Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2013 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Double Fine wants to win back Stacking, Costume Quest rights]]>http://www.joystiq.com/2013/05/12/double-fine-wants-to-win-back-stacking-costume-quest-rights/http://www.joystiq.com/2013/05/12/double-fine-wants-to-win-back-stacking-costume-quest-rights/http://www.joystiq.com/2013/05/12/double-fine-wants-to-win-back-stacking-costume-quest-rights/#commentsDouble Fine wants to win back Stacking, Costume Quest rights Double Fine wants to tie up all of the loose ends within its catalog and is seeking the distribution rights to its games formerly published by THQ, Stacking and Costume Quest. Nordic Games picked up the distribution rights to these games during THQ's bankruptcy auction in April, though Double Fine attempted to secure the rights from THQ as early as February.

Double Fine owns the intellectual properties for Stacking and Costume Quest, so if it wants to make new games within each series, it can.

"We're still trying to get the rights to Costume Quest and Stacking," Schafer told Game Informer. "We can still make more of those games. We still have the IP, but we'd love to have all of the IP and distribution rights in house."

On top of those distribution rights, Double Fine wants to regain the Brutal Legend IP from EA and the Iron Brigade IP from Microsoft, Schafer said. These are difficult positions for Double Fine, but for us, deciding which war to watch is just as hard: Battle of Heavy Metal and Mechs or the Battle of Kids in Costumes Playing with Toys From the Old Country. Decisions, decisions.

JoystiqDouble Fine wants to win back Stacking, Costume Quest rights originally appeared on Joystiq on Sun, 12 May 2013 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>brutal-legendCostume-Questdistribution-rightsdouble-fineintellectual-propertyiron-brigademicrosoftnordic-gamespcplaystationps3stackingthq-bankruptcyxboxSun, 12 May 2013 15:00:00 EST<![CDATA[Breaking free with your own IP: Insomniac's CEO on what's next (besides Ratchet & Clank)]]>http://www.joystiq.com/2012/09/04/breaking-free-with-your-own-ip-insomniacs-ceo-on-whats-next/http://www.joystiq.com/2012/09/04/breaking-free-with-your-own-ip-insomniacs-ceo-on-whats-next/http://www.joystiq.com/2012/09/04/breaking-free-with-your-own-ip-insomniacs-ceo-on-whats-next/#comments There's a big craze these days with independent developers, though the idea isn't all that crazy. Developers, as it turns out, like to own the stuff they create - Ratchet & Clank developer Insomniac Games is no different. And here's something you might not know about Insomniac: the studio owns virtually none of the iconic characters or worlds it's created. Not Ratchet, not Clank, not the world of Spyro the Dragon. That last one cuts especially deep considering the vast riches Activision's reaped from its Spyro-based Skylanders game. The former two are Sony-owned.

With Fuse (which we think used to be Overstrike) and Outernauts, Insomniac is pushing in a new direction. "For us, we're at the point in our growth as a company where we can own our intellectual property," Insomniac president and CEO Ted Price told us in an interview last week. "That's been gratifying for us because, as creators, controlling your own destiny - controlling the IP that you build - is important." Beyond its financial importance, owning IP also means unfortunate spin-offs of properties you created can't be farmed out to other studios (see: Resistance: Burning Skies).

It's important to note what Price says about his studio not being able to own its previous projects. When Insomniac started in 1994, it produced only franchises owned by its publishers. Quite literally everything the company created up until Outernauts and Overstrike/Fuse was owned by outside forces. That's why you will assuredly see more Resistance games, despite Insomniac outright stating it won't work on any more (at least any time soon) - Sony owns the IP rights to the Resistance franchise and can do with them as it pleases.

