com/2009/11/16/fallout-3s-vault-boy-now-delivering-pizza-copyright-infringe/http://www.joystiq.com/2009/11/16/fallout-3s-vault-boy-now-delivering-pizza-copyright-infringe/#comments Ever since Fallout 3's Vault Boy went to space in Mothership Zeta, we've been at a loss for where to find the congenial gent. Alas, we never expected to see his mercurial face gracing the cover of a Massachusetts pizza shop's menu. Expresso Pizza of Billerica, Ma. put the young lad to work on the menu's cover, holding a pizza and pretending he's a waiter. We all know you're a Capital Wasteland Wanderer, silly Vault Boy!

The only question now is "How long until Bethesda shuts this down?" We contacted the Fallout publisher to find out its reaction, and were told, "Well he is a big part of our Fallout brand and is copyrighted, so, yeah, deciding on your own to use him to promote your business or product, or to sell stuff, or whatever, without getting permission from us ... not a good idea." Ruh oh!

(Thanks, Dan)

[Via BadCartridge]

JoystiqFallout 3's 'Vault Boy' now delivering pizza, copyright infringement originally appeared on Joystiq on Mon, 16 Nov 2009 22:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>badcartridgebethesdaBethesda-Game-Studiosbethesda-softworkscopyrightcopyright-infringementexpresso-pizzafalloutfallout-3massachusettspizzaredditRPGvault-boyMon, 16 Nov 2009 22:00:00 EST<![CDATA[LGJ: 3D Dot Game Infringement]]>http://www.joystiq.com/2009/10/10/lgj-3d-dot-game-infringement/http://www.joystiq.com/2009/10/10/lgj-3d-dot-game-infringement/http://www.joystiq.com/2009/10/10/lgj-3d-dot-game-infringement/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
If you're like me, then you've likely been following Joystiq's coverage of 3D Dot Game Heroes and thinking "I really, really hope this gets translated and released in the US." After all, if you're a gamer like me then you love the idea of a 3D homage to the 2D games you grew up with. Of course, it's less likely that you're a lawyer like me, and so it's also less likely that you read through the comments and had an immediate reaction to the countless cries of copyright infringement in the game. Those repetitive, vocal cries have brought me to this column, which aims to answer the big question: is 3D Dot Game Heroes copyright infringement?

Let me start off by saying the analysis here is just my opinion, and a court could always find otherwise. Where this discussion really needs to start is what elements seem to be infringing. Now would be a good time to view the trailer or some screenshots, if you haven't yet. The main complaints I've heard, and can see from the trailer, are the environments (both overworld and dungeon) bear a striking resemblance to the Zelda universe (The Legend of Zelda and Link to the Past, specifically), while the hero characters bear a striking resemblance to those from the Final Fantasy and Dragon Warrior past. Some of the monsters also bear quite a resemblance to Zelda baddies. And, of course, the music is certainly inspired by classic Zelda music. So, case closed, right? Well, no, that's not how copyright infringement works.

Continue reading LGJ: 3D Dot Game Infringement

JoystiqLGJ: 3D Dot Game Infringement originally appeared on Joystiq on Sat, 10 Oct 2009 01:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3d-dot-game-heroes3d-game-heroesAtluscopycatcopyrightcopyright infringementCopyrightInfringementlawlaw-of-the-gamelgjSilicon-StudioSat, 10 Oct 2009 01:00:00 EST<![CDATA[LGJ: First Sale and Digital Distribution]]>http://www.joystiq.com/2009/08/13/lgj-first-sale-and-digital-distribution/http://www.joystiq.com/2009/08/13/lgj-first-sale-and-digital-distribution/http://www.joystiq.com/2009/08/13/lgj-first-sale-and-digital-distribution/#commentsEach week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


Ever since the Glider opinion was handed down late last year, there's been a resurgence of calls for courts to uphold the first sale doctrine with regard to all software. One such suit, featured in the latest Jurimetrics, concerned ligation over consumers as "owners" versus "licensees," since different copyright rights are granted based on the particular status. The court determined that players were licensees, thus negating certain rights of owners. We've talked about first sale before in LGJ, but generally in the context of retail products. In the context of retail games, no matter where you stand on the "owner" versus "licensee" position, nothing is stopping you from reselling the copy of the game you purchased.

