Joystiq

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

JC Fletcher — Tue, 30 Apr 2013 17:15:00 EST

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

John 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.

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EA and Zynga settle The Ville lawsuits

Alexander Sliwinski — Fri, 15 Feb 2013 15:00:00 EST

Electronic 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.

EA 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.

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Kotick on why firing West, Zampella was easy, turning down a CoD film

Jessica Conditt — Sun, 16 Dec 2012 18:00:00 EST

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.

Kotick 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.

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

Sinan Kubba — Mon, 05 Nov 2012 11:30:00 EST

Wizards 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

Wizards 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.

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

Mike Suszek — Sat, 15 Sep 2012 13:30:00 EST

Zynga 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'

Zynga 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.

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Highlights from EA's lawsuit against Zynga

Alexander Sliwinski — Fri, 03 Aug 2012 15:00:00 EST

Earlier today, EA announced it had filed a lawsuit against Zynga over The Ville for what it deemed a "clear violation" of copyright laws. Having reviewed the court documents, here are some of the highlights from EA's claims:

"As The Sims Social increased in popularity and visibility, Zynga turned to its well- known competitive playbook: "Steal someone else's game. Change its name,"1 then cross- promote the Zynga clone to its extensive user base."
"Zynga's The Ville, released on June 26, 2012, is an unmistakable copy of EA's The Sims Social. Not only does The Ville blatantly mimic the entire framework and style of gameplay in The Sims Social, but it so closely copies the original, creative expression and unique elements of The Sims Social - i.e., the animation sequences, visual arrangements, characters' motions and actions, and other unique audio-visual elements - that the two games are nearly indistinguishable."

EA v Zynga Complaint Final

Continue reading Highlights from EA's lawsuit against Zynga

Highlights from EA's lawsuit against Zynga originally appeared on Joystiq on Fri, 03 Aug 2012 15:00:00 EST. Please see our terms for use of feeds.

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EA sues Zynga over 'The 'Ville' [update: Zynga responds]

Alexander Sliwinski — Fri, 03 Aug 2012 13:20:00 EST

EA has filed a lawsuit against Zynga over The Ville, alleging that the social games giant is "in clear violation" of copyright laws.

"The legal reasons are solid. But for creative teams who feel that their hard work and imaginations have been ripped off, there's obviously an emotional element too," wrote Maxis general manager Lucy Bradshaw. "As outlined in our complaint, when The Ville was introduced in June 2012, the infringement of The Sims Social was unmistakable to those of us at Maxis as well as to players and the industry at large."

"This is a case of principle. Maxis isn't the first studio to claim that Zynga copied its creative product. But we are the studio that has the financial and corporate resources to stand up and do something about it. Infringing a developer's copyright is not an acceptable practice in game development. By calling Zynga out on this illegal practice, we hope to have a secondary effect of protecting the rights of other creative studios who don't have the resources to protect themselves."

Update 2: You can now read the complaint in full.

Update: Zynga's full statement after the break.

Continue reading EA sues Zynga over 'The 'Ville' [update: Zynga responds]

EA sues Zynga over 'The 'Ville' [update: Zynga responds] originally appeared on Joystiq on Fri, 03 Aug 2012 13:20:00 EST. Please see our terms for use of feeds.

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Report: Activision may have paid 'tens of millions' to West, Zampella

Jessica Conditt — Mon, 30 Jul 2012 18:30:00 EST

When ex-Infinity Ward employees Jason West and Vince Zampella settled their lawsuit with Activision, it was sudden, shocking, and most of all, secret. Activision paid out an undisclosed sum to West and Zampella just before a full trial was set to begin, and while it is expected the exact amount may never be made public, experts can still make an educated guess.

Financial analyst Doug Creutz of Cowen and Company posits that the settlement was worth "tens of millions," Gamespot reports. Considering Activision paid out $42 million to the Infinity Ward Employee Group as part of a separate lawsuit, and West and Zampella were seeking $1 billion when the case reached its bitter peak, this ballpark figure checks out.

Activision will report earnings on Thursday, August 2, and Creutz says he expects investors will ignore the impact of the settlement on Activision's bottom line.

Report: Activision may have paid 'tens of millions' to West, Zampella originally appeared on Joystiq on Mon, 30 Jul 2012 18:30:00 EST. Please see our terms for use of feeds.

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Luxembourg software company suing EA, Square Enix, several others over patent infringement

Ben Gilbert — Mon, 23 Jul 2012 09:30:00 EST

What do Notch, John Riccitiello, Yoichi Wada, and Phil Larsen all have in common? A likely lacking fondness for Luxembourg-based software company Uniloc, who filed lawsuits against Notch's Mojang, Riccitiello's EA, Wada's Square Enix, and Larsen's Halfbrick recently (among others), contending that all the companies infringe on a networking patent held by Uniloc.

The patent, US patent number 6,857,067, says that Uniloc has rights to a "system and method for preventing unauthorized access to electronic data," and Uniloc contends that the aforementioned corporations are infringing on that patent via Android-based games. In the case of EA, it's Bejeweled 2, and in the case of Square Enix, it's Final Fantasy III that's cited - if the game at any time communicates with a centrally owned server to legitimize its license, Uniloc contends that it violates the patent.

