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 2012 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Lawsuit alleging copyright infringement in Assassin's Creed dropped, Gametrailers settles]]>http://www.joystiq.com/2012/05/29/lawsuit-alleging-copyright-infringement-in-assassins-creed-drop/http://www.joystiq.com/2012/05/29/lawsuit-alleging-copyright-infringement-in-assassins-creed-drop/http://www.joystiq.com/2012/05/29/lawsuit-alleging-copyright-infringement-in-assassins-creed-drop/#comments ImageNovelist John Beiswenger has dropped the lawsuit against Ubisoft, in which he alleged the Assassin's Creed universe stole ideas from one of his books, Link. Gametrailers, whom Beiswenger sued in the same case, settled with the author on May 18 under undisclosed terms.

Beiswenger voluntarily dismissed all action against Ubisoft before any formal adjudication on the validity of his claims could begin - the Internet made up its mind about his claims a while ago. Beiswenger has dropped the case, citing the expense of federal litigation:

"I filed the Complaint and Motion for Preliminary Injunction in federal court because I believe authors should vigorously defend their rights in their creative works; otherwise, the laws protecting them simply have no purpose," Beiswenger's official statement reads. "Regrettably, the resources required to defend those rights are unavailable to many individual creators. As a result, rampant infringement is occurring with impunity."

Beiswenger was seeking $5.25 million in damages and the potential cessation of all Assassin's Creed endeavors, including the third game currently due out in October. Beiswenger filed the dismissal "without prejudice," meaning he can pick up the claims and the case again in the future.

If he ever does, we don't think Ubisoft will sweat it too much; the Internet has already done most of the debunking already, unless Beiswenger can somehow prove that he owns the rights to "spiritual and biblical tones" or "assassinations."

Continue reading Lawsuit alleging copyright infringement in Assassin's Creed dropped, Gametrailers settles

JoystiqLawsuit alleging copyright infringement in Assassin's Creed dropped, Gametrailers settles originally appeared on Joystiq on Tue, 29 May 2012 20:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>assassins-creed-3bookscasegametrailersjohn-beiswengerlawsuitmicrosoftnintendonovelistpcplaystationps3suedUbisoftwii-uxboxTue, 29 May 2012 20:40:00 EST<![CDATA[Activision paid Infinity Ward over $493 million in bonuses since 2003]]>http://www.joystiq.com/2012/05/27/activision-paid-infinity-ward-over-493-million-in-bonuses-since/http://www.joystiq.com/2012/05/27/activision-paid-infinity-ward-over-493-million-in-bonuses-since/http://www.joystiq.com/2012/05/27/activision-paid-infinity-ward-over-493-million-in-bonuses-since/#comments Hard numbers are starting to come out of the Activision v. Infinity Ward case as things continue to ramp up towards the actual trial, which is currently slated to take place next month. Specifically, Activision revealed during a hearing last Friday that it has paid out in excess of $493 million in bonuses to Infinity Ward, a figure that includes the $42 million payout that occurred earlier this month, according to Polygon.

That $439 million encompasses all bonuses paid out to Infinity Ward since the original Call of Duty launched in 2003. To date, IW has been granted bonuses for games it was directly involved with as a studio, as well as games that used its tech and the Call of Duty IP, like the Treyarch-developed Call of Duty: World at War.

Attorneys for former IW heads Vince Zampella and Jason West argued that the ex-Infinity Ward employee group is also owed its share of "launch quarter" bonuses from the release of Black Ops and Modern Warfare 3, a point that Activision obviously disagrees with.

JoystiqActivision paid Infinity Ward over $493 million in bonuses since 2003 originally appeared on Joystiq on Sun, 27 May 2012 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionCall-of-Dutycall-of-duty-modern-warfare-3Infinity-WardJason-Westlawsuitlegalmicrosoftmodern-warfare-3pcplaystationps3TreyarchVince-ZampellaxboxSun, 27 May 2012 16:30:00 EST<![CDATA[West and Zampella on Activision lawsuit and 'Project Icebreaker']]>http://www.joystiq.com/2012/05/25/west-and-zampella-on-activision-lawsuit-and-project-icebreaker/http://www.joystiq.com/2012/05/25/west-and-zampella-on-activision-lawsuit-and-project-icebreaker/http://www.joystiq.com/2012/05/25/west-and-zampella-on-activision-lawsuit-and-project-icebreaker/#comments Jason West and Vince Zampella have lived with their impending lawsuits from (and against) Activision to be bemused about the whole thing. "[Activision] said, 'He orchestrated his own ­firing' - I will never forget that," said West in a Game Informer interview, prompting Zampella to add "We're geniuses, apparently."

According to the pair's attorney Robert Schwartz, Activision's claim against them stems around an "expert's" determination that Modern Warfare 3 would have been a bigger moneymaker had they and the rest of the now-absent Infinity Ward team been present to work on it; instead of having been fired by Activision (a state that the two allegedly 'orchestrated'.)

Schwartz corroborated reports of a "Project Icebreaker" at Activision designed to secretly scour their computers for evidence that would support a firing. "Do you know who George Rose is? He was the head lawyer ­for ­[Activision]," Schwartz said.

"So George Rose goes into the office of this guy named Thomas Fenady. He's some kind of IT whiz at Activision." According to Schwartz, Rose asked Fenady, under the auspices of CEO Bobby Kotick, to "break into [West and Zampella's] computers and dig up dirt to be used to justify firing them." Schwartz added that Fenady "testified to this."

We'll have to wait to see how this insanity plays out in court; the trial was delayed to around June 1.

JoystiqWest and Zampella on Activision lawsuit and 'Project Icebreaker' originally appeared on Joystiq on Fri, 25 May 2012 12:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>call-of-duty-modern-warfare-3dsinfinity-wardjason-westlawsuitmicrosoftmodern-warfare-3nintendopcplaystationps3respawn-entertainmentvince-zampellaxboxFri, 25 May 2012 12:00:00 EST<![CDATA[Konami and Autumn Games sued for fraud over $15 million Def Jam Rapstar loan]]>http://www.joystiq.com/2012/05/24/konami-and-autumn-games-sued-for-fraud-over-15-million-def-jam/http://www.joystiq.com/2012/05/24/konami-and-autumn-games-sued-for-fraud-over-15-million-def-jam/http://www.joystiq.com/2012/05/24/konami-and-autumn-games-sued-for-fraud-over-15-million-def-jam/#comments ImageCity National Bank has sued Konami and Autumn Games for millions over allegations of fraud. Courthouse News reports the bank hasn't received any return on a $15 million line of credit it approved to the defendants, and in court documents claims the financial conditions of Autumn and Konami "were false at the time they were made and that defendants never had any intention of repaying the loan as promised."

"Rather than paying game-related proceeds directly to CNB as agreed, defendant have kept all game-related proceeds for themselves and have refused to remit any such proceeds to CNB."

City National Bank is seeking over $8.9 million in damages for "fraud, negligent misrepresentation, breach of contract, breach of covenant of good faith and fair dealing, money had and received, unjust enrichment, recovery of personal property, and punitive damages."

This isn't the first lawsuit the game has spawned. In March, EMI Music Group filed suit against Def Jam Rapstar creators 4mm Games and Terminal Reality, claiming the game contains unlicensed tracks by several artists.

JoystiqKonami and Autumn Games sued for fraud over $15 million Def Jam Rapstar loan originally appeared on Joystiq on Thu, 24 May 2012 10:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>autumn-gamesCity-National-BankDef-Jam-Rapstarfraudkonamilawsuitmicrosoftplaystationps3xboxThu, 24 May 2012 10:40:00 EST<![CDATA[Lawsuit outs West and Zampella's salaries, bonuses at Infinity Ward: Projected $13M bonus in 2010]]>http://www.joystiq.com/2012/05/22/lawsuit-outs-west-and-zampellas-salaries-bonuses-at-infinity-w/http://www.joystiq.com/2012/05/22/lawsuit-outs-west-and-zampellas-salaries-bonuses-at-infinity-w/http://www.joystiq.com/2012/05/22/lawsuit-outs-west-and-zampellas-salaries-bonuses-at-infinity-w/#comments ImageFormer Infinity Ward studio heads Jason West and Vince Zampella had projected salaries of $420,000 in 2009, with projected bonuses of more than $3 million each, emails between Activision bosses in 2009 show.