Digital distribution changes this dynamic dramatically, however. As digital distribution mechanisms become more and more popular, it seems inevitable that the courts will have to eventually weigh in further on the owner versus licensee question. In fact, if those who run digital distribution systems wish to steer well clear of potential government involvement in their businesses, inclusion of certain features may mitigate the first sale question so that consumers have more rights and aren't in need of protection in that regard.

Continue reading LGJ: First Sale and Digital Distribution

JoystiqLGJ: First Sale and Digital Distribution originally appeared on Joystiq on Thu, 13 Aug 2009 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightdigital-distributionfirst-sale-doctrinelawlaw-of-the-gamelgjlicenselicensingThu, 13 Aug 2009 20:00:00 EST<![CDATA[Revenge of Shinobi's Spider-Man cleverly disguised]]>http://www.joystiq.com/2009/08/10/revenge-of-shinobis-spider-man-cleverly-disguised/http://www.joystiq.com/2009/08/10/revenge-of-shinobis-spider-man-cleverly-disguised/http://www.joystiq.com/2009/08/10/revenge-of-shinobis-spider-man-cleverly-disguised/#commentsWe were delighted to hear that The Revenge of Shinobi would be coming out on the Virtual Console in Europe, though we were very curious about how Sega would get around the inclusion of Spider-Man, for whom the company once had Marvel's permission.

As Nintendo Life reveals, Sega solved the copyright issue the way many of us solve chili issues: with a thick coat of Pepto-Bismol. The Spider-Man boss is now solid pink! Other pop-culture-based bosses had already been altered in previous cartridge releases to be a bit more legally distinct -- for example, Batman became more of a bat monster.

JoystiqRevenge of Shinobi's Spider-Man cleverly disguised originally appeared on Joystiq on Mon, 10 Aug 2009 16:25:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>copyrighteuroperevenge-of-shinobisegaspider-manthe-revenge-of-shinobivirtual-consoleMon, 10 Aug 2009 16:25:00 EST<![CDATA[LGJ: Fan sequel? Still not legal.]]>http://www.joystiq.com/2009/07/21/lgj-fan-sequel-still-not-legal/http://www.joystiq.com/2009/07/21/lgj-fan-sequel-still-not-legal/http://www.joystiq.com/2009/07/21/lgj-fan-sequel-still-not-legal/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:



Lots of news has been popping up lately about fan-made sequels to some of the most beloved games of bygone days, Chrono Trigger and Star Fox being just two of the more notable examples. As most of you have likely noticed, these games follow a pretty predictable pattern: a bunch of fans put in a ton of work on a sequel to their favorite game, those fans tell other fans until that project ends up getting noticed by the blog-o-sphere, and then the lawyers of the original game maker eventually squash the project to an often loud outcry from the fan community. It's the 21st century re-telling of the fan fiction legal drama, and when it comes to copyright law, the story really hasn't changed.

This all relates back to those rights that make up copyright, which we've discussed on a number of occasions in this very column. In fact, the primary right is the control over derivative works, the very same right that is often cited in the machinima realm. In short, the holder of a copyright has the right to control works based on the work protected by copyright, such as sequels and prequels. That would seemingly address all fan sequels, correct? If the issue were that cut and dry, I likely wouldn't be taking the time to write a column on it.

Continue reading LGJ: Fan sequel? Still not legal.

JoystiqLGJ: Fan sequel? Still not legal. originally appeared on Joystiq on Tue, 21 Jul 2009 23:59:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightcopyright infringementCopyrightInfringementfan-fictionfan-madelawlaw-of-the-gamelawsuitTue, 21 Jul 2009 23:59:00 EST<![CDATA[LGJ: If 24 songs = $1.9 million, then 1 game = ?]]>http://www.joystiq.com/2009/06/24/lgj-if-24-songs-1-9-million-then-1-game/http://www.joystiq.com/2009/06/24/lgj-if-24-songs-1-9-million-then-1-game/http://www.joystiq.com/2009/06/24/lgj-if-24-songs-1-9-million-then-1-game/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


Maybe you heard about the verdict that just came out in one of the music file-sharing cases: $1.9 million for 24 songs. So, what does this have to do with gaming? More than you would probably imagine, since this gets to the root of copyright and statutory damages. In fact, EFF legal scholar Fred von Lohmann posted an interesting piece on whether the penalty is even Constitutional. Whether this is the suit that breaks the back of statutory damages has yet to be seen, but it's something that any media producer or consumer should be keeping an eye on.

