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[Microsoft cleared of Motorola patent violation claim]]>http://www.joystiq.com/2013/05/24/microsoft-cleared-of-motorola-patent-violation-claim/http://www.joystiq.com/2013/05/24/microsoft-cleared-of-motorola-patent-violation-claim/http://www.joystiq.com/2013/05/24/microsoft-cleared-of-motorola-patent-violation-claim/#comments The International Trade Commission has decided not to review the decision made last March by the administrative law judge presiding over Motorola's patent infringement case against Microsoft, thereby validating the judge's findings - which were in favor of Microsoft - and closing the case, Engadget reports.

The initial scuffle, first filed in 2010, claimed that Microsoft had infringed upon five of Motorola Mobility's patents. Four patents were dropped from the case during the course of the proceedings, the last remaining patent covering peer-to-peer communication between wireless devices.

Originally, ITC judge David Shaw ruled in favor of Motorola and subsequently recommended a ban on Xbox imports into the US. Then, in June of last year, the ITC remanded the decision back to the administrative law judge and asked him to take another look, effectively starting the process all over again. His second ruling, this time in favor of Microsoft, was delivered last March and will be the final word on the subject, now that the ITC has declined the opportunity to review his decision.

JoystiqMicrosoft cleared of Motorola patent violation claim originally appeared on Joystiq on Fri, 24 May 2013 21:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>international-trade-commissionITCkinectlawlawsuitlegalmicrosoftmotorolaMotorola-MobilitypatentxboxFri, 24 May 2013 21:40:00 EST<![CDATA[Keyboard Cat, Nyan Cat creators file lawsuit over Scribblenauts cameos]]>http://www.joystiq.com/2013/05/02/keyboard-cat-nyan-cat-creators-file-lawsuit-over-scribblenauts/http://www.joystiq.com/2013/05/02/keyboard-cat-nyan-cat-creators-file-lawsuit-over-scribblenauts/http://www.joystiq.com/2013/05/02/keyboard-cat-nyan-cat-creators-file-lawsuit-over-scribblenauts/#commentsKeyboard Cat, Nyan Cat creators file lawsuit over Scribblenauts cameos Nyan Cat creator Christopher Orlando Torres and Keyboard Cat's owner Charles Schmidt have filed a copyright and trademark infringement lawsuit against Warner Bros. and 5th Cell over their creations' appearances in the Scribblenauts series.

The complaint, filed on April 22nd, alleges that developer 5th Cell did not seek permission to include either copyrighted character in their published products or in related promotional material. The original Nyan Cat and Keyboard Cat videos have each been viewed tens of millions of times on YouTube, making them "extremely valuable for commercial uses," according to the complaint.

"Plaintiffs claim that Warner Bros and 5th Cell's trademark infringement was willful and intentional and are requesting an award of treble damages and requesting the case be deemed exception under 15 U.S.C. § 1117(a), thereby entitling Plaintiffs to an award of reasonable attorneys' fees," intellectual property-focused attorney blog Milord & Associates notes.

Plaintiffs Schmidt and Torres additionally seek an injunction against the sale of Scribblenauts products until the matter is resolved.

The Scribblenauts series allows players to summon a wide variety of memes during gameplay, for both practical purposes and comedic effect. Keyboard Cat has appeared in every series entry to date, while Nyan Cat is a more recent addition, appearing only in Scribblenauts Unlimited.

JoystiqKeyboard Cat, Nyan Cat creators file lawsuit over Scribblenauts cameos originally appeared on Joystiq on Thu, 02 May 2013 17:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dskeyboard-catlawsuitmemesnintendonyan-catpcScribblenautsscribblenauts-remixscribblenauts-unlimitedwii-uThu, 02 May 2013 17:45:00 EST<![CDATA[John Madden Football designer's lawsuit against EA going to court]]>http://www.joystiq.com/2013/04/30/john-madden-football-designers-lawsuit-against-ea-going-to-cour/http://www.joystiq.com/2013/04/30/john-madden-football-designers-lawsuit-against-ea-going-to-cour/http://www.joystiq.com/2013/04/30/john-madden-football-designers-lawsuit-against-ea-going-to-cour/#commentsMadden lawsuit going to court Robin Antonick, designer of John Madden Football for 8-bit computers, will have his case against EA proceed to trial June 17, after a federal judge denied EA's motion to dismiss Antonick's lawsuit. Antonick filed in 2011, seeking royalties and a cut of profits from the Madden series' subsequent success.

"We have very compelling evidence indicating that EA used Mr. Antonick's ground-breaking code and design elements as the basis for both past and present Madden NFL titles," Robert Carey, one of Antonick's attorneys, said in a press release. "Yet, EA has failed to compensate him as required by his agreement or give him proper credit for his work. We look forward to proving our case at trial, and we are very confident that we will prevail." Antonick claims he signed a deal with EA in 1986 entitling him to royalties from derivative works, and claims that the later Madden games all count as derivative from his game.

[Image: Mobygames]

Continue reading John Madden Football designer's lawsuit against EA going to court

JoystiqJohn Madden Football designer's lawsuit against EA going to court originally appeared on Joystiq on Tue, 30 Apr 2013 17:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>eaea-sportsjohn-madden-footballlawsuitrobin-antonickTue, 30 Apr 2013 17:15:00 EST<![CDATA[Double Fine, Codemasters, former president Rubin, more seeking payment from THQ]]>http://www.joystiq.com/2013/04/26/double-fine-codemasters-former-president-rubin-more-seeking-p/http://www.joystiq.com/2013/04/26/double-fine-codemasters-former-president-rubin-more-seeking-p/http://www.joystiq.com/2013/04/26/double-fine-codemasters-former-president-rubin-more-seeking-p/#comments THQ may be no more, but several parties have filed claims against the defunct video game publisher. The Kurtzman Carson Consultancy group shows Double Fine, Codemasters and even individual former executives Jason Kay and Jason Rubin are seeking financial compensation for unpaid obligations from THQ

Double Fine (PDF link) is looking for $595,000, claiming THQ offered up Stacking and Costume Quest as free PlayStation Plus downloads without Double Fine's knowledge, and that none of the PS Plus revenue was shared. Codemasters (PDF link) is looking for an exact $1,002,714.25, seeking reimbursement for unpaid royalties and storing quantities of Bodycount, Dirt 3 and F1 2011 discs in a warehouse somewhere. Kay (PDF link) and Rubin (PDF link) are seeking $2.1 million each for failed "employment obligations." The two claim unpaid vacation time, sick leave and severance.

THQ's final assets were auctioned off for nearly $7 million earlier this week, including Darksiders, Homeworld and the Drawn to Life series. The results of the first auction were posted in January, facilitating the transfer of ownership for Saints Row 4, Homefront, Company of Heroes 2 and more.

JoystiqDouble Fine, Codemasters, former president Rubin, more seeking payment from THQ originally appeared on Joystiq on Fri, 26 Apr 2013 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bodycountclaimcodemasterscostume-questdirt-3double-finef1-2011jason-kayjason-rubinlawsuitstackingthqFri, 26 Apr 2013 16:30:00 EST<![CDATA[PSN class action settled in Canada, users can claim benefits]]>http://www.joystiq.com/2013/04/19/psn-class-action-settled-in-canada-users-can-claim-benefits/http://www.joystiq.com/2013/04/19/psn-class-action-settled-in-canada-users-can-claim-benefits/http://www.joystiq.com/2013/04/19/psn-class-action-settled-in-canada-users-can-claim-benefits/#comments While payouts are still pending the Ontario Superior Court of Justice, Sony has settled in a class action lawsuit over the PSN hack and outage in 2011. If you were affected by the outage (i.e. if you had a PSN, Qriocity, or SOE account in 2011, and you're in Canada) you can fill out a claim form here.

If you stopped using your PSN account after the hack, you can ask for the contents of your wallet to be reimbursed. If you kept your PSN account and participated in the "Welcome Back" promotion, you can choose an additional game from a list consisting mostly of the "Welcome Back" games, or you can choose three dynamic PSN themes, or half off three months of PlayStation Plus. Qriocity accounts are entitled to one additional free month. SOE accounts can request repayment of wallet balances for no-longer-used accounts, or $4.50 in "Station Cash."

There is a separate claim form for PSN users who suffered losses from identity theft as part of the hack.

