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[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<![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[Politicians propose cigarette warning labels for games]]>http://www.joystiq.com/2012/03/21/politicians-propose-cigarette-warning-labels-for-games/http://www.joystiq.com/2012/03/21/politicians-propose-cigarette-warning-labels-for-games/http://www.joystiq.com/2012/03/21/politicians-propose-cigarette-warning-labels-for-games/#comments A bipartisan bill has been introduced that would, if passed, require cigarette-esque warning labels on video games. Authored by house reps Frank Wolf (R-VA) and Joe Baca (D-CA), the Violence in Video Games Labeling Act (H.R. 4204) would require all games rated "E" or higher, regardless of actual content, to bare a label that reads "WARNING: Exposure to violent video games has been linked to aggressive behavior."

This isn't the first time Wolf and Baca have tried to introduce such legislation; "The Video Game Health Labeling Act of 2009" was essentially the same bill, although it only applied to games rated "T" and up. Its proposed warning label also made mention of "other violent media," which is absent from the dynamic duo's latest draft.

"Representative Baca's facially unconstitutional bill -- which has been introduced to no avail in each of six successive Congressional sessions, beginning in 2002 -- needlessly concerns parents with flawed research and junk science," says ESA representative Rich Taylor in a statement to Gamasutra.

Taylor goes on to say that the supporting evidence used by Baca in the past has been "exhaustively reviewed" by "numerous medical experts, research authorities, and courts across the country, including the United States Supreme Court," which collectively found the data "lacking and unpersuasive."

Baca's resolve, however, refuses to waiver. "The video game industry has a responsibility to parents, families and to consumers to inform them of the potentially damaging content that is often found in their products," Baca told The Hill. "They have repeatedly failed to live up to this responsibility."

When asked to comment, a fictional ESRB representative said "What am I, chopped liver?"

JoystiqPoliticians propose cigarette warning labels for games originally appeared on Joystiq on Wed, 21 Mar 2012 17:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dsdsFrank-WolfHR-4204joe-bacalawlegallegislationmacmicrosoftnintendopcplaystationplaystation-vitaps3pspsonyViolence-in-Video-Games-Labeling-ActvitawiixboxWed, 21 Mar 2012 17:45:00 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[There is no Halo 4 beta or Halo4beta site]]>http://www.joystiq.com/2012/03/11/there-is-no-halo-4-beta-or-halo4beta-site/http://www.joystiq.com/2012/03/11/there-is-no-halo-4-beta-or-halo4beta-site/http://www.joystiq.com/2012/03/11/there-is-no-halo-4-beta-or-halo4beta-site/#comments There are no plans for Halo 4 to receive a public beta, 343 Industries announced in a Q&A with franchise development director Frank O' Connor. He answered a slew of fan questions about Halo 4, revealing that it would be possible to play Grifball, that there would not be a color-blind mode (though considerations for that audience have been made in art decisions), and a few other tidbits. Check out the full factsheet here.

In related Halo 4 news, Microsoft recently won a legal battle against the bogus website Halo4beta.net, but as there won't be a Halo 4 beta we don't expect it to be put back into official use any time soon. Microsoft has also filed a complaint against Halo4beta.biz.

JoystiqThere is no Halo 4 beta or Halo4beta site originally appeared on Joystiq on Sun, 11 Mar 2012 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>343-IndustriesbetafrankieHalohalo-4legalmicrosoftxboxSun, 11 Mar 2012 16:30:00 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[California out nearly $2 million on failed video game legislation]]>http://www.joystiq.com/2012/02/22/california-out-nearly-2-million-on-failed-video-game-legislatio/http://www.joystiq.com/2012/02/22/california-out-nearly-2-million-on-failed-video-game-legislatio/http://www.joystiq.com/2012/02/22/california-out-nearly-2-million-on-failed-video-game-legislatio/#comments When California agreed to foot the Entertainment Software Association's $950,000 legal bill accrued during its deconstruction of Brown v. EMA, we estimated the state's cumulative payout to the ESA at around $1,327,000. Once you factor in the state's own legal costs, however, California's total payout for attempting to regulate the sale of violent games to minors rings up at a cool $1.8 million, according to The Sacramento Bee.

