Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2015 AOL, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Sony accepting claims on 2011 PSN data breach settlement]]>http://www.joystiq.com/2015/01/26/sony-accepting-claims-on-2011-psn-data-breach-settlement/http://www.joystiq.com/2015/01/26/sony-accepting-claims-on-2011-psn-data-breach-settlement/http://www.joystiq.com/2015/01/26/sony-accepting-claims-on-2011-psn-data-breach-settlement/#comments If you were a PSN, Qriocity or Sony Online Entertainment user at the time of the April 2011 Sony hack that disrupted the PlayStation Network for nearly a month and compromised 70 million user accounts, now's your chance to get a piece of the class action settlement levied against Sony last year.

To qualify, you must have held a PSN, Qriocity or Sony Online Entertainment account on or before May 14, 2011. Each service is eligible to receive different claims, but PSN users are able to receive either one or two games - if you already received a free game in Sony's 2011 "Welcome Back" promotion, you're only eligible for one; if not, you're eligible to choose two - from a list that includes standouts like LittleBigPlanet and God of War HD. Notably, none of the games on offer are for the PlayStation 4. If none of the games tickle your fancy, you can instead choose free dynamic themes for your PlayStation 3 or free PlayStation Plus subscription time.

After wading through multiple pages of bureaucratic legalese, you'll find everything you need to make your claim at the PSN-SOE settlement website.
[Image: Sony]

JoystiqSony accepting claims on 2011 PSN data breach settlement originally appeared on Joystiq on Mon, 26 Jan 2015 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>LBPlegalLittleBigPlanetplaystationplaystation-networkplaystation-vitaps3ps4psnpspsettlementsonyvitaMon, 26 Jan 2015 19:00:00 EST<![CDATA[Journey composer Austin Wintory nears expulsion from AFM]]>http://www.joystiq.com/2015/01/15/journey-composer-austin-wintory-nears-expulsion-from-afm/http://www.joystiq.com/2015/01/15/journey-composer-austin-wintory-nears-expulsion-from-afm/http://www.joystiq.com/2015/01/15/journey-composer-austin-wintory-nears-expulsion-from-afm/#comments Seven months after the American Federation of Musicians threatened Grammy Award-winning composer Austin Wintory with a $50,000 fine for recording the soundtrack to The Banner Saga against regulations, the music union has issued an official fine of $2,500.

Despite a looming January 19 deadline, Wintory refuses to pay. "Doing so would be to agree that their failed policies, selective tactics and threats work," the composer told Variety. Instead, Wintory claims his lawyers are examining the options available to him should the AFM make good on its threat to boot him from the union. As a further snub, Wintory claims he will write a check to the Education Through Music - Los Angeles charity "where the money can be used toward building on dreams instead of destroying them."

When the AFM first notified Wintory of the potential $50,000 fine he faced for not following proper union regulations in recording music for a game, the composer was defiant. "Ultimately I don't think this is about me," Wintory stated. "This is about what's right. This is about composers and musicians being able to work in a medium that we love without fear of threat and intimidation, and it's about the next wave of musicians and composers who want to get into this business and dream of working in games, who shouldn't have to fear being attacked."
[Image: AFM]

JoystiqJourney composer Austin Wintory nears expulsion from AFM originally appeared on Joystiq on Thu, 15 Jan 2015 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>american-federation-of-musiciansaustin-wintorylegalthe-banner-sagaunionThu, 15 Jan 2015 18:00:00 EST<![CDATA[Read the fine print: Ubisoft free game offer waives lawsuits]]>http://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/http://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/http://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/#comments Ubisoft's offer of a free game to make up for the widespread technological problems of Assassin's Creed: Unity seems generous, but those hoping to take advantage should be aware of a notable caveat tucked inside the offer's fine print.

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

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

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

Permalink | Email this | Comments]]>assassins-creed-unityfine-printlawsuitlegallegalesemicrosoftpcplaystationps4ubisoftxbox-oneMon, 22 Dec 2014 18:00:00 EST<![CDATA[Manuel Noriega's Call of Duty lawsuit dismissed by LA court]]>http://www.joystiq.com/2014/10/29/manuel-noriegas-call-of-duty-lawsuit-dismissed-by-la-court/http://www.joystiq.com/2014/10/29/manuel-noriegas-call-of-duty-lawsuit-dismissed-by-la-court/http://www.joystiq.com/2014/10/29/manuel-noriegas-call-of-duty-lawsuit-dismissed-by-la-court/#comments Manuel Noriega's attempt to sue Activision has been dismissed by a Los Angeles Superior Court Judge who ruled that the former Panamanian dictator's unauthorized cameo in Call of Duty: Black Ops 2 is protected by America's free speech laws.