Of course, much of that may be getting ahead of the issue of explaining this decision in greater depth so that everyone can understand what the actual problem is. We've talked about copyright infringement and piracy at length on LGJ, and the issue here is what comes after someone is found to have infringed on a copyrighted work: damages. Specifically, we're talking about statutory damages, which something a lot of people may not be very familiar with at all.

Continue reading LGJ: If 24 songs = $1.9 million, then 1 game = ?

JoystiqLGJ: If 24 songs = $1.9 million, then 1 game = ? originally appeared on Joystiq on Wed, 24 Jun 2009 23:59:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightcopyright-infringementcopyright-lawdamageslawlaw-of-the-gamelawsuitpiracyriaaRIAA-lawsuitWed, 24 Jun 2009 23:59:00 EST<![CDATA[DS flash carts a form of 'information terrorism,' says Japanese trade group]]>http://www.joystiq.com/2009/05/20/ds-flash-carts-a-form-of-information-terrorism-says-japanese/http://www.joystiq.com/2009/05/20/ds-flash-carts-a-form-of-information-terrorism-says-japanese/http://www.joystiq.com/2009/05/20/ds-flash-carts-a-form-of-information-terrorism-says-japanese/#commentsJapan's Association of Copyright for Computer Software president Yutaka Kubota expressed to Famitsu grave concerns about the proliferation and use of Nintendo DS flash cart devices, such as the R4DS.

Referring to the volume of illegally downloaded DS software, Kubota remarked, "It's not a matter of numbers anymore," adding, "The fact is that you can download any Nintendo DS game as much as you want, so there's no way to even calculate the damage. This is an issue that affects our national interests, and personally, I see it as a form of information terrorism that is crushing Japan's industry."

In the interview translated by 1UP, Kubota called on the magazine's readers to stand firm against piracy, saying, "I want them to be aware that unless we do something, nobody will be able to make the games they love to play. Not only will gamers wanting to play new games not be able to play anything, but people who want to join the game industry in the future will have their dreams trampled upon."

Japan's laws do not currently forbid the purchase of devices like the R4, nor the downloading of commercial software for use with them. A new copyright bill under review would make it illegal to download copyrighted media, but doesn't expressly give authorities the right to arrest offenders.

JoystiqDS flash carts a form of 'information terrorism,' says Japanese trade group originally appeared on Joystiq on Wed, 20 May 2009 17:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>association-of-copyright-for-computer-softwarecopyrightDSflash-cartjapanlawNintendopiracyr4Wed, 20 May 2009 17:00:00 EST<![CDATA[LGJ: Unlicensed games and the DMCA]]>http://www.joystiq.com/2009/03/09/lgj-unlicensed-games-and-the-dmca/http://www.joystiq.com/2009/03/09/lgj-unlicensed-games-and-the-dmca/http://www.joystiq.com/2009/03/09/lgj-unlicensed-games-and-the-dmca/#commentsEach week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


Fans of retro games or even just videos about retro games are familiar with the "unlicensed" games that existed on bygone systems like NES and SNES. These titles include a number of "Bible games" and more risque offerings like Bubble Bath Babes (box art pictured above). What's of particular interest to me, though, is how unlicensed games were ever "allowed" in the first place, and how more recent legal requirements more or less eliminate the possibility of new unlicensed titles in the retail marketplace.

We can trace unlicensed games back to the US game industry's so-called "crash" in the early 1980s. At the time, the console market was basically an open playing field. If you wanted to make a game for an Atari console, you just made it. This led to the widely publicized over-saturation of low quality titles, which killed consumer confidence in the home games market. Remember, back then, there was no Joystiq.com -- let alone the other copious resources used to research a game before purchasing. So, when Nintendo came to the US and almost single-handedly brought the video game industry back from the dead, the company decided to take certain quality control measures to prevent repeating Atari's mistakes.