Billable hours accrued by lawyers working for the state add an estimated $500,000 to the failed legislation's price tag, which has been slowly growing since the state decided to appeal the bill's initial injunction way back in 2007. Considering that California's budget deficit is projected to reach somewhere around $22 billion this year, two million bucks doesn't seem like all that much in comparison. It's like tossing a box of matches into a burning building: What are you gonna do, set it more on fire?

JoystiqCalifornia out nearly $2 million on failed video game legislation originally appeared on Joystiq on Wed, 22 Feb 2012 20:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ab-1179californiaEntertainment-software-associationESAlawlegalreimbursementWed, 22 Feb 2012 20:15:00 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[Blizzard taking Valve to court over 'DOTA' trademark]]>http://www.joystiq.com/2012/02/10/blizzard-taking-valve-to-court-over-dota-trademark/http://www.joystiq.com/2012/02/10/blizzard-taking-valve-to-court-over-dota-trademark/http://www.joystiq.com/2012/02/10/blizzard-taking-valve-to-court-over-dota-trademark/#comments Which giant company has the rights to the fan-created, community-promoted word "Dota?" That's up to the courts now. Blizzard has filed a Notice of Opposition with the US Patent and Trademark Office, seeking to block Valve's registration of the word. The word has been used exclusively in reference to a (mod of a) Blizzard game, the document explains. "By virtue of that use, the DOTA mark has become firmly associated in the mind of consumers with Blizzard, including to signify a highly popular scenario or variant of one of Blizzard's best-selling computer games, Warcraft III."

Valve, the document goes on to claim, hasn't used the word for anything yet. There's also a lot of history of Warcraft III, which is a really strange thing to read in a legal document. The case is in discovery now, with pretrial procedures taking place throughout this year and into next. We hope this court proceeding doesn't delay either of the games, as those companies are quite capable of delaying their games on their own.

JoystiqBlizzard taking Valve to court over 'DOTA' trademark originally appeared on Joystiq on Fri, 10 Feb 2012 09:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>blizzard-dotadotadota-2legalpctrademarkunited-states-patent-and-trademark-officeusptovalveFri, 10 Feb 2012 09:00:00 EST<![CDATA[ESA spent over $1m last quarter, partially for SOPA/PIPA lobbying]]>http://www.joystiq.com/2012/02/03/esa-spent-over-1m-last-quarter-partially-for-sopa-pipa-lobbyin/http://www.joystiq.com/2012/02/03/esa-spent-over-1m-last-quarter-partially-for-sopa-pipa-lobbyin/http://www.joystiq.com/2012/02/03/esa-spent-over-1m-last-quarter-partially-for-sopa-pipa-lobbyin/#comments Between October 1 and December 31, 2011, when the Entertainment Software Association wasn't having its quartet of lobbyists pushing lawmakers on subjects such as international trade, constitutional rights, immigration policy, and STEM initiatives, it was petitioning in favor of "copyright/patent/trademark" issues. More specifically, it was supporting SOPA and PIPA in the two Congressional houses up until January 20 when lawmakers pulled support.

And all that lobbying can add up, as the association's disclosure filing reveals expenditures of $1,082,167 across all lobbying initiatives in the fourth quarter -- that figure also includes regular overhead expenses, to be clear. How much of that was spent on SOPA/PIPA is unknown, but by comparison, the Motion Picture Association of America spent $850K during the same period, which also includes its own support for SOPA/PIPA.

The ESA collectively spent $4,391,201 last year, and declined a request for specifics regarding its spending in 2011.

JoystiqESA spent over $1m last quarter, partially for SOPA/PIPA lobbying originally appeared on Joystiq on Fri, 03 Feb 2012 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>disclosureentertainment-software-associationesalegallobbyingpipaprotect-intellectual-property-actsopastop-online-piracy-actFri, 03 Feb 2012 12:30:00 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[Microsoft files complaint over fake Halo 4 beta domain]]>http://www.joystiq.com/2012/01/28/microsoft-files-complaint-over-fake-halo-4-beta-domain/http://www.joystiq.com/2012/01/28/microsoft-files-complaint-over-fake-halo-4-beta-domain/http://www.joystiq.com/2012/01/28/microsoft-files-complaint-over-fake-halo-4-beta-domain/#comments Believe it or not, there are evil people on the Internet who use misinformation and deception to steal from the innocent and well-meaning. We know, we couldn't believe it either, but it's the truth, as recently demonstrated by an outbreak of fake Halo 4 beta test invites.