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

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

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

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

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

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

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

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

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

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

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

[Image: Getty]

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

Permalink | Email this | Comments]]>battlefield-4class-action-lawsuiteaea-diceelectronic-artslawsuitlegalmicrosoftpcplaystationps3ps4puffinsxboxxbox-oneWed, 22 Oct 2014 13:00:00 EST<![CDATA[Kickstarter changes terms regarding unfinished projects]]>http://www.joystiq.com/2014/09/22/kickstarter-changes-terms-to-resolve-failed-projects/http://www.joystiq.com/2014/09/22/kickstarter-changes-terms-to-resolve-failed-projects/http://www.joystiq.com/2014/09/22/kickstarter-changes-terms-to-resolve-failed-projects/#comments Kickstarter updated its terms of use late last week, mostly cleaning up the site's fine-print language to better spell out the relationship between project creators and backers. It will remain hands-off while project leads enter agreements with their supporters, which worked well for the funding platform to this point, as it reached $1 billion in pledges in March.

Those contracts are the focus of the revised terms, as Kickstarter is now emphasizing the actions creators must take if they fail to live up to their word as well as the potential consequences if they walk away. The boldest inclusion stressed that creators who are unable to satisfy the terms "may be subject to legal action by backers." While Kickstarter still won't involve itself in the proceedings, this opens a clearer lane for possible lawsuits from project backers should creators fail to live up to their agreement or offer alternative solutions.

Continue reading Kickstarter changes terms regarding unfinished projects

JoystiqKickstarter changes terms regarding unfinished projects originally appeared on Joystiq on Mon, 22 Sep 2014 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>backerscreatorsCrowdFundingdeveloperfundingkickstarterlawsuitslegaltermsterms-of-useMon, 22 Sep 2014 11:00:00 EST<![CDATA[Sega pins Aliens: Colonial Marines marketing mishaps on Gearbox]]>http://www.joystiq.com/2014/09/04/sega-pins-aliens-colonial-marines-marketing-mishaps-on-gearbox/http://www.joystiq.com/2014/09/04/sega-pins-aliens-colonial-marines-marketing-mishaps-on-gearbox/http://www.joystiq.com/2014/09/04/sega-pins-aliens-colonial-marines-marketing-mishaps-on-gearbox/#comments After Aliens: Colonial Marines publisher Sega moved to settle a class-action lawsuit to the tune of $1.25 million in August for alleged false advertising for the game, it shifted the blame for the game's marketing issues to Gearbox Software, according to court documents obtained by Game Informer. Internal emails from Gearbox and Sega representatives cite examples of the former revealing information about the game without the consent of the publisher.

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

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

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

Permalink | Email this | Comments]]>aliens-colonial-marinesclaimsclass-actionclass-action-lawsuitcourt-documentsgearboxgearbox-softwarelawsuitlegalmarketingmicrosoftnintendopcplaystationps3Randy-PitchfordSegawii-uxboxThu, 04 Sep 2014 13:00:00 EST<![CDATA[Report: Capcom aims patent infringment suit at Koei Tecmo]]>http://www.joystiq.com/2014/08/26/report-capcom-aims-patent-infringment-suit-at-koei-tecmo/http://www.joystiq.com/2014/08/26/report-capcom-aims-patent-infringment-suit-at-koei-tecmo/http://www.joystiq.com/2014/08/26/report-capcom-aims-patent-infringment-suit-at-koei-tecmo/#comments Capcom has filed suit against Koei Tecmo alleging that the Dynasty Warriors publisher infringed on key Capcom patents in recent games, according to a Sankei report translated by Siliconera.