Continue reading LGJ: Unlicensed games and the DMCA

JoystiqLGJ: Unlicensed games and the DMCA originally appeared on Joystiq on Mon, 09 Mar 2009 18:29:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bubble-bath-babescolumnscopyrightdigital-millenium-copyright-actdmcalawlaw-of-the-gamelgjnesretrounlicensedMon, 09 Mar 2009 18:29:00 EST<![CDATA[LGJ: Revising Piracy Strategy]]>http://www.joystiq.com/2008/12/19/lgj-revising-piracy-strategy/http://www.joystiq.com/2008/12/19/lgj-revising-piracy-strategy/http://www.joystiq.com/2008/12/19/lgj-revising-piracy-strategy/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:



I've talked about piracy in a number of LGJ pieces over the course of 2008. In most of those, I've criticized many approaches to stemming the tide of piracy, not only in games but in other related media as well. I'm not sure if I have any readers at the RIAA, but it appears the music industry has decided to opt for a strategy more in line with what I've described, according to the Wall Street Journal (via GamePolitics). It's definately a move in the right direction for a number of reasons, but would the same apporach work for the game industry? And would it be the right approach?

Let's start by examining the reported new RIAA strategy, which really makes two key changes. First, it alters the strategy to request ISPs issue warnings to file sharers, and then those who continue stand to have their service cut off. The second change is that this strategy goes into action when the RIAA, to quote the article, 'finds a provider's customers making music available online for others to take.' In short, rather than focusing on the demand, they're focusing on the supply. The RIAA does reserve the right to sue repeat offenders, but by and large, they're using the threat of loss of internet as their main punishment rather than lawsuits.

Continue reading LGJ: Revising Piracy Strategy

JoystiqLGJ: Revising Piracy Strategy originally appeared on Joystiq on Fri, 19 Dec 2008 20:55:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightlawlaw-of-the-gamelawsuitpiracypiracysolutionsFri, 19 Dec 2008 20:55:00 EST<![CDATA[LGJ: The Name Game]]>http://www.joystiq.com/2008/11/27/lgj-the-name-game/http://www.joystiq.com/2008/11/27/lgj-the-name-game/http://www.joystiq.com/2008/11/27/lgj-the-name-game/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


I received an e-mail this week asking a common question I've neglected to answer in LGJ to date. The question is generally what laws prevent a game developer from using actual car/gun names in their titles? There's also a follow-up question that generally asked about whether this is the same in movies, especially as it relates to cars. The answer to this question is relatively straightforward, and it's one of trademark law. At least, the answer starts in trademark law.

Continue reading LGJ: The Name Game

JoystiqLGJ: The Name Game originally appeared on Joystiq on Thu, 27 Nov 2008 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightdesign-patentlawlaw-of-the-gamepatenttrade-dresstrademarktrademarksThu, 27 Nov 2008 20:00:00 EST<![CDATA[LGJ: User Content Continued]]>http://www.joystiq.com/2008/11/17/lgj-user-content-continued/http://www.joystiq.com/2008/11/17/lgj-user-content-continued/http://www.joystiq.com/2008/11/17/lgj-user-content-continued/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:



Between Guitar Hero: World Tour and Little Big Planet, user content is king going into this holiday season. Last time on LGJ, we talked about the issue of the rights of the user. This week, I wanted to take the opposite approach and hopefully outline the legal issues that make Microsoft and Sony's lawyers cringe. These are the reasons for the complex terms of use and mildly mysterious disappearances of some content from the sharing servers. While there are a myriad of potential legal theories that could be employed if someone wanted to sue based on user content, I'm going to focus on what I think are the more likely and/or more plausible ones.

In case you're still living in a dial-up world and haven't experienced user content, the basics are fairly simple: People who play the game create content and upload it for others to use. In the games I mentioned above, that content is put up on servers for the game maintained either by the network (PSN, Xbox Live) or by the developer/publisher. This content varies by game, but it may be new levels, scenarios, maps, or songs. The content is based on in-game editing tools, and has been really successful in games like Halo 3 with Forge. It can also help develop a community around the game and extend the shelf life of the title.