343 Industries' creative director David Ellis was quick to debunk the bogus site, but the URL used in the phishing scam (halo4beta dot net) is still out there, tempting fate with its Halo-oriented name and un-Microsoftness. Who knows what nefarious maleficence the domain could be used for if left in the wild, so Microsoft has filed a complaint with the National Arbitration Forum in order to have the domain name transferred to its ownership.

In situations like this, the company filing the complaint has to be able to prove that the domain in question was registered maliciously in order for the Forum to decide in its favor. Under the circumstances, we feel like global fraud will probably be malicious enough to sway things in Microsoft's favor.

JoystiqMicrosoft files complaint over fake Halo 4 beta domain originally appeared on Joystiq on Sat, 28 Jan 2012 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>343-Industriesbeta-invitesdomainfakehalo-4halo-4-betalawlegalmicrosoftnational-arbitration-forumxboxSat, 28 Jan 2012 19:00:00 EST<![CDATA[Report: Ubisoft, Atari, many other publishers requesting payment from German pirates]]>http://www.joystiq.com/2012/01/16/report-ubisoft-atari-many-other-publishers-seeking-payment-fr/http://www.joystiq.com/2012/01/16/report-ubisoft-atari-many-other-publishers-seeking-payment-fr/http://www.joystiq.com/2012/01/16/report-ubisoft-atari-many-other-publishers-seeking-payment-fr/#comments Someone in Germany -- perhaps even some people -- illegally pirated a copy of Prison Break: The Conspiracy. Hard to believe as it may be, it appears to be the case according to TorrentFreak, who delved into German public records looking for game publishers who have employed German law to track down (and demand money from) people who allegedly pirated various games. In Germany, Koch Media publishes the Prison Break game, and has been demanding settlements of "several hundred Euros" from offending IP addresses.

The records indicate that several major publishers, either directly or through subsidiaries/secondary parties, have been sending out letters to German citizens requesting varying levels of payment in return for not being sued. Where things get murky, however, is how the publishers are seeking out the accused pirates, using not always reliable "IP address-only evidence" -- easily circumvented with proxy domains and such. You know, hacker stuff.

TorrentFreak's report indicates that a variety of publishers and distributors are involved, including (but not limited to): Atari, Koch Media (representing Techland's Dead Island and Prison Break, and Eidos/Square Enix's Deus Ex: Human Revolution as well as Dungeon Siege 3 and various Final Fantasy titles), Daedalic Entertainment (representing LucasArts), Codemasters, BitComposer, Ubisoft, Kalypso Media, dtp entertainment, and Aerosoft. It is currently unclear how many settlement notices have been sent out by each company, or if any will continue doing so after these actions have been brought to light.

Witcher 2 developer CD Projekt Red was recently pursuing similar cases in Germany until it announced the end of the practice last week.

JoystiqReport: Ubisoft, Atari, many other publishers requesting payment from German pirates originally appeared on Joystiq on Mon, 16 Jan 2012 09:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>aerosoftataribabypiratesbitcomposercodemastersdaedalicdtp-entertainmenteidoseidos-interactivegermanykalypso-mediakoch-medialegallucasartsmacmicrosoftpcpiracypiratesplaystationps3square-enixtechlandubisoftxboxMon, 16 Jan 2012 09:30:00 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[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[Mommy's Best Games asks ESA members to renounce SOPA]]>http://www.joystiq.com/2012/01/03/mommys-best-games-asks-esa-members-to-renounce-sopa/http://www.joystiq.com/2012/01/03/mommys-best-games-asks-esa-members-to-renounce-sopa/http://www.joystiq.com/2012/01/03/mommys-best-games-asks-esa-members-to-renounce-sopa/#comments You know how we feel about the anti-piracy/pro-censorship bill SOPA (we still think it's borderline evil) but now another developer is speaking out against it, and urging others to do so as well.