JoystiqPSN class action settled in Canada, users can claim benefits originally appeared on Joystiq on Fri, 19 Apr 2013 15:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>canadaclass-actionlawsuitplaystationplaystation-networkps3psnpsn-outage-2011Fri, 19 Apr 2013 15:30:00 EST<![CDATA[TimeGate loses SouthPeak appeal, faces $7.3M in damages]]>http://www.joystiq.com/2013/04/18/timegate-loses-southpeak-appeal/http://www.joystiq.com/2013/04/18/timegate-loses-southpeak-appeal/http://www.joystiq.com/2013/04/18/timegate-loses-southpeak-appeal/#comments TimeGate Studios lost the latest round in court of its battle against publisher SouthPeak Interactive, which could result in the studio paying $7.35 million in damages and losing the Section 8 intellectual property. Polygon obtained the court documents that SouthPeak recently won its appeal of arbitration handled early last year.

The two companies have been fighting in court since 2009, when TimeGate sued SouthPeak for embezzling royalties and SouthPeak took on Timegate for fraudulent misrepresentation in its publishing agreement.

TimeGate most recently co-developed Aliens: Colonial Marines and laid off 25 employees. It is currently working on the free-to-play shooter Minimum. Meanwhile, Southpeak is busy... um, looks like it's busy making money through litigation. The publisher hasn't produced a game since Stronghold 3 in 2011 according to its own website.

JoystiqTimeGate loses SouthPeak appeal, faces $7.3M in damages originally appeared on Joystiq on Thu, 18 Apr 2013 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>courtlawlawsuitsection-8southpeaksouthpeak-interactivetimegateTimeGate-StudiosThu, 18 Apr 2013 11:00:00 EST<![CDATA[Ubisoft Montpellier artist challenges dismissal over caricatures of management]]>http://www.joystiq.com/2013/04/12/ubisoft-montpellier-artist-challenges-dismissal-over-caricatures/http://www.joystiq.com/2013/04/12/ubisoft-montpellier-artist-challenges-dismissal-over-caricatures/http://www.joystiq.com/2013/04/12/ubisoft-montpellier-artist-challenges-dismissal-over-caricatures/#comments Ubisoft Montepllier artist challenges unfair dismissal over caricatures of managementAfter being dismissed for illustrating caricatures of his Ubisoft Montpellier managers, artist Alain 'Gaston' Rémy has decided to challenge the terms of the December 2012 decision.

In a report filed by France 3's news desk, the former Ubisoft employee says that the illustrations were done for humor and notes none of the caricatures were ever made public, according to a translation of the original story. Working with Ubisoft for a total of six years, Gaston's primary focus at the studio was working on the publisher's Rabbids franchise. A French labor court is expected to make its decision on the matter on July 26.

Gaston's library of work includes a slew of comics and animation projects, all with an embellished humorous style, as seen above.

JoystiqUbisoft Montpellier artist challenges dismissal over caricatures of management originally appeared on Joystiq on Fri, 12 Apr 2013 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Alain-RemyGastonLawsuitUbisoft-MontpellierFri, 12 Apr 2013 20:00:00 EST<![CDATA[Patent troll Lodsys sues Gameloft, Disney and more for using in-app purchases]]>http://www.joystiq.com/2013/04/08/patent-troll-lodsys-sues-gameloft-disney-and-more-for-using-in/http://www.joystiq.com/2013/04/08/patent-troll-lodsys-sues-gameloft-disney-and-more-for-using-in/http://www.joystiq.com/2013/04/08/patent-troll-lodsys-sues-gameloft-disney-and-more-for-using-in/#comments Patent troll Lodsys sues Gameloft, Disney and more for ingame app purchasesA company named Lodsys has filed suit against a number of mobile game developers, including Gameloft, Gamevil, and Disney, claiming that they're infringing on patents describing the technology behind in-app purchases. Lodsys is well known for its patent battles, previously filing suits against a number of smaller iOS developers, which forced Apple to get involved to say that it had already licensed Lodsys' patents and any other claims were superfluous. That case is scheduled to go to trial later this year.

The new lawsuits all name one specific title from each company: Gameloft is targeted for the in-app purchases in Real Soccer 2012, and Disney's suit mentions Where's My Water? [pictured]. The Electronic Frontier Foundation has also posted about the lawsuits, calling Lodsys a "patent troll" and asking for legal help to fight the company.

JoystiqPatent troll Lodsys sues Gameloft, Disney and more for using in-app purchases originally appeared on Joystiq on Mon, 08 Apr 2013 20:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androiddevelopersdisneygameloftgameviliosipadiphonelawsuitlegallodsysmobilepatentpatent-trollpatentspocket-gemsMon, 08 Apr 2013 20:30:00 EST<![CDATA[Nintendo loses lawsuit over 3DS patent infringement]]>http://www.joystiq.com/2013/03/13/nintendo-loses-lawsuit-over-3ds-patent-infringement/http://www.joystiq.com/2013/03/13/nintendo-loses-lawsuit-over-3ds-patent-infringement/http://www.joystiq.com/2013/03/13/nintendo-loses-lawsuit-over-3ds-patent-infringement/#comments A federal jury has found Nintendo guilty of infringing on the 3D display patent of Seijiro Tomita of Tomita Technologies, awarding Tomita $30.2 million in damages.

Tomita first filed the lawsuit back in 2011 - his patent for "technology relating to displaying stereoscopic images on-screen for viewing with the naked eye, i.e., without utilizing glasses or other devices" was originally filed in 2003 and granted in 2008.

JoystiqNintendo loses lawsuit over 3DS patent infringement originally appeared on Joystiq on Wed, 13 Mar 2013 19:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dslawsuitnintendopatentseijiro-tomitatomita-technologiesWed, 13 Mar 2013 19:15:00 EST<![CDATA[Schilling asks judge to throw out lawsuit over $75 million loan]]>http://www.joystiq.com/2013/03/04/schilling-asks-judge-to-throw-out-lawsuit-over-75-million-loan/http://www.joystiq.com/2013/03/04/schilling-asks-judge-to-throw-out-lawsuit-over-75-million-loan/http://www.joystiq.com/2013/03/04/schilling-asks-judge-to-throw-out-lawsuit-over-75-million-loan/#comments Curt Schilling, founder of defunct 38 Studios, asked a judge to throw out The Rhode Island Economic Development Corporation's lawsuit that alleges Schilling and studio executives misled the agency in securing a $75 million taxpayer-guaranteed loan. The lawsuit accuses Schilling and his crew of fraud, racketeering and conspiracy.

Schilling's lawyers filed documents on Friday to Superior Court Judge Michael Silverstein, asking him to throw out the lawsuit. The documents claim Schilling and other board members repeatedly disclosed 38 Studios' financial situation to the EDC, and that the EDC knew $75 million wouldn't be enough to finish its MMO, Project Copernicus.

"Given the EDC's admissions concerning 38 Studios' disclosures to the EDC's executives, attorneys and financial advisor, it is impossible for the EDC simultaneously to claim that the 38 Studios defendants supposedly defrauded the EDC," the filing reads.

JoystiqSchilling asks judge to throw out lawsuit over $75 million loan originally appeared on Joystiq on Mon, 04 Mar 2013 19:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>38-studioscurt-schillingedclawsuitrhode-islandrhode-island-economic-development-corporationMon, 04 Mar 2013 19:15:00 EST<![CDATA[EA and Zynga settle The Ville lawsuits]]>http://www.joystiq.com/2013/02/15/ea-and-zynga-settle-the-ville-lawsuits/http://www.joystiq.com/2013/02/15/ea-and-zynga-settle-the-ville-lawsuits/http://www.joystiq.com/2013/02/15/ea-and-zynga-settle-the-ville-lawsuits/#comments Highlights from EA's lawsuit against ZyngaElectronic Arts and Zynga have settled their legal kerfuffle, which began when the former sued the social games giant for what it called a "clear violation" of copyright laws over similarities between games. Details on the settlement are lacking, but InsideSocialGames has a statement from Zynga that it has resolved its respective claims with EA and "reached a settlement" in the Northern District of California.

The legal drama kicked off last August when EA sued Zynga over the similarities between Zynga's recently released The Ville and EA's The Sims Social. The evidence against Zynga was stacked pretty high. This was the first time a giant like EA had stepped into the ring to take on the culture of cloning, which Zynga had been accused of in the past.

A month later, Zynga filed a counterclaim against EA over the similarities between CityVille and SimCity Social. We'll update with settlement terms when he receive them.

