Joystiq

Appeals court sides with ex-NFL players in Madden likeness suit

Mike Suszek — Wed, 07 Jan 2015 17:00:00 EST

A federal appeals court struck down Electronic Arts' appeal to dismiss a 2010 lawsuit in which retired NFL players alleged that the publisher used their likenesses without permission in Madden NFL 09. A three-judge panel unanimously declined EA's motion to dismiss the lawsuit on the grounds of First Amendment protections under "incidental use." Madden 09 included over 140 historic NFL teams as well as the stats and positions of thousands of retired athletes to celebrate the series' 20th anniversary, and EA allegedly altered jersey numbers and removed the players' names to avoid paying licensing fees, according to the August 2010 lawsuit.

The judges referred to another recent likeness lawsuit in the opinion, in which former college athletes sued EA in May 2009 over the use of their likenesses in NCAA Basketball and NCAA Football games. EA proposed a $40 million settlement to that lawsuit in September 2013, resulting in those players earning up to $951 for each year their likeness was featured in the games. The publisher added $8 million in expenses related to that lawsuit in May 2014.

EA introduced similar First Amendment-based defenses in its appeal for the retired NFL players lawsuit save for one additional argument: That the likenesses were protected under the First Amendment as incidental use. The judges "held that Electronic Arts's use of the former players' likenesses was not incidental because it was central to Electronic Arts's main commercial purpose: to create a realistic virtual simulation of football games involving current and former National Football League teams." The decision upholds a California court's March 2012 dismissal of EA's attempt to prevent the suit from going to court. Among the plaintiffs listed in the lawsuit is Sam Keller, a former Arizona State, Nebraska and Oakland Raiders quarterback that filed the original likeness lawsuit related to the publisher's college sports games.

[Image: EA]

Appeals court sides with ex-NFL players in Madden likeness suit originally appeared on Joystiq on Wed, 07 Jan 2015 17:00:00 EST. Please see our terms for use of feeds.

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Battlefield 4 class action lawsuit dismissed on 'puffery'

Danny Cowan — Wed, 22 Oct 2014 13:00:00 EST

No, not puffinry. Puffery.

A class action lawsuit levied against Electronic Arts for allegedly misleading investors over the performance of Battlefield 4 was dismissed this week, with U.S. District Court for the Northern District of California Judge Susan Illston labeling the publisher's promises as pre-release "puffery," rather than intentionally misleading hype.

The lawsuit was filed late last year, accusing Electronic Arts of misrepresenting "the development and sales of the Company's Battlefield 4 video game and the game's impact on EA's revenue and projects moving forward." Battlefield 4 suffered numerous issues upon its launch in November, leaving many players unable to access its online multiplayer component. Fixes arrived months after the game's initial release, leading EA CEO Andrew Wilson to later describe the debacle as "unacceptable."

EA argued that its pre-release statements had no direct bearing on the plaintiffs' decisions to purchase company stock. In addition, the publisher noted that five of the eight company-issued statements labeled as misleading in the suit were made after plaintiffs had already purchased EA stock.

"Defendant [CFO Blake] Jorgensen's Oct. 29, 2013 statement comparing 'BF4' to a World Series ace pitcher is puffery," Judge Illston wrote. "Defendant Wilson's Oct. 29, 2013 statement explaining that EA 'worked more closely with Microsoft and Sony throughout the entire process' resulting in a 'launch slate of games that are the best transition games that I've ever seen come out of this company' is an inactionable opinion, as well as a vague statement of corporate optimism."

Illston's response does not represent a total dismissal of the case. Lead plaintiffs Ryan Kelly and Louis Mastro must revise their statements by November 3 to continue the suit.

[Image: Getty]

Battlefield 4 class action lawsuit dismissed on 'puffery' originally appeared on Joystiq on Wed, 22 Oct 2014 13:00:00 EST. Please see our terms for use of feeds.

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Sega pins Aliens: Colonial Marines marketing mishaps on Gearbox

Mike Suszek — Thu, 04 Sep 2014 13:00:00 EST

After Aliens: Colonial Marines publisher Sega moved to settle a class-action lawsuit to the tune of $1.25 million in August for alleged false advertising for the game, it shifted the blame for the game's marketing issues to Gearbox Software, according to court documents obtained by Game Informer. Internal emails from Gearbox and Sega representatives cite examples of the former revealing information about the game without the consent of the publisher.

