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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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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Sega moves for $1.25M Aliens: Colonial Marines settlement

S. Prell — Sat, 16 Aug 2014 17:00:00 EST

Aliens: Colonial Marines publisher Sega has moved to settle a class-action lawsuit brought against the company regarding alleged false advertising to the tune of $1.25 million, according to court documents filed with the US District Court for the Northern District of California.

Should the motion be accepted, plaintiffs Damion Perrine and John Locke would receive $2,500, while $312,500 would be used to cover their attorney fees. Administration fees would total $200,000. That leaves $735,000 to be divvied up among members of the class filing the lawsuit, with each share not exceeding $59.99.

Game Informer reports that the number of claimants is estimated to be roughly 135,000 people, which equals roughly $5.44 per payout. While that's not exactly what we'd call "rolling in the dough," the case could nonetheless set an interesting precedent for the way games are advertised. The days of the infamous "bullshot" could - could! - be numbered.

If accepted by the court, the motion would protect Sega - but not developer Gearbox - from further litigation.

[Image: Sega]

Sega moves for $1.25M Aliens: Colonial Marines settlement originally appeared on Joystiq on Sat, 16 Aug 2014 17:00:00 EST. Please see our terms for use of feeds.

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Sony sued over Killzone: Shadow Fall's 1080p promises

Jessica Conditt — Wed, 06 Aug 2014 19:00:00 EST

A California class-action lawsuit alleges Sony Computer Entertainment America engaged in "deceptive marketing" of Killzone: Shadow Fall for PS4 when it advertised the game running in 1080p. After launch, Digital Foundry found that the multiplayer portion of Shadow Fall runs in upscaled 960 x 1080 resolution, a step below 1080p - and law firm Edelson PC and plaintiff Douglas Ladore see a case there.

The suit, on behalf of Ladore and "all others similarly situated," seeks damages of more than $5 million. It also calls for Sony to more accurately advertise Shadow Fall's multiplayer resolution.

"Sony admitted that it did not in fact design Killzone to display multiplayer graphics in 1080p, but instead used a technological shortcut that was supposed to provide 'subjectively similar' results," the suit argues. "But Sony never advertised and convinced consumers to buy a technological shortcut."

Continue reading Sony sued over Killzone: Shadow Fall's 1080p promises

Sony sued over Killzone: Shadow Fall's 1080p promises originally appeared on Joystiq on Wed, 06 Aug 2014 19:00:00 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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Report: EA requested college athlete likenesses prior to NCAA lawsuit

Mike Suszek — Fri, 28 Feb 2014 18:30:00 EST

The NCAA reportedly considered licensing the names and likeness of student athletes to Electronic Arts for its college sports games before the publisher faced its class action suit led by Nebraska quarterback Sam Keller in May 2009. Documents from the ongoing Ed O'Bannon v. NCAA lawsuit reveal that EA sought to depict the athletes "just as they are shown on TV broadcasts" as of 2007, AL.com reported.

"This means putting student-athlete names on rosters and on jerseys in the game, and secondarily using facial likenesses (this could be done in stages)," the NCAA document in question stated. The Collegiate Licensing Company (CLC) was also involved in the discussion, as documents stating the CLC's position involved in the O'Bannon lawsuit said that "using the rosters in the games, and maybe the names of student-athletes on jerseys in the game would be worthwhile." The documents also reportedly state that the NCAA was aware that EA already based rosters for its college sports games on real-life athletes.

While EA and the CLC settled its lawsuit with student athletes to the tune of $40 million last year after canceling its college football game in development for this year, the O'Bannon v. NCAA lawsuit only just reached a new milestone today: U.S. District Judge Claudia Wilken ordered that settlement talks between both parties begin. The NCAA also sued EA and the CLC in November, alleging that EA failed to agree to compensate the NCAA for losses related to legal claims from student athletes after its proposed settlement.