JoystiqEA and Zynga settle The Ville lawsuits originally appeared on Joystiq on Fri, 15 Feb 2013 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>eaelectronic-artslawsuitpcthe-simsthe-sims-3the-villezyngaFri, 15 Feb 2013 15:00:00 EST<![CDATA[Axl Rose's Guitar Hero 3 lawsuit dismissed]]>http://www.joystiq.com/2013/02/11/axl-roses-guitar-hero-3-lawsuit-dismissed/http://www.joystiq.com/2013/02/11/axl-roses-guitar-hero-3-lawsuit-dismissed/http://www.joystiq.com/2013/02/11/axl-roses-guitar-hero-3-lawsuit-dismissed/#comments The last vestige of Guns N Roses lead singer Axl Rose's lawsuit against Activision has been dismissed, reports the San Marino Tribune. Originally filed in 2010, Rose's suit alleged that Guitar Hero 3 associated the song "Welcome to the Jungle" with former GNR guitarist Slash. According to Rose, the association constituted both fraud and breach of contract.

The judge tossed the fraud claim out of court last year, as the statute of limitations had expired. According to today's report, Judge Charles Palmer has dismissed the breach of contract claim as well.

Thus ends another case in the litany of lawsuits filed against Activision over its music games. Let's recount, shall we?Oh, and as for the Guitar Hero franchise itself: Dead.

JoystiqAxl Rose's Guitar Hero 3 lawsuit dismissed originally appeared on Joystiq on Mon, 11 Feb 2013 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionaxl-roseGH3GH3-Legends-Of-Rockguitar-heroGuitar-Hero-3Guitar-Hero-3-Legends-Of-RocklawsuitLegends-Of-Rockmicrosoftnintendoplaystationps3wiixboxMon, 11 Feb 2013 12:30:00 EST<![CDATA[Sony and Kevin Butler actor settle lawsuit over Bridgestone ads]]>http://www.joystiq.com/2013/01/17/sony-and-kevin-butler-actor-settle-lawsuit-over-bridgestone-ads/http://www.joystiq.com/2013/01/17/sony-and-kevin-butler-actor-settle-lawsuit-over-bridgestone-ads/http://www.joystiq.com/2013/01/17/sony-and-kevin-butler-actor-settle-lawsuit-over-bridgestone-ads/#comments Sony and Jerry Lambert, the actor who plays Sony's eccentric Kevin Butler spokesman, settled their lawsuit. Lambert admitted his appearance in a Bridgestone commercial playing a Wii may have confused some consumers, thinking the Kevin Butler character endorsed both Nintendo and Sony.

Sony sued Lambert in October based on violations of the Lanham Act, misappropriation, breach of contract and tortious interference with a contractual relationship. Bridgestone denied that the Kevin Butler character appeared in any of its commercials, but removed Lambert from its ads.

As part of the settlement, Lambert agreed to not appear in any advertisements that feature or mention "any other video game or computer entertainment system or video game company" for two years. For two years after that, Lambert must notify Sony if he wants to appear in gaming ads so Sony can assess whether his intended performance will infringe on the Kevin Butler character.

Though Lambert and Sony settled, Sony and Bridgestone's lawsuit remains ongoing in the US District Court for the Northern District of California.

JoystiqSony and Kevin Butler actor settle lawsuit over Bridgestone ads originally appeared on Joystiq on Thu, 17 Jan 2013 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>jerry-lambertkevin-butlerlawsuitmovenintendoplaystationplaystation-vitaps3pspsonyvitawiiwii-uThu, 17 Jan 2013 12:30:00 EST<![CDATA[Court rules Netflix receives unfair advantage in GameFly postal dispute]]>http://www.joystiq.com/2013/01/11/court-rules-against-netflix-in-gamefly-postal-dispute/http://www.joystiq.com/2013/01/11/court-rules-against-netflix-in-gamefly-postal-dispute/http://www.joystiq.com/2013/01/11/court-rules-against-netflix-in-gamefly-postal-dispute/#comments Appeals court rules against Netflix in GameFly postal disputeThe US Court of Appeals ruled today that Netflix does receive an unfair advantage from the U.S. Postal Service in how it handles DVDs shipped through the system. Reuters reports the court is leaving it up to the Postal Regulatory Commission to create an equitable solution.

Netflix receives preferential treatment and specially designated containers due to the volume of mail it sends through the system. Judge David Sentelle noted, "Rather obviously, this is not without cost to the postal service. Nonetheless, the service provides it to Netflix free of charge."

The latest ruling is a continuation of the multi-year dispute by GameFly, which claims it's had to make adjustments that cost millions because the postal service won't give the game rental service the same treatment.

Update: GameFly has sent us an official statement regarding today's ruling. Posted in full after break.

Continue reading Court rules Netflix receives unfair advantage in GameFly postal dispute

JoystiqCourt rules Netflix receives unfair advantage in GameFly postal dispute originally appeared on Joystiq on Fri, 11 Jan 2013 14:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>GameFlylawsuitUSPSFri, 11 Jan 2013 14:15:00 EST<![CDATA[Kotick on why firing West, Zampella was easy, turning down a CoD film]]>http://www.joystiq.com/2012/12/16/kotick-on-why-firing-west-zampella-was-easy-turning-down-a-cod/http://www.joystiq.com/2012/12/16/kotick-on-why-firing-west-zampella-was-easy-turning-down-a-cod/http://www.joystiq.com/2012/12/16/kotick-on-why-firing-west-zampella-was-easy-turning-down-a-cod/#comments Activision CEO Bobby Kotick settled a lawsuit with former employees Jason West and Vince Zampella, both now of Respawn Entertainment, in May. Kotick fired West and Zampella in 2010, after learning they were going to bail on their contracts to sign under EA, Kotick said, and from there, his job was easy:

"You find out two executives are planning to break their contracts, keep the money you gave them and steal 40 employees. What do you do? You fire them," Kotick told The New York Times in an extensive profile. West and Zampella sued Activision for royalties they said they never received from Modern Warfare 2, and though the terms of the settlement were never disclosed, the case's conclusion had West smiling.

Kotick's NYT profile extended from his high school years, when he would pick up friends in a chauffeured limo to visit Studio 54, to his time in college and to the present, when he fended off offers from Hollywood to turn Call of Duty into a high-budget film. Kotick said movies based on games rarely do well with fans and could blemish the Call of Duty brand.

He might be on to something there.

JoystiqKotick on why firing West, Zampella was easy, turning down a CoD film originally appeared on Joystiq on Sun, 16 Dec 2012 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Activisionbobby-kotickCall-of-DutyEAfilmfrank-westHollywoodlawsuitmicrosoftpcplaystationps3Vince-ZampellaxboxSun, 16 Dec 2012 18:00:00 EST<![CDATA[Sega sues Level-5, charges patent infringement in Inazuma Eleven]]>http://www.joystiq.com/2012/12/11/sega-sues-level-5-charges-patent-infringement-in-inazuma-eleven/http://www.joystiq.com/2012/12/11/sega-sues-level-5-charges-patent-infringement-in-inazuma-eleven/http://www.joystiq.com/2012/12/11/sega-sues-level-5-charges-patent-infringement-in-inazuma-eleven/#comments Sega is suing Level 5 over touchscreen mechanic patentLevel-5, perhaps best known in the western world as the publisher of the Professor Layton games, has a popular soccer series in Japan called Inazuma Eleven, and Sega doesn't like it. Sega is suing Level-5, alleging patent infringement on a mechanic in Nintendo DS versions of Inazuma Eleven that allows players to move characters with their fingers or a stylus, Kotaku reports.

Sega's endgame is to halt the sale of all eight Inazuma Eleven games and to get ¥900 million ($11 million) in damages from Level-5. The case heard opening statements on December 7, and Level-5 plans to fight the charges.

"We are preparing our rebuttal and do not have any comments to make at this time," Level-5 says.

JoystiqSega sues Level-5, charges patent infringement in Inazuma Eleven originally appeared on Joystiq on Tue, 11 Dec 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>dsinazuma-elevenlawsuitlegalLevel-5nintendopatent-infringementSegasuesuingTue, 11 Dec 2012 21:00:00 EST<![CDATA[Tattoo artist sues THQ over use of original ink in UFC Undisputed 2010, UFC Undisputed 3]]>http://www.joystiq.com/2012/11/17/tattoo-artist-sues-thq-over-use-of-original-ink-in-ufc-undispute/http://www.joystiq.com/2012/11/17/tattoo-artist-sues-thq-over-use-of-original-ink-in-ufc-undispute/http://www.joystiq.com/2012/11/17/tattoo-artist-sues-thq-over-use-of-original-ink-in-ufc-undispute/#comments Tattoo artist sues THQ over use of original ink in UFC Undisputed 2010, UFC Undisputed 3A tattoo artist by the name of Chris Escobedo has filed a lawsuit against THQ over its supposedly unauthorized usage of a tattoo Escobedo designed. Specifically, Escobedo owns the copyright to a tattoo present on the virtual version of MMA fighter Carlos Condit in UFC Undisputed 2010 and UFC Undisputed 3.