One such email refers to a New York Comic Con panel in October 2012, in which Gearbox CEO Randy Pitchford firmly states that a Wii U version of Aliens: Colonial Marines would launch in February 2013 alongside the other versions of the game. Emails within Sega stated that "no-one on the call was aware" of the Wii U version, and that it's "not been picked up so far." Of course, the game missed its Wii U launch window before Sega confirmed in March 2013 that it was no longer in development.

Continue reading Sega pins Aliens: Colonial Marines marketing mishaps on Gearbox

Sega pins Aliens: Colonial Marines marketing mishaps on Gearbox originally appeared on Joystiq on Thu, 04 Sep 2014 13:00:00 EST. Please see our terms for use of feeds.

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Court approves settlement over Sony's 2011 PSN breach

Mike Suszek — Thu, 24 Jul 2014 11:32:00 EST

The US District Court for the Southern District of California approved a settlement for the class action lawsuit resulting from Sony's 2011 PSN data breach. The settlement may result in Sony doling out as much as $17.75 million, which includes an offer for one free game (PS3 or PSP only), three PS3 themes or credit for three months of PlayStation Plus membership (valid only for new subscribers).

The claimant groups are divided based on whether PSN account holders prior to May 15, 2011 took advantage of the "Welcome Back" program following the intrusion. Those that did not accept the PSN Welcome Back offer can claim two of the benefit options among the games, themes and PS Plus membership credit on a first come, first served basis until a $6 million allocation from Sony is reached. For those that did take advantage of the program, they will receive one of the benefits above until a $4 million allocation is reached.

Continue reading Court approves settlement over Sony's 2011 PSN breach

Court approves settlement over Sony's 2011 PSN breach originally appeared on Joystiq on Thu, 24 Jul 2014 11:32:00 EST. Please see our terms for use of feeds.

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Grand Theft Auto Online class-action lawsuit dismissed

David Hinkle — Thu, 30 Jan 2014 18:30:00 EST

A class-action lawsuit filed against Rockstar Games and Take-Two has been dismissed by a US District Court in California today, Game Politics reports.

The plaintiffs in the class-action suit argued that Rockstar and Take-Two failed to deliver the full, promised Grand Theft Auto 5 experience - specifically, the online portion of the game, GTA Online. The suit claimed the state of Grand Theft Auto 5 at launch last September was "unlawful," "unfair" and "fraudulent" on the part of Take-Two and Rockstar. Judge Virginia A. Phillips disagreed, citing there is no language on the Grand Theft Auto 5 packaging guaranteeing the online portion of the game "immediately."

GTA Online launched on October 1, weeks after GTA 5 made its $1 billion debut at retail. Since then, Rockstar has iterated on its multiplayer offering by adding race and deathmatch creation tools, along with Rockstar Verified Jobs. Co-op heists will be added to GTA Online later this year.

Grand Theft Auto Online class-action lawsuit dismissed originally appeared on Joystiq on Thu, 30 Jan 2014 18:30:00 EST. Please see our terms for use of feeds.

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EA finds itself in third law firm's iron sights over Battlefield 4 issues

S. Prell — Sat, 21 Dec 2013 10:30:00 EST

EA has been under a lot of scrutiny lately. First, law firm Holzer Holzer & Fistel, LLC launched an investigation to uncover whether or not the company deliberately misled investors on the state of Battlefield 4 and the game's impact on company revenue. Then, law firm Robbins Geller Rudman & Dowd, LLP filed a class action lawsuit against the publisher. Now, law firm Bower Piven has likewise filed for a class action lawsuit, and is currently seeking a lead plaintiff.

Investors who lost more than $200,000 between July 24 and December 4 of this year have until February 17, 2014 to contact Bower Piven, should they wish to take up the mantle of lead plaintiff. The law firm alleges that EA violated the Securities Exchange Act of 1934 by failing to disclose the game's multitude of issues before release, which in turn left investors unable to make informed choices about their investments. EA's stock declined sharply following the announcement that future DICE projects would be put on hold until Battlefield 4 was fixed, hence Bower Piven's case.

This legal kerfuffle is starting to look like a regular battle(field).

EA finds itself in third law firm's iron sights over Battlefield 4 issues originally appeared on Joystiq on Sat, 21 Dec 2013 10:30:00 EST. Please see our terms for use of feeds.

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Battlefield 4 targeted in class action lawsuit

Danny Cowan — Thu, 19 Dec 2013 17:15:00 EST

Law firm Robbins Geller Rudman & Dowd LLP has filed a class action lawsuit against Electronic Arts alleging that the company issued "materially false and misleading statements" regarding the quality and playability of its troubled first-person shooter Battlefield 4.