The spreadsheet lists the expected salaries of the top 20 Infinity Ward employees in 2009 and 2010. The 18 remaining employees -- the bulk including software engineers and game designers -- had projected salaries between $71,500 and $173,000. The seven employees under West and Zampella each expected a bonus of $603,000, while staffers seeing the lowest percentage of the bonus pool (1.5 percent) had a projected $278,000.

In 2010, the year Activision fired West and Zampella, they were each expected to earn $437,000, with projected bonuses of $13 million each. The rest of the top 20's projected salaries and bonuses rose accordingly, with salaries between $74,000 and $180,000, and bonuses ranging from $1.4 million to $2.5 million.

"If you recently worked on a hit FPS, read this and see how incredibly underpaid you are," ngmoco general manager Benjamin Cousins tweeted about the documents.

The emails were released into public record in the lawsuit between the Infinity Ward Employee Group and Activision; West and Zampella sued Activision in 2010 claiming they were owed $36 million in royalties associated with Modern Warfare 2, after Activision fired them earlier that year. West and Zampella now claim $1 billion in damages and the case is set for trial May 29.

JoystiqLawsuit outs West and Zampella's salaries, bonuses at Infinity Ward: Projected $13M bonus in 2010 originally appeared on Joystiq on Tue, 22 May 2012 19:55:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ActivisionbonusInfinity-Wardinfinity-ward-employee-grouplawsuitmicrosoftModern-Warfare-2pcplaystationps3salariessalaryxboxTue, 22 May 2012 19:55:00 EST<![CDATA[Silicon Knights entitled to $1 per claim if it wins court case against Epic Games]]>http://www.joystiq.com/2012/05/22/silicon-knights-entitled-to-1-per-claim-if-it-wins-court-case-a/http://www.joystiq.com/2012/05/22/silicon-knights-entitled-to-1-per-claim-if-it-wins-court-case-a/http://www.joystiq.com/2012/05/22/silicon-knights-entitled-to-1-per-claim-if-it-wins-court-case-a/#comments ImageSilicon Knights will be entitled to $1 in damages, per claim, if it wins a court case against Epic Games over inadequacies in the support of its Unreal Engine. Silicon Knights first sued Epic in 2007, alleging Epic didn't fulfill the promised delivery time or expectations of Unreal Engine 3, forcing Silicon Knights to build its own engine for the production of Too Human.

Silicon Knights didn't provide a breakdown of the damages it sought, and the judge assigned his own value of $1 per claim, Polygon reports. If Silicon Knights wins the case, it will be able to appeal how the value was chosen and perhaps raise it to a figure that can't be found on neighborhood lemonade-stand signs.

The case is in court this month and is expected to run for another week.

JoystiqSilicon Knights entitled to $1 per claim if it wins court case against Epic Games originally appeared on Joystiq on Tue, 22 May 2012 02:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Epic-Gameslawsuitmicrosoftsilicon-knightstoo-humanUnrealunreal-engine-3xboxTue, 22 May 2012 02:00:00 EST<![CDATA[Former NCAA athletes' lawsuit against EA is so on]]>http://www.joystiq.com/2012/05/18/former-ncaa-athletes-lawsuit-against-ea-is-so-on/http://www.joystiq.com/2012/05/18/former-ncaa-athletes-lawsuit-against-ea-is-so-on/http://www.joystiq.com/2012/05/18/former-ncaa-athletes-lawsuit-against-ea-is-so-on/#comments ImageEA's request to dismiss a class action lawsuit from former NCAA athletes has been denied, meaning the trial will movie forward and EA stands to lose more than $1 billion if found at fault.

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

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

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

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

Permalink | Email this | Comments]]>athletesclccollegedsEAElectronic-Artslawsuitlegalmadden-nfl-12microsoftncaanintendoplaystationps3pspsonysuewiixboxFri, 18 May 2012 19:45:00 EST<![CDATA[NovaLogic sues Activision over use of 'Delta Force']]>http://www.joystiq.com/2012/05/17/novalogic-sues-activision-over-use-of-delta-force/http://www.joystiq.com/2012/05/17/novalogic-sues-activision-over-use-of-delta-force/http://www.joystiq.com/2012/05/17/novalogic-sues-activision-over-use-of-delta-force/#comments ImageNovaLogic, the developer behind 1998's PC FPS Delta Force and its subsequent sequels, has filed suit against Activision over the inclusion of its own "Delta Force" in Modern Warfare 3. As you can see in the tastefully photoshopped comparison image above, Acti's Delta Force logo (right) bears a striking resemblance to NovaLogic's - additionally, NovaLogic owns a trademark on the words "DELTA FORCE."

"Despite Activision's irrefutable knowledge of NovaLogic's superior trademark rights," reads the complain, "Activision created knockoff marks that are nearly identical [to] NovaLogic's design and word marks. Activision then shamelessly inserted these infringing marks throughout its competing first person military adventure video games." The complaint also makes reference to the various Modern Warfare 3-branded headsets, Xboxen and strategy guides in production that feature Activision's Delta Force logo.

Both NovaLogic and Activision's fictional Delta Force teams are based on the 1st Special Forces Operational Detachment-Delta, a counter-terrorism branch of the United States military. NovaLogic claims that Activision's inclusion of a Delta Force in MW3 has caused NovaLogic to lose millions, and that if "infringing practices are not discontinued quickly, it is likely that the damage to NovaLogic will grow exponentially, causing more confusion in the market place, and to the reputation for quality that NovaLogic has worked so hard to establish." The lawsuit seeks unspecified damages and also calls for an injunction to protect against further trademark infringement.

JoystiqNovaLogic sues Activision over use of 'Delta Force' originally appeared on Joystiq on Thu, 17 May 2012 00:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Activisioncall-of-duty-modern-warfare-3delta-forcelawlawsuitlegalmodern-warfare-3NovaLogicThu, 17 May 2012 00:00:00 EST<![CDATA[EA and Activision settle in Call of Duty lawsuit]]>http://www.joystiq.com/2012/05/16/ea-and-activision-settle-in-call-of-duty-lawsuit/http://www.joystiq.com/2012/05/16/ea-and-activision-settle-in-call-of-duty-lawsuit/http://www.joystiq.com/2012/05/16/ea-and-activision-settle-in-call-of-duty-lawsuit/#comments ImageEA and Activision have reached a settlement in a lawsuit that began two years ago, pertaining to the departure of Infinity Ward heads Jason West and Vince Zampella. EA had been accused of secretly recruiting the pair while they were still at Activision.

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

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

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

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

No joke.

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

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

JoystiqEA and Activision settle in Call of Duty lawsuit originally appeared on Joystiq on Wed, 16 May 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ActivisionEAElectronic-ArtsInfinity-WardlawsuitmicrosoftModern-Warfare-2pcplaystationps3xboxWed, 16 May 2012 21:00:00 EST<![CDATA[Activision pays $42 million to Infinity Ward Employee Group]]>http://www.joystiq.com/2012/05/15/activision-pays-42-million-to-infinity-ward-employee-group/http://www.joystiq.com/2012/05/15/activision-pays-42-million-to-infinity-ward-employee-group/http://www.joystiq.com/2012/05/15/activision-pays-42-million-to-infinity-ward-employee-group/#comments Activision has paid out $42 million to the "Infinity Ward Employee Group," which sued Activision in 2010 seeking profits from Modern Warfare 2. A source speaking to Polygon said that the payment was not a settlement; rather, Activision's discovery phase (for its own lawsuit against former Infinity Ward leads Jason West and Vince Zampella) found no evidence that the Employee Group members were complicit in the breach-of-contract issues for which Activision is suing, and so Bobby Kotick and Activision agreed to pay them.