Escobedo's argument hinges on the idea that, despite being permanently affixed to a public figure, the tattoo's design still belongs to him, as he created it originally and never signed the rights to the design away to Condit. By digitally recreating that design without permission, THQ may have violated Escobedo's copyright on the work. The lawsuit also claims that THQ's usage of Condit's likeness on its website violates Escobedo's copyright as well.

The lawsuit seeks compensation for "actual damages" caused by THQ's usage of the artwork, as well as "an order directing THQ to account to Mr. Escobedo for all gains, profits and advantages derived by them by their wrongful conduct, and to disgorge all profits obtained by their wrongful conduct." Gross.

JoystiqTattoo artist sues THQ over use of original ink in UFC Undisputed 2010, UFC Undisputed 3 originally appeared on Joystiq on Sat, 17 Nov 2012 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Carlos-ConditChris-Escobedocopyright-infringementCopyrightInfringementlawlawsuitlegallion-tattoomicrosoftplaystationps3tattoothe-lion-tattooTHQufc-undisputed-3xboxYukesSat, 17 Nov 2012 18:00:00 EST<![CDATA[Beyonce tries to escape Gate Five lawsuit again, fails again]]>http://www.joystiq.com/2012/11/14/beyonce-tries-to-escape-gate-five-lawsuit-again-fails-again/http://www.joystiq.com/2012/11/14/beyonce-tries-to-escape-gate-five-lawsuit-again-fails-again/http://www.joystiq.com/2012/11/14/beyonce-tries-to-escape-gate-five-lawsuit-again-fails-again/#comments Beyonce tries to escape Gate Five lawsuit again, fails againSinger Beyonce has failed, once again, to get herself extricated from the impending lawsuit against her by developer Gate Five Studios. Gate Five claims Beyonce agreed to help make a video game called Superstar: Beyonce late last year, but then backed out of the deal, causing severe financial damage to the studio. Beyonce's lawyers attempted to get a summary judgment in April, claiming Gate Five hadn't pulled in the financing needed to make the game, but that attempt was denied.

Now the appeal of that judgment has failed. This doesn't mean Beyonce's lost the case, but it does mean that it'll likely go to trial, where a jury will have to determine if Beyonce was within her contract to leave the project, or if she somehow broke the agreement. The main issue seems to be that Beyonce required a certain amount of financing to stay on board, which she says the studio didn't get. Gate Five has suggested that there was an agreement to get the money Beyonce's contract required very soon, and that she knew that deal was all set to take place.

Beyonce, we're really happy for you, and we're going to let this finish and all, but Axel Rose had one of the best video game lawsuits of all time. One of the best video game lawsuits of all time!

JoystiqBeyonce tries to escape Gate Five lawsuit again, fails again originally appeared on Joystiq on Wed, 14 Nov 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appealbeyoncedecisiongate-five-studiosjudgejurykinectlawsuitmicrosoftplaystationps3xboxWed, 14 Nov 2012 11:30:00 EST<![CDATA[X-Men: Destiny destined for unsure lifespan on Games on Demand]]>http://www.joystiq.com/2012/11/13/x-men-destiny-games-on-de/http://www.joystiq.com/2012/11/13/x-men-destiny-games-on-de/http://www.joystiq.com/2012/11/13/x-men-destiny-games-on-de/#comments XMen Destiny may be destined for short lifespan on Games on DemandX-Men: Destiny is available from today on Xbox Live Marketplace as part of the Games on Demand program, priced at $39.99. That's despite Silicon Knights being ordered by the US court to recall and destroy all unsold copies of its products using Unreal Engine 3, of which X-Men: Destiny is one. The company was also ordered to cease producing and distributing games using Epic's technology.

So what exactly's going on here? Well, the ruling in the Silicon Knights vs. Epic Games case dictates Silicon Knights notifies the US court by December 21 of its compliance with the injunctions ordered. This is presumably to give Silicon Knights adequate time to carry out the required actions; recalling and destroying every unsold copy of X-Men: Destiny and Too Human.

So the game newly appearing on XBLM might not contravene the injunctions, at least for now. It should also be noted that Too Human is also currently available on XBLM, while GameStop, Target, and Best Buy all have new copies of X-Men: Destiny listed as available.

JoystiqX-Men: Destiny destined for unsure lifespan on Games on Demand originally appeared on Joystiq on Tue, 13 Nov 2012 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>epicepic-gamesgames-on-demandlawlawsuitlegalmicrosoftrulingsilicon-knightstoo-humanX-Men-DestinyXBLAXBLMxboxTue, 13 Nov 2012 11:00:00 EST<![CDATA[Blizzard faces class action suit over account authenticators]]>http://www.joystiq.com/2012/11/10/blizzard-faces-class-action-suit-over-account-authenticators/http://www.joystiq.com/2012/11/10/blizzard-faces-class-action-suit-over-account-authenticators/http://www.joystiq.com/2012/11/10/blizzard-faces-class-action-suit-over-account-authenticators/#comments Blizzard Entertainment is facing a class action lawsuit over the sale of its Battle.net authenticators, which are used to provide security for player account information for games such as World of Warcraft and Diablo 3. The suit, filed by the law firm Carney Williams Bates Pulliam & Bowman, PLLC in the Central District of California, alleged that the authenticators were needed by players "in order to have even minimal protection for their sensitive personal, private, and financial data." The lawsuit referred to an August security breach in which no financial user data was reported to be stolen.

The class action suit posited that Blizzard practiced "deceptive upselling," in that it allegedly failed "to disclose to consumers that additional products must be acquired after buying the games in order to ensure the security of information stored in online accounts that are requisites for playing."

A Blizzard representative told Forbes that "this suit is without merit and filled with patently false information, and we will vigorously defend ourselves through the appropriate legal channels." The representative said the use of the authenticator tool was optional for players, and offered players "an added level of security against account-theft attempts that stem from sources such as phishing attacks, viruses packaged with seemingly harmless file downloads, and websites embedded with malicious code."

Blizzard's statement continued, "the suit's claim that we didn't properly notify players regarding the August 2012 security breach is not true. Not only did Blizzard act quickly to provide information to the public about the situation, we explained the actions we were taking and let players know how the incident affected them, including the fact that no names, credit card numbers, or other sensitive financial information was disclosed."

Continue reading Blizzard faces class action suit over account authenticators

JoystiqBlizzard faces class action suit over account authenticators originally appeared on Joystiq on Sat, 10 Nov 2012 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>accountauthenticatorbattle.netBlizzardBlizzard-Entertainmentbreachclass-actionDiablo-3lawsuitpcsecuritySat, 10 Nov 2012 15:00:00 EST<![CDATA[Silicon Knights ordered to destroy all unsold games using Unreal Engine 3, award to Epic Games doubled]]>http://www.joystiq.com/2012/11/09/silicon-knights-v-epic-games-judgment/http://www.joystiq.com/2012/11/09/silicon-knights-v-epic-games-judgment/http://www.joystiq.com/2012/11/09/silicon-knights-v-epic-games-judgment/#comments Silicon Knights ordered to destroy all unsold games using Unreal Engine 3Silicon Knights is being ordered by the US court to recall and destroy all unsold copies of games using Unreal Engine 3, including Too Human and X-Men: Destiny. The new ruling on post-trial motions for the case between Silicon Knights and Epic Games also saw Epic's jury award upped from $4.5 million to over $9 million.

The ruling, dated November 7, also orders Silicon Knights to cease using Epic Games's "Licensed Technology" and remove it from the company's game engine. Furthermore, Silicon Knights has until December 10 to destroy any code built using Epic's technology; the court order includes Too Human, X-Men: Destiny, Siren in the Maelstrom, The Sandman, and The Box/Ritualyst. Silicon Knights must notify the court by December 21 and again on February 21, 2013, concerning all injunctions ordered, and they are to be carried out at the company's expense.

"Epic Games appreciates the court's careful consideration of the motion and is gratified by the order," Epic Games told us when reached for comment.

The Box/Ritualyst represents an open-world horror game initially pitched to Sega but cancelled by the publisher in 2008. As for Siren in the Maelstrom, it was rumored to be upcoming after being outed by a Canadian cultural agency's list of newly funded projects. It's unknown if The Sandman is a project connected to the DC Comics series of the same name.

