Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2013 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Sega and Gearbox targeted in Aliens: Colonial Marines lawsuit]]>http://www.joystiq.com/2013/04/30/sega-and-gearbox-targeted-in-aliens-colonial-marines-lawsuit/http://www.joystiq.com/2013/04/30/sega-and-gearbox-targeted-in-aliens-colonial-marines-lawsuit/http://www.joystiq.com/2013/04/30/sega-and-gearbox-targeted-in-aliens-colonial-marines-lawsuit/#comments Gearbox Software and Sega have both been named in a class action lawsuit alleging that the two companies knowingly misrepresented Aliens: Colonial Marines in trade show demos.

After the game was released to negative reviews, some players and critics claimed the game's trailers and demonstrations didn't match up to the final product. The lawsuit's plaintiff, Damion Perrine, and the law firm of Edelson LLC have decided to take the matter to court for consumers.

The suit cites a tweet from Gearbox head Randy Pitchford, who called initial complaints over the delta between demo and final game "understood and fair." The legal action also suggests demos were misleadingly labeled as "actual gameplay," and that Sega embargoed press reviews until the early morning of Colonial Marines' release date, preventing early buyers from discovering the differences. Accordingly, the suit asks for class action damages for anyone who pre-ordered the game or bought it on release day.

The next step in a class action suit like this will be for the courts to certify the class. Unless Sega and Gearbox fight for a settlement right away, Edelson will next need to figure out how many players were mislead in the way described in the lawsuit. Once determined, the class will be notified of the suit, and the case can move forward.

JoystiqSega and Gearbox targeted in Aliens: Colonial Marines lawsuit originally appeared on Joystiq on Tue, 30 Apr 2013 21:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>aliensaliens-colonial-marinesclass-action-lawsuitdamion-perrinedemosedelsongearbox-softwarelawlegalmicrosoftmisleadingpcplaystationps3randy-pitchfordsegasuitxboxTue, 30 Apr 2013 21:45:00 EST<![CDATA[Patent troll Lodsys sues Gameloft, Disney and more for using in-app purchases]]>http://www.joystiq.com/2013/04/08/patent-troll-lodsys-sues-gameloft-disney-and-more-for-using-in/http://www.joystiq.com/2013/04/08/patent-troll-lodsys-sues-gameloft-disney-and-more-for-using-in/http://www.joystiq.com/2013/04/08/patent-troll-lodsys-sues-gameloft-disney-and-more-for-using-in/#comments Patent troll Lodsys sues Gameloft, Disney and more for ingame app purchasesA company named Lodsys has filed suit against a number of mobile game developers, including Gameloft, Gamevil, and Disney, claiming that they're infringing on patents describing the technology behind in-app purchases. Lodsys is well known for its patent battles, previously filing suits against a number of smaller iOS developers, which forced Apple to get involved to say that it had already licensed Lodsys' patents and any other claims were superfluous. That case is scheduled to go to trial later this year.

The new lawsuits all name one specific title from each company: Gameloft is targeted for the in-app purchases in Real Soccer 2012, and Disney's suit mentions Where's My Water? [pictured]. The Electronic Frontier Foundation has also posted about the lawsuits, calling Lodsys a "patent troll" and asking for legal help to fight the company.

JoystiqPatent troll Lodsys sues Gameloft, Disney and more for using in-app purchases originally appeared on Joystiq on Mon, 08 Apr 2013 20:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androiddevelopersdisneygameloftgameviliosipadiphonelawsuitlegallodsysmobilepatentpatent-trollpatentspocket-gemsMon, 08 Apr 2013 20:30:00 EST<![CDATA[Destiny: What we know now vs details in the Activision-Bungie contract]]>http://www.joystiq.com/2013/02/17/destiny-what-we-know-now-vs-details-in-the-activision-bungie-con/http://www.joystiq.com/2013/02/17/destiny-what-we-know-now-vs-details-in-the-activision-bungie-con/http://www.joystiq.com/2013/02/17/destiny-what-we-know-now-vs-details-in-the-activision-bungie-con/#comments Examining the 'Destiny' contract between Bungie and ActivisionAs part of the litigation between Activision and former Infinity Ward heads Jason West and Vince Zampella, the publishing giant was forced to reveal terms of its publishing agreement with Bungie to launch its new franchise, Destiny.

While it's possible the contract has since been altered from its original signing date of April 16, 2010 - considering elements such as the industry's further knowledge of the next generation of consoles - we wonder how closely it resembles what Bungie and Activision have finally revealed to the public.

Using information received during our recent meeting at Bungie's Washington headquarters, we compare what we now know about Destiny and what the 2010 contract promises.

Continue reading Destiny: What we know now vs details in the Activision-Bungie contract

JoystiqDestiny: What we know now vs details in the Activision-Bungie contract originally appeared on Joystiq on Sun, 17 Feb 2013 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ActivisionBungieContractdestinyLegalmicrosoftplaystationps3xboxSun, 17 Feb 2013 14:00:00 EST<![CDATA[More on China's 'console ban,' and why it's not exactly a ban]]>http://www.joystiq.com/2013/01/30/more-on-chinas-console-ban-and-why-its-not-exactly-a-ban/http://www.joystiq.com/2013/01/30/more-on-chinas-console-ban-and-why-its-not-exactly-a-ban/http://www.joystiq.com/2013/01/30/more-on-chinas-console-ban-and-why-its-not-exactly-a-ban/#comments Engadget reports that the Dongfang Daily paper followed up with the Chinese Ministry of Culture following the supposed effort to lift the country's ban on game consoles, finding no conclusive evidence that such an effort was underway.

Furthermore, the whole situation regarding the "ban" is more complicated than it first seemed. Engadget notes that the original 2000 bill was aimed primarily at restricting arcades for the sake of keeping kids out of trouble, with game equipment imports "strictly limited" as part of the deal. Limited, but not outright forbidden.

That's how Sony pulled off a two-city launch of the PS2 in 2004, and that's how Nintendo got the iQue Player out, both categorizing their consoles outside of the normal "game console" term. Neither took off, but as Engadget notes, it's not impossible to launch a console under current Chinese law, as long as the government is convinced nothing "unhealthy" will come for it.

JoystiqMore on China's 'console ban,' and why it's not exactly a ban originally appeared on Joystiq on Wed, 30 Jan 2013 23:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>chinalegalministry-of-cultureWed, 30 Jan 2013 23:30:00 EST<![CDATA[House bill proposes fines on retail games without ESRB ratings, prohibition of some sales to minors]]>http://www.joystiq.com/2013/01/17/house-bill-proposes-fines-on-retail-games-without-esrb-ratings/http://www.joystiq.com/2013/01/17/house-bill-proposes-fines-on-retail-games-without-esrb-ratings/http://www.joystiq.com/2013/01/17/house-bill-proposes-fines-on-retail-games-without-esrb-ratings/#comments House bill proposes fines on retail games without ESRB ratings, prohibiting some sales to minorsBill H.R.287, or the "Video Games Ratings Enforcement Act" as it will likely be more widely known, seeks to accomplish three goals: To make illegal the act of selling or renting video games that have not been evaluated by the ESRB, to legally prohibit the sale of Adults Only/Mature games to anyone under the age of 18/17 respectively, and to institute a fine not in excess of $5,000 in the event of noncompliance.