Continue reading LGJ: User Content Continued

JoystiqLGJ: User Content Continued originally appeared on Joystiq on Mon, 17 Nov 2008 21:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightcopyright infringementCopyrightInfringementguitar-hero-world-tourjoystiqfeatureslawlaw-of-the-gamelittlebigplanetMon, 17 Nov 2008 21:30:00 EST<![CDATA[LGJ: User Content Creation Crisis]]>http://www.joystiq.com/2008/11/03/lgj-user-content-creation-crisis/http://www.joystiq.com/2008/11/03/lgj-user-content-creation-crisis/http://www.joystiq.com/2008/11/03/lgj-user-content-creation-crisis/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


It appears there has been a bit of a controversy over the recent changes to the PSN Terms of Service with regard to user-generated content, which seems to be at least in part tied to the release of the Sackboy epic Little Big Planet. Of course, user-created content is nothing new, and neither is the management of the licenses associated with that content. However, it seems like as good a time as ever to discuss the issue of managing the intellectual property rights of user created content and what that can mean for you, the user, and them, the game companies.

I guess we should get back to basics, though I'll skip the intellectual property primer this time around. When users create content for games, they're creating intellectual property that would likely qualify as a derivative work. After all, what good is the content outside of the game? Some types of mods are more derivative than others, depending on how much is taken from the original work. But the point remains, it's at some level a derivative work. In this case, however, there is at least an implicit authorization for the user to create the work based on the virtue of the developer giving the user the tools to do so. In this way, we're not dealing with a situation identical to, say, machinima.

Continue reading LGJ: User Content Creation Crisis

JoystiqLGJ: User Content Creation Crisis originally appeared on Joystiq on Mon, 03 Nov 2008 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightintellectual-propertylawlaw-of-the-gamelicensinglittle-big-planetuser-generated-contentMon, 03 Nov 2008 19:00:00 EST<![CDATA[LGJ: First Sale, Re-Sale, Everything's on SALE!]]>http://www.joystiq.com/2008/10/17/lgj-first-sale-re-sale-everythings-on-sale/http://www.joystiq.com/2008/10/17/lgj-first-sale-re-sale-everythings-on-sale/http://www.joystiq.com/2008/10/17/lgj-first-sale-re-sale-everythings-on-sale/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


While it seems like the rest of the known universe is busy talking about subprime mortgages and bailouts, the game industry and associated news outlets have been talking about sales. Specifically, they've been talking about resales, and how that's affected by the first sale doctrine. The most recent development has been talk of incentives to buy Gears of War 2 new, but even that's in the wake of the recent comments from Marty O'Donnell, which has been commented on in other columns on Joystiq. Of course, none of this quite gets to the root of the issue: What is this first sale doctrine and why does it exist? More importantly, assuming it applies to all kinds of software, is there another way to accomplish what we're doing now within those legal constraints?

So, let's start at square one. The first sale doctrine is a rule which says, in short, that once an item that is copyrighted is first sold, then the author no longer has the ability to prevent the resale of that item through copyright law. Without the first sale rule, a copyright holder could theoretically continue to control the item because copyright includes the right of distribution. The first sale doctrine, however, does not protect someone who bought an item if they're illegally reproducing it, for example. It only allows for the legitimate resale of the item itself. The courts have even recently held that this idea extends to demo CDs marked not for resale.

Continue reading LGJ: First Sale, Re-Sale, Everything's on SALE!

JoystiqLGJ: First Sale, Re-Sale, Everything's on SALE! originally appeared on Joystiq on Fri, 17 Oct 2008 10:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightfirst-sale-doctrinejoystiqfeatureslawlaw-of-the-gameFri, 17 Oct 2008 10:30:00 EST<![CDATA[LGJ: The PRO-IP Act and Gaming]]>http://www.joystiq.com/2008/10/10/lgj-the-pro-ip-act-and-gaming/http://www.joystiq.com/2008/10/10/lgj-the-pro-ip-act-and-gaming/http://www.joystiq.com/2008/10/10/lgj-the-pro-ip-act-and-gaming/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


Congress has recently passed the Prioritizing Resources and Organization for Intellectual Property Act (the "PRO-IP Act"). While it has not been signed by the President yet, it seems as it's only a matter of time before the Act has the force of law. The PRO-IP Act does three things, generally: 1) it increases the penalties for infringement by expanding what is considered a 'work;' 2) it broadens the ability of the government to permanently seize goods; and 3) it creates an Intellectual Property Enforcement Coordinator, a new cabinet position whose sole job is to increase intellectual property enforcement. In short, it's a load of bad news for consumers, but really, it's not that much good news for many intellectual property owners either, as I'll explain. Because this act is so broad and will be applied in so many ways, I'm actually writing two articles about it. Here on Joystiq, I will be covering the PRO-IP Act as it relates to gaming while on Law of the Game, my blog, I've (shameless plug) posted an article discussing the act as it applies to other media.