The case began with Silicon Knights suing Epic Games in 2007 for allegedly breaching the companies' agreement over Unreal Engine 3 licensing. Epic in turn filed a counterclaim, alleging Silicon Knights developed its own engine and games other than Too Human illegally by using Unreal Engine 3. In May this year, the court ruled in favor of Epic Games, ordering Silicon Knights to pay Epic $4.45 million in damages.

This week's ruling adds a further $4.7 million to be awarded to Epic, with $2.30 million in prejudgment interest, $2.09 million in attorney's fees, and $278,000 in costs.

JoystiqSilicon Knights ordered to destroy all unsold games using Unreal Engine 3, award to Epic Games doubled originally appeared on Joystiq on Fri, 09 Nov 2012 08:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>epic-gameslawsuitsilicon-knightstoo-humanx-men-destinyFri, 09 Nov 2012 08:00:00 EST<![CDATA[Wizards of the Coast sued over 'Electronic Trading Card' patent infringement]]>http://www.joystiq.com/2012/11/05/wizards-of-the-coast-sued-over-electronic-trading-card-patent/http://www.joystiq.com/2012/11/05/wizards-of-the-coast-sued-over-electronic-trading-card-patent/http://www.joystiq.com/2012/11/05/wizards-of-the-coast-sued-over-electronic-trading-card-patent/#comments Wizards of the Coast sued over 'Electronic Trading Card' patent infringementWizards of the Coast is being sued by Texas-based Wildcat Intellectual Property Holdings over an alleged patent infringement. Courthouse News reports Wildcat believes Wizards of the Coast's 2002 game Magic: The Gathering Online infringes upon the former's 'Electronic Trading Card' patent, and is seeking an injunction to prohibit the transgression.

The patent in question, US Patent No 6200216, was filed by Wildcat on March 6 1995 and issued on March 13 2001. It describes. among other components, "taking the traditional trading card metaphor and uniquely updating and enhancing it for application in consumer digital media." Wildcat claims the patent applies to its game 'Unit Commander' which it calls "the ultimate mercenary trading card game."

Wildcat's allegations seem to date back to a lawsuit filed last year against Wizards of the Coast and 11 other companies, including Nintendo, EA, Sony Computer Entertainment America, Sony Online Entertainment, Konami, and Zynga. The complaint pertains to the same patent infringement Wildcat is presently suing Wizards of the Coast over.

According to The Cardboard Connection, as of August 2 of this year Chaotic USA and Nintendo were dismissed without prejudice, leaving both open to being sued by Wildcat again separately. It's unclear if Wildcat's present case against Wizards of the Coast is a retooling of the previous one following a similar dismissal.

Continue reading Wizards of the Coast sued over 'Electronic Trading Card' patent infringement

JoystiqWizards of the Coast sued over 'Electronic Trading Card' patent infringement originally appeared on Joystiq on Mon, 05 Nov 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>EAkonamilawsuitpatentpcSony-Computer-Entertainment-Americasony-online-entertainmentwildcatwizards-of-the-coastzyngaMon, 05 Nov 2012 11:30:00 EST<![CDATA[Backup singer loses lawsuit against Take-Two over GTA: San Andreas]]>http://www.joystiq.com/2012/11/03/backup-singer-loses-lawsuit-against-take-two-over-gta-san-andre/http://www.joystiq.com/2012/11/03/backup-singer-loses-lawsuit-against-take-two-over-gta-san-andre/http://www.joystiq.com/2012/11/03/backup-singer-loses-lawsuit-against-take-two-over-gta-san-andre/#comments Michael "Shagg" Washington, supposed former Cypress Hill backup singer (though the band denied any affiliation), lost his 2010 lawsuit against Take-Two Interactive and Rockstar Games over alleged use of his likeness in Grand Theft Auto: San Andreas Wednesday. Washington claimed he met with the game's developers in 2003 to discuss his troubled youth and "street life." He first learned of his resemblance to the game's "CJ" character six years later, leading to the $250 million lawsuit.

The California appeals court upheld the ruling in favor of Take-Two, in which the judge said the "plaintiff is relying entirely on CJ's physical appearance in the game, but that appearance is so generic that it necessarily includes hundreds of other black males." The lack of evidence in whether Take-Two actually used Washington's likeness, in addition to a failed test for insufficiently transformative use, led to Washington losing the case.

JoystiqBackup singer loses lawsuit against Take-Two over GTA: San Andreas originally appeared on Joystiq on Sat, 03 Nov 2012 12:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>carl-johnsoncypress-hillGrand-Theft-Auto-San-AndreasGTA-San-Andreaslawsuitmichael-washingtonmicrosoftpcplaystationps3RockStarRockstar-GamesshaggTake-TwoTake-Two-InteractivexboxSat, 03 Nov 2012 12:00:00 EST<![CDATA[Architects of 38 Studios' $75M loan sued by Rhode Island EDC]]>http://www.joystiq.com/2012/11/01/Rhode-Island-38-studios-lawsuit/http://www.joystiq.com/2012/11/01/Rhode-Island-38-studios-lawsuit/http://www.joystiq.com/2012/11/01/Rhode-Island-38-studios-lawsuit/#comments Architects of 38 Studios' $75M loan sued by Rhode Island EDCThe Rhode Island Economic Development Corporation (EDC), the quasi-public group that granted the $75 million taxpayer-guaranteed loan to 38 Studios, has filed a lawsuit against the architects of the 2010 deal. WPRI reports the defendants include 38 Studios founder Curt Schilling and CEO Jennifer MacLean, former EDC executive director Keith Stokes, Wells Fargo Securities, Barclays Capital and many, many more.

"I know you work hard for your paychecks, and for your tax dollars to be squandered is unacceptable. The board's legal action was taken to rectify a grave injustice put upon the people of Rhode Island," said Governor Lincoln Chafee in a prepared two-and-a-half-minute statement posted on YouTube (found after the break, with text transcript).

The full complaint [PDF] alleges the former EDC board never ordered an independent assessment of 38 Studios' capabilities to finish Project Copernicus before the loan was approved, even though it was to do so. It also claims Wells Fargo received nearly $500,000 "in hidden commission from 38 Studios" that weren't disclosed to the EDC board.

The recent public auction at 38 Studios' former Providence HQ grossed approximately $650,000. The auction at 38 Studios' Big Huge Games division in Maryland brought in $180,000. It's estimated 38 Studios owed $150.7 million when it declared bankruptcy, so far the state of Rhode Island has recovered about $830,000.

Update: We got in touch with Law of the Game attorney Mark Methenitis to boil down exactly what Rhode Island is seeking in the suit. We've placed his analysis after the break.

Continue reading Architects of 38 Studios' $75M loan sued by Rhode Island EDC

JoystiqArchitects of 38 Studios' $75M loan sued by Rhode Island EDC originally appeared on Joystiq on Thu, 01 Nov 2012 12:50:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>38-studioscurt-schillingjennifer-macleankingdoms-of-amalur-reckoninglawsuitmicrosoftpcplaystationps3rhode-islandrhode-island-economic-development-corporationRIEDCxboxThu, 01 Nov 2012 12:50:00 EST<![CDATA[Report: Checkpoint sues Marvelous AQL, claiming 'hostile takeover' plan]]>http://www.joystiq.com/2012/11/01/report-checkpoint-sues-marvelous-aql-claiming-hostile-takeove/http://www.joystiq.com/2012/11/01/report-checkpoint-sues-marvelous-aql-claiming-hostile-takeove/http://www.joystiq.com/2012/11/01/report-checkpoint-sues-marvelous-aql-claiming-hostile-takeove/#comments Report Checkpoint sues Marvelous AQL, claiming 'hostile takeover' planGame studio Checkpoint has filed suit against Marvelous AQL, claiming that the Japanese publisher attempted to take over Checkpoint in an effort to avoid a $2.5 million payout. The suit names Marvelous, XSEED, a former Checkpoint employee, and others on breach of contract, theft of trade secrets, and more.

According to Gamasutra's summary of the case, Marvelous made a deal in 2011 through which it would pay $2.5 million in exchange for 35 percent of Checkpoint and two shipped games. Following the release of those two games, AviNation and Party Politics, the two companies planned a similar $2.5 million arrangement for two more games.

However, Checkpoint CEO Brian Wiklem alleged in the suit that chief technical officer Christopher Masterton, owner of 24 percent of Checkpoint, met with Marvelous to sell his own shares and give Marvelous control of the company without Wiklem's consent. Marvelous then hired Masterton and 14 other Checkpoint staffers to work at XSEED. Masterton is now technical lead.

Furthermore, the suit claims, the former Checkpoint staff are now using Checkpoint tech at XSEED, and Masterton refuses to hand over the logins for Checkpoint's Facebook page and other accounts. We've asked MAQL for comment.