Continue reading Breaking free with your own IP: Insomniac's CEO on what's next (besides Ratchet & Clank)

JoystiqBreaking free with your own IP: Insomniac's CEO on what's next (besides Ratchet & Clank) originally appeared on Joystiq on Tue, 04 Sep 2012 18:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>insomniacinsomniac-gamesintellectual-propertyipmacmicrosoftoverstrikepaxpax-2012pax-primepax-prime-2012pcplaystationps3ratchet-and-clankresistanceskylanders-spyros-adventureted-pricexboxTue, 04 Sep 2012 18:30:00 EST<![CDATA[Sony missed Limbo exclusivity by asking for IP rights]]>http://www.joystiq.com/2012/07/16/sony-missed-limbo-exclusivity-by-asking-for-ip-rights/http://www.joystiq.com/2012/07/16/sony-missed-limbo-exclusivity-by-asking-for-ip-rights/http://www.joystiq.com/2012/07/16/sony-missed-limbo-exclusivity-by-asking-for-ip-rights/#comments Sony Computer Entertainment Executive Producer Pete Smith said the company had issues signing Limbo "because of the IP," during a recent talk at the Develop Conference. Talks with Limbo developer Playdead Studios broke down as Sony wanted to retain intellectual property rights.

"There are obvious benefits to keeping it, but also to giving it up: you're way more likely to get the deal," Smith said of retaining IP rights during the talk. "A publisher is much more likely to commit to marketing and merchandising if they own the IP." After Sony failed to reach a deal with Playdead Studios, the Danish developer went on to launch Limbo on Xbox Live Arcade in July 2010, one year before it landed on PSN.

Smith added, "Sometimes all we want is protection so [developers] don't make a game, finish it then go to one of our rivals. We look at IP on a case by case basis. With a bit of common sense, you can find common ground."

JoystiqSony missed Limbo exclusivity by asking for IP rights originally appeared on Joystiq on Mon, 16 Jul 2012 13:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>intellectual-propertyip-rightslimbomicrosoftpcpete-smithPlayDeadplaystationplaystation-vitaps3PSNSONYSony-Computer-EntertainmentXBLAxboxMon, 16 Jul 2012 13:40:00 EST<![CDATA[Starbreeze self-funding original IP]]>http://www.joystiq.com/2012/01/21/starbreeze-self-funding-original-ip/http://www.joystiq.com/2012/01/21/starbreeze-self-funding-original-ip/http://www.joystiq.com/2012/01/21/starbreeze-self-funding-original-ip/#comments Starbreeze, the developer behind The Darkness, The Chronicles of Riddick: Escape from Butcher Bay and the upcoming series reboot Syndicate, is looking to expand its developmental output beyond the intellectual properties of other creative minds.

"We want to make our own IP; no doubt," Starbreeze CEO Mikael Nermark told Gamasutra. "We're actually self-funding one original IP right now. If we're going to take it to market ourself -- I haven't decided yet. It's always about how you maximize what you can do." Nermark's current strategy is to continue working on high-profile titles like Syndicate while simultaneously looking for opportunities to launch the developer's own original IP. As the old saying goes, "You can only milk another man's cow for so long." Or something.

JoystiqStarbreeze self-funding original IP originally appeared on Joystiq on Sat, 21 Jan 2012 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>intellectual-propertyIPproject-redlimestarbreezestarbreeze-studiossyndicatethe-chronicles-of-riddickthe-chronicles-of-riddick-escape-from-butcher-baythe-darknessSat, 21 Jan 2012 16:30:00 EST<![CDATA[PIPA on hold in light of 'legitimate issues raised by many,' says Senate majority leader Harry Reid [update]]]>http://www.joystiq.com/2012/01/20/pipa-on-hold-in-light-of-legitimate-issues-raised-by-many-say/http://www.joystiq.com/2012/01/20/pipa-on-hold-in-light-of-legitimate-issues-raised-by-many-say/http://www.joystiq.com/2012/01/20/pipa-on-hold-in-light-of-legitimate-issues-raised-by-many-say/#comments It seems that the unending stream of protest from the internet, as well as from the meatspace, have helped to slow -- and potentially stop -- one of the broad reaching anti-piracy acts being proposed for legislation in the US Congress. An upcoming Senate vote on the Protect Intellectual Property Act (PIPA) has been postponed by Senate Majority leader Harry Reid (D-NV).