[Image: NCAA]

Report: EA requested college athlete likenesses prior to NCAA lawsuit originally appeared on Joystiq on Fri, 28 Feb 2014 18:30:00 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 and NCAA's appeal rejected in likeness lawsuit

Mike Suszek — Wed, 31 Jul 2013 16:04:00 EST

The Ninth Circuit Court of Appeals has rejected an appeal by EA and NCAA that college athletes' likenesses were protected by the First Amendment with regard to the development of EA's college football and basketball games. Just yesterday, EA motioned to dismiss a third amended complaint that added six current NCAA student athletes to certify the class in the lawsuit.

The majority opinion held by the court stated that "EA's use of the likenesses of college athletes like Samuel Keller in its video games is not, as a matter of law, protected by the First Amendment." This began with former Nebraska quarterback Samuel Keller filing a class-action lawsuit against EA in May 2009. The suit has since been combined with that of former UCLA basketball player Ed O'Bannon, according to Bloomberg.

NCAA opted to not renew its contract with EA for development of the NCAA Football series earlier this month. EA stated that it will move forward in developing college football games with licensing provided by the Collegiate Licensing Company for the next three years on a non-exclusive basis.

Continue reading EA and NCAA's appeal rejected in likeness lawsuit

EA and NCAA's appeal rejected in likeness lawsuit originally appeared on Joystiq on Wed, 31 Jul 2013 16:04:00 EST. Please see our terms for use of feeds.

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EA motions to dismiss NCAA lawsuit before it becomes class action

Jessica Conditt — Tue, 30 Jul 2013 18:00:00 EST

EA asked a judge to dismiss the latest complaint in a lawsuit brought on by college athletes alleging EA, the NCAA and the Collegiate Licensing Company used players' names and likenesses in games without proper compensation. EA motioned to dismiss the plaintiffs' third amended complaint, which added six current NCAA athletes with the goal of certifying it as a class action lawsuit.

EA argued that the plaintiffs' new complaint pleaded "no facts to support their theory that EA participated in an antitrust conspiracy with the NCAA and CLC." This wasn't a new strategy - EA and the CLC previously argued they were following NCAA rules and were therefore not involved in an antitrust conspiracy, and EA repeated this defense in the motion for dismissal.

This was the second lawsuit against EA from the law firm Hagens Berman. The first case alleged EA violated antitrust laws by entering into exclusive deals with the AFL, NFL and NCAA. EA settled in this case in 2012 for $27 million and the loss of its exclusive licensing deal with the NCAA. This month, the NCAA announced it would no longer work with EA, exclusively or otherwise.

Steve Berman of Hagens Berman said he viewed the dead deal between EA and the NCAA as a direct result of the pressure of litigation. The court will rule on the class status of the current lawsuit, and respond to EA's motion to dismiss, by September 5.

EA motions to dismiss NCAA lawsuit before it becomes class action originally appeared on Joystiq on Tue, 30 Jul 2013 18:00:00 EST. Please see our terms for use of feeds.

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PSN class action settled in Canada, users can claim benefits

JC Fletcher — Fri, 19 Apr 2013 15:30:00 EST

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.

PSN 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.

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Blizzard faces class action suit over account authenticators

Mike Suszek — Sat, 10 Nov 2012 15:00:00 EST

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

Blizzard 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.

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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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Valve's updated Steam Subscriber Agreement bars class action lawsuits

Jessica Conditt — Wed, 01 Aug 2012 14:30:00 EST

If you're like most people, when Steam started up this morning you noticed there was an extra pop-up prompting you to click a button that says "I agree" a few times, and you did this without reading much into what you were consenting to. Turns out you don't actually "own" your left hand anymore. Oh, well.

Actually, it was an updated Steam Subscriber Agreement altering the legal options available to customers. First, Steam customers may no longer bring class action claims against the service, mirroring similar moves by large distribution and publishing companies, including Sony and Microsoft.

"We considered this change very carefully. It's clear to us that in some situations, class actions have real benefits to customers," Valve explains. "In far too many cases however, class actions don't provide any real benefit to users and instead impose unnecessary expense and delay, and are often designed to benefit the class action lawyers who craft and litigate these claims."

Individual claims will still be allowed, though Valve has now instituted a required process that channels these claims to arbitration or small claims court. Valve will reimburse the cost of arbitration under a certain amount, provided the arbitrator deems the claim isn't frivolous nor the expenses unreasonable.