I consider myself to be in a pretty neutral position with respect to weighing the pros and cons of various IP regulations. I'm a consumer, I represent producers, and as a writer, I'm a producer myself. Being in that position, I've always admired the game industry for typically not being in favor of or enforcing the most draconian regulations to their fullest extent. In that respect, many game companies and gamers seem to understand that their relationship is symbiotic. Without one, the other would not be able to function. And with that understanding, the majority of gamers and game producers see the need for some intellectual property protection but also see the need for reasonable protection to balance the interests of the producer and consumer. And in that respect, the PRO-IP Act starts to shift the balance in ways that aren't necessarily desirable for either, but are certainly not desirable to the consumer.

Continue reading LGJ: The PRO-IP Act and Gaming

JoystiqLGJ: The PRO-IP Act and Gaming originally appeared on Joystiq on Fri, 10 Oct 2008 08:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrightcopyright-infringementintellectual-propertylawlaw-of-the-gamepro-ip-actFri, 10 Oct 2008 08:00:00 EST<![CDATA[Guitar Hero World Tour won't condone your awful cover songs]]>http://www.joystiq.com/2008/09/29/guitar-hero-world-tour-wont-condone-your-awful-cover-songs/http://www.joystiq.com/2008/09/29/guitar-hero-world-tour-wont-condone-your-awful-cover-songs/http://www.joystiq.com/2008/09/29/guitar-hero-world-tour-wont-condone-your-awful-cover-songs/#commentsFiled under: , , , ,


"We can't condone people putting up covers of music. It's really there for original content." That's the word from Guitar Hero World Tour director Brian Bright, who's well aware that his upcoming game's music creator may also double as a copyright infringer. Speaking to 1UP, Bright explained that uploaded, custom-made tunes will be monitored by Activision and indiscriminately yanked should they contain any suspiciously familiar riffs.

"If there's a licensed song and someone holds the copyright to it, we'll take it down regardless of whether or not someone complains," added Bright. We sincerely hope this gives you pause before you decide to share your unoriginal, ill-advised rendition of "Motel" California with the rest of the world.

Guitar Hero World Tour and its 86 master tracks are out on October 26th.

JoystiqGuitar Hero World Tour won't condone your awful cover songs originally appeared on Joystiq on Mon, 29 Sep 2008 16:25:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>ActivisionBrian-BrightCopyrightGuitar-HeroGuitar-Hero-World-TourNeversoftPS2PS3WiiXbox-360Mon, 29 Sep 2008 16:25:00 EST<![CDATA[LittleBigPlanet to feature personal 'copyright' system]]>http://www.joystiq.com/2008/08/26/littlebigplanet-to-feature-personal-copyright-system/http://www.joystiq.com/2008/08/26/littlebigplanet-to-feature-personal-copyright-system/http://www.joystiq.com/2008/08/26/littlebigplanet-to-feature-personal-copyright-system/#commentsFiled under:


We love it when games like Soul Calibur IV challenge us to add a personal touch to our favorite pastime, whether it be in creating our own fighters or stitching together a brand new level. But if there's anything this bounty of creative tools and user-generated content has shown us, it's that people aren't very original. When they're done recreating all of Nintendo's intellectual properties, they'll likely start copying, editing and spreading all of your creations too. They must be stopped!

Thankfully, the PlayStation 3's impossibly cute platformer, LittleBigPlanet, will feature its own "copyright" system for user-generated items. "You can basically dictate the distribution rights on any object you create," Media Molecule's Alex Evans tells Eurogamer. "If you put something in your level as a collectable item, people can collect it. People can control who comes into the level, both by how hard it is and by giving away keys, but you can also choose whether to copyright that object."

Items sans copyright can be modified and shared with wild abandon (perfect for the inevitable penises!), while those cherished by the creator must be collected and remain within the confines of the user's level. Which is probably just a recreation of Super Mario Bros. World 1-1 anyway.