JoystiqReport: Checkpoint sues Marvelous AQL, claiming 'hostile takeover' plan originally appeared on Joystiq on Thu, 01 Nov 2012 09:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>checkpoint-studioslawsuitmarvelousmarvelous-aqlpcxseedThu, 01 Nov 2012 09:30:00 EST<![CDATA[Class action lawsuit from PlayStation Network hack mostly dismissed]]>http://www.joystiq.com/2012/10/23/class-action-lawsuit-from-playstation-network-hack-mostly-dismis/http://www.joystiq.com/2012/10/23/class-action-lawsuit-from-playstation-network-hack-mostly-dismis/http://www.joystiq.com/2012/10/23/class-action-lawsuit-from-playstation-network-hack-mostly-dismis/#comments Federal Judge Anthony Battaglia dismissed several key claims of a class action lawsuit leveled against Sony after 2011's PSN hack. Battaglia's order dismissed such claims as negligence, restitution, unjust enrichment, bailment and violations of California consumer protection statutes, Courthouse News reported.

Battaglia found that Sony didn't violate consumer protection laws because "none of the named plaintiffs subscribed to premium PSN services, and thus received the PSN services free of cost." Additionally, the privacy policy that all subscribers signed included "clear admonitory language that Sony's security was not 'perfect,'" and "no reasonable consumer could have been deceived."

The bailment charge was dropped because "plaintiffs freely admit, plaintiffs' personal information was stolen as a result of a criminal intrusion of Sony's Network," Battaglia wrote. "Plaintiffs do not allege that Sony was in any way involved with the Data Breach."

Battaglia offered the class an option to amend its claims for injunctive relief and violation of consumer protection law.

JoystiqClass action lawsuit from PlayStation Network hack mostly dismissed originally appeared on Joystiq on Tue, 23 Oct 2012 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>class-actionclass-action-lawsuithacklawsuitplaystationps3psn-hackpsn-outage-2011SONYsony-hackTue, 23 Oct 2012 20:00:00 EST<![CDATA[Impulse Technology drops patent infringement suit against Nintendo]]>http://www.joystiq.com/2012/10/22/impulse-technology-drops-patent-infringement-suit-against-ninten/http://www.joystiq.com/2012/10/22/impulse-technology-drops-patent-infringement-suit-against-ninten/http://www.joystiq.com/2012/10/22/impulse-technology-drops-patent-infringement-suit-against-ninten/#comments Impulse Technology Ltd. voluntarily dropped a lawsuit against Nintendo alleging the Wii, Wiimote, Balance Board and Wii Fit Plus infringed on Impulse's patent for the Trazer Interactive Fitness machine. An "unfavorable decision from Judge James Gwin of the U.S. District Court in Cleveland" undermined Impulse's legal arguments.

Richard Medway, Nintendo of America's deputy general counsel, was "very pleased with the court's ruling, which forced Impulse to walk away from this lawsuit," he said. "Nintendo vigorously defends patent lawsuits when we firmly believe that we have not infringed another party's patent. We will continue our tradition of developing unique and innovative products while respecting the intellectual property rights of others."

Impulse similarly sued Microsoft under the same allegations, but relating to its Kinect technology.

JoystiqImpulse Technology drops patent infringement suit against Nintendo originally appeared on Joystiq on Mon, 22 Oct 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>impulseimpulse-technologylawsuitlegalnintendowiiMon, 22 Oct 2012 21:00:00 EST<![CDATA[Sensory Sweep Studios founder jailed and fined $1.2 million for failing to pay wages]]>http://www.joystiq.com/2012/10/19/sensory-sweep-studios-founder-jailed-and-fined-1-2-million-for/http://www.joystiq.com/2012/10/19/sensory-sweep-studios-founder-jailed-and-fined-1-2-million-for/http://www.joystiq.com/2012/10/19/sensory-sweep-studios-founder-jailed-and-fined-1-2-million-for/#comments Sensory Sweep Studios founder jailed and fined $12 million for failing to pay wagesDave Rushton, the founder and president of Utah-based Sensory Sweep Studios, has been sentenced to 12 months in prison and fined a total of $1.2 million in unpaid wages to more than 100 employees, according to the Associated Press.

This judgment resolves a lawsuit filed in 2009 by the US Department of Labor, which enjoined the sales of several Sensory Sweep Studios games after employees claimed they hadn't been paid in more than 100 days. Additionally, the employees alleged that their 401(k) money had been stolen by the company.

Rushton has already served jail time for other charges relating to Sensory Sweep. In 2010, Rushton plead guilty to one third-degree felony charge of failing to file taxes and one second-degree felony charge of "engaging in a pattern of unlawful activity," says the Salt Lake Tribune. In addition to prison, the sentence also included a 72-month probation and 200 hours of community service.

Sensory Sweep Studios was primarily responsible for developing ports and licensed games for the Nintendo DS, such as Need for Speed: Most Wanted and Foster's Home for Imaginary Friends: Imagination Invaders, though it also developed some console games such as Alvin and the Chipmunks, or the XBLA version of Street Fighter II: Hyper Fighting.

JoystiqSensory Sweep Studios founder jailed and fined $1.2 million for failing to pay wages originally appeared on Joystiq on Fri, 19 Oct 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Dave-Rushtonfelonyjail-timelawsuitlegalprisonsensory-sweep-studiosunpaid-wagesUtahFri, 19 Oct 2012 11:30:00 EST<![CDATA[Ubisoft sues Black Eyed Peas for $1m over absence of love for iOS game]]>http://www.joystiq.com/2012/10/17/ubisoft-sues-black-eyes-peas-for-1m-over-absence-of-love-for-io/http://www.joystiq.com/2012/10/17/ubisoft-sues-black-eyes-peas-for-1m-over-absence-of-love-for-io/http://www.joystiq.com/2012/10/17/ubisoft-sues-black-eyes-peas-for-1m-over-absence-of-love-for-io/#comments Ubisoft sues Black Eyes Peas for $1m over lack of love for iOS gameUbisoft filed a $1 million lawsuit yesterday against BEP Music LLC, a company which owns the Black Eyed Peas trademark, for neglecting to recognize the publisher's planned iOS version of The Black Eyed Peas Experience. Following the Wii and Xbox 360 versions released last year, Ubisoft claims BEP breached the companies' contract regarding an iOS version. According to Ubisoft, the contract states the band agreed to approve or disapprove the iOS version within 10 business days of a request. Ubisoft says BEP Music failed to acknowledge requests for approval, despite repeated attempts.

Ubisoft claims the company spent $233,000 developing the iOS game, and that figure combined with loss of profits amounts to a total of $1 million in damages. While Ubisoft didn't name the company or the game in question in its complaint, as Player Attack notes BEP Music only owns the one trademark. I Gotta Feeling the French publisher isn't about to Shut Up about this anytime soon.

JoystiqUbisoft sues Black Eyed Peas for $1m over absence of love for iOS game originally appeared on Joystiq on Wed, 17 Oct 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>iosipadiphonelawsuitmicrosoftmobilenintendothe-black-eyed-peas-experienceubisoftwiixboxWed, 17 Oct 2012 11:30:00 EST<![CDATA[Zynga moving forward in lawsuit against former Cityville GM over theft]]>http://www.joystiq.com/2012/10/17/zynga-moving-forward-in-lawsuit-against-former-cityville-gm-over/http://www.joystiq.com/2012/10/17/zynga-moving-forward-in-lawsuit-against-former-cityville-gm-over/http://www.joystiq.com/2012/10/17/zynga-moving-forward-in-lawsuit-against-former-cityville-gm-over/#comments Zynga get restraining order against former Cityville GMZynga has earned the requisite crystals to move forward on its lawsuit against former CityVille general manager Alan Patmore, who it accuses of stealing company secrets for use at his new employer Kixeye. All Things D reports the social games company has been granted its request to depose Patmore, have forensic experts search his electronic devices and extend the restraining order preventing Patmore from destroying or deleting any information he obtained.

"Patmore does not dispute that he took 763 files from Zynga, which contained confidential game designs from teams around the company, and that he transferred those files to his computer at Kixeye where he's currently the VP of Product," Zynga attorney Jay Monahan said in a statement.

All Things D also received a statement from Kixeye CEO Will Harbin, who obviously didn't feel like pulling any punches: "Zynga is burning to the ground and bleeding top talent and instead of trying to fix the problems - better work environment and better products - they are resorting to the only profit center that has ever really worked for them: their legal department."