Valve is also opening an office in Luxembourg "to better serve our EU customers and partners," who will sign an EU-specific SSA.

Hey, at least you still own your left hand.

Valve's updated Steam Subscriber Agreement bars class action lawsuits originally appeared on Joystiq on Wed, 01 Aug 2012 14:30:00 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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Game on: NFL likeness lawsuit against EA moving forward

Jordan Mallory — Sat, 31 Mar 2012 14:00:00 EST

A motion filed by EA to dismiss a class-action lawsuit filed against it by 6,000 retired NFL players has failed, reports Gamasutra. As you'll recall, the players that filed the suit claimed that their likenesses were used in Madden 09 without permission or compensation. While the player's names and numbers were changed, vital and identifiable statistics were left unchanged.

Rather than argue that it in fact didn't replicate real-world players without authorization, EA's motion to dismiss postulated that Madden 09's use of player likenesses was covered by the First Amendment, and therefore did not require consent or compensation. Since this motion was denied, the case will move on to court. Plaintiffs are seeking legal fees, damages and all profits generated through the use of said plaintiffs' likenesses.

Game on: NFL likeness lawsuit against EA moving forward originally appeared on Joystiq on Sat, 31 Mar 2012 14:00:00 EST. Please see our terms for use of feeds.

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Lawsuit filed against Sony's anti-lawsuit provision

Alexander Sliwinski — Tue, 20 Dec 2011 13:20:00 EST

A class-action suit filed in a California court late last month seeks to reverse Sony's forced prevention of class-action suits, which the company buried in a mandatory PSN update, following the PSN security breach earlier this year.

Gamespot reports the suit claims Sony engaged in unfair business practices by forcing consumers to choose between giving up access to PSN or the right to a class-action lawsuit over hardware they purchased. The suit also calls out Sony for only allowing consumers to opt-out of the class action provision by snail mail, rather than any modern communication method.

We've contacted Sony for an official statement about the suit.

Update: A Sony representative informed us, "We don't comment on pending litigation."

Lawsuit filed against Sony's anti-lawsuit provision originally appeared on Joystiq on Tue, 20 Dec 2011 13:20:00 EST. Please see our terms for use of feeds.

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New Xbox Live terms of service prevent class action lawsuits against Microsoft [update: opting out not allowed]

Richard Mitchell — Wed, 07 Dec 2011 13:55:00 EST

You can now add Microsoft to the growing list of companies including anti-class action lawsuit language in their terms of service. Following in the footsteps of EA and Sony, the latest Xbox Live terms of service requires that United States users agree to a "class action waiver."

As the language suggests, the waiver bars any user from entering a class action lawsuits against Microsoft, requiring instead that all disputes be solved by "informal negotiation." Should said negotiation fail to solve the dispute, individuals may enter into binding arbitration with the company.

Microsoft certainly isn't the first company to add such language to its terms of service, as mentioned above, and it likely won't be the last. The company has dealt with the looming specter of class action lawsuits before, one as recently as 2010. As with other similar terms of service changes, users may choose to reject it by sending a letter (a paper one) to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399.

We've embedded the relevant sections of the terms of service after the break.

Update: It turns out that you actually can't opt out of the arbitration agreement, at least not if you want to keep using Xbox Live. Microsoft has informed Kotaku that the ability for customers to reject changes only applies to future changes to the arbitration agreement. From now on, individuals wishing to file a dispute may do so by visiting xbox.com/notice, filling out a form and mailing it - again, an actual paper letter - to Microsoft.

Should the dispute not be satisfactorily resolved in 60 days, users can submit an arbitration claim (PDF), an onerous process requiring fees, multiple copies of forms and, not least of all, an attorney.

Continue reading New Xbox Live terms of service prevent class action lawsuits against Microsoft [update: opting out not allowed]

New Xbox Live terms of service prevent class action lawsuits against Microsoft [update: opting out not allowed] originally appeared on Joystiq on Wed, 07 Dec 2011 13:55:00 EST. Please see our terms for use of feeds.

