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 2015 AOL, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Lawsuit alleges EA infringed on sports stadium update patent]]>http://www.joystiq.com/2015/01/21/lawsuit-alleges-ea-infringed-on-sports-stadium-update-patent/http://www.joystiq.com/2015/01/21/lawsuit-alleges-ea-infringed-on-sports-stadium-update-patent/http://www.joystiq.com/2015/01/21/lawsuit-alleges-ea-infringed-on-sports-stadium-update-patent/#comments White Knuckle IP filed a lawsuit late last week against EA, alleging that the publisher infringed on a patent that focuses on methods for updating sports games based on real-life changes. The suit referred to U.S. Pat. No. 8,529,350, which described methods that record real-world parameters, then store those elements on a server so players can download them to update their games. The patent dates back to October 2002.

While the patent is related to another one that deals with updating an athlete's statistics and skills based on real-life performance, the lawsuit focuses on changes to the appearance and attributes of stadiums and venues. The lawsuit specifically targets games in EA Sports' NCAA Football and Tiger Woods PGA Tour series, from NCAA Football 10 and Tiger Woods PGA Tour 10 through the last respective entries, NCAA Football 14 and Tiger Woods PGA Tour 14. According to Patent Arcade, White Knuckle "did not identify any specific feature in its complaint."
[Image: EA Sports]

JoystiqLawsuit alleges EA infringed on sports stadium update patent originally appeared on Joystiq on Wed, 21 Jan 2015 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>arenaseaEA-SportsElectronic-Artslawsuitmicrosoftncaa-footballncaa-football-14patentpatent-infringementplaystationps3ps4stadiumssuittiger-woods-pga-tourtiger-woods-pga-tour-14white-knuckle-gamingwhite-knuckle-ipxboxxbox-oneWed, 21 Jan 2015 13:30:00 EST<![CDATA[Appeals court sides with ex-NFL players in Madden likeness suit]]>http://www.joystiq.com/2015/01/07/appeals-court-sides-with-ex-nfl-players-in-madden-likeness-suit/http://www.joystiq.com/2015/01/07/appeals-court-sides-with-ex-nfl-players-in-madden-likeness-suit/http://www.joystiq.com/2015/01/07/appeals-court-sides-with-ex-nfl-players-in-madden-likeness-suit/#comments A federal appeals court struck down Electronic Arts' appeal to dismiss a 2010 lawsuit in which retired NFL players alleged that the publisher used their likenesses without permission in Madden NFL 09. A three-judge panel unanimously declined EA's motion to dismiss the lawsuit on the grounds of First Amendment protections under "incidental use." Madden 09 included over 140 historic NFL teams as well as the stats and positions of thousands of retired athletes to celebrate the series' 20th anniversary, and EA allegedly altered jersey numbers and removed the players' names to avoid paying licensing fees, according to the August 2010 lawsuit.

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

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

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

Permalink | Email this | Comments]]>appealappeals-courtclass-actionclass-action-lawsuitEAElectronic-Artsfirst-amendmentfootballlawsuitlikenessmaddenMadden-09Madden-NFL-09microsoftnflnintendoplaystationps3wiixboxWed, 07 Jan 2015 17:00:00 EST<![CDATA[Federal court dismisses Wiimote patent case against Nintendo]]>http://www.joystiq.com/2014/12/24/federal-court-dismisses-wiimote-patent-case-against-nintendo/http://www.joystiq.com/2014/12/24/federal-court-dismisses-wiimote-patent-case-against-nintendo/http://www.joystiq.com/2014/12/24/federal-court-dismisses-wiimote-patent-case-against-nintendo/#comments Nintendo has prevailed in yet another patent lawsuit, this time against Texas company UltimatePointer LLC, regarding a case we first reported on in 2011. UltimatePointer asserted that Nintendo's Wiimote infringed on its patent for an "Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor." In a Seattle federal court, Judge Robert S. Lasnik ruled that the Wiimote does not infringe on UltimatePointer's patent and found that a number of the company's claims were invalid, meaning no trial is required.

Nintendo of America Vice President and Deputy General Counsel Richard Medway offered the following statement about the decision: "We are very pleased with these decisions, which confirmed Nintendo's position from the beginning - we do not, nor have we ever, infringed these patents. The result in this case, once again, demonstrates that Nintendo will continue to vigorously defend its innovations against patent lawsuits, even if it must do so in multiple courts and commit significant resources to defend itself. Nintendo continues to support reform efforts to reduce the unnecessary and inefficient burden patent cases like this one place on technology companies in the United States."

And now this one gets thrown in the "backlinks about Nintendo patent disputes" pile. Electronics company Philips recently won a dispute in the UK against Nintendo regarding the Wii and Wii U's use of a camera and motion-sensing technology. Nintendo plans to appeal the UK decision, and Philips has filed against Nintendo in the US as well.
[Image: Nintendo]

JoystiqFederal court dismisses Wiimote patent case against Nintendo originally appeared on Joystiq on Wed, 24 Dec 2014 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>lawsuitnintendopatentpatent-infringementultimatepointerwiiwii-uWed, 24 Dec 2014 13:00:00 EST<![CDATA[Read the fine print: Ubisoft free game offer waives lawsuits]]>http://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/http://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/http://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/#comments Ubisoft's offer of a free game to make up for the widespread technological problems of Assassin's Creed: Unity seems generous, but those hoping to take advantage should be aware of a notable caveat tucked inside the offer's fine print.

You'll find the entirety of the relevant legalese beyond the break, but in short it states that by downloading the free game, players are waiving the right to sue Ubisoft or any of its development studios over the state of Assassin's Creed: Unity. This precludes players from suing Ubisoft directly, as well as joining any class-action lawsuits against the publisher.

Continue reading Read the fine print: Ubisoft free game offer waives lawsuits

JoystiqRead the fine print: Ubisoft free game offer waives lawsuits originally appeared on Joystiq on Mon, 22 Dec 2014 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>assassins-creed-unityfine-printlawsuitlegallegalesemicrosoftpcplaystationps4ubisoftxbox-oneMon, 22 Dec 2014 18:00:00 EST<![CDATA[All but one of Sony's arguments against Killzone lawsuit dismissed]]>http://www.joystiq.com/2014/12/20/all-but-one-of-sonys-arguments-against-killzone-lawsuit-dismiss/http://www.joystiq.com/2014/12/20/all-but-one-of-sonys-arguments-against-killzone-lawsuit-dismiss/http://www.joystiq.com/2014/12/20/all-but-one-of-sonys-arguments-against-killzone-lawsuit-dismiss/#comments
A federal judge has ruled that a class action lawsuit concerning the resolution of Killzone: Shadow Fall may proceed once the lead plaintiff files an amended complaint, according to a release from the US District Court. Lead Plaintiff Douglas Ladore's initial complaint, as reported in August by Courthouse News, alleges that Sony's claim of "razor-sharp 1080p native resolution" is false advertising, as Ladore claims Shadow Fall's multiplayer becomes "blurry to the point of distraction."

Shadow Fall developer Guerrilla Games released a statement addressing the game's resolution, explaining that a technique called "temporal reprojection" is used in multiplayer, which "combines pixels and motion vectros from multiple lower-resoultion frames to reconstruct a full 1080p image." The statement added, "If native means that every part of the pipeline is 1080p then this technique is not native."

In the recent ruling, US District Judge Edward Chen dismissed all but one of Sony's arguments - Chen agreed Ladore's negligent misrepresentation claim cannot stand in its current state, as Ladore did not present a non-economic loss (such as personal injury or property damage) suffered in relation to his purchase of Shadow Fall. However, Chen granted Ladore 30 days to file an amended complaint, in case he can "sufficiently allege that he or other putative class members suffered such non-economic damages."
[Image: Sony]

JoystiqAll but one of Sony's arguments against Killzone lawsuit dismissed originally appeared on Joystiq on Sat, 20 Dec 2014 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>killzonekillzone-shadow-falllawsuitplaystationps4resolutionSat, 20 Dec 2014 18:00:00 EST<![CDATA[Nintendo sued after actor suffers heart condition in Donkey Kong suit]]>http://www.joystiq.com/2014/12/03/nintendo-sued-after-actor-suffers-heart-condition-in-donkey-kong/http://www.joystiq.com/2014/12/03/nintendo-sued-after-actor-suffers-heart-condition-in-donkey-kong/http://www.joystiq.com/2014/12/03/nintendo-sued-after-actor-suffers-heart-condition-in-donkey-kong/#comments An actor hired by Nintendo to wear a Donkey Kong suit at a Los Angeles Zoo event last year is suing the publisher over a heart condition he claims was caused while working in the southern California heat.