That group sought $75 million to $125 million, plus punitive damages. IWEG attorney Bruce Isaacs told Polygon that "although it is a meaningful payment it is only a small portion of what we are seeking in litigation." And it is still going forward with said litigation. Isaacs said the payment was a "cynical attempt to look good before the jury trial."

JoystiqActivision pays $42 million to Infinity Ward Employee Group originally appeared on Joystiq on Tue, 15 May 2012 09:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>dsinfinity-wardinfinity-ward-employee-grouplawsuitmicrosoftModern-Warfare-2nintendopcplaystationps3wiixboxTue, 15 May 2012 09:30:00 EST<![CDATA[Gate Five's lawsuit against Beyonce going to court]]>http://www.joystiq.com/2012/05/12/gate-fives-lawsuit-against-beyonce-going-to-court/http://www.joystiq.com/2012/05/12/gate-fives-lawsuit-against-beyonce-going-to-court/http://www.joystiq.com/2012/05/12/gate-fives-lawsuit-against-beyonce-going-to-court/#comments Manhattan judge Charles Ramos has ruled that Gate Five's lawsuit against Beyonce Knowles is sufficiently jelly prepared, and as such will be heading to court at some unspecified date in the future. Justice Ramos agreed with Gate Five's assertion that Beyonce did not give proper notice before backing out of the deal: "You continue to negotiate right up until the time you pull the plug," Ramos said as he addressed Beyonce's lawyers, according to the New York Post. "That is not going to work with me."

As you'll recall, Gate Five's lawsuit purports that Beyonce was in breach of contract when she backed out of a deal to lend her likeness to Starpower: Beyonce, and that her departure from the project directly resulted in the firings of 70 employees. Beyonce's attorneys attest that Gate Five did not have funding in place for Starpower: Beyonce's development, but Gate Five maintains that Beyonce was aware of an impending agreement with unnamed financiers scheduled to take place on December 6, 2010 - just three days after Beyonce bounced.

Gate Five's lawsuit seeks damages in excess of $100 million; $6.7 million in investment capitol and $100 million in hypothetical Starpower: Beyonce profits. Honestly, Gate Five should have known something was up when Beyonce didn't put a ring on it.

JoystiqGate Five's lawsuit against Beyonce going to court originally appeared on Joystiq on Sat, 12 May 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>beyoncebeyonce-knowlesgate-fivelawsuitlegalstarpower-beyoncesuedSat, 12 May 2012 21:00:00 EST<![CDATA[Zynga sues French publisher Kojobo over 'PyramidVille']]>http://www.joystiq.com/2012/05/12/zynga-sues-french-publisher-kojobo-over-pyramidville/http://www.joystiq.com/2012/05/12/zynga-sues-french-publisher-kojobo-over-pyramidville/http://www.joystiq.com/2012/05/12/zynga-sues-french-publisher-kojobo-over-pyramidville/#comments ImageIn its continuing efforts to secure unwavering dominion over the suffix "ville," Zynga has filed suit against French publisher Kojobo over the name of its strikingly familiar-looking Facebook game PyramidVille.

As you'd imagine, the complaint has a hell of a lot to do with Kojobo's usage of "ville," with Zynga arguing that "Facebook users are likely to believe, erroneously, that PyramidVille is a member of Zynga's 'ville Family of Games," according to the complaint. Zynga hopes that its aggressive promotion of Farmville and Castleville will outweigh the fact that it doesn't actually own a trademark on the suffix.

"Given Kojobo's refusal to change their game name, legal action was necessary to defend our famous marks and prevent player confusion," Zynga said in a statement to Reuters. The San Francisco-based publisher seeks damages totaling three times the amount of profit accrued by PyramidVille since its release in 2011.

JoystiqZynga sues French publisher Kojobo over 'PyramidVille' originally appeared on Joystiq on Sat, 12 May 2012 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>KobojolawsuitlegalmacpcPyramidVilleZyngaSat, 12 May 2012 18:00:00 EST<![CDATA[Novelist suing over Assassin's Creed has his lawyer respond to gamer rage]]>http://www.joystiq.com/2012/05/09/novelist-suing-over-assassins-creed-has-his-lawyer-respond-to-g/http://www.joystiq.com/2012/05/09/novelist-suing-over-assassins-creed-has-his-lawyer-respond-to-g/http://www.joystiq.com/2012/05/09/novelist-suing-over-assassins-creed-has-his-lawyer-respond-to-g/#comments ImageAuthor John Beiswenger poked the sleeping dragon that is the Internet when he filed a lawsuit against Ubisoft, claiming the Assassin's Creed franchise infringes on copyrights in his novel, Link. Namely, Beiswenger says Assassin's Creed stole themes such as "assassinations," "spiritual and biblical tones" and a battle between good and evil from Link, which was published five years prior to the first Assassin's Creed title.

Beiswenger is seeking up to $5.25 million in damages. The lawsuit could also delay the release of Assassin's Creed 3, a fact that wiped the grins from many a gamer's face and set a few (hundred) to review-bombing Beiswenger's Amazon pages.

Beiswenger's lawyer, Kelley Keller, has now responded to Eurogamer on the negative reaction and her client's claims:
"We understand that many gamers are upset about the litigation and potential for delay in the release of the next Assassin's Creed video game, and as a result of that anger have been posting negative comments on Amazon - and other forums - about our client and his novel Link. However, copyright laws exist to protect authors and creators from others who copy or create works that are, under the law, substantially similar; failure to enforce copyright laws renders them meaningless.

"The Amazon 'bombing,' storm of negative comments and threats to our client have no bearing on the appropriateness, merits or outcome of this suit. They have no material effect on the legal claims."
Keller says she believes the similarities in Link and Assassin's Creed are more than coincidence and that despite the five-year delay in filing charges, the lawsuit was brought within an applicable time period.

We don't know about you guys, but the only applicable time periods we see here are the American Revolution, and October 2012.

JoystiqNovelist suing over Assassin's Creed has his lawyer respond to gamer rage originally appeared on Joystiq on Wed, 09 May 2012 19:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>assassins-creed-3authorcopyrightjohn-beiswengerlawsuitlawyermicrosoftnovelistpcplaystationps3sueUbisoftxboxWed, 09 May 2012 19:15:00 EST<![CDATA[Motorola granted injunction against Xbox 360 sales in Germany, not as dramatic as it sounds]]>http://www.joystiq.com/2012/05/03/motorola-granted-injunction-against-xbox-360-sales-in-germany-n/http://www.joystiq.com/2012/05/03/motorola-granted-injunction-against-xbox-360-sales-in-germany-n/http://www.joystiq.com/2012/05/03/motorola-granted-injunction-against-xbox-360-sales-in-germany-n/#comments ImageA German court has granted Motorola Mobility an injunction against the sale and/or distribution of the Xbox 360 in Germany, as well as copies of Windows 7, Internet Explorer and Windows Media Player, following a ruling that some of Microsoft's products violate patents that pertain to the H.264 video codec and are held by Motorola.

Were Motorola to enforce this injunction, it would mean that Microsoft would lose the ability to sell its flagship products in Deutschland until the matter of Motorola's patents is settled, which would be a Very Big Deal[TM]. Thing is, though, Motorola is currently prohibited from enforcing the injunction due to a restraining order issued by an American judge in Seattle.

Microsoft argued that Motorola is abusing its "Frand-commitments," which are essentially a pinky swear that a massive company makes to the world when it is in possession of a universally required piece of technology, wherein it commits to providing licenses for said technology at "fair, reasonable and non-discriminatory" rates. Microsoft says that Motorola's asking price goes beyond fair and reasonable, so the judge issued the restraining order to prevent the injunction from happening until the case can be heard, which is currently scheduled to happen on May 7.