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EA facing class-action lawsuit over lack of BF 1943 in BF3

Jordan Mallory — Sat, 19 Nov 2011 16:30:00 EST

Remember how EA originally planned to include a free copy of Battlefield 1943 with every new PS3 copy of Battlefield 3? So do a lot of other people, and they're so upset over EA's replacement "bonus" that they've filed a class-action lawsuit against the publisher, according to Kotaku.

Rather than monetary compensation, the firm representing those involved with the lawsuit (Edelson McGuire) is looking only for the free copies of Battlefield 1943 originally advertised; a promise which EA "could not, and never intended, to keep," according to the firm. As is the way with any legal proceeding involving the entertainment industry, it'll likely be years before any sort of progress is made in either direction.

EA facing class-action lawsuit over lack of BF 1943 in BF3 originally appeared on Joystiq on Sat, 19 Nov 2011 16:30:00 EST. Please see our terms for use of feeds.

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Service helps users opt out of EULA class-action prevention

Alexander Sliwinski — Wed, 05 Oct 2011 15:00:00 EST

If you're looking to opt out of the class-action lawsuit prevention clauses inserted by certain companies like Electronic Arts for Origin and Sony for PSN, a new service is seeking to streamline the process. The trick about opting out is consumers must send something known as a physical letter and use a "stamp" (an antiquated method of payment, we understand, to facilitate this analog-mail). Because this letter-mailing artform has been lost to time, GamersOptOut.com will help.

Continue reading Service helps users opt out of EULA class-action prevention

Service helps users opt out of EULA class-action prevention originally appeared on Joystiq on Wed, 05 Oct 2011 15:00:00 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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PSN breach and restoration to cost $171M, Sony estimates

James Ransom-Wiley — Mon, 23 May 2011 10:28:00 EST

In the lead-up to its fiscal year 2010 earnings report this Thursday, Sony today released a revised forecast -- forewarning a $3.2 billion loss (yowzah!) -- for the twelve months ending March 31, 2011. Having occurred in late April, the PlayStation Network attack and subsequent data theft and outage fall outside of that period, but the company nonetheless addressed "the impact" of the event during an investors call today, "since there have been so many media inquiries about this incident."

"As of today," said Sony, according to its call script, "our currently known associated costs for the fiscal year ending March 2012 are estimated to be approximately 14 billion yen on the consolidated operating income level." That's roughly $171 million -- a "reasonable assumption," says Sony -- that the company expects to spend throughout the current fiscal year on its "personal information theft protection program," in addition to "welcome back programs," customer support, network security "enhancements" and legal costs. Sony noted that revenue loss from the outage and recovery, which also spans its Qriocity and Sony Online Entertainment services, had been factored into the cost, as well.

"So far, we have not received any confirmed reports of customer identity theft issues, nor confirmed any misuse of credit cards from the cyber-attack," the company added. "Those are key variables, and if that changes, the costs could change."

And what about the class action suits? Sony qualifies them as "all at a preliminary stage, so we are not able to include the possible outcome of any of them in our results forecast for the fiscal year ending March 2012 at this moment."

PSN breach and restoration to cost $171M, Sony estimates originally appeared on Joystiq on Mon, 23 May 2011 10:28:00 EST. Please see our terms for use of feeds.

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Canadian firm proposes class action against Sony to the tune of $1B in damages

James Ransom-Wiley — Wed, 04 May 2011 11:25:00 EST

A proposed class action lawsuit filed in Ontario, Canada against Sony over the PlayStation Network breach is shooting for the jackpot. The suit claims damages "in excess of $1 billion" for the breach of consumer privacy, in part to cover the costs of credit monitoring and fraud insurance over two years for the estimated 1 million PSN and Qriocity users living in Canada.

Toronto law firm McPhadden Samac Tuovi has proposed the class action against Sony Japan, Sony USA, Sony Canada and other Sony "entities," and added in its press release, "While Sony has advised American users about the availability of free credit reports, it has yet to advice Canadian users about credit reports."

Filed on behalf of representative plaintiff Natasha Maksimovic, the claim alleges Sony exposed its customers to identity and financial theft, in addition to "fear, anxiety (and) emotional distress," according to The Canadian Press.