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

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

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

Permalink | Email this | Comments]]>capcomdynasty-warriors-8koei-tecmolawlawsuitlegalpatentpatent-infringementTue, 26 Aug 2014 16:00:00 EST<![CDATA[Oakland's 80-year pinball prohibition ends]]>http://www.joystiq.com/2014/08/22/oaklands-80-year-pinball-prohibition-ends/http://www.joystiq.com/2014/08/22/oaklands-80-year-pinball-prohibition-ends/http://www.joystiq.com/2014/08/22/oaklands-80-year-pinball-prohibition-ends/#comments Oakland, California, has lifted its long-standing ban on pinball machines, making it legal to play pinball in the city for the first time in almost 80 years.

Oakland's ban stretches back to the 1930s, when several cities in the United States adopted laws restricting the sale and public display of pinball machines due to their ties to illegal gambling. The former game of chance evolved into a skill-based challenge with the introduction of flippers, however, leading many cities to rescind their pinball bans in the 1970s.

Pinball manufacturer Stern commemorates the end of Oakland's ban with an Iron Man table tournament taking place at RadioShack's Fruitvale Station store over the next month. Pinball players have 30 days to rack up a high score on the newly installed machine, and the top 16 players will compete in a final tournament round on September 20.

[Image: Stern]

JoystiqOakland's 80-year pinball prohibition ends originally appeared on Joystiq on Fri, 22 Aug 2014 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>banlawlegaloaklandpinballsternFri, 22 Aug 2014 19:00:00 EST<![CDATA[Bungie ordered to recoup Marty O'Donnell's founders' stock]]>http://www.joystiq.com/2014/08/20/bungie-ordered-to-recoup-marty-odonnells-founders-stock/http://www.joystiq.com/2014/08/20/bungie-ordered-to-recoup-marty-odonnells-founders-stock/http://www.joystiq.com/2014/08/20/bungie-ordered-to-recoup-marty-odonnells-founders-stock/#comments A court-appointed arbitrator has ruled that Bungie must return the founders' stock it stripped from former Halo composer Marty O'Donnell following his contentious dismissal earlier this year, reports VentureBeat.

As our readers are no doubt aware, founders' stock in Bungie is now quite valuable, following the lengthy string of successes the developer has had since it launched Halo on the original Xbox all those years ago. With the upcoming debut of the highly-anticipated, open-universe shooter Destiny, O'Donnell's stock is likely to grow even more valuable. Unfortunately for O'Donnell, despite this ruling, the legal red tape has yet to be cleared away. Bungie can still file an appeal against the arbitration and until a final order is issued O'Donnell isn't in the clear.

This ruling marks the second time an official has sided with O'Donnell in the recent past. About a month ago, O'Donnell was awarded a little over $95,000 that a court ruled was owed the composer as unpaid wages and overtime compensation.
[Image: Bungie]

JoystiqBungie ordered to recoup Marty O'Donnell's founders' stock originally appeared on Joystiq on Wed, 20 Aug 2014 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bungiehalolawlegalmarty-odonnellWed, 20 Aug 2014 14:30:00 EST<![CDATA[Artist sues pet toy company over Angry Birds licensing profits]]>http://www.joystiq.com/2014/08/05/artist-sues-pet-toy-company-over-angry-birds-licensing-profits/http://www.joystiq.com/2014/08/05/artist-sues-pet-toy-company-over-angry-birds-licensing-profits/http://www.joystiq.com/2014/08/05/artist-sues-pet-toy-company-over-angry-birds-licensing-profits/#comments Seattle artist Juli Adams has filed suit against pet product manufacturer Hartz, alleging that the company denied her profits when it ditched her trademarked "Angry Birds" toy line in favor of licensed products based on Rovio's mobile hit Angry Birds.

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

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

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

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

[Image: Hartz / Adams / Rovio]

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

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

Permalink | Email this | Comments]]>androidangry-birdshartziosipadiphonelawsuitlegallicensingmobileroviotrademarksTue, 05 Aug 2014 13:00:00 EST<![CDATA[Former Silicon Knights dev sentenced in child pornography case]]>http://www.joystiq.com/2014/07/30/former-silicon-knights-dev-sentenced-in-child-pornography-case/http://www.joystiq.com/2014/07/30/former-silicon-knights-dev-sentenced-in-child-pornography-case/http://www.joystiq.com/2014/07/30/former-silicon-knights-dev-sentenced-in-child-pornography-case/#comments Former Precursor Games and Silicon Knights designer Ken McCulloch was sentenced this week in an Ontario Court of Justice in St. Catharines, Canada on child pornography charges. Judge Joseph Nadel sentenced McCulloch to 12 months of time served; McCulloch has been jailed since his arrest in late June 2013, after he pleaded guilty to making child pornography available.