Meanwhile, Microsoft is also appealing the German court's decision, and thanks to the restraining order from the American judge, it'll be able to conduct business as usual during that process. Patent infringement cases like this are all about applying pressure on both sides until one of the companies involved cracks, so we doubt that Motorola ever actually expected that it'd be able to enforce a successful injunction. The fact that it happened at all, however, despite being nullified, adds another layer of trouble and stress to Microsoft's half of the situation.

It's a lot like vs. Dr. Mario, but with slightly more money involved.

JoystiqMotorola granted injunction against Xbox 360 sales in Germany, not as dramatic as it sounds originally appeared on Joystiq on Thu, 03 May 2012 14:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>germanyh-264injunctionlawlawsuitlegalmicrosoftMotorolaMotorola-MobilitypatentpcxboxThu, 03 May 2012 14:45:00 EST<![CDATA[Facebook under fire over virtual currency architecture; lawsuit seeks $5 million]]>http://www.joystiq.com/2012/04/21/facebook-under-fire-over-virtual-currency-architecture-lawsuit/http://www.joystiq.com/2012/04/21/facebook-under-fire-over-virtual-currency-architecture-lawsuit/http://www.joystiq.com/2012/04/21/facebook-under-fire-over-virtual-currency-architecture-lawsuit/#comments Glynnis Bohannon is none too happy with Facebook right now. She argues her son - who purchased Facebook Credits for use in social games - did not know he was spending real-world money, and is looking for a refund. She's also trying to get Facebook to give back money to all the minors in the US who had laid down cash, and is looking for funds exceeding $5 million, court documents show.

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

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

Permalink | Email this | Comments]]>class-actionclass-action-lawsuitfacebookfacebook-creditslawsuitmobilepcSat, 21 Apr 2012 02:30:00 EST<![CDATA[Ubisoft, Gametrailers sued in Assassin's Creed copyright infringement case]]>http://www.joystiq.com/2012/04/18/ubisoft-gametrailers-sued-in-assassins-creed-copyright-infring/http://www.joystiq.com/2012/04/18/ubisoft-gametrailers-sued-in-assassins-creed-copyright-infring/http://www.joystiq.com/2012/04/18/ubisoft-gametrailers-sued-in-assassins-creed-copyright-infring/#comments ImageAmerican author John Beiswenger has filed a copyright infringement lawsuit against Ubisoft and Gametrailers that claims the Assassin's Creed franchise stole core ideas from Beiswenger's novel, Link. Link was published in 2002 and the first Assassin's Creed game dropped in 2007.

Beiswenger claims the Animus in Assassin's Creed is a direct copy of his Link device, which allows users to access ancestral memories and relive specific moments in history, much as the Animus does. Beiswenger says his novel discusses "assassinations" and has "spiritual and biblical tones" also found in Assassin's Creed. And then there's the battle between good and evil that Beiswenger says Assassin's Creed stole right from the pages of Link.

Beiswenger is suing Gametrailers for the Assassin's Creed trailers that he says infringe on the same Link copyright. There are 11 counts against Ubisoft and Gametrailers in total, and only most of them made us laugh.

Beiswenger is seeking up to $5.25 million in damages and a cessation of further copyright infringement. We're pretty sure that second part is already happening, so perhaps Beiswenger will get something out of all this paperwork after all.

JoystiqUbisoft, Gametrailers sued in Assassin's Creed copyright infringement case originally appeared on Joystiq on Wed, 18 Apr 2012 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>animusAssassins-Creedassassins-creed-revelationscopyrightcopyright-infringementgametrailerslawsuitlinkmicrosoftnintendopcplaystationps3sueUbisoftwii-uxboxWed, 18 Apr 2012 14:30:00 EST<![CDATA[Game on: NFL likeness lawsuit against EA moving forward]]>http://www.joystiq.com/2012/03/31/game-on-nfl-likeness-lawsuit-against-ea-moving-forward/http://www.joystiq.com/2012/03/31/game-on-nfl-likeness-lawsuit-against-ea-moving-forward/http://www.joystiq.com/2012/03/31/game-on-nfl-likeness-lawsuit-against-ea-moving-forward/#comments A motion filed by EA to dismiss a class-action lawsuit filed against it by 6,000 retired NFL players has failed, reports Gamasutra. As you'll recall, the players that filed the suit claimed that their likenesses were used in Madden 09 without permission or compensation. While the player's names and numbers were changed, vital and identifiable statistics were left unchanged.

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

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

Permalink | Email this | Comments]]>class-actionClass-actionLawsuitdsEAlawlawsuitlegalMadden-09Madden-NFL-09microsoftnintendoplaystationps3pspsonywiixboxSat, 31 Mar 2012 14:00:00 EST<![CDATA[EMI sues Def Jam Rapstar creators]]>http://www.joystiq.com/2012/03/31/emi-sues-def-jam-rapstar-creators/http://www.joystiq.com/2012/03/31/emi-sues-def-jam-rapstar-creators/http://www.joystiq.com/2012/03/31/emi-sues-def-jam-rapstar-creators/#comments EMI Music Group has filed a suit against Def Jam Rapstar creators 4mm Games and Terminal Reality, claiming the game contains unlicensed tracks from Kanye West, Lil Wayne, DMX and more, and uses unlicensed compositions from DJ Khaled, MIMS and Daft Punk.

According to statements given to The Hollywood Reporter, EMI demanded royalties from the game makers but never received a response. EMI is looking for compensation on 54 songs from Def Jam Rapstar's total tracklist, and with EMI looking for upwards of $150,000 for each "infringement" that total tab is looking mighty steep. In the worst case, that brings us to total of $8.1 million.

The karaoke aspect of Def Jam Rapstar, and its online video-sharing capabilities, also make this dispute trickier, since EMI owns the rights to display, publicly perform and distribute these songs. Please excuse us while we try to get Richard a good lawyer in case EMI targets us next.

JoystiqEMI sues Def Jam Rapstar creators originally appeared on Joystiq on Sat, 31 Mar 2012 01:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>4mm-gamesdaft-punkDef-Jam-Rapstardj-khaleddmxemiemi-musicemi-music-groupkanye-westkonamilawsuitlil-waynemicrosoftmimsplaystationps3sueterminal-realityxboxSat, 31 Mar 2012 01:30:00 EST<![CDATA[Timegate wins arbitration dispute against SouthPeak]]>http://www.joystiq.com/2012/03/28/timegate-wins-arbitration-dispute-against-southpeak/http://www.joystiq.com/2012/03/28/timegate-wins-arbitration-dispute-against-southpeak/http://www.joystiq.com/2012/03/28/timegate-wins-arbitration-dispute-against-southpeak/#comments Texas district Judge Keith Ellison has invalided an arbitrator's ruling that ordered Section 8 developer Timegate to repay the game's publisher, SouthPeak, $7.3 million in allegedly misused development funds. The ruling also rewrote Timegate's publishing contract with SouthPeak, granting SouthPeak a permanent license for Section 8's IP and its sequels.

The arbitrator's decision was thrown out on the grounds that the rewritten publishing contract did not match the intent of the original document. Arbitrators are allowed to rewrite legally binding agreements, but only so long as the resulting agreement matches the spirit of the original document. Timegate and SouthPeak's original publishing agreement was very clear that Timegate would retain all IP rights for the brand -- changing this was beyond the scope of the original contract's intent and was therefore inappropriate.

This all started back in the neolithic caveman days of 2009, when Timegate sued SouthPeak, claiming that the publisher had altered revenue reports in order to retain royalties meant for Timegate, which is embezzlement.

SouthPeak countersued, claiming that Timegate fraudulently misrepresented itself in order to convince SouthPeak (which acquired original Section 8 publisher Gamecock) to enter into the publishing agreement. It also claimed that Section 8's lackluster retail performance was solely Timegate's fault, and that Timegate had failed to contribute a required $2.5 million in development funds, misused the $7.5 million in development funds provided by SouthPeak, and failed to give SouthPeak revenue from Section 8's PC sequel and PS3 port.