Maksimovic, 21, of Mississauga, Ont., has been described by the law firm as "an avid PlayStation user for years," who signed up for PSN and Qriocity for use on her PSP and Sony e-book. "If you can't trust a huge multinational corporation like Sony to protect your private information, who can you trust?" she asked in the firm's release. "It appears to me that Sony focuses more on protecting its games than its PlayStation users."

Sony has 20 days to file a statement of defense in Canada and additional time to do so in the US and elsewhere.

Continue reading Canadian firm proposes class action against Sony to the tune of $1B in damages

Canadian firm proposes class action against Sony to the tune of $1B in damages originally appeared on Joystiq on Wed, 04 May 2011 11:25:00 EST. Please see our terms for use of feeds.

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Class action lawsuit filed against Sony for security breach

Griffin McElroy — Wed, 27 Apr 2011 18:05:00 EST

As expected, the first federal class action lawsuit addressing the recent PSN security breach has been drawn up and submitted to the Northern District Court of California. The complaint, which was filed by the Rothken Law Firm representing 36-year-old Alabama resident Kristopher Johns (as well as every other affected PSN user), accuses Sony of "failure to maintain adequate computer data security of consumer personal data and financial data," and of failing to take "reasonable care to protect, encrypt, and secure the private and sensitive data of its users."

The suit also accuses the company of waiting too long to inform users about the breach, preventing them from making "an informed decision as to whether to change credit card numbers, close the exposed accounts, check their credit reports, or take other mitigating actions." The suit is seeking compensatory damages for the time and costs required to check their credit reports or change their credit or debit card information, as well as compensation for the PSN downtime.

According to IGN, Rothken Law Firm co-counsel J.R. Parker said in a statement, "Sony's breach of its customers' trust is staggering." He added, "Sony promised its customers that their information would be kept private. One would think that a large multinational corporation like Sony has strong protective measures in place to prevent the unauthorized disclosure of personal information, including credit card information. Apparently, Sony doesn't."

A PDF of the court document is embedded after the jump.

Continue reading Class action lawsuit filed against Sony for security breach

Class action lawsuit filed against Sony for security breach originally appeared on Joystiq on Wed, 27 Apr 2011 18:05:00 EST. Please see our terms for use of feeds.

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Class action suit filed against EA Sports over football monopoly

JC Fletcher — Wed, 06 Apr 2011 15:30:00 EST

The Madden lawsuit season is beginning! If you bought one of EA Sports' Madden, NCAA, or even Arena Football games between 2005 and now, you might be receiving an email naming you as part of a "class" of plaintiffs in a class action suit against EA.

The case "Pecover V. Electronic Arts, Inc." claims that EA's exclusive licenses "foreclosed competition in an alleged football video game market." Because of this lack of competition, the plaintiffs in the case claim that this monopoly allowed EA to overcharge for its games (even though EA Sports games cost the same as most other mass-market console games).

Right now, you're a member of the "class" of allegedly fleeced football fans if you bought any of the games, unless you bought them on a mobile platform, pre-owned, directly from EA, or while working for EA. If you want to opt out of the class (what -- you don't want to be part of something?), you can do so by following the instructions here. We've contacted EA for comment.

Class action suit filed against EA Sports over football monopoly originally appeared on Joystiq on Wed, 06 Apr 2011 15:30:00 EST. Please see our terms for use of feeds.

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GameStop targeted in class action suit over personal info

Andrew Yoon — Mon, 28 Feb 2011 21:00:00 EST

GameStop may know a lot more about you than you realize, a new class action lawsuit suggests. Melissa Arechiga is accusing the game retail giant of storing personal information of its customers without their knowledge or consent.

According to the complaint, GameStop acquires "additional personal information, including the cardholder's physical residential address, by pairing the PII (personal identification information) with the cardholder's name obtained from the credit card." Essentially, the suit alleges you're handing over a lot more than just a credit card number to GameStop when you swipe for your purchase.

"Such conduct is performed intentionally and without the knowledge or consent of the cardholder, and is of potentially great benefit to [GameStop]," the document adds. But how else would you be able to get Game Informer, right?