According to The Welland Tribune, Niagara Regional Police also charged McCulloch with sexual assault, forcible confinement and sexual interference during his time in jail in the past year. McCulloch will remain in custody, returning to court on August 26 to answer to those charges. As a result of the initial sentencing, McCulloch will be added to the provincial sex offender registry for the next 20 years. Judge Nadel also ordered McCulloch to stay away from any child under the age of 16 and from schools, parks, recreation centers and public pools for 10 years.

Continue reading Former Silicon Knights dev sentenced in child pornography case

JoystiqFormer Silicon Knights dev sentenced in child pornography case originally appeared on Joystiq on Wed, 30 Jul 2014 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>arrestassaultcanadachargescourtjailKen-McCullochkenneth-mccullochlawlegalNiagara-Regional-PolicePrecursor-Gamesprisonshadow-of-the-eternalsWed, 30 Jul 2014 19:00:00 EST<![CDATA[Diesel jeans files opposition to Dieselstormers trademark]]>http://www.joystiq.com/2014/07/28/diesel-jeans-files-opposition-to-dieselstormers-trademark/http://www.joystiq.com/2014/07/28/diesel-jeans-files-opposition-to-dieselstormers-trademark/http://www.joystiq.com/2014/07/28/diesel-jeans-files-opposition-to-dieselstormers-trademark/#comments Lawyers representing the Diesel fashion brand have filed legal opposition to attempts by Germany's Black Forest Games to trademark "Dieselstormers" as the title of an upcoming run and gun shooter.

According to Diesel representatives, the game's title could cause confusion in consumers. Despite Diesel being known almost exclusively for its clothing (and its jeans in particular), the company holds a trademark over the term "Diesel" in numerous miscellaneous fields including video games.

While this trademark squabble awaits an official ruling, Black Forest Games remains confident that Diesel has no case. "In all probability an understanding will be reached as Black Forest have no intent to create clothing under the Dieselstormers brand - and the "Diesel" part of Dieselstormers refers to the liquid fuel type of the same name and is not a parody of the fashion brand," reads an official statement from Black Forest.
[Image: Black Forest Games]

Continue reading Diesel jeans files opposition to Dieselstormers trademark

JoystiqDiesel jeans files opposition to Dieselstormers trademark originally appeared on Joystiq on Mon, 28 Jul 2014 17:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>black-forest-gamesdieseldieselstormerslegalpctrademarkMon, 28 Jul 2014 17:00:00 EST<![CDATA[Sins of a Solar Empire dev discusses 'Rebellion' lawsuit]]>http://www.joystiq.com/2014/07/11/sins-of-a-solar-empire-dev-discusses-rebellion-lawsuit/http://www.joystiq.com/2014/07/11/sins-of-a-solar-empire-dev-discusses-rebellion-lawsuit/http://www.joystiq.com/2014/07/11/sins-of-a-solar-empire-dev-discusses-rebellion-lawsuit/#comments Following two years of legal battles, Ironclad Studios has been granted the right to use the word "Rebellion" in the title of its latest space exploration epic, a decision it hopes will set a precedent for the increasingly litigious gaming industry.

"Rebellion Developments [developer of Alien vs Predator] and its founders (Chris and Jason Kingsley) have aggressively opposed or petitioned to cancel trademarks containing the word 'Rebellion' and have been very successful in preventing third party use of the word 'Rebellion' in conjunction with video-games in the U.S. and Europe," Ironclad stated in a recent blog entry. In court, Rebellion attempted to argue that the title Sins of a Solar Empire: Rebellion was an attempt by Ironclad to trade on Rebellion's success as a developer, but Judge Victoria Roberts saw things differently. "...Defendants' use of REBELLION is expressive speech and is protected under the First Amendment," Roberts stated in her judgement. "Plaintiffs cannot satisfy the Rogers test; they cannot establish that REBELLION has no artistic relevance to Defendants' computer game, or that it is explicitly misleading as to source or content. Defendants' Motion to Dismiss is GRANTED."