Nathan Fouts of Mommy's Best Games (Serious Sam: Double D) wrote a blog post asking the Entertainment Software Association to drop its continued support of the bill. "If you work at one of these companies," Fouts said to ESA members, "talk to your boss and get them talking to the ESA! Ask what your company's stance is!" He also wrote to gamers suggesting we, as people being represented by the ESA, should ask the association to drop SOPA support.

In addition to this open letter, Fouts has been tweeting at every ESA member with the message, "Hi, checking in with all on the ESA list. Does your company support SOPA? If not, could you ask the ESA to drop support? Thx!"

JoystiqMommy's Best Games asks ESA members to renounce SOPA originally appeared on Joystiq on Tue, 03 Jan 2012 10:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>esalegalmommys-best-gamesnathan-foutssopaTue, 03 Jan 2012 10:00:00 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[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[Court denies Ubi's request to restrain Get Up and Dance]]>http://www.joystiq.com/2011/12/06/court-denies-ubis-request-to-restrain-get-up-and-dance/http://www.joystiq.com/2011/12/06/court-denies-ubis-request-to-restrain-get-up-and-dance/http://www.joystiq.com/2011/12/06/court-denies-ubis-request-to-restrain-get-up-and-dance/#comments
Oh, it's the dancing neon people. Which one is this again?
Ubisoft's lawyers have learned -- and a judge has confirmed -- that you just can't stop the beat. "Get Up and Dance," a rhythm game and euphoric command from OG International, can sway American customers unimpeded after a Californian court hip-bumped Ubisoft's request for a temporary restraining order. It's published in North America on PS3 and Wii by O-Games.

Legal action sprang from Ubisoft's belief that OG's dance game uses on-screen avatars that are a mite too similar to the ones in Just Dance (pictured), the wildly popular franchise that we only write about because of how wildly popular it is. According to MCV, the court was not satisfied with demonstrations that the games are "substantially" similar.

Ubisoft is said to be appealing the decision in the hopes of telling OG to Sit Down and Cease Your Gyration.

[Update: Crave Entertianment was erroneously listed as the publisher of Get Up and Dance. This has been corrected.]

JoystiqCourt denies Ubi's request to restrain Get Up and Dance originally appeared on Joystiq on Tue, 06 Dec 2011 19:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>crave-entertainmentget-up-and-dancejust-dancejust-dance-3legalmovenintendoo-gamesog-internationalplaystationps3ubisoftwiiTue, 06 Dec 2011 19:15:00 EST<![CDATA[EFF working to make console modding legal]]>http://www.joystiq.com/2011/12/02/eff-working-to-make-console-modding-legal/http://www.joystiq.com/2011/12/02/eff-working-to-make-console-modding-legal/http://www.joystiq.com/2011/12/02/eff-working-to-make-console-modding-legal/#comments Your Humble Indie Bundle dollars at work! The Copyright Office is taking submissions about possible new exemptions to the Digital Millennium Copyright Act, and the Electronic Frontier Foundation is petitioning the office to protect "jailbreaking" of consoles, tablets, and other devices to run software other than that supported by the manufacturer. A year ago, a similar EFF initiative resulted in an exemption on "jailbreaking" smartphones.

"The DMCA is supposed to block copyright infringement," said EFF Intellectual Property Director Corynne McSherry. "But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property." McSherry asserted that "artists and tinkerers" who want to modify their devices to run whatever they want deserve legal protection.

The use of jailbroken consoles -- or any technology -- to violate copyright (by, for example, playing an unauthorized copy of a retail game) would remain illegal. But the act of modding a console itself would no longer be.

The Copyright Office will hold hearings on DMCA extensions in the spring.