The class action suit will potentially apply to all Californian GameStop shoppers. IGN has posted a PDF copy of the suit in full.

GameStop targeted in class action suit over personal info originally appeared on Joystiq on Mon, 28 Feb 2011 21:00:00 EST. Please see our terms for use of feeds.

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Sony files to dismiss 'Other OS' class action lawsuit

James Ransom-Wiley — Mon, 20 Sep 2010 14:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

SCEA has filed a motion to dismiss a class action brought against the company for its removal of the PS3's "Other OS" feature, which allowed users to install Linux on the system. Sony argues that the lawsuit, a consolidation of seven similar suits filed last spring, fails to present evidence that the company overtly advertised Other OS in its marketing campaigns or on PS3 packaging.

Sony's filing also claims that the PS3 warranty, license agreement and the PlayStation Network Terms of Service "specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," according to court documents obtained by IGN. (Other OS was removed with a firmware update; and users who decline any update are barred from PSN.)

Additionally, Sony has requested that the "class" allegations be stricken from the suit because the plaintiffs did not all use Other OS in the same way. In fact, one of them never used the feature at all. With Sony presenting some seemingly solid grounds for the lawsuit's dismissal, it might be prudent for the plaintiffs to call a key witness to the stand when the two parties meet before a judge on November 4. How about ... the United States Air Force?

Sony files to dismiss 'Other OS' class action lawsuit originally appeared on Joystiq on Mon, 20 Sep 2010 14:00:00 EST. Please see our terms for use of feeds.

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Take-Two sending out Hot Coffee settlement checks

JC Fletcher — Tue, 30 Mar 2010 14:30:00 EST

If you went through all the trouble of traumatizing yourself by unlocking the Hot Coffee stuff in Grand Theft Auto: San Andreas ... cha-ching! Take-Two, owner of publisher Rockstar, has started paying out the settlement for the class action suit filed in response to the discovery of hidden sexual content on the disc. Depending on what kind of documentation you submitted, you're due an amount between $5 and $35 -- or, for those of you who sent your first-edition discs in, a new copy of the game. Which, we'd imagine, is worth quite a bit less than $35 these days.

The settlement website notes that "All those who filed claims for benefits prior to the May 16, 2008, deadline will receive those benefits prior to April 15, 2010." Which means you can start planning where that $5 is going to go right now. Perhaps a nice cup of coffee?

[Via Kotaku]

Take-Two sending out Hot Coffee settlement checks originally appeared on Joystiq on Tue, 30 Mar 2010 14:30:00 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: Gaming's professional plaintiffs and class actions

Mark Methenitis — Mon, 23 Nov 2009 17:30:00 EST

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

[Maveric2003]

The term "professional plaintiff" is thrown out at the idea that some people make their living as someone who partners with an attorney to bring so many lawsuits that their entire livelyhood rests on suing people. Googling the term will bring up dozens of results in many different areas of the law, but a series of events this week made me wonder if the game industry might just be the next target of this kind of behavior. Specifically, the reports of a class action over Xbox Live bannings and reports that the same person who sued Sony over being banned in Resistance is now suing Microsoft over red rings and Nintendo over homebrew.

So how does this professional plaintiff idea work? Speaking extremely generally, to bring a lawsuit, someone has to have standing, that is they suffered an injury and are substantially related to the harm that caused that injury so that they can sue over it. Past allegations of professional plaintiffs have often been related to suits related to the Americans with Disabilities Act, such that one disabled person is suing multiple establishments because they have standing to sue based on the lack of compliance with the Act. I'm sure many readers are thinking, "But how would this work in gaming? There are no gaming statutes that could give gamers standing to sue like that." Well, it's a pretty straightforward answer, actually.

Continue reading LGJ: Gaming's professional plaintiffs and class actions

LGJ: Gaming's professional plaintiffs and class actions originally appeared on Joystiq on Mon, 23 Nov 2009 17:30:00 EST. Please see our terms for use of feeds.