Uniloc has a history of patent litigation over software. The company sued Microsoft in 2003, eventually winning. It has since filed suit against many, many other software manufacturers for other alleged patent violations.

Luxembourg software company suing EA, Square Enix, several others over patent infringement originally appeared on Joystiq on Mon, 23 Jul 2012 09:30:00 EST. Please see our terms for use of feeds.

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EA files $27 million settlement in lawsuit, cannot renew current NCAA license [Update]

Mike Suszek — Sat, 21 Jul 2012 18:00:00 EST

Electronic Arts reached a settlement in a class action lawsuit that dates back to 2008 for $27 million, and will be unable to renew its exclusive agreement with the NCAA, providing the court upholds the settlement terms.

The original lawsuit claimed that EA violated antitrust laws by entering exclusive license agreements with the NFL, NCAA, and AFL. The $27 million settlement fund proposed by EA would, in part, benefit those that purchased any EA Sports football game from January 2005 to today. Specifically, customers that bought any of the included GameCube, Xbox, and PS2 games may get up to $6.79 per game, and $1.95 per Wii, Xbox 360, and PS3 game.

EA also agreed to stipulations on future license agreements as part of the proposed settlement, as it will not make any exclusive licensing deals with the AFL for five years, and will not renew its current agreement with the NCAA. Additionally, EA won't be able to enter another exclusive licensing agreement with the NCAA for five years. The company's exclusive NFL trademark licensing deal remains untouched in the proposed settlement, which awaits final approval by the court on September 27.

Update: As a clarification, EA Sports' future NCAA license will be non-exclusive. EA sent us the following statement: "We made a business decision to settle this lawsuit and put the matter behind us. We look forward to continuing our partnerships with the NFL and NCAA."

Continue reading EA files $27 million settlement in lawsuit, cannot renew current NCAA license [Update]

EA files $27 million settlement in lawsuit, cannot renew current NCAA license [Update] originally appeared on Joystiq on Sat, 21 Jul 2012 18:00:00 EST. Please see our terms for use of feeds.

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Former NCAA athletes' lawsuit against EA is so on

Jessica Conditt — Fri, 18 May 2012 19:45:00 EST

EA's request to dismiss a class action lawsuit from former NCAA athletes has been denied, meaning the trial will movie forward and EA stands to lose more than $1 billion if found at fault.

The former NCAA athletes claim EA conspired with the NCAA and the CLC to have players sign away their likenesses and names to be used in video games without compensation. The players allege that in order to participate in NCAA sports they were required to sign a form allowing EA their likenesses in games, even after their college sports careers ended.

The federal judge previously dismissed other claims in the lawsuit, but denied EA's attempt to have an antitrust claim thrown out.

EA is facing more than a few lawsuits at the moment, but it did recently settle a two-year-old lawsuit with Activision, with as-yet undisclosed concessions from either side.

Former NCAA athletes' lawsuit against EA is so on originally appeared on Joystiq on Fri, 18 May 2012 19:45:00 EST. Please see our terms for use of feeds.

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EA and Activision settle in Call of Duty lawsuit

Jessica Conditt — Wed, 16 May 2012 21:00:00 EST

EA and Activision have reached a settlement in a lawsuit that began two years ago, pertaining to the departure of Infinity Ward heads Jason West and Vince Zampella. EA had been accused of secretly recruiting the pair while they were still at Activision.

No details about the settlement are currently available, but both companies said today that they will file a settlement agreement in Los Angeles' California state court.

Former Infinity Ward developers Jason West and Vince Zampella sued Activision in 2010 after being fired, claiming damages of $36 million from unpaid royalties associated with Modern Warfare 2, which launched in 2009. After leaving Activision, the pair began their own studio, Respawn Entertainment, and inked a publishing deal with EA. Since then, West and Zampella's claim rose to $1 billion and Activision countersued with EA as a defendant.

Activision recently paid out $42 million to the Infinity Ward Employee Group, though not as a settlement; IWEG said it would pursue litigation and is still scheduled for trial May 29.

The settlement news comes the same day as a report on Activision's "dirt"-digging tactics has surfaced, stating that Activision launched an information-gathering IT spree on West and Zampella just before the launch of Modern Warfare 2, intended to see them both fired. Activision called it "Project Icebreaker."

No joke.

In Project Icebreaker, Activision's George Rose asked the IT department to access West and Zampella's email, voicemail and computer without anyone's knowledge, a court filing given to Giantbomb by West and Zampella's attorneys shows. The orders reportedly came from Activision CEO Bobby Kotick. Activision attempted to use third-party security specialists and threw around the idea of staging a fake fumagation to get into West and Zampella's offices, the report says.

But now the case is settled -- any verdict on the level of sanity of gaming companies is, however, still out.

EA and Activision settle in Call of Duty lawsuit originally appeared on Joystiq on Wed, 16 May 2012 21:00:00 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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EA claims First Amendment protections against expected helicopter lawsuit

Alexander Sliwinski — Mon, 09 Jan 2012 21:16:00 EST

Electronic Arts is seeking First Amendment protections in an upcoming legal dispute with the maker of military helicopters featured in Battlefield 3. Kotaku reports that Textron, the parent company of Bell Helicopters, asked EA on December 21 to cease the depictions of three of its aircraft found in Battlefield 3. Last Friday, EA did a pre-emptive tactical suit against Textron, saying the helicopters are "protected by the First Amendment and the doctrine of nominative fair use."