Battlefield 4 has seen numerous patches in the weeks following its release, addressing major issues ranging from client crashes to save file corruption. The suit highlights the PlayStation 4 version of Battlefield 4 in particular, claiming that "players of Electronic Arts' games were being subjected to multiple glitches and significant crashes when attempting to play Electronic Arts' titles on PS4."

The Robbins Geller Rudman & Dowd suit marks the second time a law firm has targeted Electronic Arts over Battlefield 4 this month. Previously, Holzer Holzer & Fistel, LLC launched an investigation to determine whether EA misled investors regarding Battlefield 4's projected impact on company revenue. The results of this investigation have not yet been disclosed.

Individuals who purchased EA common stock between July 24 and December 4, 2013, have until February 15 to contact Robbins Geller for representation in the firm's class action lawsuit.

Battlefield 4 targeted in class action lawsuit originally appeared on Joystiq on Thu, 19 Dec 2013 17:15:00 EST. Please see our terms for use of feeds.

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Sega and Gearbox targeted in Aliens: Colonial Marines lawsuit

Mike Schramm — Tue, 30 Apr 2013 21:45:00 EST

Gearbox Software and Sega have both been named in a class action lawsuit alleging that the two companies knowingly misrepresented Aliens: Colonial Marines in trade show demos.

After the game was released to negative reviews, some players and critics claimed the game's trailers and demonstrations didn't match up to the final product. The lawsuit's plaintiff, Damion Perrine, and the law firm of Edelson LLC have decided to take the matter to court for consumers.

The suit cites a tweet from Gearbox head Randy Pitchford, who called initial complaints over the delta between demo and final game "understood and fair." The legal action also suggests demos were misleadingly labeled as "actual gameplay," and that Sega embargoed press reviews until the early morning of Colonial Marines' release date, preventing early buyers from discovering the differences. Accordingly, the suit asks for class action damages for anyone who pre-ordered the game or bought it on release day.

The next step in a class action suit like this will be for the courts to certify the class. Unless Sega and Gearbox fight for a settlement right away, Edelson will next need to figure out how many players were mislead in the way described in the lawsuit. Once determined, the class will be notified of the suit, and the case can move forward.

Sega and Gearbox targeted in Aliens: Colonial Marines lawsuit originally appeared on Joystiq on Tue, 30 Apr 2013 21:45:00 EST. Please see our terms for use of feeds.

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Class action lawsuit from PlayStation Network hack mostly dismissed

Jessica Conditt — Tue, 23 Oct 2012 20:00:00 EST

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.

Class 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.

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More THQ stockholders suing THQ over uDraw

Richard Mitchell — Wed, 18 Jul 2012 15:00:00 EST

After an initial investigation into whether or not THQ misled its investors about the demand for its uDraw tablet - and a subsequent lawsuit - shareholders have filed another lawsuit against the beleaguered publisher, reports GamesIndustry. The class action suit has been filed in the United States District Court for the Central District of California by New York law firm Levi & Korsinsky on behalf of THQ shareholders. The complaint alleging that THQ "misrepresented or failed to disclose" that the Xbox 360 and PlayStation 3 versions of uDraw were not selling and, thus, THQ "lacked a reasonable basis for their positive statements" about its current condition.

As GI points out, this is the second such lawsuit that THQ has faced in as many months. Shareholders wishing to join the suit may do so by filling out a form on the Levi & Korsinsky website.

More THQ stockholders suing THQ over uDraw originally appeared on Joystiq on Wed, 18 Jul 2012 15:00:00 EST. Please see our terms for use of feeds.

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Facebook under fire over virtual currency architecture; lawsuit seeks $5 million

David Hinkle — Sat, 21 Apr 2012 02:30:00 EST

Glynnis Bohannon is none too happy with Facebook right now. She argues her son - who purchased Facebook Credits for use in social games - did not know he was spending real-world money, and is looking for a refund. She's also trying to get Facebook to give back money to all the minors in the US who had laid down cash, and is looking for funds exceeding $5 million, court documents show.

Bohannon says Facebook's currency system goes against consumer protection laws in California. Minors from the age of 13 on can create an account on Facebook and purchase Facebook Credits, though there are warnings that individuals under the age of 18 must have permission from a parent. No specific apps were mentioned in the filing.