The bill's second and third provisions aside, mandating that all games be rated doesn't sound too wildly outside the scope of reason, save for the fact that the industry's current architecture supports that already. Granted, indie games that end up on Steam or other PC/Mac distribution platforms may not seek out ESRB evaluation, but any game released for any console must have an ESRB rating, as Nintendo/Sony/Microsoft will refuse licensing otherwise.

If the rest of what VGREA is attempting to accomplish sounds familiar, it's because the Supreme Court of the United States already declared such legislation unconstitutional way back in June of 2011. So, unless time is cyclical and this bill is actually what the court ruled on in 2011, the chances of this new one getting off the ground are pretty slim.

JoystiqHouse bill proposes fines on retail games without ESRB ratings, prohibition of some sales to minors originally appeared on Joystiq on Thu, 17 Jan 2013 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>billESRBh-r-287house-of-representativesillegallawlegalprohibitionratingssupreme-courtVideo-Games-Ratings-Enforcement-ActThu, 17 Jan 2013 21:00:00 EST<![CDATA[Judge denies THQ's plan for a quick sale as Warner Bros., others show interest]]>http://www.joystiq.com/2013/01/05/judge-denies-thqs-plan-for-a-quick-sale-as-warner-bros-others/http://www.joystiq.com/2013/01/05/judge-denies-thqs-plan-for-a-quick-sale-as-warner-bros-others/http://www.joystiq.com/2013/01/05/judge-denies-thqs-plan-for-a-quick-sale-as-warner-bros-others/#comments Earlier this week, the various organizations to which THQ owes giant piles of money filed an objection, claiming that the developer/publisher's bankruptcy plan for a quick sale to Clearlake Capital Group was designed to minimize harm to its staff and leadership, rather than maximize its ability to pay back its debt obligations.

As is the way with these sorts of things, a hearing was held yesterday to get the situation sorted, during which U.S. bankruptcy judge Mary F. Walrath concluded that THQ's plan does not allow enough time for interested parties other than Clearlake Capital Group to get properly involved in the process. Therefore, the plan is rejected.

"I am not convinced that we are under the gun to have a sale process by the 15th," Walrath said during the hearing, according to Business Week. Another hearing has been scheduled for Monday, January 7. "In the meantime I think the parties need to talk."

Meanwhile, five companies are in the process of due diligence, Centerview Partners banker Sam Greene testified during the hearing. Warner Bros. lawyer Howard J. Weg was also in attendance, saying that WB would be interested in further exploring THQ's available assets, should the sales period be extended.

Buying up franchises from bankrupt developers is nothing new for Warner Bros., and considering how well Mortal Kombat turned out, it may not be a terrible development, should it come to pass. Imagine, for instance, a Saints Row game developed by RockSteady, or a Darksiders fighting game developed by NetherRealm Studios. Worse things have happened.

JoystiqJudge denies THQ's plan for a quick sale as Warner Bros., others show interest originally appeared on Joystiq on Sat, 05 Jan 2013 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>auctionbankruptcycourtlawlegalTHQWarner-BrosWarner-Bros-InteractiveWarner-Bros-Interactive-EntertainmentSat, 05 Jan 2013 15:00:00 EST<![CDATA[Creditors, Trustee object to THQ sale conditions]]>http://www.joystiq.com/2013/01/03/creditors-trustee-object-to-thq-sale-conditions/http://www.joystiq.com/2013/01/03/creditors-trustee-object-to-thq-sale-conditions/http://www.joystiq.com/2013/01/03/creditors-trustee-object-to-thq-sale-conditions/#comments Back when THQ filed for Chapter 11 bankruptcy last month, the plan was for the developer/publisher would be sold to Clearlake Capital Group in one big chunk within 30 days, preventing the need for layoffs and avoiding the need to split THQ's various franchises up and sell them a la carte. While this plan sounds like a best-case scenario for THQ given the circumstances, other parties involved in the process have doubts, and have subsequently filed official objections.

There's a lot of complicated legal stuff going on, but the situation essentially breaks down like this: US Trustee Roberta DeAngelis has filed an objection over the sale's time table, saying that the 30-day window is far too small to give parties other than Clearlake Capital Group a chance to bid and participate in the sale. She also took issue with a stipulation in THQ's plan that awards $2.25 million to Clearlake in the event that a different company wins the bid; that amount is disproportionately large with respect to the cash value of the purchase price, she claims.

A consortium of THQ's creditors have also filed an objection, claiming that THQ's proposed bidding procedures "appear to have been designed specifically to thwart any potential bidders from stepping forward to compete with Clearlake's bid," taking issue with the sale's time table and "requirement that prospective purchasers bid on the Debtors 'as a whole' rather than on a 'piecemeal' or 'title-by-title' basis."

In essence, the creditors feel as though the process has been designed to keep THQ operational, rather than to pay back its debts: "Rather than being designed to maximize the value of the Debtors' estates, the Bidding Procedures, by design or otherwise, render the 'auction process' meaningless and virtually guarantee that Clearlake will be the ultimate buyer, thereby ensuring that the Debtors' management retain their positions within, and operating control over, the Debtors' organization."

A hearing is scheduled for tomorrow, during which we're confident at least two lawyers will make more money than we'll ever see in our entire lives. They'll probably also talk about this stuff.

JoystiqCreditors, Trustee object to THQ sale conditions originally appeared on Joystiq on Thu, 03 Jan 2013 21:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>auctionbankruptcychapter-11Clearlakeclearlake-capital-groupcreditorlawlegalobjectionsaleTHQus-trusteeThu, 03 Jan 2013 21:30:00 EST<![CDATA[Events 2012: SOPA]]>http://www.joystiq.com/2013/01/02/events-2012-sopa/http://www.joystiq.com/2013/01/02/events-2012-sopa/http://www.joystiq.com/2013/01/02/events-2012-sopa/#comments The Stop Online Piracy Act, had it been successfully enacted, would have given US law enforcement agencies the ability to legally bar search engines from linking to websites that were deemed to host copyright-violating content (whatever that may be), provided said agencies were able to obtain a court order.

It also would have given law enforcement the ability to bar advertisers and e-commerce payment providers from doing business with offending websites, but the bill's real party peace was its ability to block access to infringing websites at the ISP level.

If you think that sounds oddly familiar, that's because it's essentially what The Patriots were trying to accomplish in Metal Gear Solid 2, although the bill's less clandestine methodology wouldn't have required the construction of a massive submersible aquatic fortress.
  • As troubling as all that sounds, internet legislation isn't really in our wheelhouse since we're a video game website and everything. Once Nintendo, Sony and EA all put their weight behind the bill, however, the issue suddenly fell under our jurisdiction and became much more complicated, especially once Microsoft, Apple and a consortium of other tech giants expressed their support.