EA states that the Bell helicopters aren't highlighted or given any great distinction in the game. The publisher also claims the aircraft are just "a few of countless creative visual, audio, plot and programming elements that make up EA's expressive work, a first-person military combat simulation."

The publisher won a similar suit last year against Ex-Rutgers University quarterback Ryan Hart, who believed his likeness was used in NCAA Football without consent. The judge felt EA's First Amendment rights to free expression outweighed Hart's right to protect his likeness, despite the character in the game having "Hart's physical attributes, sports statistics, and biographical information in mind."

Speaking of First Amendment protections, Electronic Arts claims it has no individual position on SOPA, but wants the law to bail it out here ... mmm, chewy irony.

EA claims First Amendment protections against expected helicopter lawsuit originally appeared on Joystiq on Mon, 09 Jan 2012 21:16:00 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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Former Celtics coach suing EA, NCAA over misuse of likeness

Ben Gilbert — Fri, 07 Oct 2011 14:00:00 EST

Former Boston Celtics center and coach Bill Russell is suing both Electronic Arts and the National Collegiate Athletic Association over what he claims is a misuse of his likeness. In his complaint, Russell accuses EA and the NCAA of illegally using his image for the "Tournament of Legends" mode in the NCAA game franchise, and says he hasn't been offered money or asked for consent.

Russell's complaint isn't the first of its kind to be made against the sports game giant, with one case being successful against EA while another, more recent one was dismissed on First Amendment grounds. For its part, the NCAA sympathizes with Russell, but doesn't necessarily agree with his complaint. It said the suit and others like it "would cause the NCAA to lock up its archive of champion contests, and they would be held hostage unless every student-athlete, coach, band member, cheerleader and fan in a photo or camera shot received compensation." EA, on the other hand, withheld comment.

Former Celtics coach suing EA, NCAA over misuse of likeness originally appeared on Joystiq on Fri, 07 Oct 2011 14:00:00 EST. Please see our terms for use of feeds.

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Electronic Arts sues EA (a fitness company) in logo dispute

David Hinkle — Wed, 05 Oct 2011 22:34:00 EST

The logo pictured, for Energy Armor, probably reminds you of the Electronic Arts logo. And according to Electronic Arts, it's a logo "likely to cause confusion, or to cause mistake, or to deceive consumers as to an affiliation, connection, or association between Energy Armor and Electronic Arts." Because of this, Electronic Arts has filed a complaint with the court of California, Gamasutra reports.

Energy Armor, a company whose chief offering is wristbands, recently registered the logo with the United States Patent and Trademark Office -- the same logo that appears on the company's popular wristbands. Electronic Arts' complaint calls for a block on the registration, and that all existing wristbands Energy Armor is holding on to be delivered and destroyed.

Not yours, though. You already bought it, so you're cool.

Electronic Arts sues EA (a fitness company) in logo dispute originally appeared on Joystiq on Wed, 05 Oct 2011 22:34:00 EST. Please see our terms for use of feeds.

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Court dismisses QB's case against EA over image usage in NCAA Football

Jordan Mallory — Sat, 10 Sep 2011 16:30:00 EST

Ex-Rutgers University quarterback Ryan Hart has had his lawsuit against Electronic Arts dismissed by US District Judge Freda Wolfson, reports Reuters. The suit alleged that EA knowingly used Hart's likeness in NCAA Football without his consent, and as such should be required to provide Hart with compensation. In this case, Hart's "likeness" amounts to his physical appearance and footballery stats, not his actual name.

Judge Wolfson dismissed the suit on the grounds that EA's First Amendment rights to free expression outweigh Hart's right to protect his likeness, despite the fact that the character in question was "designed with Hart's physical attributes, sports statistics, and biographical information in mind." Wolfson feels that the game's robust character customization options negate the impact of these similarities, as they are not set in stone.

This ruling contradicts a precedent set by a similar case in 2010, in which a California judge allowed a suit by ex-Arizona State University/University of Nebraska quarterback Samuel Keller, a decision which EA is currently appealing.

Speaking of appeals, Hart's legal representation is naturally appealing the Judge's ruling, calling the outcome "a major disappointment." As is the way with this sort of thing, it will likely be several months before any progress is made by either party. Until then, enjoy this bathroom stall poem we've penned for the occasion: "Here I sit all broken Harted, tried to sue but got Electronic Arted."

Court dismisses QB's case against EA over image usage in NCAA Football originally appeared on Joystiq on Sat, 10 Sep 2011 16:30:00 EST. Please see our terms for use of feeds.

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Infinity Ward's day in court: May 7, 2012

Jessica Conditt — Fri, 09 Sep 2011 19:20:00 EST

Former Infinity Ward bossmen Jason West and Vincent Zampella have an official court date of May 7, 2012 to settle their dispute with Activision. West and Zampella seek $125 million in unpaid royalties from Modern Warfare 2 sales and wish to reclaim their contractual rights to the Modern Warfare brand. Activision fired both developers in March 2010 for illegally consorting with EA, and has counter-sued West, Zampella and EA for $400 million, claiming EA hijacked its employees.

Since The Firings, West and Zampella founded Respawn Entertainment and now have 40 former Infinity Ward employees working at the studio, which is creating an unannounced, blurry IP. Activision's suit is clear to proceed, but doesn't yet have a date -- considering how long this first case could drag on, we guess it'll go to court around January 2068.