Zynga claims the files Patmore allegedly took would help someone replicate its business, along with projections and plans for 10 unreleased games. Harbin concluded his statement by asking why his company would want to emulate Zynga's business when The Ville publisher has seen a 75 percent decline in its stock since its debut?

JoystiqZynga moving forward in lawsuit against former Cityville GM over theft originally appeared on Joystiq on Wed, 17 Oct 2012 09:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>alan-patmorekixeyelawsuitpczyngaWed, 17 Oct 2012 09:30:00 EST<![CDATA[Zynga suing former Cityville GM over theft of trade secrets]]>http://www.joystiq.com/2012/10/16/zynga-suing-former-cityville-gm-over-theft-of-trade-secrets/http://www.joystiq.com/2012/10/16/zynga-suing-former-cityville-gm-over-theft-of-trade-secrets/http://www.joystiq.com/2012/10/16/zynga-suing-former-cityville-gm-over-theft-of-trade-secrets/#comments A former Zynga general manager has allegedly stolen trade secrets, the social games company claims in a new lawsuit. Zynga believes Alan Patmore, who previously worked on Cityville, uploaded a number of company assets to a Dropbox account from his company computer, both on the day before and day of his departure from the company. Said assets included, among other things, information on Zynga's game mechanics, internal assessments of Cityville's performance, monetization plans, company emails and design documents (including the final design document for an as yet unreleased game).

Zynga feels Patmore, who now works for social game company Kixeye, will use the information to directly compete with his former employer. Specifically, Zynga states that the stolen data "could be used to improve a competitor's internal understanding and know-how of core game mechanics and monetization techniques, its execution, and ultimately its market standing to compete more effectively with Zynga."

Furthermore, the company claims that, upon leaving the company, Patmore refused to sign a "termination certification," which "merely reaffirmed" his contractual obligations, among them not to take any of the company's "sensitive data."

Continue reading Zynga suing former Cityville GM over theft of trade secrets

JoystiqZynga suing former Cityville GM over theft of trade secrets originally appeared on Joystiq on Tue, 16 Oct 2012 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>alan-patmorecityvillekixeyelawsuitlegalpczyngaTue, 16 Oct 2012 11:00:00 EST<![CDATA[Gaikai sued over alleged patent infringement]]>http://www.joystiq.com/2012/10/11/gaikai-sued-over-alleged-patent-infringement/http://www.joystiq.com/2012/10/11/gaikai-sued-over-alleged-patent-infringement/http://www.joystiq.com/2012/10/11/gaikai-sued-over-alleged-patent-infringement/#comments A Delaware company called T5 Labs has filed suit against cloud-gaming service Gaikai for alleged patent infringement, putting the technology that underpins Gaikai's fancy cloud-computing/game-streaming wizardry under the legal microscope.

Specifically, T5 Labs claims that by "providing a system and methods of sharing a graphics processing unit (GPU) between a plurality of programs," Gaikai is "actively, knowingly and intentionally" using the technology covered by T5's patent for "Sharing a graphical processing unit between a plurality of programs."

Multiple programs using the same GPU may sound like something that every single computer does on a regular basis, but T5's patent actually covers a specific scenario involving servers, remote terminals and compression algorithms. No specific dollar amount is listed in the complaint, but T5 is seeking damages, attorney's fees and "a judgement permanently enjoining Gaikai from further infringement."

Gaikai has "no comment at this time" regarding the situation.

JoystiqGaikai sued over alleged patent infringement originally appeared on Joystiq on Thu, 11 Oct 2012 19:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>cloudcloud-gaminggaikailawsuitlegalmacpatentpcstreamingsuet5-labsUSPTOThu, 11 Oct 2012 19:45:00 EST<![CDATA[Bridgestone responds to Sony: Kevin Butler wasn't in our commercial]]>http://www.joystiq.com/2012/10/09/bridgestone-respond-to-sony-kevin-butler-wasnt-in-our-commerci/http://www.joystiq.com/2012/10/09/bridgestone-respond-to-sony-kevin-butler-wasnt-in-our-commerci/http://www.joystiq.com/2012/10/09/bridgestone-respond-to-sony-kevin-butler-wasnt-in-our-commerci/#comments Bridgestone respond to Sony Kevin Butler wasn't in our adBridgestone is responding to Sony's lawsuit by denying the Kevin Butler character appeared in one of its recent commercials. Following Sony's allegations over Butler actor Jerry Lambert's appearance in a Bridgestone commercial, the tire manufacturer made a statement via The Hollywood Reporter declaring its intention to fight the lawsuit. As far as Bridgestone is concerned, Lambert appeared in its commercial but wasn't starring as Kevin Butler in any way whatsoever.

"Mr. Lambert is one of the actors who appeared in the commercial as a Bridgestone engineer," reads the statement, "Bridgestone denies that 'Kevin Butler' appears in the Bridgestone commercial discussed herein and thus denies that he speaks or does anything whatsoever in the commercial."

It emerged last month Lambert appeared in a commercial as part of Bridgestone's "Game On" campaign, featuring him playing a Wii and acting in a similar exuberant manner to his PlayStation persona of Kevin Butler. Sony believes Bridgestone and Lambert's advertising agency Wildcat Creek are guilty of violating the Lanham Act, misappropriation, breach of contract, and intentional interference with a contractual relationship. Sony filed the lawsuit on September 11, and Bridgstone has since removed Lambert from its most recent ads. Sony has until October 12 to withdraw the lawsuit, otherwise it proceeds.

JoystiqBridgestone responds to Sony: Kevin Butler wasn't in our commercial originally appeared on Joystiq on Tue, 09 Oct 2012 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bridgestonegame-onkevin-butlerlawsuitnintendoplaystationps3sonyvitawiiTue, 09 Oct 2012 12:30:00 EST<![CDATA[Sony, Kevin Butler actor in lawsuit over breach of contract]]>http://www.joystiq.com/2012/10/07/sony-kevin-butler-actor-in-lawsuit-over-breach-of-contract/http://www.joystiq.com/2012/10/07/sony-kevin-butler-actor-in-lawsuit-over-breach-of-contract/http://www.joystiq.com/2012/10/07/sony-kevin-butler-actor-in-lawsuit-over-breach-of-contract/#comments Sony sues Kevin Butler actorSony filed a lawsuit implicating Jerry Lambert, the actor who plays Kevin Butler, Sony's high-energy, aggressive spokesman and fake VP of whatever happens to be relevant. Sony's claims are based on violations of the Lanham Act, misappropriation, breach of contract and tortious interference with a contractual relationship, senior director of corporate communications Dan Race writes in a statement to VentureBeat.

Early in September, images and video of Lambert in Bridgestone Tires' "Game On" promotion gained traction online, wherein Lambert is playing a Wii and over-acting in a style similar to his Kevin Butler character. Lambert appeared in Bridgestone commercials as early as February. On September 11, Sony filed a lawsuit against Bridgestone Tires and Wildcat Creek, an advertising agency for which Lambert is actually president.

Since the filing, Lambert has been removed from the most recent Bridgestone ads. The Game On promotion ended on September 30.

"We invested significant resources in bringing the Kevin Butler character to life and he's become an iconic personality directly associated with PlayStation products over the years," Sony's statement says. "Use of the Kevin Butler character to sell products other than those from PlayStation misappropriates Sony's intellectual property, creates confusion in the market, and causes damage to Sony."

Lambert and Sony reached an agreement on September 26, and Sony has until October 12 to officially withdraw the suit or announce it will continue forward. NeoGAF member Takao has a detailed breakdown of the entire lawsuit.

Below find a few of Lambert's most memorable Sony advertisements.

Continue reading Sony, Kevin Butler actor in lawsuit over breach of contract

JoystiqSony, Kevin Butler actor in lawsuit over breach of contract originally appeared on Joystiq on Sun, 07 Oct 2012 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bridgestonebridgestone-tiresgame-onjerry-lambertkevin-butlerlawsuitmovenintendoplaystationps3SONYsuingwiiSun, 07 Oct 2012 18:00:00 EST<![CDATA[No Doubt and Activision don't speak in court, agree settlement instead]]>http://www.joystiq.com/2012/10/04/no-doubt-and-activision-dont-speak-in-court-agree-settlement-i/http://www.joystiq.com/2012/10/04/no-doubt-and-activision-dont-speak-in-court-agree-settlement-i/http://www.joystiq.com/2012/10/04/no-doubt-and-activision-dont-speak-in-court-agree-settlement-i/#comments No Doubt and Activision don't speak in court, agree settlement insteadNo Doubt and Activision reached an out-of-court settlement this week over the band's lawsuit against the publisher, finally bringing an end to three years of legal dispute. The Californian rock band first filed the lawsuit back in 2009, claiming their likenesses were only to be used in Band Hero with their own in-game tracks, not with the entire catalog. Despite Activision's best efforts, the case was due to finally appear in the Los Angeles Superior Court on October 15, but instead the two parties agreed to settle.