Attorneys for the actor tell the LA Times that he was denied breaks and not provided with a required ice pack, which led to a tearing of his aortic wall, which required surgery and implantation of a heart defibrillator.

The actor was hired to wear the suit on May 24, 2013, for the launch of Donkey Kong Country Returns 3D. Attorneys for the actor also say a company ambassador hired to escort him and control activities did not provide proper oversight.

On a lighter note, both the Donkey Kong Country Returns and its 3D remake were pretty good.

JoystiqNintendo sued after actor suffers heart condition in Donkey Kong suit originally appeared on Joystiq on Wed, 03 Dec 2014 10:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dsdonkey-kong-country-returns-3dlawsuitnintendosuitWed, 03 Dec 2014 10:30:00 EST<![CDATA[Activision, Vivendi lawsuit settlement amounts to $275 million]]>http://www.joystiq.com/2014/11/21/activision-vivendi-lawsuit-settlement-amounts-to-275-million/http://www.joystiq.com/2014/11/21/activision-vivendi-lawsuit-settlement-amounts-to-275-million/http://www.joystiq.com/2014/11/21/activision-vivendi-lawsuit-settlement-amounts-to-275-million/#comments Activision Blizzard reached a settlement this week over a shareholder's lawsuit in regards to the Call of Duty publisher's October 2013 buyout. As a result, Vivendi and others will pay $275 million to Activision to settle the litigation, which began in August 2013 before Activision's $8.2 billion purchase of itself from Vivendi was completed. Under the settlement terms, Activision will also add two directors to its board and must change the terms of its voting rights.

According to the lawsuit, Activision CEO Bobby Kotick and Co-Chairman Brian Kelly seemingly benefited from insider knowledge of the company's purchase, obtaining a 10 percent discount when Kotick's investment firm purchased 172 million shares of Activision for $2.34 billion. The lawsuit alleged a "breach of fiduciary duties, waste of corporate assets and unjust enrichment." Emails from the suit presented in July revealed that Vivendi wanted to fire Kotick in 2013 during the purchasing negotiations.
[Image: Activision]

JoystiqActivision, Vivendi lawsuit settlement amounts to $275 million originally appeared on Joystiq on Fri, 21 Nov 2014 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Activision-Blizzardbobby-kotickbrian-kellylawsuitsettlementshareholderssharesvivendiFri, 21 Nov 2014 13:00:00 EST<![CDATA[Manuel Noriega's Call of Duty lawsuit dismissed by LA court]]>http://www.joystiq.com/2014/10/29/manuel-noriegas-call-of-duty-lawsuit-dismissed-by-la-court/http://www.joystiq.com/2014/10/29/manuel-noriegas-call-of-duty-lawsuit-dismissed-by-la-court/http://www.joystiq.com/2014/10/29/manuel-noriegas-call-of-duty-lawsuit-dismissed-by-la-court/#comments Manuel Noriega's attempt to sue Activision has been dismissed by a Los Angeles Superior Court Judge who ruled that the former Panamanian dictator's unauthorized cameo in Call of Duty: Black Ops 2 is protected by America's free speech laws.

In the game, Noriega helps players track down a Nicaraguan activist, before switching allegiances and forcing the player to hunt and capture the virtual Noriega in what is a loose metaphor for the real Noriega's involvement with the CIA in the 1980s. The former dictator's lawsuit claimed this appearance portrays him as a "kidnapper, murderer and enemy of the state," and that his cameo enhanced sales of Call of Duty: Black Ops 2, for which Noriega believed he deserves compensation.

"This ruling is an important victory and we thank the court for protecting free speech," said former New York City mayor and Activision co-counsel Rudy Giuliani. "This was an absurd lawsuit from the very beginning and we're gratified that in the end, a notorious criminal didn't win. This is not just a win for the makers of Call of Duty, but is a victory for works of art across the entertainment and publishing industries throughout the world."

Noriega remains incarcerated in Panama for crimes committed against the country during his rule.
[Image: Activision]

Continue reading Manuel Noriega's Call of Duty lawsuit dismissed by LA court

JoystiqManuel Noriega's Call of Duty lawsuit dismissed by LA court originally appeared on Joystiq on Wed, 29 Oct 2014 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisioncall-of-duty-black-ops-2lawsuitlegalmanuel-noriegarudy-giulianiWed, 29 Oct 2014 15:00:00 EST<![CDATA[Battlefield 4 class action lawsuit dismissed on 'puffery']]>http://www.joystiq.com/2014/10/22/battlefield-4-class-action-lawsuit-dismissed-on-puffery/http://www.joystiq.com/2014/10/22/battlefield-4-class-action-lawsuit-dismissed-on-puffery/http://www.joystiq.com/2014/10/22/battlefield-4-class-action-lawsuit-dismissed-on-puffery/#comments
42-15392482| RF| ¿ Royalty-Free/CorbisAtlantic Puffins, One Gaping, Newfoundland, CanadaAtlantic puffins (Fratercula arctica) No, not puffinry. Puffery.

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

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

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

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

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

[Image: Getty]

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

Permalink | Email this | Comments]]>battlefield-4class-action-lawsuiteaea-diceelectronic-artslawsuitlegalmicrosoftpcplaystationps3ps4puffinsxboxxbox-oneWed, 22 Oct 2014 13:00:00 EST<![CDATA[Square Enix sues SNK over past copyright infringement allegations]]>http://www.joystiq.com/2014/10/08/square-enix-sues-snk-over-past-copyright-infringement-allegation/http://www.joystiq.com/2014/10/08/square-enix-sues-snk-over-past-copyright-infringement-allegation/http://www.joystiq.com/2014/10/08/square-enix-sues-snk-over-past-copyright-infringement-allegation/#comments Square Enix announced that it brought a declaratory judgment suit against SNK Playmore as a response to previous accusations of copyright infringement. SNK sued Square Enix in May, claiming the Final Fantasy publisher used copyrighted SNK characters without permission in the High Score Girl manga. SNK alleged that characters from The King of Fighters and Samurai Shodown were used more than 100 times without permission.

Following the lawsuit, police collected evidence in early August from Square Enix's offices, and the publisher stated it "has been cooperating fully with police investigations since the domiciliary search, and will continuously maintain the cooperative stance with good faith." Square Enix is now seeking an authoritative opinion from the Osaka District Court to determine that it has not infringed on SNK's copyright and will "prove the point through civil procedures."
[Images: Square Enix]

JoystiqSquare Enix sues SNK over past copyright infringement allegations originally appeared on Joystiq on Wed, 08 Oct 2014 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyrightcopyright-infringementdeclaratory-judgementhigh-score-girllawsuitmangasamurai-shodownsnksnk-playmoreSquare-Enixthe-king-of-fightersWed, 08 Oct 2014 11:30:00 EST<![CDATA[Hackers charged with Xbox One, Valve, Call of Duty data theft]]>http://www.joystiq.com/2014/09/30/hackers-charged-with-xbox-one-valve-call-of-duty-data-theft/http://www.joystiq.com/2014/09/30/hackers-charged-with-xbox-one-valve-call-of-duty-data-theft/http://www.joystiq.com/2014/09/30/hackers-charged-with-xbox-one-valve-call-of-duty-data-theft/#comments The United States has charged four members of an international hacking ring with stealing up to $200 million in intellectual property and other data from Microsoft, Epic Games, Valve, Zombie Studios and the US Army. The hackers are charged with stealing software related to Xbox Live, Xbox One, Call of Duty: Modern Warfare 3 and Gears of War 3.