Infinity Ward's day in court: May 7, 2012 originally appeared on Joystiq on Fri, 09 Sep 2011 19:20:00 EST. Please see our terms for use of feeds.

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USA Today: EA could lose over $1B in NCAA athlete suit

Alexander Sliwinski — Wed, 03 Aug 2011 22:00:00 EST

USA Today has calculated that Electronic Arts could face $1 billion in damages if it eventually loses a class-action lawsuit brought against the publisher and the NCAA by former college athletes. The lawsuit, which has been ongoing for two years, revolves around compensation for athletes' likenesses being used in EA's NCAA football and basketball games.

The Cliff's Notes version of the math works a little something like this: the law apparently says each player can be awarded $1,000 per likeness, per platform. This ends up being about $305.5 million for all the football players and $29 million for basketball players, a total of $334.5 million. Now, if the judge decides EA and the NCAA were "knowing, willful or intentional" in their compensation violation, the amount can be tripled under the Indiana publicity rights statute for damages over a billion dollars.

EA's official statement, provided by EA corp. comm VP Jeff Brown: "We could lose billions more if a giant meteor hits the earth. We're not planning for either outcome."

USA Today: EA could lose over $1B in NCAA athlete suit originally appeared on Joystiq on Wed, 03 Aug 2011 22:00:00 EST. Please see our terms for use of feeds.

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Trip Hawkins disputes Madden lawsuit claims

David Hinkle — Thu, 07 Apr 2011 17:00:00 EST

Robin Antonick, a designer on John Madden Football, filed a lawsuit against EA recently, looking for monetary compensation and credit for his work. He claims the current generation's installments were "derived from software" he helped develop. But according to statements from Trip Hawkins (via LA Times), Antonick's recollection of the past is a bit off.

First of all, he says that Antonick didn't work side-by-side with Hawkins in the office as he claims, but was rather a contractor who worked out of his home in Chicago. Hawkins also claims that Antonick was "one of many" people who worked on the game and wasn't responsible for "driving the game" at any point. Apparently there's press corroboration to some of this, as well -- Hawkins' four-year stint developing the game would be referred to as "Trip's Folly" internally, suggesting that Antonick's role was more diminished than he suggests.

Hawkins also claims that Antonick was only commissioned to work on the first 8-bit game, and wasn't tapped to help work on subsequent 16-bit versions of the game, which he claims needed "more advanced" programmers than Antonick.

[Image: Retro Games DB]

Trip Hawkins disputes Madden lawsuit claims originally appeared on Joystiq on Thu, 07 Apr 2011 17:00:00 EST. Please see our terms for use of feeds.

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Judge: Activision's suit against EA and former IW heads can proceed

Mike Schramm — Wed, 16 Mar 2011 20:30:00 EST

A California judge has ruled that the lawsuit filed by Activision against former Infinity Ward studio heads Vince Zampella and Jason West can move forward. EA originally filed to dismiss the case after Activision claimed that its rival colluded with West and Zampella while they were still under contract, but California Superior Court Judge Elihu Berle decided today that there was enough evidence for the case to go on towards trial.

EA can still file a request for a summary judgment, so there's still one more option for the courts to reject Activision's claims of collusion and avoid actually going to trial. If that request isn't filed or the judgment doesn't eventually pass, then the lawsuit itself is set to go to trial in May of this year.

Judge: Activision's suit against EA and former IW heads can proceed originally appeared on Joystiq on Wed, 16 Mar 2011 20:30:00 EST. Please see our terms for use of feeds.

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EA calls Activision's legal claims 'deliberate misdirection'

Ben Gilbert — Wed, 22 Dec 2010 11:00:00 EST

In light of last night's revised lawsuit announcement by Activision, Electronic Arts corporate spokesperson Jeff Brown responded on behalf of his company, characterizing the announcement to the LA Times as "a PR [public relations] play filled with pettiness and deliberate misdirection." The revised suit added EA as defendants in the case between Activision and West/Zampella, citing several alleged interactions between the ex-Infinity Ward heads and EA, a relationship said to have been fostered by talent agency CAA.

Brown continued, accusing Activision of attempting to "hide the fact that they have no credible response to the claim of the two artists who were fired." He further contends that West and Zampella "now just want to get paid for their work." Unfortunately, it seems for all parties involved that this whole affair is a bit far beyond the basic reconciliation point.

EA calls Activision's legal claims 'deliberate misdirection' originally appeared on Joystiq on Wed, 22 Dec 2010 11:00:00 EST. Please see our terms for use of feeds.

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Harmonix founders, ex-shareholders sue Viacom

Richard Mitchell — Tue, 21 Dec 2010 11:20:00 EST

Gamasutra reports that a group of ex-shareholders of Harmonix, including company founders Alex Rigopulos and Eran Egozy, has filed a lawsuit against Viacom. The group accuses Viacom of avoiding performance-based bonuses for the Rock Band franchise, which the company first published in 2007 after acquiring Harmonix in 2006.

Specifically, Viacom's acquisition deal stated that Harmonix shareholders would be awarded with 3.5 times any gross profit of the Rock Band franchise over $32 million in 2007, a deal that Gamasutra states had "no cap." A similar deal applied to 2008 for profits over $45 million. To put things in perspective, the Rock Band franchise surpassed $1 billion in sales by March of 2009, and that was just in North America.