JoystiqEvents 2012: SOPA originally appeared on Joystiq on Wed, 02 Jan 2013 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>billcensorshipcongressevents-2012house-of-representativesinternetlawlegallegislationPIPApoliticssenateSOPAWed, 02 Jan 2013 16:30:00 EST<![CDATA[Over 2,100 sex offenders discovered and banned from online games]]>http://www.joystiq.com/2012/12/20/over-2-100-sex-offenders-discovered-and-banned-from-online-games/http://www.joystiq.com/2012/12/20/over-2-100-sex-offenders-discovered-and-banned-from-online-games/http://www.joystiq.com/2012/12/20/over-2-100-sex-offenders-discovered-and-banned-from-online-games/#comments Over 2,100 sexual offenders discovered and banned from online gamesNew York Attorney General Eric T. Schniderman says that five gaming companies, including NCSoft and THQ, have agreed to purge the accounts of over 2100 registered sex offenders from their services. Earlier this year, over 3500 accounts were purged from major online game services run by Microsoft, Apple, Blizzard, EA, and others, and this latest drive adds more to that total (including some from Sony, which agreed to the initial purge but wasn't able to remove the accounts until now).

The goal here is to keep registered sex offenders (who are required by law to register their email addresses, screen names, and other online information) away from children who might be playing on these platforms, and prevent them from contacting potential prey anonymously. Operation: Game Over, as this drive is being called, is the first instance of using this registration information to keep predators off of gaming networks. Hopefully, says Schniderman, it will help "block sex offenders from using gaming systems as a vehicle to prey on underage victims."

JoystiqOver 2,100 sex offenders discovered and banned from online games originally appeared on Joystiq on Thu, 20 Dec 2012 01:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>attorney-generalchildreneric-schnidermaneric-t-schneidermangaminginternetlawlegalonlinepredatorssafetyservicessex-offendersThu, 20 Dec 2012 01:00:00 EST<![CDATA[Sega sues Level-5, charges patent infringement in Inazuma Eleven]]>http://www.joystiq.com/2012/12/11/sega-sues-level-5-charges-patent-infringement-in-inazuma-eleven/http://www.joystiq.com/2012/12/11/sega-sues-level-5-charges-patent-infringement-in-inazuma-eleven/http://www.joystiq.com/2012/12/11/sega-sues-level-5-charges-patent-infringement-in-inazuma-eleven/#comments Sega is suing Level 5 over touchscreen mechanic patentLevel-5, perhaps best known in the western world as the publisher of the Professor Layton games, has a popular soccer series in Japan called Inazuma Eleven, and Sega doesn't like it. Sega is suing Level-5, alleging patent infringement on a mechanic in Nintendo DS versions of Inazuma Eleven that allows players to move characters with their fingers or a stylus, Kotaku reports.

Sega's endgame is to halt the sale of all eight Inazuma Eleven games and to get ¥900 million ($11 million) in damages from Level-5. The case heard opening statements on December 7, and Level-5 plans to fight the charges.

"We are preparing our rebuttal and do not have any comments to make at this time," Level-5 says.

JoystiqSega sues Level-5, charges patent infringement in Inazuma Eleven originally appeared on Joystiq on Tue, 11 Dec 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>dsinazuma-elevenlawsuitlegalLevel-5nintendopatent-infringementSegasuesuingTue, 11 Dec 2012 21:00:00 EST<![CDATA[New Media Rights: You gotta fight for your right to be an indie developer]]>http://www.joystiq.com/2012/12/06/new-media-rights-you-gotta-fight-for-your-right-to-be-an-indie/http://www.joystiq.com/2012/12/06/new-media-rights-you-gotta-fight-for-your-right-to-be-an-indie/http://www.joystiq.com/2012/12/06/new-media-rights-you-gotta-fight-for-your-right-to-be-an-indie/#comments New Media Rights You gotta fight for your right to be an indie developerImagine you're a game developer, working on an independent project for two years. You spend $10,000 of your own savings on assets, artists and sound designers, and finally you release the game for $0.99, expecting to break even, maybe, in a few years. Three months after launch, you get a letter from a lawyer yelling at you in all capital letters, alleging you've violated federal statutes and if you don't take your game down immediately, you'll be sued for everything you're worth, and your friends and family are going down with you.

What would you do?

This is the cautionary tale that Shaun Spalding, the Assistant Director of New Media Rights, tells us as an introduction to what his group can do for independent developers at all levels. In this situation, "You'd freak out, right?" Spalding says. "The problem is, a lot of times these letters are completely bogus, or overreaching and deceptive."

New Media Rights helps independent developers, filmmakers and startups sort through the BS, and offers professional legal assistance on a range of issues that they face every day. These are services that usually cost $300 to $500 an hour - and New Media Rights does it all for free.

Continue reading New Media Rights: You gotta fight for your right to be an indie developer

JoystiqNew Media Rights: You gotta fight for your right to be an indie developer originally appeared on Joystiq on Thu, 06 Dec 2012 15:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dsandroidiosipadiphonelagdlawyerslegallegal-advice-for-game-developersmacmicrosoftmobilenew-media-rightsnintendopcplaystationplaystation-vitaps3vitawii-uxboxThu, 06 Dec 2012 15:30:00 EST<![CDATA[Facebook and Zynga agree to new terms, create potential for official Facebook games]]>http://www.joystiq.com/2012/11/29/facebook-and-zynga-agree-to-new-terms-create-potential-for-offi/http://www.joystiq.com/2012/11/29/facebook-and-zynga-agree-to-new-terms-create-potential-for-offi/http://www.joystiq.com/2012/11/29/facebook-and-zynga-agree-to-new-terms-create-potential-for-offi/#comments Facebook and Zynga have worked out a new set of terms in their partnership, enabling both parties to make and promote their own games. Before the alteration, Zynga was required to use Facebook's monetization platform, and Facebook couldn't create its own titles to compete with Zynga's. The latest agreement undoes both stipulations and opens up both sides for more independence.

At this time, neither side has announced that it wants to change the way things work, so Zynga will likely still use Facebook's payments system, and Facebook hasn't announced plans to make any official games. A spokesperson for Facebook reiterated that "we will continue to work with Zynga, just as we do with developers of all sizes." It's not a break-up, in other words, but they are free to see other people.

JoystiqFacebook and Zynga agree to new terms, create potential for official Facebook games originally appeared on Joystiq on Thu, 29 Nov 2012 23:59:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>agreementbreakupcontractfacebookfarmvillegameslegalmobilemonetizationnewspcreuterssocialzyngaThu, 29 Nov 2012 23:59:00 EST<![CDATA[Tattoo artist sues THQ over use of original ink in UFC Undisputed 2010, UFC Undisputed 3]]>http://www.joystiq.com/2012/11/17/tattoo-artist-sues-thq-over-use-of-original-ink-in-ufc-undispute/http://www.joystiq.com/2012/11/17/tattoo-artist-sues-thq-over-use-of-original-ink-in-ufc-undispute/http://www.joystiq.com/2012/11/17/tattoo-artist-sues-thq-over-use-of-original-ink-in-ufc-undispute/#comments Tattoo artist sues THQ over use of original ink in UFC Undisputed 2010, UFC Undisputed 3A tattoo artist by the name of Chris Escobedo has filed a lawsuit against THQ over its supposedly unauthorized usage of a tattoo Escobedo designed. Specifically, Escobedo owns the copyright to a tattoo present on the virtual version of MMA fighter Carlos Condit in UFC Undisputed 2010 and UFC Undisputed 3.