"Specifically, the data cyber-theft allegedly included source code, technical specifications and related information for Microsoft's then-unreleased Xbox One gaming console; intellectual property and proprietary data related to Xbox Live, Microsoft's online multi-player gaming and media-delivery system; Apache helicopter simulator software developed by Zombie Studios for the US Army; a pre-release version of Epic's video game, Gears of War 3; and a pre-release version of Activision's video game, Call of Duty: Modern Warfare 3. The defendants also allegedly conspired to use, share and sell the stolen information," the US Department of Justice says in a press release.

The hacking group used SQL injection and stolen usernames and passwords to break into the targeted companies' networks. The men charged are Nathan Leroux, 20, of Bowie, Maryland; Sanadodeh Nesheiwat, 28, of Washington, New Jersey; David Pokora, 22, of Mississauga, Ontario, Canada; and Austin Alcala, 18, of McCordsville, Indiana. Pokora and Nesheiwat have pleaded guilty to conspiracy to commit computer fraud and copyright infringement, both scheduled for sentencing in January.

"Pokora's plea is believed to be the first conviction of a foreign-based individual for hacking into US businesses to steal trade secret information," the Department of Justice says. Authorities in Australia have charged an Australian citizen in relation to this conspiracy.
[Image: Microsoft]

JoystiqHackers charged with Xbox One, Valve, Call of Duty data theft originally appeared on Joystiq on Tue, 30 Sep 2014 19:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>conspiracydepartment-of-justicehackerhackershackinglawsuitmicrosoftpcxbox-oneTue, 30 Sep 2014 19:30:00 EST<![CDATA[Google to refund at least $19 million over in-app purchases]]>http://www.joystiq.com/2014/09/07/google-to-refund-at-least-19-million-over-in-app-purchases/http://www.joystiq.com/2014/09/07/google-to-refund-at-least-19-million-over-in-app-purchases/http://www.joystiq.com/2014/09/07/google-to-refund-at-least-19-million-over-in-app-purchases/#comments
If we were to face a complaint filed with the Federal Trade Commission, having a bunch of irritated parents on the other end of things is pretty low on our list of ideal situations. We're thinking Google feels the same way, now that they've agreed to pay a minimum of $19 million in refunds over purchases made without the account holder's explicit consent.

The trouble stems from children making purchases through their parents' accounts without permission, which presumably led to some spirited child-and-parent talks over monthly credit card statements. According to the FTC's release concerning Google's settlement, the tech giant has also agreed to modify its billing strategy to "ensure that it obtains express, informed consent from consumers before charging them for items sold in mobile apps."

Hopefully these changes will soon allow parents to deploy phones and tablets for much-needed sanity breaks without paying a premium. Then again, gardens aren't going to just grow their own zombie defense budget ...
[Image: Google]

JoystiqGoogle to refund at least $19 million over in-app purchases originally appeared on Joystiq on Sun, 07 Sep 2014 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androidgooglegoogle-playin-app-purchaseslawsuitmicrotransactionsmobileSun, 07 Sep 2014 15:00:00 EST<![CDATA[Sega pins Aliens: Colonial Marines marketing mishaps on Gearbox]]>http://www.joystiq.com/2014/09/04/sega-pins-aliens-colonial-marines-marketing-mishaps-on-gearbox/http://www.joystiq.com/2014/09/04/sega-pins-aliens-colonial-marines-marketing-mishaps-on-gearbox/http://www.joystiq.com/2014/09/04/sega-pins-aliens-colonial-marines-marketing-mishaps-on-gearbox/#comments After Aliens: Colonial Marines publisher Sega moved to settle a class-action lawsuit to the tune of $1.25 million in August for alleged false advertising for the game, it shifted the blame for the game's marketing issues to Gearbox Software, according to court documents obtained by Game Informer. Internal emails from Gearbox and Sega representatives cite examples of the former revealing information about the game without the consent of the publisher.

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

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

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

Permalink | Email this | Comments]]>aliens-colonial-marinesclaimsclass-actionclass-action-lawsuitcourt-documentsgearboxgearbox-softwarelawsuitlegalmarketingmicrosoftnintendopcplaystationps3Randy-PitchfordSegawii-uxboxThu, 04 Sep 2014 13:00:00 EST<![CDATA[Rockstar: Lohan's GTA 5 lawsuit just Jonas-ing for publicity]]>http://www.joystiq.com/2014/08/27/rockstar-lohans-gta-5-lawsuit-just-jonas-ing-for-publicity/http://www.joystiq.com/2014/08/27/rockstar-lohans-gta-5-lawsuit-just-jonas-ing-for-publicity/http://www.joystiq.com/2014/08/27/rockstar-lohans-gta-5-lawsuit-just-jonas-ing-for-publicity/#comments Lindsay Lohan's Grand Theft Auto 5 lawsuit was "filed for publicity purposes" according to creator Rockstar and parent company Take-Two Interactive. Lohan sued Rockstar and Take-Two for damages back in July over the in-game character of Lacey Jonas, a troubled young actress who struggles with an eating disorder and dealing with the paparazzi.

The case claimed Lohan's image, voice and styles from her clothing label were all used to depict Jonas, forming an "unequivocal" reference to the Mean Girls star. As the Associated Press reports, Rockstar is having none of it. Manhattan court papers made public this week show Take-Two and its subsidiary not only want the suit dismissed, but the company wants Lohan to pay its legal fees. As far as Take-Two is concerned, Jonas only resembles Lohan in being a young, blonde woman.

Continue reading Rockstar: Lohan's GTA 5 lawsuit just Jonas-ing for publicity

JoystiqRockstar: Lohan's GTA 5 lawsuit just Jonas-ing for publicity originally appeared on Joystiq on Wed, 27 Aug 2014 08:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>casecourtgrand-theft-auto-5gta5lawsuitlindsay-lohanmicrosoftpcplaystationps3ps4RockStarRockstar-GamesTake-TwoTake-Two-Interactivexboxxbox-oneWed, 27 Aug 2014 08:30:00 EST<![CDATA[Report: Capcom aims patent infringment suit at Koei Tecmo]]>http://www.joystiq.com/2014/08/26/report-capcom-aims-patent-infringment-suit-at-koei-tecmo/http://www.joystiq.com/2014/08/26/report-capcom-aims-patent-infringment-suit-at-koei-tecmo/http://www.joystiq.com/2014/08/26/report-capcom-aims-patent-infringment-suit-at-koei-tecmo/#comments Capcom has filed suit against Koei Tecmo alleging that the Dynasty Warriors publisher infringed on key Capcom patents in recent games, according to a Sankei report translated by Siliconera.

The patent in question refers to backwards compatible content being transferred from a game to its predecessor. Imagine the Genesis-era Sonic & Knuckles cartridges. If you connect one to a Sonic 2 cartridge, you can play as Knuckles in the older game, despite his first appearance coming well after Sonic 2 hit store shelves. A more recent, topical example would be Dynasty Warriors 8: Xtreme Legends, a standalone expansion that could be linked with the original Dynasty Warriors 8 to add additional stages and characters to the older musou brawler.

Capcom's suit alleges that 50 Koei Tecmo games are in violation of the patent. The Street Fighter publisher is seeking 980 million yen (about $9.4 million) in restitution as well as a temporary ban on sales of several Koei Tecmo games.
[Image: Koei Tecmo]

JoystiqReport: Capcom aims patent infringment suit at Koei Tecmo originally appeared on Joystiq on Tue, 26 Aug 2014 16:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>capcomdynasty-warriors-8koei-tecmolawlawsuitlegalpatentpatent-infringementTue, 26 Aug 2014 16:00:00 EST<![CDATA[Sega moves for $1.25M Aliens: Colonial Marines settlement]]>http://www.joystiq.com/2014/08/16/sega-moves-for-1-25m-aliens-colonial-marines-settlement/http://www.joystiq.com/2014/08/16/sega-moves-for-1-25m-aliens-colonial-marines-settlement/http://www.joystiq.com/2014/08/16/sega-moves-for-1-25m-aliens-colonial-marines-settlement/#comments Aliens: Colonial Marines publisher Sega has moved to settle a class-action lawsuit brought against the company regarding alleged false advertising to the tune of $1.25 million, according to court documents filed with the US District Court for the Northern District of California.