The shareholder suit alleges that Viacom attempted to manipulate Harmonix's earn-out payments by negotiating a deal with EA that benefitted Viacom instead of Harmonix. Specifically, the shareholder group claims that Viacom ignored the opportunity to lower EA's distribution cost -- in effect raising potential Rock Band profits -- as part of a deal to continue distribution. Instead, the company allegedly made a deal that would see EA purchase millions in advertising from MTV, thus benefitting its parent company, Viacom.

It's evidently a pretty hairy situation, especially in light of Viacom's recent decision to sell Harmonix entirely. We've reached out to Harmonix for comment.

Harmonix founders, ex-shareholders sue Viacom originally appeared on Joystiq on Tue, 21 Dec 2010 11:20:00 EST. Please see our terms for use of feeds.

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Judge strips Langdell of trademarks, doesn't award EA damages

David Hinkle — Tue, 12 Oct 2010 23:00:00 EST

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

Tim Langdell and EA have been bumping heads for a while now. As suggested last week, Judge William Alsup has approved a move to cancel Langdell's collection of "Edge" trademarks after he lost a legal battle with EA, concerning "Mirror's Edge." All parties must furnish their own court costs and EA will receive no damages, GamesIndustry.biz reports.

There's also a special stipulation: Langdell must inform "all persons and entities with whom a licensing agreement has been obtained involving the trademarks asserted herein that the marks have been cancelled and provide these persons and entities with a copy of the order denying plaintiff's motion for a preliminary injunction and the final judgment." In layman's terms, it means that Langdell must contact these firms and individuals and inform them he no longer holds any of these "Edge" trademarks. By Friday, Langdell or his representatives must provide a sworn statement to this effect.

As for EA, it looks like the company is ready to move on from the affair. In a statement, an EA representative stated, "We're pleased that we've reached a settlement and can put this behind us."

Judge strips Langdell of trademarks, doesn't award EA damages originally appeared on Joystiq on Tue, 12 Oct 2010 23:00:00 EST. Please see our terms for use of feeds.

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Final Justice: Strip Langdell of 'Edge' trademarks, court proposes

James Ransom-Wiley — Thu, 07 Oct 2010 18:40:00 EST

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

In a followup to EA's legal victory against declared trademark "troll" Tim Langdell earlier this week, a U.S. district judge has proposed the cancellation of Langdell's trademarks filed with the Patent and Trademark Office. The trademarks are for various phrase combinations using the word "Edge" (e.g., "Cutting Edge"), confirms GamesIndustry.biz, and have been used by Langdell for years to force companies to change their game titles or pay settlements to him -- until EA stood up over the "Mirror's Edge" dispute.

Evidence provided by EA in its counterclaim showed that Langdell used doctored Edge magazine covers and box art to support his claim to the trademarks. The court's judgment to strip Langdell of his trademarks is currently pending agreement from EA and Langdell's legal teams (which is expected), but does not address possible criminal penalties that Langdell could be subject to through further litigation.

Final Justice: Strip Langdell of 'Edge' trademarks, court proposes originally appeared on Joystiq on Thu, 07 Oct 2010 18:40:00 EST. Please see our terms for use of feeds.

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EA wins 'Edge' trademark suit; court cites Langdell for 'trolling'

James Ransom-Wiley — Tue, 05 Oct 2010 13:30:00 EST

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

Edge Games founder Tim Langdell may have picked on someone a little too big. According to court documents obtained by IndustryGamers, EA has won a crucial legal decision over Langdell, following a court's denial to grant his motion for an injunction that would have taken away the publisher's rights to the "Mirror's Edge" game title.

Since 2001, when he sought legal action against Namco for its "Soul Edge" game, Langdell has been filing lawsuits that target companies, including indie developer Mobigame, that incorporate the word "Edge" in their game titles. Langdell claims trademark rights to the word "Edge," staking his case against EA on the existence of his studio's fishy, "forthcoming" release, "MIRRORS a game by EDGE." (Prior to the release of Racers this year for PC, Edge Games had not published a game since 1994.)

The court, however, believes that Langdell lied to the US Patent and Trademark Office and has been "trolling" the industry for opportunities to license his dubious trademark. The court also suggests that these actions could warrant "criminal penalties."

EA wins 'Edge' trademark suit; court cites Langdell for 'trolling' originally appeared on Joystiq on Tue, 05 Oct 2010 13:30:00 EST. Please see our terms for use of feeds.

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NFL Hall of Famer Jim Brown appeals dismissed lawsuit against EA

Griffin McElroy — Wed, 07 Jul 2010 23:30:00 EST

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

Jim Brown, nine-season running back for the Cleveland Browns and NFL Hall of Fame inductee, filed a lawsuit against Electronic Arts in 2008 for using his likeness in Madden '09 without first obtaining his permission. Last September, U.S. District Judge Florence-Marie Cooper (who passed away in January from lymphoma) ruled that EA was protected by First Amendment rights -- a decision which Brown is now attempting to overturn in a San Francisco appellate court.