This tale is likely far from over, however, as SouthPeak still has the ability to appeal Judge Ellison's ruling.

JoystiqTimegate wins arbitration dispute against SouthPeak originally appeared on Joystiq on Wed, 28 Mar 2012 22:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>arbitrationlawlawsuitlegalmicrosoftpcplaystationps3Section-8southpeaktimegateTimeGate-StudiosxboxWed, 28 Mar 2012 22:00:00 EST<![CDATA[THQ and Adidas settle miCoach lawsuit [update: THQ statement]]]>http://www.joystiq.com/2012/03/28/thq-and-adidas-settle-micoach-lawsuit/http://www.joystiq.com/2012/03/28/thq-and-adidas-settle-micoach-lawsuit/http://www.joystiq.com/2012/03/28/thq-and-adidas-settle-micoach-lawsuit/#comments THQ and Adidas have settled their $10.6 million lawsuit over the fitness game miCoach 24/7, reports Gamesta. A THQ representative informed the site that THQ will not be publishing miCoach. Details regarding the settlement are scarce, though an Adidas representative noted that the companies "amicably resolved the dispute, which will allow Adidas to get the miCoach game to market without delay and without compromising any of its unique features." Furthermore, "each party was recognized for and compensated for their important contributions to the game."

The lawsuit made the news earlier this month, with Adidas seeking $10.6 million in damages and alleging that THQ refused to turn over its publishing materials, thus keeping miCoach 24/7 from moving to a different developer. While we don't know how much money exchanged hands in the settlement -- THQ is in no shape to lose much cash right now -- it appears that miCoach 24/7 has indeed been moved to a new publisher.

We've contacted THQ for confirmation and further details.

Update: THQ has responded to Joystiq with an official statement regarding the lawsuit. The settlement dictates that Adidas will dismiss the suit and "a third party will reimburse THQ for certain of its development costs." Said third party will work with Adidas to bring the game to market. Finally, "THQ has no financial liability to Adidas or any other party in connection with the game." The full statement can be found after the break.

Continue reading THQ and Adidas settle miCoach lawsuit [update: THQ statement]

JoystiqTHQ and Adidas settle miCoach lawsuit [update: THQ statement] originally appeared on Joystiq on Wed, 28 Mar 2012 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>adidaslawsuitmiCoachmicoach-247settlementthqWed, 28 Mar 2012 13:00:00 EST<![CDATA[Mojang can't use 'Scrolls' in any sequels to 'Scrolls,' lawsuit dictates]]>http://www.joystiq.com/2012/03/12/mojang-cant-use-scrolls-in-any-sequels-to-scrolls-lawsuit/http://www.joystiq.com/2012/03/12/mojang-cant-use-scrolls-in-any-sequels-to-scrolls-lawsuit/http://www.joystiq.com/2012/03/12/mojang-cant-use-scrolls-in-any-sequels-to-scrolls-lawsuit/#comments Notch seems to be happy with the outcome of Mojang's legal tussle with Bethesda, which allows Mojang to use Scrolls as the title of a coming game that looks and plays nothing like anything in the Elder Scrolls series. Bethesda retains the trademark for "Scrolls," but Mojang can use it for its title, a result that had Notch beaming -- but as with all legal battles, it's not that simple.

After the celebratory "Yaaaay! <3" Notch tweeted, "The actual document I signed was like a billion pages, so at least we know a bunch of lawyers got rich. Good, wouldn't want them to starve." Within those billion-odd pages comes an interesting deal that prohibits Mojang from using "Scrolls" in the title of any sequels to Scrolls:

"ZeniMax has licensed the 'Scrolls' mark to Mojang to be used solely in conjunction with its existing Scrolls digital card game and any add-on material it makes to that game," a Bethesda statement reads. "The terms of the settlement bar Mojang from using the Scrolls mark for any sequel to the current card game, or any other video game."

Either Notch doesn't plan on making more than one iteration of Scrolls, or the subsequent titles will be called "Reams," "Parchments" or "Ancient Paper that One Rolls Up and can Unravel to Read From, Such as a Decree."

JoystiqMojang can't use 'Scrolls' in any sequels to 'Scrolls,' lawsuit dictates originally appeared on Joystiq on Mon, 12 Mar 2012 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Bethesda-SoftworkslawsuitlegalMarkus-PerssonmojangnotchpcscrollssequelTrademarkzenimax-mediaMon, 12 Mar 2012 15:00:00 EST<![CDATA[Bethesda and Mojang settle, Scrolls will keep its name]]>http://www.joystiq.com/2012/03/10/bethesda-and-mojang-settle-scrolls-will-keep-its-name/http://www.joystiq.com/2012/03/10/bethesda-and-mojang-settle-scrolls-will-keep-its-name/http://www.joystiq.com/2012/03/10/bethesda-and-mojang-settle-scrolls-will-keep-its-name/#comments Everything's coming up Notch. The Swedish indie game rockstar has so much money he's giving it away, presented several GDC panels to adoring throngs, and has even sparked a fashion trend (Notch hats were the accessory at GDC). And now he's settled with Bethesda over the use of the name "Scrolls".

Notch tweeted today that the two companies had settled, adding "Yaaaay! <3" Mojang had been locked in a court case with Bethesda, who claimed that the title of the upcoming game was too close to the "Elder Scrolls" series name. Notch later tweeted details of the agreement: "The settlement is that we give them the trademark," he said, "get to keep the name, and won't make an Elder Scrolls competitor using the name." Not that it was likely to in the first place.

JoystiqBethesda and Mojang settle, Scrolls will keep its name originally appeared on Joystiq on Sat, 10 Mar 2012 20:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Bethesda-SoftworkslawsuitmojangnotchpcscrollsSat, 10 Mar 2012 20:40:00 EST<![CDATA[THQ facing $10.6 million lawsuit from Adidas]]>http://www.joystiq.com/2012/03/06/thq-facing-10-6-million-lawsuit-from-adidas/http://www.joystiq.com/2012/03/06/thq-facing-10-6-million-lawsuit-from-adidas/http://www.joystiq.com/2012/03/06/thq-facing-10-6-million-lawsuit-from-adidas/#comments Adidas is suing financially unstable publisher THQ for $10.6 million over an alleged breach of contract. OregonLive reports the sportsware company is seeking compensation for MiCoach 24/7, which THQ was expected to produce for Adidas in January.

According to the lawsuit, THQ informed Adidas in December that it would not be able to present the product and that developers who were working on the project had been laid off. Adidas is seeking $10.6 million in damages, also accusing THQ of refusing to turn publishing materials over to an alternative developer. Adidas is also seeking an injunction, preventing THQ from selling or transferring rights of MiCoach to another company.

THQ is currently in the midst of a massive "strategic realignment," having committed massive layoffs in the past few months and changing course away from kids games to save the cash-poor company.

JoystiqTHQ facing $10.6 million lawsuit from Adidas originally appeared on Joystiq on Tue, 06 Mar 2012 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>AdidaslawsuitlegalmiCoachTHQTue, 06 Mar 2012 15:00:00 EST<![CDATA[Wii Fit patent lawsuit dismissed]]>http://www.joystiq.com/2012/03/02/wii-fit-patent-lawsuit-dismissed/http://www.joystiq.com/2012/03/02/wii-fit-patent-lawsuit-dismissed/http://www.joystiq.com/2012/03/02/wii-fit-patent-lawsuit-dismissed/#comments We know you've been unable to sleep restfully since the announcement of InterAction Laboratories' 2010 lawsuit against Nintendo, so you'll be relieved to know the situation is resolved. Nintendo announced this morning that a Maryland judge has summarily dismissed the case, which alleged that Nintendo's Wii Fit games and Balance Board accessory (among pretty much every other Nintendo peripheral) violated patents owned by IA Labs for exergaming devices.