Facebook under fire over virtual currency architecture; lawsuit seeks $5 million originally appeared on Joystiq on Sat, 21 Apr 2012 02:30:00 EST. Please see our terms for use of feeds.

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Former QA tester files litigation against Take-Two, seeks class-action suit

Ben Gilbert — Wed, 31 Aug 2011 15:00:00 EST

Ex-Take-Two Interactive employee Aaron Martinez believes he was mistreated while employed by the publisher, and he's suing. In a notice sent to other QA employees, the former Visual Concepts (currently known as 2K Sports) quality assurance tester claims "Take-Two Quality Assurance Testers were not paid for all hours worked, were not provided required off duty meal and rest breaks, and were not paid all wages due at the time of termination." Resultantly, he's trying to gather other employees/ex-employees together in a class action suit.

For its part, Take-Two denies all claims, but the presiding court in California has yet to determine much about potential future legal actions. When we spoke with Martinez's lawyer, Michael Righetti, earlier today, he explained that his client has filed a punitive class action suit, and that the letter popping up online (seen in part above) was sent out last week as an act of compromise between Martinez and Take-Two, as well as to notify other employees of the suit. Martinez was employed by Visual Concepts/Take-Two beginning in December of 2006, and it is unclear when his time with the studio ended.

Bizarrely, in order to solicit contact information of other employees at Take-Two during Martinez's time of employment, the letter had to be sent by a third party working as an intermediary. Those receiving the letter have until Sept. 25 to opt out of having their information released, at which time their contact information will otherwise be given to the complainant's legal counsel.

The original complaint was filed by Martinez way back in June of 2010, and given the snail's pace at which the suit has proceeded thus far, we don't expect to hear much more anytime soon. With all that extra time, however, we suggest you pore over the latest version of the filing, in the gallery below.

Gallery: Aaron Martinez v. Take-Two Interactive Software (3rd Revision)

Former QA tester files litigation against Take-Two, seeks class-action suit originally appeared on Joystiq on Wed, 31 Aug 2011 15:00:00 EST. Please see our terms for use of feeds.

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Zynga hit with class action lawsuit over alleged FarmVille privacy leaks

Griffin McElroy — Wed, 20 Oct 2010 00:00:00 EST

We're not sure why people place so much value on their own privacy -- after all, we spend our days pouring out our hearts on this here public website -- but apparently, it's enough to warrant a class action lawsuit over Zynga's alleged leaks of Facebook users' private info. According to a press release from law firm Edelson McGuire, the suit, filed in a San Francisco federal court by St. Paul, Minn. resident Nancy Graf, seeks "monetary relief for those whose data was wrongly shared, and injunctive relief to prevent continued privacy abuses."

No specific amount was mentioned regarding the extent of the aforementioned "monetary relief," but seeing as how the announcement claims the leaks affected 218 million Facebook users, we're guessing the damages sought will be ... significant.

Zynga hit with class action lawsuit over alleged FarmVille privacy leaks originally appeared on Joystiq on Wed, 20 Oct 2010 00:00:00 EST. Please see our terms for use of feeds.

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Sony slapped with two more class-action suits over Other OS removal

Ben Gilbert — Tue, 11 May 2010 14:00:00 EST

As if one lawsuit regarding the removal of the Other OS functionality from the PlayStation 3 wasn't enough, two more class-action suits have been filed against Sony, reports IGN. Earlier this month, Todd Densmore and Antal Herz (of Georgia and California, respectively) filed a class-action suit against Sony, alleging that firmware update 3.2.1 (which removed the Other OS feature) made various features of the console unusable -- features that the suit claims weren't allowed to be removed without compensation, per the console's Terms of Service and System Software License Agreement.

Furthermore, a group of five US citizens filed a second suit in late April, also claiming "lost money" given the removed functionality. Both suits can be found in full here and here (warning: PDF links), and for its part, Sony reps have said "the company does not comment on pending litigation." Potentially, if the first of these two suits were to get anywhere, the implications would be rather large, as the "class" in this case includes "anyone who purchased a PlayStation 3 from November 17, 2006 to March 27, 2010 and folks who continue to own their console as of March 27, 2010."

Sony slapped with two more class-action suits over Other OS removal originally appeared on Joystiq on Tue, 11 May 2010 14:00:00 EST. Please see our terms for use of feeds.