Brown requested the review earlier this week at the 9th U.S. Circuit Court of Appeals. According to the Associated Press, EA representative Jeff Brown emailed the New York Times, saying the industry juggernaut is "confident" the ruling won't change. So, for those of you keeping score: EA's Jeff Brown says Jim Brown from the Browns won't win.

NFL Hall of Famer Jim Brown appeals dismissed lawsuit against EA originally appeared on Joystiq on Wed, 07 Jul 2010 23:30:00 EST. Please see our terms for use of feeds.

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Supreme Court ruling states NFL teams are separate entities

Griffin McElroy — Mon, 24 May 2010 18:30:00 EST

According to USA Today, a recent Supreme Court ruling has denied the National Football League antitrust law protections, stating that its 32 constituent teams must be considered separate entities. The court reversed the dismissal of a suit filed against the league by American Needle, Inc., a company which was locked out of the football-themed hatmaking business after the NFL penned a 10-year exclusivity agreement with Reebok. Gee, that sounds awfully familiar.

The case of American Needle v. NFL has returned to the lower courts, where a decision in favor of the former could drastically change the face of the NFL's licensing business. In short, if the district courts find the league in violation of antitrust laws, it could repeal exclusivity agreements like the one with Reebok -- or, likely more pertinent to your interests, the one with EA Sports, which brought a hasty end to the NFL2K series. We'll keep an eye out for further developments in this lawsuit.

Supreme Court ruling states NFL teams are separate entities originally appeared on Joystiq on Mon, 24 May 2010 18:30:00 EST. Please see our terms for use of feeds.

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Activision countersuit against Zampella and West seeks money back, alleges multiple acts of insubordination

Ben Gilbert — Fri, 09 Apr 2010 18:29:00 EST

Beyond the details we heard in the LA Times report from earlier today, Joystiq has obtained the entire 23 page complaint this afternoon (filed against former Infinity Ward co-heads Jason West and Vince Zampella by Activision), which details the publisher's claims about the duo's insubordination during employment. The claims detailed therein range from refusing to meet with Activision executives, to "engaging in a campaign to portray Activision and its management in a negative light to IW employees in an effort to solicit those employees," to slowing pre-production of Modern Warfare 3 as leverage in ongoing discussions with Activision. The suit even says that West and Zampella "refused to sign standard exit documents representing that they had returned all Activision property, including computer code, and would honor the confidentiality obligations that they have to Activision."

Further, Activision claims that "on numerous occasions and during critical final stages of game development," West and Zampella threatened to stop production on last year's Modern Warfare 2 "in a bad faith effort to gain further leverage in their contractual relations with Activision." And during all this, the publisher claims that the studio heads were engaging in secret conversations "with Activision's direct competitor" (presumably Electronic Arts, though an EA representative refused to confirm that earlier today).

As a result of these alleged actions, Activision's complaint seeks to "recapture certain equity from West and Zampella, and to recover, as a measure of damages, all compensation and benefits in addition to equity received by them during the period of their disloyalty." In English, that means that Activision is seeking an undisclosed fortune from the defendants, left up to the court to determine, but consisting of money the two earned during their amorphous "period of disloyalty." And there's a ton more in the complaint that we couldn't fit into this measly post, so we'd strongly suggest clicking through its 23 pages in the gallery below. We'll gather up some of the most notable bits and share them after the break.

Gallery: Activision vs. Jason West / Vince Zampella complaint

Continue reading Activision countersuit against Zampella and West seeks money back, alleges multiple acts of insubordination

Activision countersuit against Zampella and West seeks money back, alleges multiple acts of insubordination originally appeared on Joystiq on Fri, 09 Apr 2010 18:29:00 EST. Please see our terms for use of feeds.

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Activision blasts West and Zampella in countersuit [Update: Activision responds!]

Ben Gilbert — Fri, 09 Apr 2010 15:48:00 EST

Update: Activision offered this statement regarding the lawsuit: "Activision's cross-complaint filed today against Jason West and Vince Zampella makes clear that the company did not arrive at its decision to fire them lightly or without good reason. It further shows Activision was forced to sever the relationship when it became apparent that long-standing attempts failed to convince West and Zampella to conform their conduct to what was required of them by their contracts, company policies and as fiduciaries."

Original: You probably already know all about the firing and subsequent lawsuit filed against publisher Activision by ex-Infinity Ward co-heads Jason West and Vince Zampella, but did you know about the countersuit filed by Activision against the duo in the Los Angeles Superior Court this morning? LA Times' Company Town blog got its eyes on the suit, which contends West and Zampella "morphed from valued, responsible executives into insubordinate and self-serving schemers who attempted to hijack Activision's assets for their own personal gain."

The suit further details that specific allegation, claiming the two took, "a secret trip by private jet to Northern California, arranged by their Hollywood agent, to meet with the most senior executives of Activision's closest competitor," who we're understanding to be the Redwood Shores-based Electronic Arts. When asked for comment about the allegations, EA spokesperson Jeff Brown responded (with this totally sick burn), "We don't have the time to comment on the many lawsuits Activision files against its employees and creative partners."

If all of that wasn't enough, the 23-page document also claims that West and Zampella "delayed pre-production" of a third Modern Warfare game, and tried to "prevent Activision from awarding additional compensation to [IW] team members" so that the two could easily poach former co-workers from Infinity Ward. Whoa whoa whoa, another Modern Warfare game you say? Madness!