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

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

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

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

Permalink | Email this | Comments]]>aliens-colonial-marinesclass-actiongearboxlawsuitmicrosoftpcplaystationps3segaxboxSat, 16 Aug 2014 17:00:00 EST<![CDATA[Sony sued over Killzone: Shadow Fall's 1080p promises]]>http://www.joystiq.com/2014/08/06/sony-sued-over-killzone-shadow-falls-1080p-promises/http://www.joystiq.com/2014/08/06/sony-sued-over-killzone-shadow-falls-1080p-promises/http://www.joystiq.com/2014/08/06/sony-sued-over-killzone-shadow-falls-1080p-promises/#comments A California class-action lawsuit alleges Sony Computer Entertainment America engaged in "deceptive marketing" of Killzone: Shadow Fall for PS4 when it advertised the game running in 1080p. After launch, Digital Foundry found that the multiplayer portion of Shadow Fall runs in upscaled 960 x 1080 resolution, a step below 1080p - and law firm Edelson PC and plaintiff Douglas Ladore see a case there.

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

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

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

JoystiqSony sued over Killzone: Shadow Fall's 1080p promises originally appeared on Joystiq on Wed, 06 Aug 2014 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>1080pclass-actionedelsonedelson-pcedelsonpckillzone-shadow-falllawsuitplaystationps4resolutionSCEASONYWed, 06 Aug 2014 19:00:00 EST<![CDATA[Artist sues pet toy company over Angry Birds licensing profits]]>http://www.joystiq.com/2014/08/05/artist-sues-pet-toy-company-over-angry-birds-licensing-profits/http://www.joystiq.com/2014/08/05/artist-sues-pet-toy-company-over-angry-birds-licensing-profits/http://www.joystiq.com/2014/08/05/artist-sues-pet-toy-company-over-angry-birds-licensing-profits/#comments Seattle artist Juli Adams has filed suit against pet product manufacturer Hartz, alleging that the company denied her profits when it ditched her trademarked "Angry Birds" toy line in favor of licensed products based on Rovio's mobile hit Angry Birds.

Adams' own "Angry Birds" lineup of catnip-filled toys predates Rovio's franchise, originally launching in partnership with Hartz in November 2006. As part of the agreement, Hartz received limited licensing rights, allowing it to sell the toys in pet stores while forbidding the licensing of Adams' intellectual property to third parties. Adams retained full intellectual property rights in the partnership.

After the Angry Birds mobile game debuted in 2009, Hartz began distributing Rovio-licensed toys while its partnership with Adams was still in effect. Adams' representing attorney Anthony Shapiro claims that Hartz subsequently earned "tens, if not hundreds of millions of dollars from sales of the Angry Birds pet toys," without legal property rights to the trademark. The suit alleges that Hartz later informed Adams that she could no longer use the "Angry Birds" name due to a licensing conflict.

While Rovio had trademarked the Angry Birds name for licensed children's toys, clothing and other products, it specifically excluded pet toys from its attempted trademarks, deferring to Hartz' trademark that it established in partnership with Adams. Hartz is the sole named defendant in Adams' case; Rovio is not targeted in the suit.

Adams' complaint seeks "disgorgement of all of Hartz's ill-gotten gains, a reasonable royalty as owed to her under the Agreement, and an accounting, as well as a return of her Intellectual Property, including all associated trademarks and copyright registrations for 'Angry Birds' pet toys."

[Image: Hartz / Adams / Rovio]

Continue reading Artist sues pet toy company over Angry Birds licensing profits

JoystiqArtist sues pet toy company over Angry Birds licensing profits originally appeared on Joystiq on Tue, 05 Aug 2014 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androidangry-birdshartziosipadiphonelawsuitlegallicensingmobileroviotrademarksTue, 05 Aug 2014 13:00:00 EST<![CDATA[Court approves settlement over Sony's 2011 PSN breach]]>http://www.joystiq.com/2014/07/24/court-approves-settlement-over-sonys-2011-psn-breach/http://www.joystiq.com/2014/07/24/court-approves-settlement-over-sonys-2011-psn-breach/http://www.joystiq.com/2014/07/24/court-approves-settlement-over-sonys-2011-psn-breach/#comments The US District Court for the Southern District of California approved a settlement for the class action lawsuit resulting from Sony's 2011 PSN data breach. The settlement may result in Sony doling out as much as $17.75 million, which includes an offer for one free game (PS3 or PSP only), three PS3 themes or credit for three months of PlayStation Plus membership (valid only for new subscribers).

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

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

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

Permalink | Email this | Comments]]>claimsclass-actionclass-action-lawsuitcourtlawsuitplaystationPlayStation-Networkps3PSNpsn-outage-2011pspsettlementsonywelcome-backThu, 24 Jul 2014 11:32:00 EST<![CDATA[Activision CEO Bobby Kotick was nearly fired in 2013]]>http://www.joystiq.com/2014/07/16/activision-ceo-bobby-kotick-was-nearly-fired-in-2013/http://www.joystiq.com/2014/07/16/activision-ceo-bobby-kotick-was-nearly-fired-in-2013/http://www.joystiq.com/2014/07/16/activision-ceo-bobby-kotick-was-nearly-fired-in-2013/#comments Vivendi, Activision's controlling shareholder in 2013, wanted to fire CEO Bobby Kotick, as revealed in emails that are part of a lawsuit filed by Activision investors (via Bloomberg). During negotiations for Activision to buy the majority of its own shares back from Vivendi in 2013, Kotick refused any deal that excluded his own investment group, a stance that made Vivendi executives consider losing him entirely, the filing says.

One email from then-CEO of Vivendi, Jean-Francois Dubos, said, "I really wonder who's going to fire him." Philippe Capron, Vivendi CFO and Activision chairman, replied, "Myself, happily. Tomorrow if you want."

Continue reading Activision CEO Bobby Kotick was nearly fired in 2013

JoystiqActivision CEO Bobby Kotick was nearly fired in 2013 originally appeared on Joystiq on Wed, 16 Jul 2014 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ActivisionActivision-Blizzardbobby-koticklawsuitvivendiWed, 16 Jul 2014 20:00:00 EST<![CDATA[FTC sues Amazon over in-app purchase practices]]>http://www.joystiq.com/2014/07/10/ftc-sues-amazon-over-in-app-purchase-practices/http://www.joystiq.com/2014/07/10/ftc-sues-amazon-over-in-app-purchase-practices/http://www.joystiq.com/2014/07/10/ftc-sues-amazon-over-in-app-purchase-practices/#comments The U.S. Federal Trade Commission has sued online retailer Amazon for refusing to change its framework for purchases made within its hosted mobile apps, according to a Reuters report.

The lawsuit is an expected result of Amazon's denial of FTC-issued requests to change its in-app purchase policies. To meet FTC guidelines, Amazon would need to add another layer of password protection and overhaul its refund policies in order to curb in-app purchases made by children without parental permission. In a recent letter to the FTC, Amazon noted that it prefers to "defend our approach in court," rather than change its policies.

The FTC's lawsuit seeks refunds for affected customers and a ban on unlimited purchases within Amazon apps. Apple issued more than $32.5 million in refunds to App Store customers following a similar FTC complaint earlier this year.

[Image: Amazon]

JoystiqFTC sues Amazon over in-app purchase practices originally appeared on Joystiq on Thu, 10 Jul 2014 19:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>amazonandroidftcin-app-purchaseslawsuitlegalmobileThu, 10 Jul 2014 19:30:00 EST<![CDATA[Lindsay Lohan sues Rockstar over GTA 5 character likeness]]>http://www.joystiq.com/2014/07/02/lindsay-lohan-sues-rockstar-over-gta-5-character-likeness/http://www.joystiq.com/2014/07/02/lindsay-lohan-sues-rockstar-over-gta-5-character-likeness/http://www.joystiq.com/2014/07/02/lindsay-lohan-sues-rockstar-over-gta-5-character-likeness/#comments Following months of idle threats, actress Lindsay Lohan has officially filed a lawsuit against Rockstar Games, alleging that the Grand Theft Auto 5 creators borrowed her likeness for the character of Lacey Jonas.