Escobedo's argument hinges on the idea that, despite being permanently affixed to a public figure, the tattoo's design still belongs to him, as he created it originally and never signed the rights to the design away to Condit. By digitally recreating that design without permission, THQ may have violated Escobedo's copyright on the work. The lawsuit also claims that THQ's usage of Condit's likeness on its website violates Escobedo's copyright as well.

The lawsuit seeks compensation for "actual damages" caused by THQ's usage of the artwork, as well as "an order directing THQ to account to Mr. Escobedo for all gains, profits and advantages derived by them by their wrongful conduct, and to disgorge all profits obtained by their wrongful conduct." Gross.

JoystiqTattoo artist sues THQ over use of original ink in UFC Undisputed 2010, UFC Undisputed 3 originally appeared on Joystiq on Sat, 17 Nov 2012 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Carlos-ConditChris-Escobedocopyright-infringementCopyrightInfringementlawlawsuitlegallion-tattoomicrosoftplaystationps3tattoothe-lion-tattooTHQufc-undisputed-3xboxYukesSat, 17 Nov 2012 18:00:00 EST<![CDATA[Nintendo counterfeiter gets 32 months in another castle]]>http://www.joystiq.com/2012/11/14/nintendo-counterfeiter-gets-32-months-in-another-castle/http://www.joystiq.com/2012/11/14/nintendo-counterfeiter-gets-32-months-in-another-castle/http://www.joystiq.com/2012/11/14/nintendo-counterfeiter-gets-32-months-in-another-castle/#comments Nintendo counterfeiter gets 32 months in another castleJustin Success-Brooks hasn't quite lived up to his name, at least in terms of staying out of jail. After pleading guilty last month to selling thousands of counterfeit Nintendo games in the UK, Success-Brooks has been sentenced to 32 months of jailtime.

This was no mere case of someone copying a homebrew cartridge: Success-Brooks was convicted of selling counterfeited games (in conjunction with a few dealers in China) through 18 different websites, and continued to do so after being warned by Nintendo and the UK Border Agency. At one point Success-Brooks had his stock seized, and he then continued to sell the fake games through a different website.

Success-Brooks is officially sentenced to 32 months, though he's been told to expect to serve just half of the time. Francesca Levett, one of the prosecutors in the case, said the real victim here isn't necessarily Nintendo, but legitimate online game retailers, forced to compete with counterfeit sellers. "Nintendo may be big enough to weather the storm," she said to the Guardian, but "the damage that this has done to the reputation of online retailers is untold and incalculable."

JoystiqNintendo counterfeiter gets 32 months in another castle originally appeared on Joystiq on Wed, 14 Nov 2012 20:34:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>border-agencychinacounterfeitfrancesca-levettjailjailtimejames-success-brookslegalmobilenintendoprosecutorssuccess-brooksukWed, 14 Nov 2012 20:34:00 EST<![CDATA[Faceless: Slender Man stalks, blocks Greenlight's top game from Steam]]>http://www.joystiq.com/2012/11/14/faceless-slender-man-stalks-blocks-greenlights-top-game-from/http://www.joystiq.com/2012/11/14/faceless-slender-man-stalks-blocks-greenlights-top-game-from/http://www.joystiq.com/2012/11/14/faceless-slender-man-stalks-blocks-greenlights-top-game-from/#comments Faceless Greenlight thing
Faceless has been the No. 1 game on Steam Greenlight since fans voted for the first batch in September, and it was the top game during the second round, which Greenlit 21 games in October. Faceless still holds the spot today, but when Valve announces the next group of Greenlight games, chances are it will be skipped over once again.

Faceless is haunted by the rusty chains of the legal system.

It's a horror game that tells the tale of Slender Man, the elongated, suited phantom notorious for stalking gullible children and teenagers (though mostly just those who own handheld cameras). Victor Surge initiated The Slender Man mythos on the Something Awful forums in 2006, and it migrated to YouTube in 2009 in a series of "lost footage" videos from Marble Hornets. The footage chronicles Slender Man as he haunts a film student, Alex, slowly driving him to paranoia before he is lost to the ether and insanity. The first episode has 2.4 million views and the channel now hosts 64 full entries, last updated in October 2012. Slender Man is a horrific viral hit.

In a sense, Slender Man stalks Faceless developer Justin Ross just as he does Alex - the Slender Man legend is the reason Faceless can't yet be approved on Greenlight.

"We've been the No. 1 game since the service launched and have yet to be Greenlit due to copyright issues with Slender Man, which is a free-to-use entity, and we've even gotten permission from the creator Victor Surge," Faceless developer Justin Ross tells Joystiq. "It's starting to feel like Greenlight games aren't chosen by the community like Valve has stated, and it's instead their choice, not the community's."

Continue reading Faceless: Slender Man stalks, blocks Greenlight's top game from Steam

JoystiqFaceless: Slender Man stalks, blocks Greenlight's top game from Steam originally appeared on Joystiq on Wed, 14 Nov 2012 12:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>facelessgreenlightjustin-rosslegalpcslender-manslender-the-arrivalslender-the-eight-pagesslendermansteam-greenlightthe-intruderWed, 14 Nov 2012 12:00:00 EST<![CDATA[X-Men: Destiny destined for unsure lifespan on Games on Demand]]>http://www.joystiq.com/2012/11/13/x-men-destiny-games-on-de/http://www.joystiq.com/2012/11/13/x-men-destiny-games-on-de/http://www.joystiq.com/2012/11/13/x-men-destiny-games-on-de/#comments XMen Destiny may be destined for short lifespan on Games on DemandX-Men: Destiny is available from today on Xbox Live Marketplace as part of the Games on Demand program, priced at $39.99. That's despite Silicon Knights being ordered by the US court to recall and destroy all unsold copies of its products using Unreal Engine 3, of which X-Men: Destiny is one. The company was also ordered to cease producing and distributing games using Epic's technology.

So what exactly's going on here? Well, the ruling in the Silicon Knights vs. Epic Games case dictates Silicon Knights notifies the US court by December 21 of its compliance with the injunctions ordered. This is presumably to give Silicon Knights adequate time to carry out the required actions; recalling and destroying every unsold copy of X-Men: Destiny and Too Human.

So the game newly appearing on XBLM might not contravene the injunctions, at least for now. It should also be noted that Too Human is also currently available on XBLM, while GameStop, Target, and Best Buy all have new copies of X-Men: Destiny listed as available.