JoystiqLittleBigPlanet to feature personal 'copyright' system originally appeared on Joystiq on Tue, 26 Aug 2008 16:30:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>CopyrightLBPLittleBigPlanetMedia-MoleculePlatformerPS3User-generated-contentTue, 26 Aug 2008 16:30:00 EST<![CDATA[Song used in GameCube commercial spurs lawsuit]]>http://www.joystiq.com/2008/06/25/song-used-in-gamecube-commercial-spurs-lawsuit/http://www.joystiq.com/2008/06/25/song-used-in-gamecube-commercial-spurs-lawsuit/http://www.joystiq.com/2008/06/25/song-used-in-gamecube-commercial-spurs-lawsuit/#commentsFiled under:


Another day, another lawsuit.

This time, the big N is the one under the legal knife -- or was, since the plaintiff dropped the case a week after filing it for currently unknown reasons. Filed on June 12th and dropped on June 18th, Morgan Creek Productions felt that Nintendo's use of a song in a Paper Mario: The Thousand Year Door commercial violated copyright laws, as the song was used without proper authorization.

The tune in question is "You're So Cool" by Hans Zimmer, which appeared in the film True Romance. The complaint cites that Nintendo played the commercial "sometime within the past three years," which isn't very specific. This could be one possible reason why the suit was dropped, unless the companies happened to reach a quick, under-the-table settlement.

In any case, you can watch the "offending" commercial above.

[Via Game Politics]

JoystiqSong used in GameCube commercial spurs lawsuit originally appeared on Joystiq on Wed, 25 Jun 2008 14:45:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>copyrightcopyright-infringementgamecubehans-zimmerlawsuitmorgan-creek-productionstrue-romanceyoure-so-coolWed, 25 Jun 2008 14:45:00 EST<![CDATA[Law of the Game on Joystiq: May the Enforce Be With You]]>http://www.joystiq.com/2008/06/11/law-of-the-game-on-joystiq-may-the-enforce-be-with-you/http://www.joystiq.com/2008/06/11/law-of-the-game-on-joystiq-may-the-enforce-be-with-you/http://www.joystiq.com/2008/06/11/law-of-the-game-on-joystiq-may-the-enforce-be-with-you/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


Today we're going to discuss enforcement of intellectual property, which is a much deeper topic than simply "what is it going to cost me?" There are enforcement considerations on both sides of the issue, and it's often a rather sticky situation for the rights holder in a copyright scenario. Interestingly enough, there are some pretty important economic and public relations considerations with regard to enforcement as well as the legal ones.

There's a burden trademark owners face that isn't applied to copyright holders, specifically that those who don't protect trademarks lose them. Copyrights, on the other hand, aren't lost in this way. Theoretically, a copyright can only be lost once the time period for the copyright has elapsed, though recovery may soon be limited on so-called "orphan works" whose authors are difficult to locate. Alternatively, a copyright holder can formally release a work into the public domain, which is the equivalent of "abandonment" of a copyright.

Continue reading Law of the Game on Joystiq: May the Enforce Be With You

JoystiqLaw of the Game on Joystiq: May the Enforce Be With You originally appeared on Joystiq on Wed, 11 Jun 2008 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrightcopyright-infringementenforcementintelectual-propertyjoystiqfeatureslawlaw-of-the-gameWed, 11 Jun 2008 20:00:00 EST<![CDATA[Law of the Game on Joystiq: Much Ado About Game Night]]>http://www.joystiq.com/2008/06/04/law-of-the-game-on-joystiq-much-ado-about-game-night/http://www.joystiq.com/2008/06/04/law-of-the-game-on-joystiq-much-ado-about-game-night/http://www.joystiq.com/2008/06/04/law-of-the-game-on-joystiq-much-ado-about-game-night/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


Ah, the library (the place with books, not the bar). The once quiet and relaxing readers' domain has moved into the digital age, now containing computers and video games. In fact, a number of non-profits, like libraries, churches, and schools, have all found video game based events worthwhile to attract players of all ages to their establishments, or to add more entertainment to an existing event. GamePolitics actually raised an interesting question I had also received from a reader related to library and church game nights, specifically: What are the potential ramifications of holding these events from a copyright and EULA perspective?