IA Labs' last announced gaming product was the "XR Station," a controller attached to a big lever, that players must exert pressure on -- push, pull, lean -- to operate. It also showed the "Sqweeze" in 2008: a Wiimote peripheral with two rubber grips to squeeze.

Continue reading Wii Fit patent lawsuit dismissed

JoystiqWii Fit patent lawsuit dismissed originally appeared on Joystiq on Fri, 02 Mar 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>balance-boardexergamingia-labsinteraction-laboratorieslawsuitnintendowiiwii-fitFri, 02 Mar 2012 11:30:00 EST<![CDATA[Justin Bieber sued by 'Joustin' Beaver' devs]]>http://www.joystiq.com/2012/02/28/justin-bieber-sued-by-joustin-beaver-devs/http://www.joystiq.com/2012/02/28/justin-bieber-sued-by-joustin-beaver-devs/http://www.joystiq.com/2012/02/28/justin-bieber-sued-by-joustin-beaver-devs/#comments Joustin' Beaver developer RC3 has filed a preemptive lawsuit against pop sensation Justin Bieber, after the performer's attorneys sent a cease-and-desist letter to the studio. The Biebster's lawyers feel the game infringes on the teen heartthrob's trademark and publicity rights, while RC3 claims the game is parody and protected under the First Amendment.

"The parody app portrays a beaver floating on a log down a river. The beaver presents with bangs, a lance, and a purple sweater. The beaver knocks 'Phot-Hogs' that are attempting to take his photograph into the river with his lance," the developer claims in its suit, which can be read in its entirety on The Hollywood Reporter. "The beaver also signs 'Otter-graphs.' The beaver also must dodge the 'whirlpool of success,' which will lead beaver out of control, while navigating the river."

With the U.S. Supreme Court placing the same free speech protections on games that exist in other media forms, it comes down to Bieber's attorneys showing that the game uses the, ahem, intellectual property of the star. If the court finds in favor of the Biebster, all the developer's Joustin' Beaver profits could go toward a new pair of Swarovski crystal kicks for the singer.

JoystiqJustin Bieber sued by 'Joustin' Beaver' devs originally appeared on Joystiq on Tue, 28 Feb 2012 10:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androidiosiphoneJoustin-BeaverJustin-Bieberlawsuitmobilerc3Tue, 28 Feb 2012 10:30:00 EST<![CDATA[Zynga sued for patent infringement]]>http://www.joystiq.com/2012/02/13/zynga-sued-for-patent-infringement/http://www.joystiq.com/2012/02/13/zynga-sued-for-patent-infringement/http://www.joystiq.com/2012/02/13/zynga-sued-for-patent-infringement/#comments Zynga is being sued again, but not for any of the reasons you're probably thinking of. Personalized Media Communications, an intellectual properties company that makes its living by licensing its plethora of patents to various technology companies, has filed suit against the social mogul, alleging that Zynga's headlining titles infringe upon four of its patents.

The patents in question cover a wide range of exceedingly vague situations, from "controlled access of media content" to "personalized content based on individual attributes" and "the use of control and information signals embedded in electronic media content to generate output for display that is personalized and relevant to a user."

If you're thinking "Well gosh, those sound like they could potentially apply to literally everything on the whole Internet," that's the whole point. After countless billable hours and several appeals, this will either end with Zynga signing a licensing agreement with PMC and paying a potentially substantial amount of back license fees determined by the court, or PMC's patents will be deemed as either inapplicable or too vague, at which point everyone goes home. Either way, some lawyers are getting paid.

JoystiqZynga sued for patent infringement originally appeared on Joystiq on Mon, 13 Feb 2012 22:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>iosipadiphonelawlawsuitlegalmacmobilepcpersonalized-media-communicationsPMCzyngaMon, 13 Feb 2012 22:30:00 EST<![CDATA[Triple Town developer sues over iOS knock-off]]>http://www.joystiq.com/2012/01/29/triple-town-developer-sues-over-ios-knock-off/http://www.joystiq.com/2012/01/29/triple-town-developer-sues-over-ios-knock-off/http://www.joystiq.com/2012/01/29/triple-town-developer-sues-over-ios-knock-off/#comments Spry Fox, a social developer most recently known for its Facebook game Triple Town, has filed a copyright-infringement lawsuit against iOS development house 6Waves LOLAPPS (seriously) over Yeti Town, a mobile app that Spry Fox CEO David Edery claims is almost an exact duplicate of his company's product.

"We're not just talking about the game's basic mechanics here," Edery said in a statement made on his personal blog. "We're talking about tons of little details, from the language in the tutorial, to many of our UI elements, to the quantities and prices of every single item in the store." What's more, Spry Fox was in confidential, NDA-protected negotiations with 6Waves LOLAPPS to publish Triple Town, right up until the day Yeti Town was released.

As part of their negotiations, Spry Fox had given 6Waves months of private access to Triple Town during its closed beta test. "It's bad enough to rip off another company. To do so while you are pumping them for private information (first, our game design ideas, and later, after the game was launched on Facebook, our private revenue and retention numbers) is profoundly unethical by any measure."

Mobile rip-offs have become fairly commonplace these days, so its refreshing to see a small developer aggressively try to protect its intellectual property. The outcome of this case will be unlikely to set any legal precedents, but if the courts weigh in Spry Fox's favor, it could be enough to discourage iOS counterfeiting in the future.

[ER 09 via Shutterstock]

JoystiqTriple Town developer sues over iOS knock-off originally appeared on Joystiq on Sun, 29 Jan 2012 19:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>6waves-Lolappsandroidfacebookiosipadiphonelawlawsuitlegalmacmobilepcspry-foxtriple-townyeti-townSun, 29 Jan 2012 19:30:00 EST<![CDATA[Witcher 2 dev CD Project RED ceases legal action against pirates]]>http://www.joystiq.com/2012/01/12/witcher-2-dev-cd-project-red-ceases-legal-action-against-pirates/http://www.joystiq.com/2012/01/12/witcher-2-dev-cd-project-red-ceases-legal-action-against-pirates/http://www.joystiq.com/2012/01/12/witcher-2-dev-cd-project-red-ceases-legal-action-against-pirates/#comments After some strong words and even stronger legal actions, it looks like Witcher 2 developer CD Projekt RED is curtailing its actions against pirates over stolen copies of its last release. CDP co-founder Marcin Iwinski penned an "open letter to the gaming community" wherein he states that, "immediately" his company will "cease identifying and contacting pirates."

Make no mistake, Iwinski isn't flipping his stance on pirates or the concept of piracy. "It hurts us, the developers. It hurts the industry as a whole," he writes. He is, however, flipping his company's approach to dealing with piracy, rolling back past legal options and taking "your opinions to heart" instead. Iwinski also points out that unless folks pay for games, companies like his "won't be able to produce new excellent titles for you," which we fully stand behind.

So, in conclusion: Piracy? Bad. Legal actions against pirates? Also bad. Questions?

Continue reading Witcher 2 dev CD Project RED ceases legal action against pirates

JoystiqWitcher 2 dev CD Project RED ceases legal action against pirates originally appeared on Joystiq on Thu, 12 Jan 2012 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>cd-projektcd-projekt-redlawsuitlegalmarcin-iwinskipcpiracypiratesthe-witcher-2Thu, 12 Jan 2012 12:30:00 EST<![CDATA[EA claims First Amendment protections against expected helicopter lawsuit]]>http://www.joystiq.com/2012/01/09/ea-claims-first-amendment-protections-against-expected-helicopte/http://www.joystiq.com/2012/01/09/ea-claims-first-amendment-protections-against-expected-helicopte/http://www.joystiq.com/2012/01/09/ea-claims-first-amendment-protections-against-expected-helicopte/#comments Electronic Arts is seeking First Amendment protections in an upcoming legal dispute with the maker of military helicopters featured in Battlefield 3. Kotaku reports that Textron, the parent company of Bell Helicopters, asked EA on December 21 to cease the depictions of three of its aircraft found in Battlefield 3. Last Friday, EA did a pre-emptive tactical suit against Textron, saying the helicopters are "protected by the First Amendment and the doctrine of nominative fair use."