JoystiqX-Men: Destiny destined for unsure lifespan on Games on Demand originally appeared on Joystiq on Tue, 13 Nov 2012 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>epicepic-gamesgames-on-demandlawlawsuitlegalmicrosoftrulingsilicon-knightstoo-humanX-Men-DestinyXBLAXBLMxboxTue, 13 Nov 2012 11:00:00 EST<![CDATA[Will Wright resolves lawsuit with Hive Mind co-founder]]>http://www.joystiq.com/2012/11/06/will-wright-resolves-lawsuit-with-hive-mind-co-founder/http://www.joystiq.com/2012/11/06/will-wright-resolves-lawsuit-with-hive-mind-co-founder/http://www.joystiq.com/2012/11/06/will-wright-resolves-lawsuit-with-hive-mind-co-founder/#comments Late last year, game creator Will Wright debuted a new startup called "Hive Mind," designed to create and develop some ideas on "personal gaming" that Wright was interested in. Unfortunately, while trying to put together funding for the company, Wright got bogged down in a legal dispute with co-founder Jawad Ansari. Now, says VentureBeat, those issues have been all cleared up.

"We are pleased to have reached a friendly and respectful resolution," says Wright in a statement. Ansari will go on to work at a firm called GCube Capital, and while the official status of Hive Mind isn't yet known, Wright is continuing his work with another startup, called Super Fun Club, and says that the plan for Hive Mind is getting to "where the operating team can take the company forward."

JoystiqWill Wright resolves lawsuit with Hive Mind co-founder originally appeared on Joystiq on Tue, 06 Nov 2012 02:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>disagreementhivemindjawad-ansarilegalpcstartupsuper-fun-clubwill-wrightwoesTue, 06 Nov 2012 02:00:00 EST<![CDATA[Impulse Technology drops patent infringement suit against Nintendo]]>http://www.joystiq.com/2012/10/22/impulse-technology-drops-patent-infringement-suit-against-ninten/http://www.joystiq.com/2012/10/22/impulse-technology-drops-patent-infringement-suit-against-ninten/http://www.joystiq.com/2012/10/22/impulse-technology-drops-patent-infringement-suit-against-ninten/#comments Impulse Technology Ltd. voluntarily dropped a lawsuit against Nintendo alleging the Wii, Wiimote, Balance Board and Wii Fit Plus infringed on Impulse's patent for the Trazer Interactive Fitness machine. An "unfavorable decision from Judge James Gwin of the U.S. District Court in Cleveland" undermined Impulse's legal arguments.

Richard Medway, Nintendo of America's deputy general counsel, was "very pleased with the court's ruling, which forced Impulse to walk away from this lawsuit," he said. "Nintendo vigorously defends patent lawsuits when we firmly believe that we have not infringed another party's patent. We will continue our tradition of developing unique and innovative products while respecting the intellectual property rights of others."

Impulse similarly sued Microsoft under the same allegations, but relating to its Kinect technology.

JoystiqImpulse Technology drops patent infringement suit against Nintendo originally appeared on Joystiq on Mon, 22 Oct 2012 21:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>impulseimpulse-technologylawsuitlegalnintendowiiMon, 22 Oct 2012 21:00:00 EST<![CDATA[Sensory Sweep Studios founder jailed and fined $1.2 million for failing to pay wages]]>http://www.joystiq.com/2012/10/19/sensory-sweep-studios-founder-jailed-and-fined-1-2-million-for/http://www.joystiq.com/2012/10/19/sensory-sweep-studios-founder-jailed-and-fined-1-2-million-for/http://www.joystiq.com/2012/10/19/sensory-sweep-studios-founder-jailed-and-fined-1-2-million-for/#comments Sensory Sweep Studios founder jailed and fined $12 million for failing to pay wagesDave Rushton, the founder and president of Utah-based Sensory Sweep Studios, has been sentenced to 12 months in prison and fined a total of $1.2 million in unpaid wages to more than 100 employees, according to the Associated Press.

This judgment resolves a lawsuit filed in 2009 by the US Department of Labor, which enjoined the sales of several Sensory Sweep Studios games after employees claimed they hadn't been paid in more than 100 days. Additionally, the employees alleged that their 401(k) money had been stolen by the company.

Rushton has already served jail time for other charges relating to Sensory Sweep. In 2010, Rushton plead guilty to one third-degree felony charge of failing to file taxes and one second-degree felony charge of "engaging in a pattern of unlawful activity," says the Salt Lake Tribune. In addition to prison, the sentence also included a 72-month probation and 200 hours of community service.

Sensory Sweep Studios was primarily responsible for developing ports and licensed games for the Nintendo DS, such as Need for Speed: Most Wanted and Foster's Home for Imaginary Friends: Imagination Invaders, though it also developed some console games such as Alvin and the Chipmunks, or the XBLA version of Street Fighter II: Hyper Fighting.

JoystiqSensory Sweep Studios founder jailed and fined $1.2 million for failing to pay wages originally appeared on Joystiq on Fri, 19 Oct 2012 11:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Dave-Rushtonfelonyjail-timelawsuitlegalprisonsensory-sweep-studiosunpaid-wagesUtahFri, 19 Oct 2012 11:30:00 EST<![CDATA[Zynga suing former Cityville GM over theft of trade secrets]]>http://www.joystiq.com/2012/10/16/zynga-suing-former-cityville-gm-over-theft-of-trade-secrets/http://www.joystiq.com/2012/10/16/zynga-suing-former-cityville-gm-over-theft-of-trade-secrets/http://www.joystiq.com/2012/10/16/zynga-suing-former-cityville-gm-over-theft-of-trade-secrets/#comments A former Zynga general manager has allegedly stolen trade secrets, the social games company claims in a new lawsuit. Zynga believes Alan Patmore, who previously worked on Cityville, uploaded a number of company assets to a Dropbox account from his company computer, both on the day before and day of his departure from the company. Said assets included, among other things, information on Zynga's game mechanics, internal assessments of Cityville's performance, monetization plans, company emails and design documents (including the final design document for an as yet unreleased game).

Zynga feels Patmore, who now works for social game company Kixeye, will use the information to directly compete with his former employer. Specifically, Zynga states that the stolen data "could be used to improve a competitor's internal understanding and know-how of core game mechanics and monetization techniques, its execution, and ultimately its market standing to compete more effectively with Zynga."

Furthermore, the company claims that, upon leaving the company, Patmore refused to sign a "termination certification," which "merely reaffirmed" his contractual obligations, among them not to take any of the company's "sensitive data."

Continue reading Zynga suing former Cityville GM over theft of trade secrets

JoystiqZynga suing former Cityville GM over theft of trade secrets originally appeared on Joystiq on Tue, 16 Oct 2012 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>alan-patmorecityvillekixeyelawsuitlegalpczyngaTue, 16 Oct 2012 11:00:00 EST<![CDATA[Gaikai sued over alleged patent infringement]]>http://www.joystiq.com/2012/10/11/gaikai-sued-over-alleged-patent-infringement/http://www.joystiq.com/2012/10/11/gaikai-sued-over-alleged-patent-infringement/http://www.joystiq.com/2012/10/11/gaikai-sued-over-alleged-patent-infringement/#comments A Delaware company called T5 Labs has filed suit against cloud-gaming service Gaikai for alleged patent infringement, putting the technology that underpins Gaikai's fancy cloud-computing/game-streaming wizardry under the legal microscope.

Specifically, T5 Labs claims that by "providing a system and methods of sharing a graphics processing unit (GPU) between a plurality of programs," Gaikai is "actively, knowingly and intentionally" using the technology covered by T5's patent for "Sharing a graphical processing unit between a plurality of programs."