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Firm considers class action over Xbox Live bannings

Alexander Sliwinski — Thu, 19 Nov 2009 14:01:00 EST

Boutique law firm AbingtonIP is "investigating" what it considers the "convenient" recent Xbox Live bannings. The firm posits that the "tens of thousands" of banned Xbox Live subscribers who used modded consoles deserve recompense due to the timing of the action. The firm believes that said timing -- i.e., after Halo 3: ODST and shortly before Modern Warfare 2's releases -- was executed to net Microsoft as much money as possible out of potential Xbox Live subscribers before banning the modded devices. The class action lawsuit would attempt to obtain a refund for the prorated sums left on the banned Xbox Live subscriptions.

According to Joystiq legal columnist Mark Methenitis' analysis: "To me, this certainly sounds a lot like a cash grab directed at a company with deep pockets, but perhaps there are more facts than they are letting on." He explains that a user savvy enough to have a modded console would also know not to connect it to Live without "serious risk." Methenitis concludes, "If, in fact, Microsoft is inducing people to buy a service only to terminate them, then there's certainly a deceptive business practice concern. But this seems far more cut and dry than that."

[Thanks, C. Carl Carlston]

Firm considers class action over Xbox Live bannings originally appeared on Joystiq on Thu, 19 Nov 2009 14:01:00 EST. Please see our terms for use of feeds.

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Take-Two (finally) settles with investors for $20m over 'Hot Coffee' losses

Randy Nelson — Tue, 01 Sep 2009 18:30:00 EST

Take-Two has settled a class action lawsuit filed against it way back in 2006 by investors claiming the publisher intentionally hid the infamous "Hot Coffee" content in Grand Theft Auto: San Andreas in order to avoid an "Adults Only" rating from the ESRB. According to the original complaint, once the content was discovered (Take-Two originally claimed it wasn't actually on the disc) the game was reclassified to "AO" and company stock dropped, costing the plaintiffs a whole lot of beans. The suit also claimed that Take-Two provided misleading investor guidance, leading to more plaintiff losses.

According to Take-Two, class members will receive a share of a $20.1 million settlement. (Investors had originally demanded a jury trial and an undisclosed amount to cover their losses, attorney fees, etc.) In a prepared statement, Take-Two chairman Strauss Zelnick said, "We are pleased to have reached this settlement, which represents another important step forward for the Company." Not as pleased as the plaintiffs are, we bet.

[Image credit: Kanko]

Take-Two (finally) settles with investors for $20m over 'Hot Coffee' losses originally appeared on Joystiq on Tue, 01 Sep 2009 18:30:00 EST. Please see our terms for use of feeds.

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Square Enix sued over allegedly concealed FFXI fees

Xav de Matos — Fri, 26 Jun 2009 04:00:00 EST

According to the Courthouse News Service, a federal class action lawsuit has been brought against Square Enix for allegedly lying or "concealing its monthly fees, penalties for late payments, interest, restrictions and other things that should have been filly disclosed at points of purchase" for the MMO Final Fantasy XI.

Plaintiff Esther Leong of San Francisco is seeking more than $5 million for what she alleges to be "unfair business practices, false advertising and unjust enrichment."

It's unclear how Square Enix has hidden the subscription nature of Final Fantasy XI from potential (or ongoing) players. The game's official website (above) clearly states a monthly fee is required to play the online-only title, when clicking a tab labeled "Monthly Fees" -- as well as listing the subscription-based nature of the game on all retail packaging. Fair warning from the far-flung future to any and all involved in this hilariously moronic suit, Final Fantasy XIV is an MMO too. Anticipate a subscription ... or at least prep for another lawsuit.

Update: LGJ columnist Mark Methenitis takes a closer look at the class action on his Law of the Game blog.

[Via 1UP]

Square Enix sued over allegedly concealed FFXI fees originally appeared on Joystiq on Fri, 26 Jun 2009 04:00:00 EST. Please see our terms for use of feeds.

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Unsealed docs suggest Microsoft knew about 360's disc scratching

Ross Miller — Mon, 15 Dec 2008 17:30:00 EST

Filed under: Microsoft Xbox 360

It's been some time since we've heard about any lawsuits against Microsoft over the Xbox 360's disc-scratching issue. A document in one pending suit was unsealed last week and asserts that Microsoft discovered the problem prior to launch and had multiple options to fix it, all of which the company rejected at the time. We've heard the argument before, but there are a few new alleged details here.