JoystiqEFF working to make console modding legal originally appeared on Joystiq on Fri, 02 Dec 2011 11:05:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dsdmcadseffjailbreakinglegalmicrosoftmobilemoddingmodsnintendopiracyplaystationplaystation-vitaps3pspsonyvitawiixboxFri, 02 Dec 2011 11:05:00 EST<![CDATA[Apple and Microsoft join Nintendo et al in support of Internet-censorship bill]]>http://www.joystiq.com/2011/11/20/apple-and-microsoft-join-nintendo-et-al-in-support-of-internet-c/http://www.joystiq.com/2011/11/20/apple-and-microsoft-join-nintendo-et-al-in-support-of-internet-c/http://www.joystiq.com/2011/11/20/apple-and-microsoft-join-nintendo-et-al-in-support-of-internet-c/#comments Initially we though Apple and Microsoft had come out in support of sopaipillas, the delicious and flaky fried pastry treat served in parts of Central and South America, as well as the North American Southwest. Imagine our surprise when we discovered that what they're actually supporting is the far less scrumptious SOPA, or "Stop Online Piracy Act" which Nintendo, EA and Sony have already put their weight behind.

The supporting statement didn't come from Apple or Microsoft directly, but rather through the Business Software Alliance; a trade group that represents both Apple and Microsoft, as well as other tech giants such as Adobe, McAfee, Dell and Symantec. Meanwhile, Internet-technology companies like Google, Facebook, Twitter and Zynga have taken a vocal anti-sopaipilla anti-SOPA stance, going so far as to purchase a full-page ad in the New York Times.

We're pretty worried this bill is going to pass, truth be told, so we're going to take this opportunity to say everything we won't be able to say once Internet censorship becomes the norm. Okay, ready?

Hey Internet, [REMOVED].

JoystiqApple and Microsoft join Nintendo et al in support of Internet-censorship bill originally appeared on Joystiq on Sun, 20 Nov 2011 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applebilllawlegalmacmicrosoftmobilenintendopcSOPAstop-online-piracy-actSun, 20 Nov 2011 13:30:00 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<![CDATA[Richard Garriott wins lawsuit against NCsoft (again)]]>http://www.joystiq.com/2011/10/25/richard-garriott-wins-lawsuit-against-ncsoft-again/http://www.joystiq.com/2011/10/25/richard-garriott-wins-lawsuit-against-ncsoft-again/http://www.joystiq.com/2011/10/25/richard-garriott-wins-lawsuit-against-ncsoft-again/#comments Last July, spacefaring game developer Richard Garriott won $28 million in a court case against former employer (and Tabula Rasa publisher) NCSoft, claiming that he was forced to sell his stock in the company at a low point in the market following his termination. NCSoft appealed the decision, and, after more than a year of further legal struggle, an appellate decision was reached in the 5th Circuit Court: Richard's getting paper.

"It would be unjust to allow NCsoft to sit back during trial, observe Garriott's litigation strategy, and then demand a new trial on damages when it dislikes the verdict," the ruling reads. Garriott's former victory was not only upheld -- NCSoft now owes him $32 million with interest and attorney fees. With that kind of cash, he could buy back his old manor, and build, like, five new manors on top of it. Or he could just go into space again; in the long run, that's probably the better investment.

Continue reading Richard Garriott wins lawsuit against NCsoft (again)

JoystiqRichard Garriott wins lawsuit against NCsoft (again) originally appeared on Joystiq on Tue, 25 Oct 2011 19:16:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>courtlawsuitlegalncsoftpcRichard-Garriotttabula-rasaTue, 25 Oct 2011 19:16:00 EST<![CDATA[Mojang wins interim injunction battle, can keep using 'Scrolls' name for now]]>http://www.joystiq.com/2011/10/18/mojang-wins-interim-injunction-battle-can-keep-using-scrolls/http://www.joystiq.com/2011/10/18/mojang-wins-interim-injunction-battle-can-keep-using-scrolls/http://www.joystiq.com/2011/10/18/mojang-wins-interim-injunction-battle-can-keep-using-scrolls/#comments
As ZeniMax and Mojang begin their back alley knife fight, it seems that Notch and Co. has drawn first blood. The indie studio won the right to continue to use the "Scrolls" name -- which Bethesda claims infringes on its Elder Scrolls copyright -- until the case goes to trial. The decision, as Notch pointed out in his Twitter feed, can still be appealed by Bethesda parent company ZeniMax.