Activision blasts West and Zampella in countersuit [Update: Activision responds!] originally appeared on Joystiq on Fri, 09 Apr 2010 15:48:00 EST. Please see our terms for use of feeds.

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Lawsuit claims GameStop 'misleads consumers' about bonus DLC with used games

JC Fletcher — Fri, 26 Mar 2010 13:00:00 EST

GameStop must have known that those download vouchers for free DLC with new copies of games -- what EA calls "Project Ten Dollar" would be trouble for its business at some point. It probably didn't suspect it would be this kind of trouble.

A customer named James Collins, after buying a used copy of Dragon Age and finding himself unable to access the game's free bonus DLC ("The Stone Prisoner," above), has filed a class-action suit against the company, for "fraudulently, unfairly, unlawfully, and deceptively [misleading] consumers at the time of their purchase to believe that the game comes with free downloadable content when, in fact, it does not," effectively duping customers into paying more for a "complete" used game than for a new copy.

In addition, GameStop's seven-day return window, the lawsuit claims, gives consumers insufficient time to discover they lack access to the DLC. A copy of the complaint can be perused at IGN.

[Thanks, Rob]

Lawsuit claims GameStop 'misleads consumers' about bonus DLC with used games originally appeared on Joystiq on Fri, 26 Mar 2010 13:00:00 EST. Please see our terms for use of feeds.

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EA's John Schappert comments on Activision & Infinity Ward situation

Kevin Kelly — Wed, 10 Mar 2010 18:44:00 EST

EA's John Schappert spoke on the sticky situation regarding Activision and Infinity Ward at GDC today, and rather than put a spin on what he said, we'll let the man speak for himself:

"I'm sure there's two sides to that story, I'm certainly not passing judgement," Schappert said. "On the human side, they're two great guys. I'm disappointed on a couple of fronts. I'm disappointed because I think Jason and Vince, on the human side, are two great guys. I know them personally, and they've done great things. And I think they're two of the best creative leaders in our space, and to think that they're going to be spending their future dealing with litigation and lawyers rather than crafting the next great experience."

"I don't think that's good for them," Schappert continued. "I don't think that's good for our industry. I think that's disappointing. I hope that they find a way to make games and focus on that during this period."

"I think the other disappointing thing is that, rivalries aside, Modern Warfare 2 is a great game," Schappert concluded. "It's the biggest launch our industry has seen, it's a great franchise. I'm putting my consumer industry fan-hat on to think that there could be some challenges -- what's the future of that franchise? I don't know what's going to pan out. I feel bad for Jason and Vince and the franchise itself because they're great leaders and it's a great franchise for our industry."

EA's John Schappert comments on Activision & Infinity Ward situation originally appeared on Joystiq on Wed, 10 Mar 2010 18:44:00 EST. Please see our terms for use of feeds.

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Court denies EA's motion to dismiss former NCAA player's lawsuit

Griffin McElroy — Sun, 14 Feb 2010 14:30:00 EST

We've been on pins and needles since last May, when we first heard about former NCAA football player Samuel Keller's lawsuit against EA, which claimed that his likeness and the likenesses of his former athletic colleagues had been used in the company's games without permission. According to court documents obtained by Patent Arcade, there was a development in the case last week: The U.S. District for the Northern District of California denied EA's motion to dismiss Keller's claims outright.

According to the aforementioned court documents, EA's defense claimed the NCAA series' in-game players were subject to "significant transformative elements," which allowed the title to be protected by the First Amendment. The court saw differently, however, ruling that "EA's game goes beyond mere reporting of 'just the players' names and statistics; it offers a depiction of the student athletes' physical characteristics and, as noted, enables consumers to control the virtual players on a simulated football field."

In short, Keller's complaints have garnered some traction in the California court. We'll likely be hearing more on this case -- we just hope we don't have to wait eight and a half months before the next update comes.

Court denies EA's motion to dismiss former NCAA player's lawsuit originally appeared on Joystiq on Sun, 14 Feb 2010 14:30:00 EST. Please see our terms for use of feeds.

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Ubisoft, Sony, EA and Disney sued over voice recognition patent

Andrew Yoon — Tue, 17 Nov 2009 16:06:00 EST

CJ Sorg

On November 10th, Bareis Technologies, LLC filed a lawsuit against Ubisoft, Sony Computer Entertainment, Electronic Arts and Disney Interactive Studios, claiming that various games, including Tom Clancy, SOCOM and NASCAR titles, infringe upon a patent filed in 1996. "Optical disk having speech recognition templates for information access" describes a process "integrating automatic speech recognition technologies into optical disk players for command and control purposes."

As is typical with lawsuits of this nature, the plaintiff is seeking "no less than a reasonable royalty" for the supposed use of this "stolen" technology. Should the case make it to court, the plaintiff will have a few hurdles to overcome. Primarily, lawyers will have to prove how a patent largely targeted towards accessing specific music tracks on audio CDs is applicable to the video games in question.

Considering it's been over seven years since the debut of the first SOCOM game, it's surprising that the plaintiff has waited so long to file this suit. Perhaps it's telling that the company going forward with the lawsuit has done so little in the thirteen years since filing the trademark that it has no web presence whatsoever.

[Via GamePolitics]

Ubisoft, Sony, EA and Disney sued over voice recognition patent originally appeared on Joystiq on Tue, 17 Nov 2009 16:06:00 EST. Please see our terms for use of feeds.