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

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

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

[ER 09 via Shutterstock]

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

Permalink | Email this | Comments]]>copyrightharry-reidintellectual-propertylamar-smithpipaprotect-intellectual-property-actprotect-ipprotect-ip-actsenatesopaunited-states-senateus-senateFri, 20 Jan 2012 11:30:00 EST<![CDATA[THQ nearly signed Respawn, but IP ownership was a deal-breaker]]>http://www.joystiq.com/2011/01/14/thq-nearly-signed-respawn-but-ip-ownership-was-a-deal-breaker/http://www.joystiq.com/2011/01/14/thq-nearly-signed-respawn-but-ip-ownership-was-a-deal-breaker/http://www.joystiq.com/2011/01/14/thq-nearly-signed-respawn-but-ip-ownership-was-a-deal-breaker/#comments THQ vice president Danny Bilson recently told Wired about a potentially powerful, but ultimately thwarted partnership the company sought early last year, with ex-Infinity Ward heads Vince Zampella and Jason West's new ensemble, Respawn Entertainment. According to Bilson, the deal almost went through, though one point in the THQ contract was a deal-breaker for the young developer: Respawn wanted ownership of any IP it created while in the publisher's employ.

"My responsibility to our stockholders and to my CEO and the company is to build an IP library," Bilson explained, adding that granting their request would "open the doors for everyone else to say, 'I wanna own it too.'". Zampella corroborated Bilson's story, explaining, "As for the IP ownership, frankly, after what we'd just been through with Activision, owning the IP we were going to create was important to us." We can't possibly imagine why.

JoystiqTHQ nearly signed Respawn, but IP ownership was a deal-breaker originally appeared on Joystiq on Fri, 14 Jan 2011 14:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>danny-bilsonintellectual-propertyjason-westRespawn-EntertainmentthqVince-ZampellaFri, 14 Jan 2011 14:40:00 EST<![CDATA[Epic Games to reveal new IP at GDC 2011]]>http://www.joystiq.com/2010/12/28/epic-games-to-reveal-new-ip-at-gdc-2011/http://www.joystiq.com/2010/12/28/epic-games-to-reveal-new-ip-at-gdc-2011/http://www.joystiq.com/2010/12/28/epic-games-to-reveal-new-ip-at-gdc-2011/#comments Cliff Bleszinski said recently that Epic Games would unveil a brand new IP at next year's Game Developers Conference in San Francisco. This will be a brand new universe, unrelated to anything Epic has done before, according to Bleszinski. "Gamers votes with their dollars and they often like established IP, but those IPs came from somewhere, right?" he told EGM. "Call of Duty was crafted by the original Medal of Honor guys. Gears of War was crafted by the original Unreal Tournament guy. I look forward to creating what's next."

We pinged Bleszinski ourselves to try and find out what platform Epic is aiming for, but he tells us there's "not much to say yet." The company has had a lot of success with Infinity Blade on iOS recently, and has also been rumored to be working on a Kinect title. GDC 2011 kicks off on February 28 -- we'll be there in San Francisco to cover any announcement for you.

JoystiqEpic Games to reveal new IP at GDC 2011 originally appeared on Joystiq on Tue, 28 Dec 2010 21:10:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>cliff-bleszinskicliffy-bepic-gamesgame-developers-conferencegdc-2011gdc2011intellectual-propertyipnew-ipTue, 28 Dec 2010 21:10:00 EST<![CDATA[Harmonix retains IP rights to Rock Band, Dance Central]]>http://www.joystiq.com/2010/12/24/harmonix-retains-ip-rights-to-rock-band-dance-central/http://www.joystiq.com/2010/12/24/harmonix-retains-ip-rights-to-rock-band-dance-central/http://www.joystiq.com/2010/12/24/harmonix-retains-ip-rights-to-rock-band-dance-central/#comments Yesterday's Harmonix announcement of re-independence from global media conglomerate Viacom left questions hanging about the intellectual property rights to the studio's two main franchises. Joystiq has been informed by sources that Harmonix will "own the IP rights" to both the Rock Band and Dance Central franchises after the split, meaning it can continue to create new installments if it chooses.

We've also been informed that the developer's DLC support of both titles will continue "unaffected by the sale" and that its distribution relationships with EA and Mad Catz for the Rock Band series, and with Microsoft for Dance Central, also remain "unaffected."