Should that go badly, we've prepared some less contentious names that will still really irritate Bethesda.

JoystiqMojang wins interim injunction battle, can keep using 'Scrolls' name for now originally appeared on Joystiq on Tue, 18 Oct 2011 08:55:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bethesdaelder-scrollslegalMojang-Specificationsnotchscrollszenimax-mediaTue, 18 Oct 2011 08:55:00 EST<![CDATA[Supreme Court delegates Brown v. EMA expenses ruling to Ninth Circuit]]>http://www.joystiq.com/2011/10/04/supreme-court-delegates-brown-v-ema-expenses-ruling-to-ninth-ci/http://www.joystiq.com/2011/10/04/supreme-court-delegates-brown-v-ema-expenses-ruling-to-ninth-ci/http://www.joystiq.com/2011/10/04/supreme-court-delegates-brown-v-ema-expenses-ruling-to-ninth-ci/#comments Legal representation ain't cheap, especially when your squad of top-notch lawyers are defending your industry/community's constitutional rights of expression. Apparently, setting legal precedent racks up a $1.4 million tab, and the Entertainment Merchants Association has requested that the bill be covered by the state of California, since they lost and everything.

Now that all the fun important history making stuff is over, though, it seems the Supreme Court has better things to do with its time than figure out whose millions of dollars belong to which lawyers. As a result, the task of approving/denying the EMA's request has been delegated to the Ninth Circuit Court.

Now that we think about it, does California even have $1.4 million to lose at this point? Call us crazy, but dine-and-dashing on the Supreme Court probably isn't possible.

JoystiqSupreme Court delegates Brown v. EMA expenses ruling to Ninth Circuit originally appeared on Joystiq on Tue, 04 Oct 2011 00:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>9th-circuit-court-of-appealsbrowncaliforniaEMAema-v-brownentertainment-merchants-associationlawlegalninth-circuit-courtSupreme-CourtTue, 04 Oct 2011 00:00:00 EST<![CDATA[UltimatePointer files patent lawsuit against Nintendo, and, uh, everyone else]]>http://www.joystiq.com/2011/09/27/ultimatepointer-files-patent-lawsuit-against-nintendo-and-uh/http://www.joystiq.com/2011/09/27/ultimatepointer-files-patent-lawsuit-against-nintendo-and-uh/http://www.joystiq.com/2011/09/27/ultimatepointer-files-patent-lawsuit-against-nintendo-and-uh/#comments It's been kind of a while since Nintendo was sued by someone for purportedly infringing on existing patents, but UltimatePointer LLC is doing just that in a complaint filed just under two weeks ago. The Texas-based LLC claims that Nintendo's Wiimote conflicts with its own patent (no. 7,746,321) for an "Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor." While UltimatePointer's patent was filed way back in May of 2005, it didn't actually receive official status until June of 2010 -- approximately four years after Nintendo launched its Wii console in North America.

Bizarrely, UltimatePointer is also suing, like, everyone else even remotely involved with the Nintendo Wii. The complaint notes that the various retailers listed (in addition to Nintendo of Japan and Nintendo of America) are liable due to sales association. In so many words, the retailers were involved in the "making, using, importing, and/or selling" of Wii "systems, games, and related accessories (the 'accused products')," and therefore are just as liable for patent infringement as the hardware manufacturer.

Even more bizarrely, the list of defendants includes a scattershot of retail chains in the United States that sell various Wii hardware, including places like QVC and Tiger Direct, but not, say, Amazon or NewEgg. The complaint doesn't request a specific award should UltimatePointer succeed, instead asking that Nintendo of America pay "a reasonable royalty" due to the alleged infringement, in addition to lawyers/court fees and "enhanced damages" owed.

JoystiqUltimatePointer files patent lawsuit against Nintendo, and, uh, everyone else originally appeared on Joystiq on Tue, 27 Sep 2011 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>best-buygamestoplawsuitlegalnintendoqvctexastiger-directultimate-pointerultimate-pointer-llcultimatepointerwiiTue, 27 Sep 2011 13:00:00 EST