Multiple programs using the same GPU may sound like something that every single computer does on a regular basis, but T5's patent actually covers a specific scenario involving servers, remote terminals and compression algorithms. No specific dollar amount is listed in the complaint, but T5 is seeking damages, attorney's fees and "a judgement permanently enjoining Gaikai from further infringement."

Gaikai has "no comment at this time" regarding the situation.

JoystiqGaikai sued over alleged patent infringement originally appeared on Joystiq on Thu, 11 Oct 2012 19:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>cloudcloud-gaminggaikailawsuitlegalmacpatentpcstreamingsuet5-labsUSPTOThu, 11 Oct 2012 19:45:00 EST<![CDATA[No Doubt and Activision don't speak in court, agree settlement instead]]>http://www.joystiq.com/2012/10/04/no-doubt-and-activision-dont-speak-in-court-agree-settlement-i/http://www.joystiq.com/2012/10/04/no-doubt-and-activision-dont-speak-in-court-agree-settlement-i/http://www.joystiq.com/2012/10/04/no-doubt-and-activision-dont-speak-in-court-agree-settlement-i/#comments No Doubt and Activision don't speak in court, agree settlement insteadNo Doubt and Activision reached an out-of-court settlement this week over the band's lawsuit against the publisher, finally bringing an end to three years of legal dispute. The Californian rock band first filed the lawsuit back in 2009, claiming their likenesses were only to be used in Band Hero with their own in-game tracks, not with the entire catalog. Despite Activision's best efforts, the case was due to finally appear in the Los Angeles Superior Court on October 15, but instead the two parties agreed to settle.

How things have changed since 2009. Music games like Rock Band 2 and Band Hero were ruling the roost, and No Doubt had only just reformed after the Stefani-imposed hiatus. Three years on and there won't be any more Hero games, while No Doubt recently released their sixth album. Now, following some Push & Shove it seems things will finally Settle Down completely for the Hero franchise so that it can rest in peace.

JoystiqNo Doubt and Activision don't speak in court, agree settlement instead originally appeared on Joystiq on Thu, 04 Oct 2012 11:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionActivision-BlizzardBand-Herolalawsuitlegalneversoftno-doubtThu, 04 Oct 2012 11:45:00 EST<![CDATA[Owner of 'Gaymer' trademark sends cease and desist to Reddit]]>http://www.joystiq.com/2012/09/10/owner-of-gaymer-trademark-sends-cease-and-desist-to-reddit/http://www.joystiq.com/2012/09/10/owner-of-gaymer-trademark-sends-cease-and-desist-to-reddit/http://www.joystiq.com/2012/09/10/owner-of-gaymer-trademark-sends-cease-and-desist-to-reddit/#comments Owner of 'Gaymer' trademark sends cease and desist to RedditIn 2007, owner of Gaymer.org Chris Vizzini announced his intent to trademark the term "gaymer," sparking a community controversy: Even though not everyone affiliated with the word itself, it was a commonly used bit of jargon, similar to "pwn" or "noob." Did Vizzini have the right to trademark such a common word?

Legally he did. In March 2008, Vizzini's trademark on "gaymer" passed registration and it is live today. The trademark applies to online communities, "hosting and maintaining an online website for others to discuss, receive and disseminate information concerning video games," specifically. In the interest of protecting his mark, Vizzini today sent a cease and desist letter to Reddit community /r/gaymers, which has more than 16,500 members, claiming infringement.

Reddit admins don't plan to ban the subreddit, but it will need to rename or find a compromise with Vizzini. This is an "unprecedented" situation for Reddit, but it is a serious problem, admin spladug writes:

"I informed the mod team of /r/gaymers that we'd received a cease and desist letter for infringement of the 'gaymer' trademark and that our legal counsel had informed us that the letter presents a real threat that they would sue reddit. I let them know so that they could start planning how to respond (including seeing if there's any way for them to work things out with the owner of the trademark)."

Vizzini says he sent the cease and desist because, as a trademark holder, he has to defend his mark or risk losing it. He says he emailed Reddit twice asking for the community to change its name, but got no response. "I started Gaymer.org in 2003 and began to build Gaymer as a brand," Vizzini writes. "Thats why I trademarked and word marked the name. At that time, there was only one other site around dedicated to gay gamers. I have spent countless hours and thousands of dollars on Gaymer.org. I have done so gladly as it's brought happiness to many people."

Vizzini isn't pursuing next year's GaymerCon gathering since his trademark applies only to online communities. The /r/gaymers community and other sites, such as GayGamer.net, are discussing the issue and the larger implications of trademarks and online forums. We raised the question of popular phrases being "owned" when Vizzini first announced the trademark, and it's no less relevant now.

As of today, Gaymer.org itself is "suspended," though whether this is due to an unintentional DDOS attack or reasons unrelated to the Reddit attention is unclear.

JoystiqOwner of 'Gaymer' trademark sends cease and desist to Reddit originally appeared on Joystiq on Mon, 10 Sep 2012 23:59:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>chris-vizziniGayGamergaygamer.netgaymergaymer.orglegalredditrgaymerssubredditsTrademarktrademarksMon, 10 Sep 2012 23:59:00 EST<![CDATA[Luxembourg software company suing EA, Square Enix, several others over patent infringement]]>http://www.joystiq.com/2012/07/23/luxembourg-software-company-suing-ea-square-enix-several-other/http://www.joystiq.com/2012/07/23/luxembourg-software-company-suing-ea-square-enix-several-other/http://www.joystiq.com/2012/07/23/luxembourg-software-company-suing-ea-square-enix-several-other/#comments What do Notch, John Riccitiello, Yoichi Wada, and Phil Larsen all have in common? A likely lacking fondness for Luxembourg-based software company Uniloc, who filed lawsuits against Notch's Mojang, Riccitiello's EA, Wada's Square Enix, and Larsen's Halfbrick recently (among others), contending that all the companies infringe on a networking patent held by Uniloc.

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

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

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

Permalink | Email this | Comments]]>eaelectronic-artshalfbrickhalfbrick-studiosjohn-riccitiellolawsuitlegallitigationpatentpatent-trollphil-larsensquare-enixunilocyoichi-wadaMon, 23 Jul 2012 09:30:00 EST<![CDATA[Uniloc sues Mojang over alleged patent infringement in Android version of 'Mindcraft']]>http://www.joystiq.com/2012/07/21/uniloc-sues-mojang-over-alleged-patent-infringement-in-android-v/http://www.joystiq.com/2012/07/21/uniloc-sues-mojang-over-alleged-patent-infringement-in-android-v/http://www.joystiq.com/2012/07/21/uniloc-sues-mojang-over-alleged-patent-infringement-in-android-v/#comments Uniloc sues Mojang over alleged patent infringement in Android version of 'Mindcraft'Texas-based tech-patent collector Uniloc has filed suit against Mojang, claiming that the Android version of "Mindcraft," (seriously, that's what it says in the filing), infringes upon Patent #6,857,067, "System and method for preventing unauthorized access to electronic data." Specifically, the filing references claim 107 of the patent, which covers a "Computer code executable on an electronic device to prevent unauthorized access to electronic data stored on the electronic device."