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

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

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

JoystiqEA claims First Amendment protections against expected helicopter lawsuit originally appeared on Joystiq on Mon, 09 Jan 2012 21:16:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>battlefield-3bell-helicoptersBusinessEAElectronic-Artslawlawsuitmicrosoftpcplaystationps3textronxboxMon, 09 Jan 2012 21:16:00 EST<![CDATA[Microsoft and Datel finally make nice, settle out of court]]>http://www.joystiq.com/2012/01/05/microsoft-and-datel-finally-make-nice-settle-out-of-court/http://www.joystiq.com/2012/01/05/microsoft-and-datel-finally-make-nice-settle-out-of-court/http://www.joystiq.com/2012/01/05/microsoft-and-datel-finally-make-nice-settle-out-of-court/#comments After a protracted court battle involving lawsuits on both sides of the fence, Microsoft and Datel have finally settled their differences and moved on. Bloomberg reports that a December 30 court filing outs a settlement between the two -- a settlement that Microsoft spokesperson Kevin Kutz describes as "to the satisfaction of both parties," without getting any more specific.

Datel's suit against Microsoft claimed the console manufacturer was in breach of antitrust laws in updating its firmware to lock out Datel devices. Microsoft denied the claims and fought back with its own lawsuit against Datel, claiming patent infringement over a third-party controller created by Datel that was said to too closely resemble the official 360 controller. Datel had yet to respond to request for comment as of publishing.

JoystiqMicrosoft and Datel finally make nice, settle out of court originally appeared on Joystiq on Thu, 05 Jan 2012 10:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>datelkevin-kutzlawsuitlegalmicrosoftxboxThu, 05 Jan 2012 10:30:00 EST<![CDATA[Rumor: Fallout MMO lawsuit settled, details coming this month]]>http://www.joystiq.com/2012/01/03/rumor-fallout-mmo-lawsuit-settled-details-coming-this-month/http://www.joystiq.com/2012/01/03/rumor-fallout-mmo-lawsuit-settled-details-coming-this-month/http://www.joystiq.com/2012/01/03/rumor-fallout-mmo-lawsuit-settled-details-coming-this-month/#comments Fallout, only more massive The ongoing legal battle between Bethesda and Interplay regarding the Fallout MMO is rumored to have reached a critical turning point. According to Fallout fan site Duck and Cover, the two companies have reached a settlement. Specifics of the settlement are reportedly set to be revealed later this month.

Joystiq is unable to confirm whether or not the settlement has actually taken place, though the rumor appears to be in line with what we've heard from our own sources.

In October, Bethesda tried -- and failed -- to impose a preliminary injunction on Interplay, which allowed the latter to continue work on the beleaguered project. Will the Fallout MMO manage to make its proposed late 2012 launch window? We should have an answer soon enough.

JoystiqRumor: Fallout MMO lawsuit settled, details coming this month originally appeared on Joystiq on Tue, 03 Jan 2012 17:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bethesdafallout-mmofallout-onlineinterplaylawsuitlegalpcTue, 03 Jan 2012 17:45:00 EST<![CDATA[Silicon Knights/Epic lawsuit turns in Epic's favor, reveals past SK projects including King's Quest]]>http://www.joystiq.com/2011/12/28/silicon-knights-epic-lawsuit-turns-in-epics-favor-reveals-past/http://www.joystiq.com/2011/12/28/silicon-knights-epic-lawsuit-turns-in-epics-favor-reveals-past/http://www.joystiq.com/2011/12/28/silicon-knights-epic-lawsuit-turns-in-epics-favor-reveals-past/#comments Silicon Knights' 2007 lawsuit against Epic Games, over 'inadequacies' in performance and support of Unreal Engine 3, continues. Last week, a judge delivered a damaging blow to SK's case when he granted a motion to exclude testimony from financial analyst Terry Lloyd, who was retained by SK to offer an expert opinion about the damages sought.

Judge James Dever III concluded that Lloyd delivered "his own subjective conclusions about an industry in which he had no prior knowledge or experience." His choices of competitors to compare sales against was called into question, as games like Grand Theft Auto IV and Gears of War didn't meet his criteria of similar marketing budgets or genre.

Court documents also reveal what Silicon Knights was up to elsewhere at the time of filing. The company was pursuing "development opportunities" with Vivendi, THQ, Capcom, and Namco. It had plans for Sandman and King's Quest games, and had gone so far as to make a prototype for King's Quest. Ironically, this would have been taking place right around the time a letter-writing campaign revived the fan-made The Silver Lining project ... which went on to be shut down, and then re-revived. And after all that, the King's Quest franchise is now in the hands of Telltale Games.

JoystiqSilicon Knights/Epic lawsuit turns in Epic's favor, reveals past SK projects including King's Quest originally appeared on Joystiq on Wed, 28 Dec 2011 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>epic-gameskings-questlawsuitsandmansilicon-knightstoo-humanWed, 28 Dec 2011 14:30:00 EST<![CDATA[Viacom ordered to pay Harmonix several trucks full of money]]>http://www.joystiq.com/2011/12/27/viacom-ordered-to-pay-harmonix-several-trucks-full-of-money/http://www.joystiq.com/2011/12/27/viacom-ordered-to-pay-harmonix-several-trucks-full-of-money/http://www.joystiq.com/2011/12/27/viacom-ordered-to-pay-harmonix-several-trucks-full-of-money/#comments When Viacom sold developer Harmonix in November of 2010 for $50, it was really only the beginning of the drama to come. Almost exactly a year ago, ex-shareholders in Harmonix prior to Viacom's buyout of the music game developer sued the conglomerate for failing to pay performance based bonuses, which were agreed upon when Viacom bought the company back in 2006. Then, earlier this year, Viacom sued those same stockholders for $131 million for "contractual overpayment." With us so far? Well, take a deep breath. It gets better.

That lawsuit triggered a mandatory arbitration clause in the original contract, and now Viacom has revealed to the LA Times that the private arbitrator in question has ordered the company to pay the former Harmonix shareholders $383 million.

The story is still developing, and this isn't the last you'll hear of it: Viacom has filed in a Delaware Court to have the judgment overturned, because of "improperly excluded" evidence and testimony.

JoystiqViacom ordered to pay Harmonix several trucks full of money originally appeared on Joystiq on Tue, 27 Dec 2011 19:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>harmonixharmonix-music-systemslawsuitlegalRock-BandviacomTue, 27 Dec 2011 19:40:00 EST<![CDATA[2009 class-action lawsuit over Final Fantasy XI fees dismissed]]>http://www.joystiq.com/2011/12/27/2009-class-action-lawsuit-over-final-fantasy-xi-fees-dismissed/http://www.joystiq.com/2011/12/27/2009-class-action-lawsuit-over-final-fantasy-xi-fees-dismissed/http://www.joystiq.com/2011/12/27/2009-class-action-lawsuit-over-final-fantasy-xi-fees-dismissed/#comments A 2009 lawsuit brought against Square Enix over alleged concealment of fees for Final Fantasy XI has been dismissed. Plaintiff Esther Leong filed a class-action suit against the company, claiming that monthly fees, late payment penalties, and other charges weren't sufficiently disclosed at retail.

The 9th Circuit Court of Appeals dismissed the lawsuit on December 20, meaning Leong and the unspecified "class" she represented are not entitled to the $5 million in damages sought. Here's something else to think about, as you ponder the nuances of this case: right now, someone in the world is still playing Final Fantasy XI.