Though this is good news, Ironclad isn't out of the woods just yet. The studio recently learned that Rebellion has filed to oppose Ironclad's trademark in Canada, and there have been "unconfirmed reports that [Rebellion] issued a cease and desist order to our partner in the United Kingdom."
[Image: Stardock]

JoystiqSins of a Solar Empire dev discusses 'Rebellion' lawsuit originally appeared on Joystiq on Fri, 11 Jul 2014 17:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>aliens-vs-predatorlawlegalpcrebellionsins-of-a-solar-empire-rebelliontrademarkFri, 11 Jul 2014 17:00:00 EST<![CDATA[FTC sues Amazon over in-app purchase practices]]>http://www.joystiq.com/2014/07/10/ftc-sues-amazon-over-in-app-purchase-practices/http://www.joystiq.com/2014/07/10/ftc-sues-amazon-over-in-app-purchase-practices/http://www.joystiq.com/2014/07/10/ftc-sues-amazon-over-in-app-purchase-practices/#comments The U.S. Federal Trade Commission has sued online retailer Amazon for refusing to change its framework for purchases made within its hosted mobile apps, according to a Reuters report.

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

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

[Image: Amazon]

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

Permalink | Email this | Comments]]>amazonandroidftcin-app-purchaseslawsuitlegalmobileThu, 10 Jul 2014 19:30:00 EST<![CDATA[Ubisoft emerges unscathed by DRM patent infringement lawsuit]]>http://www.joystiq.com/2014/07/02/ubisoft-emerges-unscathed-by-drm-patent-infringement-lawsuit/http://www.joystiq.com/2014/07/02/ubisoft-emerges-unscathed-by-drm-patent-infringement-lawsuit/http://www.joystiq.com/2014/07/02/ubisoft-emerges-unscathed-by-drm-patent-infringement-lawsuit/#comments A United States District Court judge has dismissed a lawsuit against Ubisoft which claims that the publisher violated patents held by Digital Reg of Texas in the design of its infamous uPlay DRM software.

Initially filed in 2012, the lawsuit alleges that Ubisoft (alongside other companies such as EA, Valve and Flash creator Adobe) violated six patents held by Digital Reg relating to remotely tracking access to software after distribution and post-distribution security, among other typical functions of digital rights management software. Judge Claudia Wilken dismissed the case against Ubisoft for "numerous reasons," among them an agreement between Digital Reg and Valve covering third-party use of the DRM patents in question. According to Wilken, Ubisoft's alleged infringement was nullified under the terms of that accord.

Despite this victory, uPlay remains a controversial component of Ubisoft games. As recently as two months ago, the uPlay system was preventing legitimate owners of the PC version of Watch Dogs from playing the open-world hacking adventure.
[Image: Ubisoft]

JoystiqUbisoft emerges unscathed by DRM patent infringement lawsuit originally appeared on Joystiq on Wed, 02 Jul 2014 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>digital-reg-of-texasdrmlegalpatentubisoftuplayvalveWed, 02 Jul 2014 16:30:00 EST<![CDATA[Lindsay Lohan sues Rockstar over GTA 5 character likeness]]>http://www.joystiq.com/2014/07/02/lindsay-lohan-sues-rockstar-over-gta-5-character-likeness/http://www.joystiq.com/2014/07/02/lindsay-lohan-sues-rockstar-over-gta-5-character-likeness/http://www.joystiq.com/2014/07/02/lindsay-lohan-sues-rockstar-over-gta-5-character-likeness/#comments Following months of idle threats, actress Lindsay Lohan has officially filed a lawsuit against Rockstar Games, alleging that the Grand Theft Auto 5 creators borrowed her likeness for the character of Lacey Jonas.

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

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

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

Permalink | Email this | Comments]]>grand-theft-auto-5gta5lawsuitlegallindsay-lohanmicrosoftplaystationps3rockstar-gamesxboxWed, 02 Jul 2014 14:30:00 EST<![CDATA[Hearing on 38 Studios' potential lobbying violations set for next week]]>http://www.joystiq.com/2014/06/26/hearing-on-38-studios-potential-lobbying-violations-set-for-nex/http://www.joystiq.com/2014/06/26/hearing-on-38-studios-potential-lobbying-violations-set-for-nex/http://www.joystiq.com/2014/06/26/hearing-on-38-studios-potential-lobbying-violations-set-for-nex/#comments Rhode Island Secretary of State Ralph Mollis has issued letters to four individuals, requesting their presence in court on July 1 to determine if attempts were made to lobby lawmakers following the costly collapse of game developer 38 Studios.