The three options listed were increase the magnetic field of disc holder (rejected because it would interfere disc opening and closing mechanism), slowing disc rotation speed (would have slowed game loads) and installing small bumpers (would cost an additional $35 to $75 million). According to the document, Microsoft's solution of appending the manual and offering a disc replacement program was deemed insufficient by company employees via an internal email. The plaintiffs are still seeking class action status while Microsoft hopes the courts will end up disc-arding the whole issue (har).

[Via X3F, SeattlePI]

Read - Plaintiffs' Motion for Class Certification (PDF File)

Unsealed docs suggest Microsoft knew about 360's disc scratching originally appeared on Joystiq on Mon, 15 Dec 2008 17:30:00 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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Activision settles Guitar Hero III class action suit

Candace Savino — Tue, 08 Apr 2008 11:15:00 EST

Activision has been dealing with the anger of Guitar Hero III owners, which culminated four months ago in a class action lawsuit. The plaintiff, Sam Livingston, filed the suit against Activision because of the company's "deceptive" conduct regarding the lack of Dolby Pro Logic II.

Instead of letting the case get to court, though, Activision decided to offer a settlement. The amount of cash that exchanged hands in the deal was not made public, but we bet a check will be more satisfying than a complimentary faceplate. Oh, and speaking of those? They were actually less of an act of kindness on Activision's part, and more of a required legal stipulation from the settlement.

Even though Activision probably lost a whole lot of pennies in order to settle, we're sure the company is happy that there's now one less lawsuit to worry about this year.

[Via Game|Life]

Activision settles Guitar Hero III class action suit originally appeared on Joystiq on Tue, 08 Apr 2008 11:15:00 EST. Please see our terms for use of feeds.

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Xbox Live lawsuit is worth 'pennies'

Ross Miller — Wed, 09 Jan 2008 14:30:00 EST

Filed under: Microsoft Xbox 360, Online, Business

Remember that class action lawsuit last week that claimed $5 million in damages for Xbox Live downtime? It was filed by 3 Texas residents, but is the monetary figure justifiable? Gaming Steve did the math to determine that, at $50 a year for Gold service, one day of outage is worth approximately 13.7 cents. For about six days of outages, that's 82 cents, or $2.46 for the three who filed the suit. Punitive damages aside, the $5 million would cover 36.5 million Xbox Live Gold users who were hit with outages.

Of course, all the math is moot when you read the Xbox Live Terms of Use, specifically clause 16, which begins "We Make No Warranty: We provide the Service 'as-is,' 'with all faults' and 'as available.'" Just be happy you're getting a free game, fellas. As for the disheartened lawyers, don't fret, they can now spend more time trying to monetize the missing Halo 3 pixels.

Xbox Live lawsuit is worth 'pennies' originally appeared on Joystiq on Wed, 09 Jan 2008 14:30:00 EST. Please see our terms for use of feeds.

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Activision sued over sound issues in GHIII

Candace Savino — Wed, 12 Dec 2007 19:00:00 EST

We recently reported that Activision would be issuing re-mastered Guitar Hero III discs to fix the lack of stereo and surround sound in the game. For some people, however, this fix is seen as too little, too late, and now the company faces a class-action lawsuit.

The complaint, brought about by plaintiff Sam Livingston, states that Activision's conduct has been "deceptive" and "unlawful" because the game is not compatible with Dolby Pro Logic II, thereby counteracting the label on the game's box. Those behind the complaint feel that Activision needs to pay up for misrepresenting their product, and for continuing to sell the Wii version of the game without warning consumers about the sound issues. The aggregate claims of the plaintiff and the members of the class-action suit amount to $5,000,000, to which we can only say, ouch.

Activision refused to comment on the lawsuit, but did state that they were actively working to have the re-mastered discs ready by early 2008, which will be available to owners of the game at no cost.

[Via Game|Life]

Activision sued over sound issues in GHIII originally appeared on Joystiq on Wed, 12 Dec 2007 19:00:00 EST. Please see our terms for use of feeds.

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