What we currently understand of the situation, from sources involved, is that Viacom and MTV Games providing licensing muscle isn't as necessary as it once was -- before the music genre became established over the past few years. It appears relationships have been set that now allow Harmonix to license music for its games without the aid of Viacom.

JoystiqHarmonix retains IP rights to Rock Band, Dance Central originally appeared on Joystiq on Fri, 24 Dec 2010 09:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>dance-centralDance-Central-2Harmonixintellectual-propertymicrosoftMTV-Gamesnintendoplaystationps3rock-bandrock-band-2Rock-Band-3ViacomwiixboxFri, 24 Dec 2010 09:30:00 EST<![CDATA[THQ still focused on owning IP the 'Hollywood' way]]>http://www.joystiq.com/2010/07/01/thq-still-focused-on-owning-ip-the-hollywood-way/http://www.joystiq.com/2010/07/01/thq-still-focused-on-owning-ip-the-hollywood-way/http://www.joystiq.com/2010/07/01/thq-still-focused-on-owning-ip-the-hollywood-way/#commentsFiled under: , ,

THQ's competitors -- namely EA and Activision -- have recently landed publishing deals with high-profile developers, such as Respawn, Bungie and Insomniac, by allowing the studios to own their new game franchises. And while THQ offers its own "Partners" program, the company is still focused on owning franchises.

"I believe in the Hollywood model, which is that, the bigger the artist, the more important, the more successful they are, the bigger share they get," VP Danny Bilson explained to IndustryGamers. "But you know know, most of the biggest talents in Hollywood don't own their IPs. It doesn't work that way. My job coming to this company was to build an IP library, which builds value in THQ. So that means having a developer own the IP becomes a deal-breaker." According to Bilson, THQ had discussions with Respawn's West and Zampella; undoubtedly, Bilson's position made an offer impossible.

While Bilson offers no flexibility in this particular regard, he believes the company has still acquired strong talent by offering "an absolutely better place to work." At this year's E3, the publisher surprised many with the announcement of Devil's Third, a new action IP from the Itagaki-led Valhalla Studios. According to Bilson, other high-profile partnerships will be announced "over the next six months," and he noted, "you're going to go, 'oh my God.'" Considering the incredible turnaround of THQ's portfolio under Bilson's tenure, it's difficult not to share his excitement.

JoystiqTHQ still focused on owning IP the 'Hollywood' way originally appeared on Joystiq on Thu, 01 Jul 2010 17:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>danny-bilsonintellectual-propertyippublishingthqThu, 01 Jul 2010 17:30:00 EST<![CDATA[LGJ: IP Police, Arrest this man, He talks in torrents]]>http://www.joystiq.com/2009/12/05/lgj-ip-police-arrest-this-man-he-talks-in-torrents/http://www.joystiq.com/2009/12/05/lgj-ip-police-arrest-this-man-he-talks-in-torrents/http://www.joystiq.com/2009/12/05/lgj-ip-police-arrest-this-man-he-talks-in-torrents/#commentsFiled under:

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

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

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

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

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

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

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

Read | Permalink | Email this | Comments]]>businesscopyrightcopyright-infringementemulationintellectual-propertylegalnintendonokiaromsSun, 29 Nov 2009 23:30:00 EST<![CDATA[Interplay may lose its license to make Fallout MMO]]>http://www.joystiq.com/2009/04/16/interplay-may-lose-its-license-to-make-a-fallout-mmo/http://www.joystiq.com/2009/04/16/interplay-may-lose-its-license-to-make-a-fallout-mmo/http://www.joystiq.com/2009/04/16/interplay-may-lose-its-license-to-make-a-fallout-mmo/#comments Well, folks, it's been two years -- two years and 12 days, actually. And now, because Interplay may or may not have entered into "full scale development" of the Fallout MMO it was beholden to start making by, oh, say, 12 days ago, Bethesda Softworks has, unsurprisingly, asked for its property back. Though, according to an SEC filing, no "formal action" has been taken by Fallout IP-owner Bethesda as of yet, the company has apparently made claims that Interplay is "in breach of the trademark license agreement" the two companies agreed upon back in 2007.