"Our office has been diligently investigating who, if anyone, lobbied lawmakers regarding 38 Studios," Mollis said in an official statement sent to local media outlet WPRI. "It is our goal to uncover any lobbying violations, which may have occurred without our knowledge, which is why our office has sent letters of inquiry to all parties who we feel may have been involved in lobbying activity, and may be in violation of lobbying laws."

Those contacted by Mollis include 38 Studios founder Curt Schilling, former board member Thomas Zaccagnino, Keith Stokes, the former executive director of the Rhode Island Economic Development Corporation, and Michael Corso, an attorney who, WPRI claims, had "several lucrative contracts with the failed video game company."

A letter obtained by WPRI, sent from Mollis to Corso, alleges that the attorney met with members of the Rhode Island General Assembly and other lawmakers on "numerous" occasions "for the purposes of influencing policy-making decisions or policy-making actions of the public corporation." Corso's lawyers, in turn, deny Mollis' claims, and demand more evidence of wrong-doing.
[Image: 38 Studios]

JoystiqHearing on 38 Studios' potential lobbying violations set for next week originally appeared on Joystiq on Thu, 26 Jun 2014 21:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>38-studiosbusinesscurt-schillinglawlegalrhode-islandThu, 26 Jun 2014 21:30:00 EST<![CDATA[Oculus: ZeniMax lawsuit a 'transparent attempt' to profit from Facebook sale]]>http://www.joystiq.com/2014/06/25/oculus-zenimax-lawsuit-a-transparent-attempt-to-profit-from-f/http://www.joystiq.com/2014/06/25/oculus-zenimax-lawsuit-a-transparent-attempt-to-profit-from-f/http://www.joystiq.com/2014/06/25/oculus-zenimax-lawsuit-a-transparent-attempt-to-profit-from-f/#comments Oculus VR has issued a legal statement denying ZeniMax Media's claims that Oculus Chief Technology Officer John Carmack developed key VR technology while employed at ZeniMax, therefore entitling ZeniMax and its subsidiary id Software to compensation.

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

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

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

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

[Image: Oculus VR]

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

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

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

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

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

Permalink | Email this | Comments]]>lawsuitlegalnintendopatentpatent-infringementphilipsukwiiwii-uSat, 21 Jun 2014 12:00:00 EST<![CDATA[Valve: Early Access devs may be 'unable to finish their game']]>http://www.joystiq.com/2014/06/05/valve-early-access-devs-may-be-unable-to-finish-their-game/http://www.joystiq.com/2014/06/05/valve-early-access-devs-may-be-unable-to-finish-their-game/http://www.joystiq.com/2014/06/05/valve-early-access-devs-may-be-unable-to-finish-their-game/#comments Valve has issued an update to its Steam Early Access FAQ, warning users that some featured games may never reach a completed state.

"It's up to the developer to determine when they are ready to 'release,'" an unaltered section of the FAQ reads. "Some developers have a concrete deadline in mind, while others will get a better sense as the development of the game progresses."

GamesBeat reports that the following statement was appended recently: "You should be aware that some teams will be unable to 'finish' their game. So you should only buy an Early Access game if you are excited about playing it in its current state."

Continue reading Valve: Early Access devs may be 'unable to finish their game'

JoystiqValve: Early Access devs may be 'unable to finish their game' originally appeared on Joystiq on Thu, 05 Jun 2014 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>legalmacpcsteamsteam-early-accessvalveThu, 05 Jun 2014 13:30:00 EST<![CDATA[Report: Former Index president arrested for fraud]]>http://www.joystiq.com/2014/05/28/report-former-index-president-arrested-for-fraud/http://www.joystiq.com/2014/05/28/report-former-index-president-arrested-for-fraud/http://www.joystiq.com/2014/05/28/report-former-index-president-arrested-for-fraud/#comments Masami Ochiai, former president and CEO of Atlus parent company Index Corporation, has been arrested by Japanese authorities who claim Ochiai fraudulently boosted Index's financial records prior to its sale to Sega Sammy Holdings last year.