Yup, Mindcraft.

"Unfortunately for them, they're suing us over a software patent. If needed, I will throw piles of money at making sure they don't get a cent," Notch said on Twitter this morning. "Software patents are plain evil. Innovation within software is basically free, and it's growing incredibly rapid. Patents only slow it down."

Uniloc is seeking damages compounded by both pre and post-judgment interest, as well as ongoing royalties from Mojang. This should be a good one.

[Thanks, Cody!]

JoystiqUniloc sues Mojang over alleged patent infringement in Android version of 'Mindcraft' originally appeared on Joystiq on Sat, 21 Jul 2012 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androidlawsuitlegalmindcraftMinecraftmobileMojangpatentUnilocSat, 21 Jul 2012 13:30:00 EST<![CDATA[South Korea banning trade of in-game items]]>http://www.joystiq.com/2012/06/15/south-korea-banning-trade-of-in-game-items/http://www.joystiq.com/2012/06/15/south-korea-banning-trade-of-in-game-items/http://www.joystiq.com/2012/06/15/south-korea-banning-trade-of-in-game-items/#comments South Korea's Ministry of Culture, Sports and Tourism will enact a ban on commercial trading of in-game items starting next month, the Korea Times reports. Like the online gaming curfew, this move is aimed at reclaiming students' time for non-game-related activities. The ban specifically targets the use of bots that allow automatic collection of items, which the ministry estimates as the source of 60 percent of items on the virtual market.

The ban also prevents arcades from handing out gift certificates for in-game items, as that has resulted in the certificates being traded for cash.

A different restriction on virtual goods was recently enacted in South Korea's neighbor, Japan: the Consumer Affairs Agency banned the "compu gacha" scheme, in which players buy randomly selected virtual items, with bonuses for the completion of sets.

JoystiqSouth Korea banning trade of in-game items originally appeared on Joystiq on Fri, 15 Jun 2012 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>item-tradinglegalpcsouth-koreavirtual-goodsFri, 15 Jun 2012 12:30:00 EST<![CDATA[THQ's new prez stands behind Montreal studio, though 'there may be empty seats']]>http://www.joystiq.com/2012/06/10/thqs-new-prez-stands-behind-montreal-studio-though-there-may/http://www.joystiq.com/2012/06/10/thqs-new-prez-stands-behind-montreal-studio-though-there-may/http://www.joystiq.com/2012/06/10/thqs-new-prez-stands-behind-montreal-studio-though-there-may/#comments THQ's new prez stands behind Montreal studio, though 'there may be empty seats'When THQ announced its Montreal, Canada-based studio in 2009, the plan seemed a bit on the ambitious side. 400 new employees across five years, two big projects - one of which is overseen by ex-Assassin's Creed creative lead Patrice Desilets, the other being a followup to 2011's Homefront - and a brand new campus meant a lot of money needed to be spent, even with a potentially generous tax credit from the Canadian government.

And that was long before THQ's recent financial troubles. It's in that context that we asked newly hired president Jason Rubin to address the future of the Montreal location during an E3 interview. "I think the decision needs to be made which projects we can do, what we can afford to do, and stick to it. Even though THQ Montreal's space may be bigger than what we need right now, there's nothing about that space that prevents us from succeeding," Rubin said.

We asked Rubin whether THQ could fulfill the planned 400-person contract across five years in its current financial state. "There may be empty seats," he admitted, but he's not worried that those contractual obligations will affect THQ - nor the Montreal location's - long-term survival. "I'm not saying that we wouldn't fulfill our obligations," Rubin told us. "But assuming for a moment that we don't reach whatever our contractual obligations are, there are very specific clauses in the contract that say what would happen. And I've read the contract, I've gone over it, it was one of the things I did before starting. And there's nothing about the contract or our failing under that contract that would cause the company to fail."

Rubin stressed that THQ under his leadership remains dedicated to the Montreal studio and its agreement with the government. "I love Montreal. I definitely wanna do right by Montreal, and I definitely wanna fill that studio. But having said that, if we fail to do that for any reason, that's not going to be a cause for failure for the company." He also addressed potential concern that other THQ studios employees could be moved to the Montreal location. "Were I able to pick up and move people without worry about their families, the projects they're working on, and everything else, I would fill that space in a second," Rubin said.

Beyond the co-developed Homefront sequel and the unknown Desilets project, it is unclear what else THQ Montreal is working on, if anything.

JoystiqTHQ's new prez stands behind Montreal studio, though 'there may be empty seats' originally appeared on Joystiq on Sun, 10 Jun 2012 17:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>canadae3-2012homefront-2jason-rubinlegalpatrice-desiletssubsidytax-breaktax-incentivetax-subsidythqthq-montrealSun, 10 Jun 2012 17:15:00 EST<![CDATA[Silicon Knights plans to appeal in Epic case]]>http://www.joystiq.com/2012/05/31/silicon-knights-plans-to-appeal-in-epic-case/http://www.joystiq.com/2012/05/31/silicon-knights-plans-to-appeal-in-epic-case/http://www.joystiq.com/2012/05/31/silicon-knights-plans-to-appeal-in-epic-case/#comments X-Men Destiny and Too Human developer Silicon Knights plans to appeal a recent court loss to Epic Games, studio head Denis Dyack told Joystiq. After losing a five-year-long lawsuit this week to Epic Games, Silicon Knights was ordered to fork over $4.45 million in damages to Epic. Dyack said he was "disappointed by the outcome," and that his company would appeal the ruling.

Silicon Knights sued Epic Games in 2007 due to a dispute over Silicon Knights' licensing of Epic's Unreal Engine 3. SK claimed that Epic intentionally withheld pieces of the engine - an engine that was originally licensed to help build Too Human - which resulted in repeated delays of that project. A jury in the US District Court for the Eastern District of North Carolina disagreed with Silicon Knights' assertion, and found that the Canadian studio instead caused damage to Epic's license agreement and trade secrets.

JoystiqSilicon Knights plans to appeal in Epic case originally appeared on Joystiq on Thu, 31 May 2012 17:36:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appealepicepic-gameslawsuitlegalnorth-carolinasilicon-knightsThu, 31 May 2012 17:36:00 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[Xbox 360 import ban to the US recommended by ITC judge]]>http://www.joystiq.com/2012/05/23/xbox-360-import-ban-to-the-us-recommended-by-itc-judge/http://www.joystiq.com/2012/05/23/xbox-360-import-ban-to-the-us-recommended-by-itc-judge/http://www.joystiq.com/2012/05/23/xbox-360-import-ban-to-the-us-recommended-by-itc-judge/#comments Both the 4GB and 250GB Xbox 360 S models were recommended for a trade ban in the US this week by International Trade Commission judge David Shaw. Said recommendation came several weeks after Shaw ruled in favor of Motorola in a case alleging Microsoft violated several patents held by the mobile phone manufacturer, ranging from Wi-Fi technology to video patents.

The recommendation alone doesn't ban the import of the two console models - a panel of six judges on the ITC board will review Shaw's recommendation and decide whether it should be made into law. Florian Mueller of patent site Foss Patents told GamesIndustry International that it's unlikely Shaw's recommendation will make it past its current point. "Unlike judges at courts, ITC judges don't make the decisions: they merely recommend them. Their recommendations are very frequently not adopted by the Commission, the six-member decision-making body at the top of the ITC," he said.