According to the suit, Lohan's virtual doppelganger mirrors the actress' struggles with the paparazzi, while also depicting her voice, image and personal style. Further, the suit points out that Rockstar included an in-game spoof of the famous Chateau Marmont in West Hollywood, a hotel where Lohan herself lived for several months. Lacey Jonas is an "unequivocal" reference to Lohan, the suit claims, before asking for unspecified damages.

Not mentioned in the suit are Lohan's recent financial woes, rumored drug abuse or her longstanding reputation as an unreliable actress, all of which has caused her stock to plummet among Hollywood studios over the past decade. Nor does the suit mention that Grand Theft Auto 5 ranks among the most successful game releases of all time, having earned over $800 million dollars on the Xbox 360 and PlayStation 3 alone (and with more money to come from imminent PlayStation 4, PC and Xbox One versions). Then, of course, there's the legally-protected concept of "satire" to discuss - but we're sure a judge will cover all of these bases once this lawsuit finds its way into a courtroom.
[Image: Los Angeles County Sheriff's Department]

JoystiqLindsay Lohan sues Rockstar over GTA 5 character likeness originally appeared on Joystiq on Wed, 02 Jul 2014 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>grand-theft-auto-5gta5lawsuitlegallindsay-lohanmicrosoftplaystationps3rockstar-gamesxboxWed, 02 Jul 2014 14:30:00 EST<![CDATA[Oculus: ZeniMax lawsuit a 'transparent attempt' to profit from Facebook sale]]>http://www.joystiq.com/2014/06/25/oculus-zenimax-lawsuit-a-transparent-attempt-to-profit-from-f/http://www.joystiq.com/2014/06/25/oculus-zenimax-lawsuit-a-transparent-attempt-to-profit-from-f/http://www.joystiq.com/2014/06/25/oculus-zenimax-lawsuit-a-transparent-attempt-to-profit-from-f/#comments Oculus VR has issued a legal statement denying ZeniMax Media's claims that Oculus Chief Technology Officer John Carmack developed key VR technology while employed at ZeniMax, therefore entitling ZeniMax and its subsidiary id Software to compensation.

"ZeniMax's Complaint falsely claims ownership in Oculus VR technology in a transparent attempt to take advantage of the Oculus VR sale to Facebook," the statement reads. "By deliberately misstating some facts and omitting others, ZeniMax makes the incredible assertion that it, a videogame software publishing company for personal computers and consoles like the Sony PlayStation, invented and developed a virtual reality hardware and software system."

The statement continues: "The truth is quite different. There is not a line of ZeniMax code or any of its technology in any Oculus VR product. [...] Until the Facebook deal, and the perceived chance for a quick payout, ZeniMax never raised any claim of infringement against Oculus VR, undoubtedly because ZeniMax never has contributed any intellectual property or technology to Oculus VR."

Carmack responded to the allegations last month. "No work I have ever done has been patented," he said. "ZeniMax owns the code that I wrote, but they don't own VR."

Today's statement asserts that the Oculus VR headset technology was developed solely by Palmer Luckey, and claims that "[ZeniMax's] lawsuit is nothing more than ZeniMax seeking to correct for a massive missed opportunity through the assertion of meritless litigation." Oculus now demands a jury trial to resolve the issue.

[Image: Oculus VR]

JoystiqOculus: ZeniMax lawsuit a 'transparent attempt' to profit from Facebook sale originally appeared on Joystiq on Wed, 25 Jun 2014 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>john-carmacklawsuitlegaloculus-riftoculus-vrpcvrzenimax-mediaWed, 25 Jun 2014 13:00:00 EST<![CDATA[UK court rules against Nintendo in patent infringement case]]>http://www.joystiq.com/2014/06/21/uk-court-rules-against-nintendo-in-patent-infringement-case/http://www.joystiq.com/2014/06/21/uk-court-rules-against-nintendo-in-patent-infringement-case/http://www.joystiq.com/2014/06/21/uk-court-rules-against-nintendo-in-patent-infringement-case/#comments A UK court has found Nintendo's reasons for creating devices with both a camera and motion-sensing technology "unconvincing," and has ruled against the house that Mario built in a patent infringement case brought forward by electronics company Philips. The decision impacts the Wii and Wii U consoles, as both systems utilize such technology via Wii Remotes and the Wii U GamePad.

"The common general knowledge did not include a device combining a physical motion sensor with a camera and the reasons advanced by Nintendo for putting those two sensors together in one unit are unconvincing," judge Colin Birss wrote in his decision, possibly channeling his inner Ron Burgandy. What this means for fines and damages is currently uncertain, as Nintendo has said that it will appeal.

Philips filed against Nintendo in the US last month, seeking damages for Nintendo's "deliberate and willful" patent infringement, as well as a ban on the Wii family of products.
[Image: Nintendo]

JoystiqUK court rules against Nintendo in patent infringement case originally appeared on Joystiq on Sat, 21 Jun 2014 12:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>lawsuitlegalnintendopatentpatent-infringementphilipsukwiiwii-uSat, 21 Jun 2014 12:00:00 EST<![CDATA[Halo composer sues Bungie CEO over unpaid benefits]]>http://www.joystiq.com/2014/06/07/halo-composer-sues-bungie-ceo-over-unpaid-benefits/http://www.joystiq.com/2014/06/07/halo-composer-sues-bungie-ceo-over-unpaid-benefits/http://www.joystiq.com/2014/06/07/halo-composer-sues-bungie-ceo-over-unpaid-benefits/#comments Former Halo series and Destiny composer Martin O'Donnell is suing Bungie CEO Harold Ryan over allegedly unpaid benefits, according to a filing issued with the King County, Washington court.

O'Donnell's filing reaffirms his claim that he was fired "without cause" from Bungie, and further alleges that Bungie has "a policy, pattern and practice of paying its employees accrued but unused vacation, paid time off, sabbatical time, and other benefits." The suit claims Ryan acknowledged and agreed to pay these benefits, yet to date has not done so. Because of this, O'Donnell is seeking twice the amount of the withheld wages, along with compensation to cover legal fees.

O'Donnell's filing also lists "separate grievances" against Ryan and Bungie, but said grievances are not being pursued in court at this time. However, O'Donnell wishes to reserve the right to append his original complaint with these separate grievances if they are not subject to arbitration.
[Image: Wikimedia Commons]

JoystiqHalo composer sues Bungie CEO over unpaid benefits originally appeared on Joystiq on Sat, 07 Jun 2014 10:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionbungiedestinyhaloharold-ryanlawsuitMartin-ODonnellSat, 07 Jun 2014 10:30:00 EST<![CDATA[EA may pay almost $1,000 per college athlete for sports game settlement]]>http://www.joystiq.com/2014/06/01/ea-may-pay-almost-1-000-per-college-athlete-for-sports-game-set/http://www.joystiq.com/2014/06/01/ea-may-pay-almost-1-000-per-college-athlete-for-sports-game-set/http://www.joystiq.com/2014/06/01/ea-may-pay-almost-1-000-per-college-athlete-for-sports-game-set/#comments Student athletes whose likenesses were used in EA's NCAA football and basketball games will receive up to $951 for each year they were featured in the games, according to a proposed settlement being put forth for approval by a judge. While EA proposed a $40 million settlement in September 2013 for its ongoing litigation with student athletes over its college sports series stemming back to May 2009, it hasn't been clear how that money would divide among the parties in the lawsuit until now.