Rumors that Interplay has been working on a Fallout MMO arose again recently as Earthrise developer Masthead Studios offered Interplay its proprietary tools and technology for use with a project currently in-development, codenamed "Project V13." We would like to point out that while a wiki page on "Project V13" hints heavily at the codename concealing a Fallout MMO in development at Interplay, nothing official has ever been announced. And you'd think Interplay might want to do that if it wanted to keep its "trademark license agreement," no?

[Via Big Download]

JoystiqInterplay may lose its license to make Fallout MMO originally appeared on Joystiq on Thu, 16 Apr 2009 10:15:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>bethesdaBethesda-Softworksbethesda-v-interplaybusinessearthrisefalloutfallout-mmointellectual-propertyinterplaylawsuitmasthead-studiosproject-v13sectrademarkThu, 16 Apr 2009 10:15:00 EST<![CDATA[LGJ: User Content Creation Crisis]]>http://www.joystiq.com/2008/11/03/lgj-user-content-creation-crisis/http://www.joystiq.com/2008/11/03/lgj-user-content-creation-crisis/http://www.joystiq.com/2008/11/03/lgj-user-content-creation-crisis/#commentsFiled under:

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


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

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

Continue reading LGJ: User Content Creation Crisis

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

Permalink | Email this | Comments]]>copyrightintellectual-propertylawlaw-of-the-gamelicensinglittle-big-planetuser-generated-contentMon, 03 Nov 2008 19:00:00 EST<![CDATA[LGJ: The PRO-IP Act and Gaming]]>http://www.joystiq.com/2008/10/10/lgj-the-pro-ip-act-and-gaming/http://www.joystiq.com/2008/10/10/lgj-the-pro-ip-act-and-gaming/http://www.joystiq.com/2008/10/10/lgj-the-pro-ip-act-and-gaming/#commentsFiled under:

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


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

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

Continue reading LGJ: The PRO-IP Act and Gaming

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

Permalink | Email this | Comments]]>columnscopyrightcopyright-infringementintellectual-propertylawlaw-of-the-gamepro-ip-actFri, 10 Oct 2008 08:00:00 EST<![CDATA[Law of the Game on Joystiq: Trademark infringement? Not like-wii]]>http://www.joystiq.com/2008/08/04/law-of-the-game-on-joystiq-trademark-infringement-not-like-wii/http://www.joystiq.com/2008/08/04/law-of-the-game-on-joystiq-trademark-infringement-not-like-wii/http://www.joystiq.com/2008/08/04/law-of-the-game-on-joystiq-trademark-infringement-not-like-wii/#commentsFiled under:

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

GamePolitics recently posted a piece on Forbis, the makers of the weemote, and an issue that is all too familiar in Trademark law: trademark infringement. To summarize the GamePolitics piece, Forbis Technologies trademarked "weemote" in the year 2000 for a children's television remote. According to a Time piece on the weemote, sales have fallen considerably since the Nintendo Wii was released. The blog-o-sphere coined the term "Wiimote" soon after the Wii hardware was announced, and the term has stuck ever since. Nintendo, however, does not have a trademark on the term "wiimote," only on "wii."

Forbis is hoping to enter into a business arrangement by which it can re-brand its product and Nintendo can take control of "wiimote" and "weemote" (pronounced the same) because, as they put it, "the damage has been done here (whether intentional or not)." In fact, in cases of possible infringement between a significantly larger player and a smaller one such as this, a settlement of this nature would not be unusual. Even if Nintendo believes it would be successful in an infringement suit with Forbis, this may be the far cheaper option to resolve the issue. After all, the weemote brand had minimal value before the introduction of the Wiimote based on the company's self-described weak sales. Nintendo has thus far declined to purchase "weemote." But stopping at an out-of-court settlement wouldn't do much to illuminate the legal points that exist here, so let's take a look at this as if it were going to go to trial.