Moreover, Mueller pointed out that he's "never seen an ITC judge make any other recommendation than an exclusion order [the import ban in question] if his initial determination is that there is a violation." And given Shaw's initial determination earlier this year that Microsoft was in violation of Motorola's patents, today's news is actually "normal course of business," said Mueller.

JoystiqXbox 360 import ban to the US recommended by ITC judge originally appeared on Joystiq on Wed, 23 May 2012 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>david-shawinternational-trade-commissionlegalmicrosoftmotorolapatentpatentsxboxWed, 23 May 2012 14:00:00 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[Rhode Island governor gives 38 Studios' Copernicus MMO a June 2013 launch]]>http://www.joystiq.com/2012/05/18/rhode-island-governor-gives-38-studios-copernicus-mmo-a-june-20/http://www.joystiq.com/2012/05/18/rhode-island-governor-gives-38-studios-copernicus-mmo-a-june-20/http://www.joystiq.com/2012/05/18/rhode-island-governor-gives-38-studios-copernicus-mmo-a-june-20/#comments Rhode Island governor Lincoln Chafee told attendees of a 38 Studios-related press conference that the long awaited 38 Studios MMO - only known currently as "Project Copernicus" - is set to launch in June of 2013. Chafee said, "What I understand is Copernicus is June of '13."

Considering we've literally never heard any information on the Amalur-based MMO (aside from the fact that it's an Amalur-based MMO), it's a bit hard for us to believe that the game will arrive by next year. "I said from the beginning that it was a risky enterprise," Chafee told press of the troubled business deal between 38 and Rhode Island.

38 Studios is supposed to start paying back its $75 million loan - facilitated by the state of Rhode Island and supported by bond investors - by the beginning of 2013. It's unclear how 38 will afford those payments, but Chafee repeatedly pointed out 38's intention to seek private capital (read: more money from private investors - and not from the state). Said private capital has yet to be secured, Chafee said.

JoystiqRhode Island governor gives 38 Studios' Copernicus MMO a June 2013 launch originally appeared on Joystiq on Fri, 18 May 2012 13:49:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>38-studioslegallincoln-chafeepcrhode-islandFri, 18 May 2012 13:49:00 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[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[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[Activision v. Infinity Ward court date delayed]]>http://www.joystiq.com/2012/04/09/activision-v-infinity-ward-court-date-delayed/http://www.joystiq.com/2012/04/09/activision-v-infinity-ward-court-date-delayed/http://www.joystiq.com/2012/04/09/activision-v-infinity-ward-court-date-delayed/#comments ImageFormer Activision employees and Infinity Ward founders Jason West and Vincent Zampella are taking Activision to court on May 29, after a few years of legal back-and-forth negotiations and counter-suits from Activision. The date was initially set for May 7, but was pushed back at Activision's request.

West and Zampella claim Activision owes them $125 million in unpaid royalties, and they seek the rights to the Modern Warfare brand.

Activision's counter-suit is free to move forward as well, where Activision is asking for $400 million from EA, claiming EA stole its employees and that West and Zampella were consorting secretly with the competitor while still Activision employees.

Zampella and West were fired from Activision in 2010 on the grounds of these supposed secret meetings. They soon after founded Respawn Entertainment and now have 40 former Infinity Ward employees in their ranks.

JoystiqActivision v. Infinity Ward court date delayed originally appeared on Joystiq on Mon, 09 Apr 2012 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ActivisionCall-of-Duty-4-Modern-WarfareCoD4Infinity-WardJason-WestlegalmicrosoftModern-Warfarenintendopcplaystationps3Respawn-EntertainmentsueVince-ZampellawiixboxMon, 09 Apr 2012 19:00:00 EST<![CDATA[Ubisoft sued for patent infringement over Rocksmith technology]]>http://www.joystiq.com/2012/04/09/ubisoft-sued-for-patent-infringement-over-rocksmith-technology/http://www.joystiq.com/2012/04/09/ubisoft-sued-for-patent-infringement-over-rocksmith-technology/http://www.joystiq.com/2012/04/09/ubisoft-sued-for-patent-infringement-over-rocksmith-technology/#comments ImageGuitar Apprentice sued Ubisoft last week for patent infringement on a "media system and method of progressive musical instruction" in USP 8,119,896. Guitar Apprentice filed this patent on October 12, 2010, while Ubisoft's Rocksmith launched on October 18, 2011 in North America and is due to hit Europe and Australia in September this year.

A summary of the Guitar Apprentice patent describes its initial function as follows: "A method is provided for progressive musical instruction using a media system with processor-executable software modules storing musical performances each having a plurality of segments."

Ubisoft has previously acknowledged that Rocksmith took inspiration and technology from Game Tank's Guitar Rising, and it is currently in a legal dispute with the UK band Rocksmith, who claims it owns all rights to the name.

JoystiqUbisoft sued for patent infringement over Rocksmith technology originally appeared on Joystiq on Mon, 09 Apr 2012 18:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>Guitar-Apprenticelegalmicrosoftpatent-infringementpcplaystationps3rocksmithsuexboxMon, 09 Apr 2012 18:30:00 EST<![CDATA[New York State removes sex offenders from Xbox Live]]>http://www.joystiq.com/2012/04/05/new-york-state-removes-sex-offenders-from-xbox-live-more/http://www.joystiq.com/2012/04/05/new-york-state-removes-sex-offenders-from-xbox-live-more/http://www.joystiq.com/2012/04/05/new-york-state-removes-sex-offenders-from-xbox-live-more/#comments New York will be removing the state's registered sex offenders from several online gaming services, NY Attorney General Eric Schneiderman has announced. As part of "Operation: Game Over," over 3,500 of accounts have been removed from various gaming services run by "Microsoft, Apple, Blizzard, Electronic Arts, Disney, Warner Bros. and Sony."

The purge was done with the consent of each company. Xbox Live is the only service explicitly mentioned in the press release, though each company certainly has recognized services, including PlayStation Network, Origin, Game Center, Battle.net, etc.

The press release notes that New York law requires sex offenders to provide the state with email addresses and screen names, which can then "be made available to certain websites so they can purge potential predators from their online networks." This marks the first time the law has been applied to gaming services. Vice president and deputy general counsel Rich Wallis noted that the company is "supportive of Attorney General Schneiderman's efforts to make the Internet, including online gaming environments like Xbox LIVE, safer for everyone."

This isn't the first time that A.G. Schneiderman has delved into the world of video games. He also subpoenaed Sony regarding the PlayStation Network security breach last year.

Continue reading New York State removes sex offenders from Xbox Live

JoystiqNew York State removes sex offenders from Xbox Live originally appeared on Joystiq on Thu, 05 Apr 2012 16:40:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>eric-schneidermangamecenteriosipadiphonelawlegalmacmicrosoftmobilenew-yorkpcplaystationplaystation-networkps3psnxboxxbox-liveThu, 05 Apr 2012 16:40:00 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