It's actually a very good question, albeit one with a fairly nebulous answer. As was pointed out by the GamePolitics piece, there are licensing services that will acquire the proper license for the public performance of a movie. Similarly, groups like ASCAP have well established licensing procedures for music. The reasoning is that public display and performance are within the bundle of rights a copyright holder has. Therefore, in order to publicly display something, you need to have the copyright holder's permission in the form of a license. Of course, if it were this simple, I wouldn't be writing a column about it.

Continue reading Law of the Game on Joystiq: Much Ado About Game Night

JoystiqLaw of the Game on Joystiq: Much Ado About Game Night originally appeared on Joystiq on Wed, 04 Jun 2008 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrightcopyright-infringementeulalawlaw-of-the-gamelicenselicensingWed, 04 Jun 2008 20:00:00 EST<![CDATA[Law of the Game on Joystiq: Legal machinations of machinima]]>http://www.joystiq.com/2008/05/29/law-of-the-game-on-joystiq-legal-machinations-of-machinima/http://www.joystiq.com/2008/05/29/law-of-the-game-on-joystiq-legal-machinations-of-machinima/http://www.joystiq.com/2008/05/29/law-of-the-game-on-joystiq-legal-machinations-of-machinima/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


It's only fitting that during the same week Red vs. Blue: Reconstruction premiers, Law of the Game on Joystiq would finally get to the topic of machinima. The game-based machinima issue boils down to one of copyrights and licensing. To be more specific, there are issues of copyright involved in all machinima productions, which give a need for licensing; which are addressed by Microsoft and Blizzard by means of a "machinima policy."

For those of you who have been living in a cave -- on Mars! -- since 2003 (the year Red vs. Blue stormed the internet), machinima is the use of a pre-rendered engine to make a film. It's often been compared to digital puppetry. It's become a popular art form, in part because it minimizes production costs and requirements, and in part because it often utilizes games that people enjoy. Of course, because the art often makes use of someone else's game engine or game assets, there are a lot of copyright issues involved. Thankfully, both Microsoft and Blizzard have made many of these concerns much simpler by publishing machinima policies.

Continue reading Law of the Game on Joystiq: Legal machinations of machinima

JoystiqLaw of the Game on Joystiq: Legal machinations of machinima originally appeared on Joystiq on Thu, 29 May 2008 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrightlawlaw-of-the-gamelicensemachinimaThu, 29 May 2008 18:00:00 EST<![CDATA[Law of the Game on Joystiq: Used to be Fair]]>http://www.joystiq.com/2008/05/22/law-of-the-game-on-joystiq-used-to-be-fair/http://www.joystiq.com/2008/05/22/law-of-the-game-on-joystiq-used-to-be-fair/http://www.joystiq.com/2008/05/22/law-of-the-game-on-joystiq-used-to-be-fair/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


Based on the comments to the last few copyright-oriented columns, it seems like everyone wants to talk about fair use. In fact, fair use is one of the most misunderstood aspects of intellectual property law, even though it's popular to play the "fair use" card in response to alleged infringement. Much of the confusion stems from the fact that there are different fair uses of copyrights and trademarks; still, other confusion stems from the fact that many of the tests for what qualifies as fair use are not terribly clear -- but I'll be clearing much of this up for you today ... hopefully.

For the most part, trademark fair use is far simpler to understand than copyright fair use, so trademarks will be our first stop. Simply put, it is fair to use a trademark nominatively or for identification. That means if you re-sell a BMW, you are allowed to refer to it as a BMW. If you're writing a book or game dialog, you are allowed to refer to brand names. You are also allowed to refer to brand names in comparative advertising too; for example: "Our console has more games than the PlayStation 3!" or "Our hardware is more powerful than the Nintendo Wii!" or "Our system is more fun than the Xbox360!" Now that I've angered all the fanboys, that's pretty much the entire universe of trademark fair use. Copyright fair use, on the other hand, is far more complicated.

Continue reading Law of the Game on Joystiq: Used to be Fair

JoystiqLaw of the Game on Joystiq: Used to be Fair originally appeared on Joystiq on Thu, 22 May 2008 13:55:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrightcopyright-infringementfair-usejoystiqfeatureslawlaw-of-the-gametrademarkThu, 22 May 2008 13:55:00 EST