Continue reading Law of the Game on Joystiq: Trademark infringement? Not like-wii

JoystiqLaw of the Game on Joystiq: Trademark infringement? Not like-wii originally appeared on Joystiq on Mon, 04 Aug 2008 17:20:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnsforbisinfringementintellectual-propertylawlaw-of-the-gametrademarktrademark-disputetrademark-infringementweemotewiiwiimoteMon, 04 Aug 2008 17:20:00 EST<![CDATA[New North American development studio hiring help for Mythos, Hellgate: London]]>http://www.joystiq.com/2008/08/03/new-north-american-development-studio-hiring-help-for-mythos-he/http://www.joystiq.com/2008/08/03/new-north-american-development-studio-hiring-help-for-mythos-he/http://www.joystiq.com/2008/08/03/new-north-american-development-studio-hiring-help-for-mythos-he/#commentsFiled under: ,


Following the closure of Flagship Studios, the fate of their two intellectual properties, Mythos and Hellgate: London, seemed cloudy at best. Immediately after Flagship let go of nearly all of their staff, HanbitSoft (a large investor in Flagship) claimed to have possession of the two titles. Shortly thereafter, Flagship exec Bill Roper announced that his company still clung to life, as well as to all their technology and IPs, much to HanbitSoft's chagrin. Two weeks ago, Namco-Bandai reportedly picked up Hellgate, though the game's page on Namco's site mysteriously vanished a week later.

However, a recent help wanted ad posted by T3 Entertainment, the Korean developers of casual music game Audition Online (and major stockholders for HanbitSoft), might put an end to the confusion. The ad calls for developers for a new San Francisco-based studio who wish to "passionately continue development of Hellgate: London and Mythos, along with other new games." As much as we'd love to believe that Mythos will reach North America, we're not quite sure if this dispute has truly been settled, or if another developer has simply entered the IP melee.

JoystiqNew North American development studio hiring help for Mythos, Hellgate: London originally appeared on Joystiq on Sun, 03 Aug 2008 17:30:00 EST. Please see our terms for use of feeds.

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A bit of clarification recently surfaced regarding the closure of Hellgate: London and Mythos developer Flagship Studios -- though we'd heard from an unnamed source that Flagship would be shutting its doors and letting go of "nearly everyone" on the payroll, Flagship community manager Taylor Balbi recently explained that the entire staff has been fired with a 30-day pension, paid for out of the pockets of the studio's higher-ups.

The studio's intellectual property has been turned over to two companies who had invested in Flagship throughout its short lifespan, with Mythos going to Korean gaming developer HanbitSoft, and Hellgate: London going to Comerica, a financial services company based out of Dallas. It's expected these two companies will work together to continue Asian development for these two titles -- though it's unclear whether the uber-charming Mythos will ever hit North American shores.

JoystiqFlagship Studios' entire staff fired, all intellectual property lost originally appeared on Joystiq on Sat, 12 Jul 2008 20:30:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>closurecomericaflagshipflagship-studioshanbitsofthellgate-londonintellectual-propertyipmythosPCSat, 12 Jul 2008 20:30:00 EST<![CDATA[Law of the Game on Joystiq: Time for Trademarks]]>http://www.joystiq.com/2008/07/09/law-of-the-game-on-joystiq-time-for-trademarks/http://www.joystiq.com/2008/07/09/law-of-the-game-on-joystiq-time-for-trademarks/http://www.joystiq.com/2008/07/09/law-of-the-game-on-joystiq-time-for-trademarks/#commentsFiled under:

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

A few weeks ago, I received an e-mail request to cover the basics of trademark as it applies to the gaming world. Given that E3 is next week, we're all likely to see many new uses for old trademarks and new trademarks surfacing from many of the industry's power players. Surprisingly, this isn't just as simple as picking a name and going with it. In fact, there's a lot of the 'trademark' game, and hopefully this week's column will give you a better-than-Wikipedia level background in what the game makers go through to get their hands on names like Crash Bandicoot, apparently the most desired piece of E3 news according to Joystiq readers.