How things have changed since 2009. Music games like Rock Band 2 and Band Hero were ruling the roost, and No Doubt had only just reformed after the Stefani-imposed hiatus. Three years on and there won't be any more Hero games, while No Doubt recently released their sixth album. Now, following some Push & Shove it seems things will finally Settle Down completely for the Hero franchise so that it can rest in peace.

JoystiqNo Doubt and Activision don't speak in court, agree settlement instead originally appeared on Joystiq on Thu, 04 Oct 2012 11:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionActivision-BlizzardBand-Herolalawsuitlegalneversoftno-doubtThu, 04 Oct 2012 11:45:00 EST<![CDATA[US court: Motorola can't enforce German Xbox injunction]]>http://www.joystiq.com/2012/09/29/us-court-motorola-cant-enforce-german-xbox-injunction/http://www.joystiq.com/2012/09/29/us-court-motorola-cant-enforce-german-xbox-injunction/http://www.joystiq.com/2012/09/29/us-court-motorola-cant-enforce-german-xbox-injunction/#comments Motorola Mobility (now owned by Google) obtained an injunction against Microsoft in Germany that would have prevented sale or import of Xbox 360s, among other Microsoft devices earlier this summer, over H.264 video encoding technology owned by Motorola and licensed for use in MS devices. Now, the 9th Circuit Court of Appeals has ruled that Motorola cannot enforce the injunction.

You might be asking what we asked at first. How can a US court rule on a decision made in Germany? Microsoft previously sued Motorola for breach of contract in the US, allowing the court to consider the whole matter subject to US law. "At bottom, this case is a private dispute under Washington state contract law between two U.S. corporations," the court's ruling reads.

JoystiqUS court: Motorola can't enforce German Xbox injunction originally appeared on Joystiq on Sat, 29 Sep 2012 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>googleinjunctionlawsuitmicrosoftmotorolapcxboxSat, 29 Sep 2012 19:00:00 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[Rebellion sues Stardock for its use of the word 'Rebellion']]>http://www.joystiq.com/2012/08/16/rebellion-sues-stardock-for-its-use-of-the-word-rebellion/http://www.joystiq.com/2012/08/16/rebellion-sues-stardock-for-its-use-of-the-word-rebellion/http://www.joystiq.com/2012/08/16/rebellion-sues-stardock-for-its-use-of-the-word-rebellion/#comments Rebellion sues Stardock for use of the word 'Rebellion'It's a strange day for Stardock when we say this is the second-weirdest lawsuit involving the company that we've seen today, but it's true. UK developer Rebellion (makers of the 2010 Aliens vs. Predator game) has decided to sue developer Stardock (publisher of Sins of a Solar Empire) because of the name of the latest Sins of the Solar Empire expansion, Rebellion. The court documents say that Rebellion (the studio) has a trademark on that word, and accuse Rebellion (the game), of causing customers "to mistakenly believe that the developer of the game Sins of a Solar Empire: Rebellion is in fact plaintiff Rebellion."

The developer of the expansion is actually Ironclad Games. But the lawsuit claims that from the logo and game name to a YouTube description for the game (mentioning "the developers over at 'Rebellion'"), Stardock knowingly profited off of the "Rebellion" trademark.

The litigation asks for Stardock to be enjoined from selling the game any further, to turn over any infringing materials, and for both damages in the case as well as the court and attorney's fees. Presumably, the complaint will next go in front of a Michigan judge, who will then decide on whether or not the issue can move forward.

JoystiqRebellion sues Stardock for its use of the word 'Rebellion' originally appeared on Joystiq on Thu, 16 Aug 2012 22:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>gamesinfringementlawsuitpcrebellionsins-of-a-solar-empiresins-of-a-solar-empire-rebellionstardocktrademarkThu, 16 Aug 2012 22:00:00 EST<![CDATA[Stardock alleges former marketing manager impaired Elemental: War of Magic's launch, files suit [Update]]]>http://www.joystiq.com/2012/08/16/stardock-alleges-former-marketing-manager-impaired-elemental-wa/http://www.joystiq.com/2012/08/16/stardock-alleges-former-marketing-manager-impaired-elemental-wa/http://www.joystiq.com/2012/08/16/stardock-alleges-former-marketing-manager-impaired-elemental-wa/#comments Michigan-based developer Stardock is suing its ex-marketing manager Alexandra Miseta for over $1 million in damages, alleging actions she made during her employment impaired the quality of Elemental: War of Magic.

According to documents filed with a Michigan Eastern District Court on July 30, 2012, Stardock claims that when Miseta resigned her position without notice prior to the Elemental's launch, she destroyed and/or stole promotional materials, trade show information, and analytics data that the developer says was vital to supporting the game's release. The dev claims these acts occurred three weeks before the game's release. Stardock also alleges that Miseta, who is currently employed as accounts director at Chevrolet, refused to return a company-issued laptop and running undisclosed side businesses during work hours at the developer.

Panned by reviewers when it launched in 2010, Elemental: War of Magic was riddled with bugs, a complicated interface, and a host of other problems. Currently the game's average review score sits at 53 on Metacritic.

Following its launch, company CEO Brad Wardell said Elemental's issues stemmed from the disorganized nature of the developer. "If someone had an idea, we'd say 'Oh sure, go ahead! Throw that in!,'" Wardell explained during a GDC 2011 panel called 'Failure Workshop.' In a statement made in September 2010, Wardell placed blame for the project's failure on the entire Stardock staff, claiming a fair share of responsibility himself claiming that he lost objectivity acting as a programmer and the executive in charge of deciding when the game was ready to ship.

Gallery: Elemental: War of Magic

Continue reading Stardock alleges former marketing manager impaired Elemental: War of Magic's launch, files suit [Update]

JoystiqStardock alleges former marketing manager impaired Elemental: War of Magic's launch, files suit [Update] originally appeared on Joystiq on Thu, 16 Aug 2012 17:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Brad-WardellElemental-Fallen-Enchantresselemental-war-of-magicLawsuitpcStardockThu, 16 Aug 2012 17:00:00 EST<![CDATA[Axl Rose's Guitar Hero 3 lawsuit gets its day in court on Feb. 1]]>http://www.joystiq.com/2012/08/16/axl-roses-guitar-hero-3-lawsuit-gets-its-day-in-court-on-feb-1/http://www.joystiq.com/2012/08/16/axl-roses-guitar-hero-3-lawsuit-gets-its-day-in-court-on-feb-1/http://www.joystiq.com/2012/08/16/axl-roses-guitar-hero-3-lawsuit-gets-its-day-in-court-on-feb-1/#comments Axl Rose and lawyers defending Activision Blizzard had a preliminary hearing over the Guitar Hero 3 lawsuit, laying the groundwork for a potential court date in February 2013. For those playing catch-up, Axl Rose insinuates the game, which launched in late 2007, unlawfully associated Guns 'N Roses music with ex-GNR guitarist, Slash, whom Rose has been feuding with for years. Rose filed suit in November 2010.

The judge during the preliminary hearing wanted to toss out Axl Rose's claim of fraud because the statute of limitations has expired, says The Hollywood Reporter. The other half of Rose's suit claims breach-of-contract. During the hearing, Rose also shed some light on why he took three years to file a grievance: he was supposed to get his own video game.

"The reason I did not file a lawsuit is because Activision - through my managers and representatives - offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to GHIII," Roses said in his deposition. "From December 2007 through November 2010, Activision was offering me a Guns N' Roses dedicated video game, a game dedicated to music from the 'Chinese Democracy' album, and other proposals."

Activision argues that it licensed "Welcome to the Jungle" through GNR Music, the song's license holder, and that Rose "had no authority to enter into a license for 'Welcome to the Jungle' in his individual capacity because he does not own the song or the sound recording." While the judge has seemingly dismissed the claim of fraud, the breach-of-contract dispute is currently set for a February 1, 2013 court date.

JoystiqAxl Rose's Guitar Hero 3 lawsuit gets its day in court on Feb. 1 originally appeared on Joystiq on Thu, 16 Aug 2012 08:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionactivision-blizzardaxl-roseGH3GH3-Legends-Of-RockGuitar-Hero-3Guitar-Hero-3-Legends-Of-RocklawsuitLegends-Of-Rockmicrosoftnintendoplaystationps3wiixboxThu, 16 Aug 2012 08:30:00 EST