More than 100,000 current and former college athletes will have the potential to claim part of the settlement, according to CBS Sports. Of those athletes, roughly 7,000 of them are current players, based on estimates from Rob Carey, an attorney for former Nebraska quarterback Sam Keller. EA tacked on an extra $8 million in expenses related to the settlement in its fiscal 2014 financial results in May. Its proposed settlement followed the cancellation of its 2014 college football game, which would have been without the NCAA's logos and marks after the two parted ways in July 2013.
[Image: EA Sports]

Continue reading EA may pay almost $1,000 per college athlete for sports game settlement

JoystiqEA may pay almost $1,000 per college athlete for sports game settlement originally appeared on Joystiq on Sun, 01 Jun 2014 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>basketballcollege-athletesCollege-FootballEAEA-SportsElectronic-Artsfootballlawsuitlicensinglikenessncaancaa-basketballncaa-footballncaa-football-14settlementstudent-athletesSun, 01 Jun 2014 16:30:00 EST<![CDATA[ZeniMax is taking Oculus VR to court]]>http://www.joystiq.com/2014/05/21/zenimax-is-taking-oculus-vr-to-court/http://www.joystiq.com/2014/05/21/zenimax-is-taking-oculus-vr-to-court/http://www.joystiq.com/2014/05/21/zenimax-is-taking-oculus-vr-to-court/#comments ZeniMax Media and its subsidiary, id Software, filed suit against Oculus VR and the company's founder, Palmer Luckey, claiming that Oculus illegally misappropriated ZeniMax trade secrets and infringed on ZeniMax copyrights and trademarks while developing the Oculus Rift. ZeniMax filed the suit in federal court in the US District Court for the Northern District of Texas.

The suit claims that Oculus exploited ZeniMax IP, code and "technical know-how" (that is the technical term) regarding VR technology. ZeniMax said it gave Oculus "valuable intellectual property" under a strict NDA, and that Oculus illegally used its IP to create the Oculus Rift.

ZeniMax said it sought compensation from Oculus but was repeatedly denied. In May, The Wall Street Journal reported that ZeniMax asked Oculus for compensation after developer John Carmack left ZeniMax to become Chief Technology Officer at Oculus VR. At the time, ZeniMax said in a statement, "The proprietary technology and know-how Mr. Carmack developed when he was a ZeniMax employee, and used by Oculus, are owned by ZeniMax."

Continue reading ZeniMax is taking Oculus VR to court

JoystiqZeniMax is taking Oculus VR to court originally appeared on Joystiq on Wed, 21 May 2014 17:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>id-SoftwareJohn-Carmacklawsuitoculus-riftoculus-vrpalmer-luckeypczenimaxzenimax-mediaWed, 21 May 2014 17:15:00 EST<![CDATA[2009 patent lawsuit over Nintendo DS dismissed by court]]>http://www.joystiq.com/2014/05/20/2009-patent-lawsuit-over-nintendo-ds-dismissed-by-court/http://www.joystiq.com/2014/05/20/2009-patent-lawsuit-over-nintendo-ds-dismissed-by-court/http://www.joystiq.com/2014/05/20/2009-patent-lawsuit-over-nintendo-ds-dismissed-by-court/#comments Nintendo emerged victorious this week from a patent infringement lawsuit filed five years ago, after a US District Court dismissed the case outright. Alleged patent troll Wall Wireless sued Nintendo as well as Sony and Nokia in 2009, claiming the companies contravened its patent for the "method and apparatus for creating and distributing real-time interactive media content through wireless communication networks and the internet."

Unfortunately for Wall Wireless, the US Patent and Trademark Office canceled all of the company's relevant patent claims upon re-examination, leaving the case without a leg to stand on. According to Nintendo, the Japanese Patent Office found the company's products didn't infringe on Wall Wireless' patent either. While there's no word from Sony or Nokia on the matter, it seems unlikely either company has much to worry about.

Continue reading 2009 patent lawsuit over Nintendo DS dismissed by court

Joystiq2009 patent lawsuit over Nintendo DS dismissed by court originally appeared on Joystiq on Tue, 20 May 2014 10:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>dslawsuitnintendonokiapatentsonywall-wirelessTue, 20 May 2014 10:00:00 EST<![CDATA[Report: Tech company files complaint to halt Wii, Wii U sales in US]]>http://www.joystiq.com/2014/05/15/report-us-tech-company-files-complaint-to-halt-wii-wii-u-sales/http://www.joystiq.com/2014/05/15/report-us-tech-company-files-complaint-to-halt-wii-wii-u-sales/http://www.joystiq.com/2014/05/15/report-us-tech-company-files-complaint-to-halt-wii-wii-u-sales/#comments Philips, the personal care, lighting and healthcare technology company, has filed a complaint for patent infringement against Nintendo, according to a document on Scribd. The complaint alleges Nintendo infringes on Philips' patent '379, "Virtual Body Control Device," with the Wii, Wii Remote Plus Controller, Wii Remote Controller, Wii Nunchuk Controller, Wii MotionPlus, Wii Balance Board, Wii U, Wii U GamePad and Wii Mini.

Philips says it sent notice of induced infringement to Nintendo on December 16, 2011, and since then Nintendo has deliberately infringed on its patent: "The December 16, 2011 notice letter provided Nintendo with knowledge of Nintendo's and its users' infringement. Moreover, Nintendo has with specific intent or willful blindness, actively and knowingly induced infringement of the '379 patent."

Philips alleges a second instance of patent infringement, this one number '231, "User Interface System Based on Pointing Device." Philips provided notice to Nintendo of patent '231 on the filing date of its complaint, May 14, 2014.

Considering Nintendo's infringement has been "deliberate and willful," Philips is seeking damages up to three times the amount inflicted by Nintendo's continued use of these products in the US. Plus, the complaint seeks to prohibit Nintendo from "making, using, selling, offering for sale, and importing within the United States" the Wii family of products.

Philips is seeking a trial by jury.
[Image: Nintendo]

JoystiqReport: Tech company files complaint to halt Wii, Wii U sales in US originally appeared on Joystiq on Thu, 15 May 2014 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>lawsuitlegalnintendopatent-infringementphilipswiiwii-uThu, 15 May 2014 18:00:00 EST<![CDATA[College football settlement costs EA another $8 million]]>http://www.joystiq.com/2014/05/06/college-football-settlement-costs-ea-another-8-million/http://www.joystiq.com/2014/05/06/college-football-settlement-costs-ea-another-8-million/http://www.joystiq.com/2014/05/06/college-football-settlement-costs-ea-another-8-million/#comments
When EA settled its ongoing litigation with student athletes in September 2013 related to its NCAA Basketball and Football video games, its expenses amounted to $40 million. Now, it is tacking on $8 million more in expected expenses for fiscal 2014, bringing the total to $48 million, according to the company's year-end financial results.

EA reported $40 million in settlement expenses as recently as the last fiscal quarter, ending in December. The publisher canceled its 2014 college football video game in September, following the NCAA's decision to not renew its licensing agreement with EA in July. The settlement by EA and the Collegiate Licensing Company led to another lawsuit in November, this one by the NCAA against EA. EA planned to continue working with the CLC to develop college sports games without the use of the NCAA's marks and logos, a non-exclusive agreement that was slated to last three years. The college athlete likeness lawsuits stem back to May 2009.
[Image: EA]

JoystiqCollege football settlement costs EA another $8 million originally appeared on Joystiq on Tue, 06 May 2014 16:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>basketballcollegecollege-athletescollege-basketballCollege-FootballEAEA-SportsElectronic-Artsfinancialsfootballfy-2014lawsuitlikenesslitigationncaancaa-football-14settlementstudent-athletesTue, 06 May 2014 16:40:00 EST<![CDATA[Washington state files suit over unfulfilled Kickstarter rewards]]>http://www.joystiq.com/2014/05/03/washington-state-files-suit-over-unfulfilled-kickstarter-rewards/http://www.joystiq.com/2014/05/03/washington-state-files-suit-over-unfulfilled-kickstarter-rewards/http://www.joystiq.com/2014/05/03/washington-state-files-suit-over-unfulfilled-kickstarter-rewards/#comments The state of Washington has filed a lawsuit against Altius Management, the company behind the successfully-Kickstarted Asylum Playing Cards. Despite exceeding its initial goal of $15,000 by more than $10,000 in October 2012, rewards have allegedly failed to reach backers' hands. The suit seeks restitution for backers, the state's cost and attorney's fees, and $2,000 per violation of the Consumer Protection Act in civil penalties.