Trademark is probably the most well known of the three unfair competition concepts, and its origins trace back to the guilds in England, although the idea of placing an identifying mark on something goes back as far as human history. In fact, the first trademark laws in England were passed in 1266. The basic concept is a fairly straightforward one: Someone who makes something should be able to have a mark that identifies that persons products for consumers, and that mark should be limited to use by that one producer. This idea benefits both the consumers, by allowing them to identify reputable products in the marketplace, and producers, by allowing them to build reputations for their products and preventing others from taking advantage of their reputations.

Continue reading Law of the Game on Joystiq: Time for Trademarks

JoystiqLaw of the Game on Joystiq: Time for Trademarks originally appeared on Joystiq on Wed, 09 Jul 2008 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnsintellectual-propertylawlaw-of-the-gametrademarktrademark-infringementWed, 09 Jul 2008 19:00:00 EST<![CDATA[Law of the Game on Joystiq: Royalties 101]]>http://www.joystiq.com/2008/03/05/law-of-the-game-on-joystiq-royalties-101/http://www.joystiq.com/2008/03/05/law-of-the-game-on-joystiq-royalties-101/http://www.joystiq.com/2008/03/05/law-of-the-game-on-joystiq-royalties-101/#commentsFiled under:

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

royal-t
With all the recent bru-ha-ha about Microsoft restructuring the XBLA royalty scheme, it seemed like an opportune time to discuss royalties as a whole. Royalties are a legal construct based around intellectual property, and are the basic way the business of intellectual property can function. In fact, I spend a good portion of my time writing up royalty agreements for all sorts of products, and while this may sound like a personal hell to many of you, I do actually enjoy it. And honestly, whether your dream is to create video games or make music or write books or something else along these lines, an understanding of royalties may help you out in your career. Given that Microsoft won't share its royalty specifics, I'm going to stick to the general concept.

So, what is a royalty, anyway? In a broad sense, it's a payment received for use of an intellectual property right. To be more specific, it's a payment for some right to a copyright, trademark, patent, or even a trade secret. (As a side note, certain kinds of payments for mineral rights are also termed 'royalties.') Here are some of the most common examples of a royalty in action:

Continue reading Law of the Game on Joystiq: Royalties 101

JoystiqLaw of the Game on Joystiq: Royalties 101 originally appeared on Joystiq on Wed, 05 Mar 2008 17:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnsintellectual-propertylawlaw-of-the-gameroyaltyxblaWed, 05 Mar 2008 17:30:00 EST<![CDATA[Law of the Game on Joystiq: The 'Zombie Suit']]>http://www.joystiq.com/2008/02/28/law-of-the-game-on-joystiq-the-zombie-suit/http://www.joystiq.com/2008/02/28/law-of-the-game-on-joystiq-the-zombie-suit/http://www.joystiq.com/2008/02/28/law-of-the-game-on-joystiq-the-zombie-suit/#commentsFiled under:

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

zombie suit
We're here today to discuss the greatest threat to the world as we know it: Zombies. Or, rather, how that particular threat has become the topic of a lawsuit over who controls said brain-eating, reanimated corpses. Before I start commenting on the suit, I have to put forth this bit of a disclaimer: I'm not privy to the court documents, and my commentary is purely speculative. That being said, there are a lot of problems with this suit from a theoretical standpoint.

The suit cites, specifically, both trademark and copyright claims. I have my doubts about either claim being successful, but I'll begin with the trademark issue. For those not familiar, intellectual property law has three major areas that involve Federal registration in the US: patent, trademark, and copyright. In short, patents protect ideas, trademarks protects brands, and copyrights protect expressions. The trademark claim, then, likely involved some issue of dilution or confusion between George A. Romero's 'Dead' movie series (specifically Dawn of the Dead) marks and the 'Dead Rising' mark. Without some pretty substantial evidence, I don't think MKR group has much of a case based on this claim.

Continue reading Law of the Game on Joystiq: The 'Zombie Suit'

JoystiqLaw of the Game on Joystiq: The 'Zombie Suit' originally appeared on Joystiq on Thu, 28 Feb 2008 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>capcomcolumnscopyrightDead-Risingintellectual-propertylawLaw-of-the-GamelawsuitzombieThu, 28 Feb 2008 19:00:00 EST