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Harmonix calls for an encore in Gibson patent case

JC Fletcher — Wed, 21 Oct 2009 09:15:00 EST

The patent suit brought by Gibson against Harmonix and other parties related to Guitar Hero and Rock Band was stayed due to the US Patent and Trademark Office deciding to reexamine the patent. According to Patent Arcade, Harmonix and a group of retailers have asked a Tennessee court to continue proceedings -- of the case against them.

Why is Harmonix engaging in this seemingly self-destructive (but not in the cool rock star way) behavior? When the USPTO looked into the patent again, it changed the definition of "musical instrument" to include the characteristics of being "adapted for making musical sounds" and "the instrument audio signal comprising an electrical signal output by the musical instrument that varies in response to operation of the instrument by the user of the system."

Harmonix apparently believes that because of this new definition, and because of the precedent set by Gibson's other case, against Activision, the case will go in its favor in the end. If the stay is lifted, Harmonix will then file a motion for summary judgment of non-infringement.

Harmonix calls for an encore in Gibson patent case originally appeared on Joystiq on Wed, 21 Oct 2009 09:15:00 EST. Please see our terms for use of feeds.

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'Big Dawg' vs. Madden lawsuit dismissed

Richard Mitchell — Fri, 16 Oct 2009 05:00:00 EST

According to a report on Cleveland.com, the lawsuit filed against Electronic Arts by Cleveland Browns fan John "Big Dawg" Thompson has been dismissed. The suit had been filed on the grounds that EA featured Thompson's likeness in Madden NFL 09 without his permission. More specifically, the game featured the likeness of Thompson wearing a dog mask and orange hat, a costume he's worn to Cleveland Browns home games for years.

Thompson's lawyer, Alan Parker, noted that his client was happy the matter was closed, but noted that details of the dismissal are confidential. Thompson had been seeking damages "in excess of $25,000," so that's one thing he might be happy about. If his Big Dawg mask is sporting some gold teeth and a diamond encrusted hat during the next Browns home game, we'll know for sure.

'Big Dawg' vs. Madden lawsuit dismissed originally appeared on Joystiq on Fri, 16 Oct 2009 05:00:00 EST. Please see our terms for use of feeds.

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Mask-wearing fan suing EA over likeness in Madden 09

Ben Gilbert — Sun, 04 Oct 2009 17:30:00 EST

He might be known for wearing a bug-eyed dog mask and representing the most hardcore of Cleveland Browns fans, but John "Big Dawg" Thompson isn't down with his likeness being used in EA Sports' Madden NFL 09. No, not just because it misrepresents his jersey's number (98 in real life, 92 in the game) -- it's because EA Sports is using his likeness without ever having actually asked permission.

So John Thompson (not to be confused with that other Thompson) has filed a complaint at the Cuyahoga County Court of Common Pleas seeking restitution "in excess of $25,000." He's also looking to block EA's ability to sell the game or use "the Big Dawg character" without his expressed permission in the future. We hate to tell you, John, but that game kinda came out last year.

Mask-wearing fan suing EA over likeness in Madden 09 originally appeared on Joystiq on Sun, 04 Oct 2009 17:30:00 EST. Please see our terms for use of feeds.

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EA in legal shootout over 'Dillinger' machine guns

Alexander Sliwinski — Wed, 02 Sep 2009 15:45:00 EST

EA is suing for the right to use the "Dillinger" name in association with weapons found in its Godfather series of games. GamePolitics reports the publisher filed suit in San Francisco federal court for the right to use the name after Dillinger LLC's legal team, which works for -- wait for it -- the grandson of the famous bank-robber's half-sister, contacted EA. Dillinger LLC apparently wants, according to EA, "millions of dollars for the game elements."

The "Dillinger Tommy Gun" is in the first Godfather game and the "Modern Dillinger" -- a $4 piece of DLC -- was featured in the sequel. We expect the great-great-great-grandchild of a famous historical figure's ex-roommate's second-cousin's babysitter to sue Civilization developer Firaxis any day now.

EA in legal shootout over 'Dillinger' machine guns originally appeared on Joystiq on Wed, 02 Sep 2009 15:45:00 EST. Please see our terms for use of feeds.

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LA Times: Activision likely to receive 'little to no compensation' in Brutal Legend settlement

JC Fletcher — Fri, 07 Aug 2009 10:36:00 EST

Here's a little addendum to the Brutal Legend settlement story that, should you be sympathetic to Double Fine in this situation (and, um, how could you not?), should bring a little smile to your face. The LA Times spoke to an unnamed person "familiar with the settlement," who offered some extra information about the deal.

Overall, it looks like Activision was the "loser" in this agreement, though, of course, the whole point of settling was to avoid having a loser. First off, the source claims that the game will be released as planned in October. Second, the LA Times says, "it appears very likely that Activision received little to no compensation from Double Fine and agreed to a settlement to avoid losing its case in open court."

Now that all that's dealt with, hopefully we can get back to talking about important things, like GWAR.

Gallery: Brutal Legend

LA Times: Activision likely to receive 'little to no compensation' in Brutal Legend settlement originally appeared on Joystiq on Fri, 07 Aug 2009 10:36:00 EST. Please see our terms for use of feeds.

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