Joystiq2009 class-action lawsuit over Final Fantasy XI fees dismissed originally appeared on Joystiq on Tue, 27 Dec 2011 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>FF11Final-Fantasy-11final-fantasy-xilawsuitmicrosoftpcsquare-enixxboxTue, 27 Dec 2011 15:00:00 EST<![CDATA[Lawsuit filed against Sony's anti-lawsuit provision]]>http://www.joystiq.com/2011/12/20/lawsuit-filed-against-sonys-anti-lawsuit-provision/http://www.joystiq.com/2011/12/20/lawsuit-filed-against-sonys-anti-lawsuit-provision/http://www.joystiq.com/2011/12/20/lawsuit-filed-against-sonys-anti-lawsuit-provision/#comments
A class-action suit filed in a California court late last month seeks to reverse Sony's forced prevention of class-action suits, which the company buried in a mandatory PSN update, following the PSN security breach earlier this year.

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

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

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

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

Permalink | Email this | Comments]]>class-actionlawsuitplaystationps3psn-outage-2011SonyTue, 20 Dec 2011 13:20:00 EST<![CDATA[Quebec court rules in favor of THQ, ends Ubisoft injunction]]>http://www.joystiq.com/2011/12/16/quebec-court-rules-in-favor-of-thq-ends-ubisoft-injunction/http://www.joystiq.com/2011/12/16/quebec-court-rules-in-favor-of-thq-ends-ubisoft-injunction/http://www.joystiq.com/2011/12/16/quebec-court-rules-in-favor-of-thq-ends-ubisoft-injunction/#comments Ubisoft may want THQ to stop poaching its employees, but the Quebec Court of Appeal for the District of Montreal doesn't seem to mind. THQ issued a statement this afternoon declaring that the court "unanimously" ruled in its favor, allowing the company to hire Ubisoft employees who were "to THQ's knowledge bound by a non-compete provision."

After THQ hired away ex-Assassin's Creed project lead Patrice Désilets to head up a "new IP" at its Montreal-based studio, VP of Core Games Danny Bilson told us he planned on bringing more folks over from Ubisoft's nearby studio. This, among other things, initially precipitated an injunction, and eventually a messy court battle. As it turns out, though, Quebec's Court of Appeal sided with THQ on the grounds that the company "was not bound by any non-competition restrictions, and was therefore free to solicit any Ubisoft employee," so long as THQ didn't engage in "unfair competition." So much for that non-compete clause, eh?

JoystiqQuebec court rules in favor of THQ, ends Ubisoft injunction originally appeared on Joystiq on Fri, 16 Dec 2011 15:50:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>lawsuitlegalnon-compete-clausethqthq-montrealFri, 16 Dec 2011 15:50:00 EST<![CDATA[PS3 'Other OS' class action dismissed]]>http://www.joystiq.com/2011/12/13/ps3-other-os-class-action-dismissed/http://www.joystiq.com/2011/12/13/ps3-other-os-class-action-dismissed/http://www.joystiq.com/2011/12/13/ps3-other-os-class-action-dismissed/#comments Sony was successful with its motion to dismiss the class action lawsuit against its removal of the PS3's "Other OS" Linux compatibility. A federal judge has dismissed all of the counts in the suit.

All but one of the claims had been dismissed in February, Gamasutra reports. The plaintiffs amended their claims, but judge Richard Seeborg has dismissed the amended claims. "In light of the prior amendment, and the fundamental shortcomings in plaintiffs' basic theory that it was wrongful for Sony to release the software update in dispute, leave to amend will be denied," Seeborg wrote, closing the door on future amendments.

Seeborg wrote that while Sony's decision to allow users access to OtherOS only if they decline updates necessary to access PSN caused "dismay and frustration" to PS3 owners, no legal basis was shown for preventing the move. "The flaw in plaintiffs' [argument] is that they are claiming rights not only with respect to the features of the PS3 product, but also to have ongoing access to an internet service offered by Sony, the PSN."

JoystiqPS3 'Other OS' class action dismissed originally appeared on Joystiq on Tue, 13 Dec 2011 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>lawsuitlegallinuxother-osotherosplaystationps3psnTue, 13 Dec 2011 11:30:00 EST<![CDATA[Impulse Technology suing Nintendo for patent infringement]]>http://www.joystiq.com/2011/11/25/impulse-technology-suing-nintendo-for-patent-infringement/http://www.joystiq.com/2011/11/25/impulse-technology-suing-nintendo-for-patent-infringement/http://www.joystiq.com/2011/11/25/impulse-technology-suing-nintendo-for-patent-infringement/#comments Tech developer Impulse Technology -- that name sound familiar? -- has filed a lawsuit against Nintendo and a score of third-party studios, accusing them of violating a 1996 patent for an "interactive system for measuring physiological exertion." The suit is largely based on the weight-tracking Wii Balance Board (and the games which use it, like Wii Fit Plus, Zumba Fitness 2 and UFC Personal Trainer), which Impulse claims too closely resemble its own Trazer Interactive Fitness machine.

Normally, we'd scoff at such a lawsuit, especially since Impulse leveraged almost the exact same claims against Microsoft for its Kinect hardware this past July. Still, take a look at the Trazer Interactive Fitness machine, seen above. The resemblance truly is uncanny, right?

Right?

JoystiqImpulse Technology suing Nintendo for patent infringement originally appeared on Joystiq on Fri, 25 Nov 2011 18:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>impulse-technologylawsuitnintendopatentTRAZERwiiWii-Fit-Pluswii-motion-plusFri, 25 Nov 2011 18:45:00 EST<![CDATA[EA facing class-action lawsuit over lack of BF 1943 in BF3]]>http://www.joystiq.com/2011/11/19/ea-facing-class-action-lawsuit-over-lack-of-bf-1943-in-bf3/http://www.joystiq.com/2011/11/19/ea-facing-class-action-lawsuit-over-lack-of-bf-1943-in-bf3/http://www.joystiq.com/2011/11/19/ea-facing-class-action-lawsuit-over-lack-of-bf-1943-in-bf3/#comments Remember how EA originally planned to include a free copy of Battlefield 1943 with every new PS3 copy of Battlefield 3? So do a lot of other people, and they're so upset over EA's replacement "bonus" that they've filed a class-action lawsuit against the publisher, according to Kotaku.

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

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

Permalink | Email this | Comments]]>battlefield-1943battlefield-3BF3class-actionDLCEAlawlawsuitlegalplaystationps3Sat, 19 Nov 2011 16:30:00 EST<![CDATA[Work on Fallout MMO can continue for now; Bethesda injunction appeal denied]]>http://www.joystiq.com/2011/10/26/work-on-fallout-mmo-can-continue-for-now-bethesda-injunction-ap/http://www.joystiq.com/2011/10/26/work-on-fallout-mmo-can-continue-for-now-bethesda-injunction-ap/http://www.joystiq.com/2011/10/26/work-on-fallout-mmo-can-continue-for-now-bethesda-injunction-ap/#comments There's been so much written about Interplay's nebulous Fallout MMO in the context of tedious litigation, it almost seems to welcome the franchise's thorough, irradiated reduction of modern society. But for those interested in legal tussles, here's where we stand today: Fallout property owner (and former licensee) Bethesda was recently denied a preliminary injunction against Interplay, which would have denied Fallout Online use of the franchise's story, characters and other identifiable elements for a limited time. Today, an appeal against that decision was denied.

United States Court of Appeals documents show that Bethesda's aim was to show "the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm." And while the property owner continued to delve into fears over Interplay's suspect financial stability (a potential source of said irreparable harm), today's outcome similarly found Bethesda's claims unconvincing.

The legal saga is still far from over, as Bethesda and Interplay must still settle their polluted licensing relationship and come to a conclusion regarding the possible release of Interplay's work -- which may continue for now, but still requires "express permission" from Bethesda to launch. What state the world (both inside and outside the game) will be in by the time the courts clear things up is anyone's guess.

Continue reading Work on Fallout MMO can continue for now; Bethesda injunction appeal denied

JoystiqWork on Fallout MMO can continue for now; Bethesda injunction appeal denied originally appeared on Joystiq on Wed, 26 Oct 2011 17:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bethesdafalloutfallout-mmofallout-onlineinterplaylawsuitlegalpcWed, 26 Oct 2011 17:30:00 EST