"This lawsuit sends a clear message to people seeking the public's money," Washington State Attorney General Bob Ferguson said in a press release. "Washington state will not tolerate crowdfunding theft. The Attorney General's Office will hold those accountable who don't play by the rules." For what it's worth, Kickstarter itself would seem to agree; its Terms of Service make a project creator legally obligated to fulfill rewards when their project is successful or to offer refunds if they cannot deliver said rewards.

Crowdfunding sites like Kickstarter come with a certain amount of risk. The project you backed might be delayed. It might not be particularly good. It might get bought out by a larger company. Sometimes, as is allegedly the case here, you might not even get what you backed at all. While Kickstarter's ToS seem pretty cut-and-dry on the issue, this lawsuit may nonetheless change how the website handles crowdfunding in the future, as well as the public's perception of Kickstarter.
[Image: Altius Management]

Continue reading Washington state files suit over unfulfilled Kickstarter rewards

JoystiqWashington state files suit over unfulfilled Kickstarter rewards originally appeared on Joystiq on Sat, 03 May 2014 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>altius-managementasylum-playing-cardscrowdfundingkickstarterlawsuitlegalwashingtonSat, 03 May 2014 14:30:00 EST<![CDATA[3D Realms acquired by Rise of the Triad developer]]>http://www.joystiq.com/2014/03/02/3d-realms-acquired-by-rise-of-the-triad-developer/http://www.joystiq.com/2014/03/02/3d-realms-acquired-by-rise-of-the-triad-developer/http://www.joystiq.com/2014/03/02/3d-realms-acquired-by-rise-of-the-triad-developer/#comments Interceptor Entertainment, developer of the 2013 Rise of the Triad reboot, has acquired Apogee Software, who in turn owns the 3D Realms brand and formerly owned the Duke Nukem IP. The news was first reported by Danish newspaper Borsen, and confirmed on Twitter by Interceptor CEO Frederik Schreiber.

Apogee/3D Realms recently became embroiled in a legal battle with Gearbox Software, the current owners of Duke. It's not clear how the acquisition will impact the ongoing legal battle, but Schreiber noted that Interceptor will have an official statement tomorrow.
[Image: Apogee]

Joystiq3D Realms acquired by Rise of the Triad developer originally appeared on Joystiq on Sun, 02 Mar 2014 15:20:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3d-realmsacquisitionapogeeduke-nukemduke-nukem-forevergearboxgearbox-softwareinterceptorinterceptor-entertainmentlawsuitSun, 02 Mar 2014 15:20:00 EST<![CDATA[Report: EA requested college athlete likenesses prior to NCAA lawsuit]]>http://www.joystiq.com/2014/02/28/report-ea-requested-college-athlete-likenesses-prior-to-ncaa-la/http://www.joystiq.com/2014/02/28/report-ea-requested-college-athlete-likenesses-prior-to-ncaa-la/http://www.joystiq.com/2014/02/28/report-ea-requested-college-athlete-likenesses-prior-to-ncaa-la/#comments The NCAA reportedly considered licensing the names and likeness of student athletes to Electronic Arts for its college sports games before the publisher faced its class action suit led by Nebraska quarterback Sam Keller in May 2009. Documents from the ongoing Ed O'Bannon v. NCAA lawsuit reveal that EA sought to depict the athletes "just as they are shown on TV broadcasts" as of 2007, AL.com reported.

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

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

JoystiqReport: EA requested college athlete likenesses prior to NCAA lawsuit originally appeared on Joystiq on Fri, 28 Feb 2014 18:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>athletebasketballclass-actionclccollegecollege-basketballCollege-Footballcollegiate-licensing-companyEAEA-Sportsed-obannonElectronic-ArtsfootballlawsuitlicensinglikenessncaasettlementsportsFri, 28 Feb 2014 18:30:00 EST<![CDATA[Zynga IPO fraud lawsuit dismissed, plaintiffs plan to amend complaint]]>http://www.joystiq.com/2014/02/26/zynga-ipo-fraud-lawsuit-dismissed-plaintiffs-plan-to-amend-comp/http://www.joystiq.com/2014/02/26/zynga-ipo-fraud-lawsuit-dismissed-plaintiffs-plan-to-amend-comp/http://www.joystiq.com/2014/02/26/zynga-ipo-fraud-lawsuit-dismissed-plaintiffs-plan-to-amend-comp/#comments A US judge dismissed a lawsuit filed by shareholders against Zynga today. The lawsuit alleged that Zynga purposely misled shareholders about the financial state of the company, its active user count and potential business prospects in the run-up to, and after, Zynga's initial stock offering in late 2011.

US District Judge Jeffrey White said the 110-page complaint failed to offer "relevant, basic factual details" worthy of the indictment against Zynga, Reuters reports. White also threw out a complaint filed against Zynga's secondary stock offering in April 2012, citing the plaintiffs in the case had no standing due to the fact none of them had purchased any of that stock. White has given the plaintiffs an opportunity to amend their complaint and re-file.

Months after Zynga's initial public offering, the company was hit with an insider trading lawsuit. While all Zynga stock holders were "locked up" and prevented from selling their stock until May 28, 2012 - months after Zynga's IPO in December, 2011 - executives within Zynga's ranks used underwriters to sell their stock at $12 a share. This loophole allowed executives to profit from the stock, which made its debut at $10 a share but quickly fell. Currently, Zynga stock prices hover at $5.29 a share on the NASDAQ.
[Image: Zynga]

JoystiqZynga IPO fraud lawsuit dismissed, plaintiffs plan to amend complaint originally appeared on Joystiq on Wed, 26 Feb 2014 17:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androidiosipadiphoneipolawsuitmacmobilepcshareholdershareholderszyngaWed, 26 Feb 2014 17:30:00 EST<![CDATA[Interceptor CEO on Duke Nukem case: We 'acted in good faith']]>http://www.joystiq.com/2014/02/24/interceptor-ceo-on-duke-nukem-case-we-acted-in-good-faith/http://www.joystiq.com/2014/02/24/interceptor-ceo-on-duke-nukem-case-we-acted-in-good-faith/http://www.joystiq.com/2014/02/24/interceptor-ceo-on-duke-nukem-case-we-acted-in-good-faith/#comments Interceptor CEO Frederik Schreiber has acknowledged yesterday's surprise lawsuit between Gearbox Software, the current license holder of the Duke Nukem franchise, and 3D Realms and Interceptor, the two studios currently collaborating on top-down shooter Duke Nukem: Mass Destruction.

"We are aware of the lawsuit against 3D Realms and Interceptor," Interceptor CEO Frederik Schreiber told Game Informer. "It's an unfortunate situation, but we have acted in good faith and are working towards a resolution." 3D Realms has yet to comment on the situation.

The Duke Nukem license was purchased by Gearbox in 2010. Yesterday's filing claims 3D Realms "sought to privately convince others that the sale never happened."

This isn't the first time Gearbox and 3D Realms have gotten into a legal kerfuffle. After Gearbox purchased the Duke Nukem license and shipped Duke Nukem: Forever, 3D Realms sued over alleged unpaid royalties. A few months later, 3D Realms offered a public apology and dismissed the lawsuit.
[Image: Gearbox]

JoystiqInterceptor CEO on Duke Nukem case: We 'acted in good faith' originally appeared on Joystiq on Mon, 24 Feb 2014 20:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3d-realmsduke-nukemduke-nukem-foreverduke-nukem-mass-destructiongearboxinterceptorinterceptor-entertainmentlawsuitlegalMon, 24 Feb 2014 20:30:00 EST<![CDATA[Gearbox suing 3D Realms, Interceptor for 'unauthorized' Duke Nukem use]]>http://www.joystiq.com/2014/02/23/gearbox-suing-3d-realms-interceptor-for-unauthorized-duke-nuk/http://www.joystiq.com/2014/02/23/gearbox-suing-3d-realms-interceptor-for-unauthorized-duke-nuk/http://www.joystiq.com/2014/02/23/gearbox-suing-3d-realms-interceptor-for-unauthorized-duke-nuk/#comments Gearbox Software filed a lawsuit against 3D Realms (3DR) and Interceptor Entertainment, accusing the studios of unauthorized use of the Duke Nukem property and alleging violation of trademarks held by Gearbox. The lawsuit points to 3D Realms' recent reveal of Duke Nukem: Mass Destruction, which features a teaser site with a timer counting down to February 25.

"Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened," the complaint reads. "The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor."

Among the documents filed in the suit is a breach statement issued by Gearbox stating that 3D Realms infringed on Gearbox's intellectual property in addition to a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement. In a statement filed to Joystiq, Gearbox Software said, "As the filing shows, 3DR's wrongdoing is both admitted and unfortunate for everyone who cares about Duke Nukem."

3D Realms filed a lawsuit against Gearbox in June 2013 for alleged unpaid royalties for Duke Nukem Forever, and later issued a public apology and withdrawal of the lawsuit in September 2013. Gearbox took over the development of the game in September 2010 in addition to acquiring the rights to the brand from 3D Realms.
[Image: Gearbox Software]

JoystiqGearbox suing 3D Realms, Interceptor for 'unauthorized' Duke Nukem use originally appeared on Joystiq on Sun, 23 Feb 2014 01:03:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3d-realmscomplaintduke-nukemduke-nukem-foreverduke-nukem-mass-destructiongearboxgearbox-softwaregeorge-broussardinfringementintellectual-propertyinterceptor-entertainmentlawsuitscott-millerTrademarkSun, 23 Feb 2014 01:03:00 EST<![CDATA[Valve can restrict resale of digital games in Germany, court rules]]>http://www.joystiq.com/2014/02/07/valve-can-restrict-resale-of-digital-games-in-germany-court-rul/http://www.joystiq.com/2014/02/07/valve-can-restrict-resale-of-digital-games-in-germany-court-rul/http://www.joystiq.com/2014/02/07/valve-can-restrict-resale-of-digital-games-in-germany-court-rul/#comments ​The Regional Court of Berlin has dismissed a lawsuit from the German consumer organization VZBV against Valve, for now granting Valve the authority to prevent Steam users from reselling their libraries of digital games. Business as usual, that is.

In September 2012, VZBV brought a desist letter against Valve, asking that the company (among other things), allow users to resell their "used" digital game accounts, in accordance with a Court of Justice of the European Union ruling made in July 2012 preventing authors from opposing resale of their digital software. Valve had until October 10, 2012, to respond to the desist letter, or the VZBV would bring about a lawsuit - Valve didn't change its policies, and the lawsuit moved forward.

The VZBV argues digital games fall under the doctrine of exhaustion, which dictates that copyright owners have limited ability to control individual copies of their products once those items have been distributed.

"A second case dealing with the precise copyright status of video games (coming, incidentally, from Germany) is currently still before the European judges, so the case law on this issue must be considered in flux," legal team Osborne Clarke writes. "But at least for the moment, it looks like digitally distributed video games are not subject to exhaustion in Europe."

This was the VZBV's second lawsuit against Valve and its digital resale restrictions. The first lawsuit made it to Germany's highest civil court, the Federal Court of Justice, but was dismissed in 2010.
[Image: Valve]

JoystiqValve can restrict resale of digital games in Germany, court rules originally appeared on Joystiq on Fri, 07 Feb 2014 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>digital-distributionEUeuropeEuropean-UniongermanylawsuitmacpcSTEAMused-gamesvalveFri, 07 Feb 2014 14:00:00 EST<![CDATA[Judge overturns ruling in John Madden Football designer's case]]>http://www.joystiq.com/2014/01/24/judge-overturns-ruling-in-john-madden-football-designers-case/http://www.joystiq.com/2014/01/24/judge-overturns-ruling-in-john-madden-football-designers-case/http://www.joystiq.com/2014/01/24/judge-overturns-ruling-in-john-madden-football-designers-case/#comments Despite winning his case against Electronic Arts back in July, John Madden Football designer Robin Antonick will not see his promised $11 million. The San Francisco Chronicles reports US district judge Charles Breyer has overturned that ruling.

Breyer said there was no clear evidence that Antonick's work had been copied by EA without his permission. Breyer added that jurors in the original ruling weren't shown Antonick's game alongside EA's subsequent efforts, as the law requires in copyright infringement disputes, and therefore were unable to make a proper evaluation. Antonick's lawyer Robert Carey said they plan to appeal Breyer's new ruling, of course, and added that evidence showed EA "used his source code without permission."

Antonick first filed suit against EA back in 2011. The original John Madden Football launched in 1988 on the C64, Apple 2 and on MS-DOS. The modern incarnation of the series is one of EA's most successful franchises. Antonick is currently working on a basketball game called Grudge Match.

JoystiqJudge overturns ruling in John Madden Football designer's case originally appeared on Joystiq on Fri, 24 Jan 2014 16:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>eaelectronic-artsjohn-madden-footballlawsuitrobin-antonickroyaltiestrip-hawkinsFri, 24 Jan 2014 16:00:00 EST<![CDATA[Nintendo wins Wii peripheral lawsuit, obtains suing company's patent portfolio]]>http://www.joystiq.com/2014/01/09/nintendo-wins-wii-peripheral-lawsuit-obtains-suing-companys-pa/http://www.joystiq.com/2014/01/09/nintendo-wins-wii-peripheral-lawsuit-obtains-suing-companys-pa/http://www.joystiq.com/2014/01/09/nintendo-wins-wii-peripheral-lawsuit-obtains-suing-companys-pa/#comments Nintendo has obtained the entire patent portfolio of exergaming company InterAction Laboratories (a.k.a. IA Labs) following an unsuccessful 2010 lawsuit alleging that Nintendo's Wii and its peripherals infringed on IA's patents.

A trial court ruled in favor of Nintendo in 2012, ordering IA Labs to pay Nintendo's legal defense fees as a result. IA Labs lost a subsequent appeal last year, leading to a sheriff's sale of its assets when the company was unable to reimburse Nintendo's court costs. Nintendo then purchased IA Labs' remaining assets and patent portfolio during the sale, closing off the potential for further claims and lawsuits.

While Nintendo won this particular patent battle, a federal judge recently ruled in favor of Tomita Technologies International in a lawsuit over Nintendo's patent-infringing use of its glasses-free 3D technology. Nintendo was ordered to pay a percentage of revenue earned from 3DS hardware sales to Tomita as a result of the suit.

JoystiqNintendo wins Wii peripheral lawsuit, obtains suing company's patent portfolio originally appeared on Joystiq on Thu, 09 Jan 2014 15:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ia-labsinteraction-laboratorieslawsuitlegalnintendopatentpatent-infringementwiiThu, 09 Jan 2014 15:30:00 EST<![CDATA[EA wants your opinion on Battlefield 4]]>http://www.joystiq.com/2014/01/06/ea-wants-your-opinion-on-battlefield-4/http://www.joystiq.com/2014/01/06/ea-wants-your-opinion-on-battlefield-4/http://www.joystiq.com/2014/01/06/ea-wants-your-opinion-on-battlefield-4/#comments Whether you love Battlefield 4 or despise its constant crashes and tendency to lose save files, EA wants to hear from you.

The publisher has issued a survey to members of the Battlefield 4 community which first asks players to rate the likelihood that they would recommend Battlefield 4 to a friend, then asks for a short, personalized review of the open-world, first-person shooter. There's no tangible reward for participation, though given the number of vocal Battlefield 4 detractors we've seen since the game's October debut, the chance to release all of that anger directly at the people responsible for the game should prove tempting by itself.

Despite this attempt by EA to take the pulse of its community, Battlefield 4 remains less than functional. The game's ongoing stability issues have improved since launch, but crashes and failures to connect to servers remain common. As a result of these problems, EA now finds itself the target of two class-action lawsuits alleging the publisher convinced players to purchase the unfinished game by filling its marketing materials with false and misleading information.

JoystiqEA wants your opinion on Battlefield 4 originally appeared on Joystiq on Mon, 06 Jan 2014 15:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>battlefield-4bugscrashDICEealawsuitlegalmicrosoftpcplaystationps3ps4surveyxboxxbox-oneMon, 06 Jan 2014 15:30:00 EST