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Class-action suit charges Microsoft with fraud

Ben Gilbert — Tue, 26 Jan 2010 11:30:00 EST

[Image credit: bloomsberries]

In a lawsuit filed by Philadelphia-area lawyer Samuel Lassoff, Microsoft is being sued for allegedly taking money from consumers for Microsoft Points that were erroneously used during "incomplete and/or partial downloads of digital goods and services and refused refund of same." The Horsham, Pa. resident claims that "an invoice he received early this month from Microsoft included charges for purchases he couldn't complete due to a balky download system," according to an InformationWeek.com report. Furthermore, he contends that this was no accident on Microsoft's part.

When we called Mr. Lassoff's law office for comment, we were met with a disconnected number message. However, the lawsuit's Facebook page (it's a brave new world, folks) calls the suit a "class action on behalf of several million US customers exposed to Microsoft Point fraud." Citing "fraud, breach of contract, negligence, unjust enrichment, and unfair business practices," Lassoff seeks a "full refund to all US consumers of all Microsoft Points fraudulently charged to consumers for incomplete or partial downloads of purchased digital goods and services."

Aside from his current lawsuit, Mr. Lassoff previously sued Google, Yahoo, and IAC Interactive in 2006 -- all three suits were eventually dropped.

[Thanks, Zo]

Class-action suit charges Microsoft with fraud originally appeared on Joystiq on Tue, 26 Jan 2010 11:30:00 EST. Please see our terms for use of feeds.

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Rockstar quietly settled class-action lawsuit with 'over 100' ex-Rockstar San Diego employees

Ben Gilbert — Fri, 15 Jan 2010 18:13:00 EST

In April of 2009, Rockstar Games settled out of court with with "over 100" Rockstar San Diego employees to the tune of $2.75 million (approximately $27,500 per person). The case, "Garrett Flynn, et al. v. Angel Studios, Inc./Rockstar Games et al.," was filed on August 21, 2006, by ex-Rockstar San Diego 3D artists Terri-Kim Chuckry and Garrett Flynn on behalf of themselves and fellow 3D artists, alleging that Angel Studios/Rockstar San Diego had "failed to pay overtime compensation ... to certain Angel employees whose primary duties are or were to create, produce, copy and/or install images into video games, using commercial or in-house software computer programs."

Sound familiar? That's likely due to the past week's barrage of Rockstar Games employees speaking out against alleged quality of life issues at the developer's various studios, including claims of "numerous non-exempt designers and artists have had their overtime pay cut as a result for being 'too senior.'"

In a press release issued after the settlement, Rockstar Games refuted the lawsuit's claims. "Angel denies the allegations in the lawsuit and admits no liability or wrongdoing in settlement." The settlement document (obtained earlier today by Joystiq) also spells out Rockstar's reasons for settling the suit, saying "further litigation would be protracted and expensive for all parties." Unsurprisingly, the company also contested in the settlement that a ruling against it was "relatively unlikely" for a number of reasons.

That said, when a multi-billion dollar corporation settles a suit with its employees out of court and awards them nearly $3 million in compensation, that's quite a statement unto itself -- regardless of the great lengths at which the final court settlement goes to deny that claim. We've contacted Rockstar Games for comment and haven't heard back as of publishing.

Rockstar quietly settled class-action lawsuit with 'over 100' ex-Rockstar San Diego employees originally appeared on Joystiq on Fri, 15 Jan 2010 18:13:00 EST. Please see our terms for use of feeds.

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LGJ: Class Dismissed

Mark Methenitis — Thu, 04 Dec 2008 21:00:00 EST

Filed under: Features

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

It seems almost weekly a new article appears on Joystiq referencing yet another class action filed against the game industry. If it's not consoles, it's kick pedals. As a result of this class action proliferation, I was asked by a reader to explain this whole class action concept in a little more detail. I'm sure most people have some idea of the basic concept behind the class action, but not necessarily why it's become the weapon of choice, so to speak, of certain disgruntled gamers or what these lawsuits actually entail.

The basic idea behind a class action suit is to resolve a large number of suits with similar elements in one proceeding, rather than requiring each to have its own proceeding. These similarly situated plaintiffs make up the 'class' in the class action. Taking the red ring suit as an example, there are a large number of people whose Xbox360s red ringed who could file suit under the theory presented. Rather than force Microsoft to potentially deal with each suit individually, they can deal with that 'class' in a single legal action. In reality, that's a gross oversimplification of the process.

Continue reading LGJ: Class Dismissed

LGJ: Class Dismissed originally appeared on Joystiq on Thu, 04 Dec 2008 21:00:00 EST. Please see our terms for use of feeds.

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