News of the arrest comes from Japanese business periodical Nikkei (via a Gematsu translation), which claims that the 4 billion yen profit shown on Index's records of the third fiscal quarter of 2012 doesn't actually exist. Investigators believe Ochiai fraudulently reported business transactions that never occurred in order to avoid the removal of Index from JASDAQ (the Japanese analogue to the American NASDAQ stock exchange). Unfortunately for Index, even that profit (the first Index had shown in six years), couldn't save the company from bankruptcy, and it was while sorting out that mess that authorities picked up on Ochiai's reported attempts to make his company look a few million yen better than it otherwise would have.

Though Ochiai claims that he has "not been engaging in fraud," investigators plan to delve deeply into Index's financial records under the belief that Ochiai wasn't alone in his deception, and that these financial hijinks were systematically plotted out by Index management.
[Image: Sega]

JoystiqReport: Former Index president arrested for fraud originally appeared on Joystiq on Wed, 28 May 2014 19:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>atlusindex-corporationjapanlegalmasami-ochiaisega-sammysega-sammy-holdingsWed, 28 May 2014 19:00:00 EST<![CDATA[Report: Tech company files complaint to halt Wii, Wii U sales in US]]>http://www.joystiq.com/2014/05/15/report-us-tech-company-files-complaint-to-halt-wii-wii-u-sales/http://www.joystiq.com/2014/05/15/report-us-tech-company-files-complaint-to-halt-wii-wii-u-sales/http://www.joystiq.com/2014/05/15/report-us-tech-company-files-complaint-to-halt-wii-wii-u-sales/#comments Philips, the personal care, lighting and healthcare technology company, has filed a complaint for patent infringement against Nintendo, according to a document on Scribd. The complaint alleges Nintendo infringes on Philips' patent '379, "Virtual Body Control Device," with the Wii, Wii Remote Plus Controller, Wii Remote Controller, Wii Nunchuk Controller, Wii MotionPlus, Wii Balance Board, Wii U, Wii U GamePad and Wii Mini.

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

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

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

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

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

Permalink | Email this | Comments]]>lawsuitlegalnintendopatent-infringementphilipswiiwii-uThu, 15 May 2014 18:00:00 EST<![CDATA[EVE monument vandals catch the wrath of CCP's banhammer]]>http://www.joystiq.com/2014/05/09/eve-monument-vandals-catch-the-wrath-of-ccps-banhammer/http://www.joystiq.com/2014/05/09/eve-monument-vandals-catch-the-wrath-of-ccps-banhammer/http://www.joystiq.com/2014/05/09/eve-monument-vandals-catch-the-wrath-of-ccps-banhammer/#comments Mere days after CCP Games unveiled an imposing stone monument to the legions of players who've navigated virtual deep space in EVE Online, the structure was defaced. Now, CCP claims to have found the perpetrators.

Though those responsible remain anonymous, CCP community manager "Falcon" has revealed that three people have been permanently banned from EVE Online. A fourth person also reportedly involved in the vandalism received a six-month ban. All of these people are now blacklisted from future EVE events, most notably CCP's annual EVE Fanfest.

Falcon also notes that many in the EVE Online community have called for far harsher treatment for the alleged vandals, but refuses to outline any punitive steps CCP might be taking outside of its cult-favorite space simulation. "[W]e now consider this issue resolved within the EVE Universe, and any further action taken outside the virtual world relating to criminal damage or recovery of costs for repairs to the EVE Universe Monument will remain confidential between CCP Games, the authorities, and those involved," he wrote.
[Image: CCP Games]

JoystiqEVE monument vandals catch the wrath of CCP's banhammer originally appeared on Joystiq on Fri, 09 May 2014 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ccp-gameseve-onlinelegalmacpcvandalismFri, 09 May 2014 18:00:00 EST<![CDATA[Washington state files suit over unfulfilled Kickstarter rewards]]>http://www.joystiq.com/2014/05/03/washington-state-files-suit-over-unfulfilled-kickstarter-rewards/http://www.joystiq.com/2014/05/03/washington-state-files-suit-over-unfulfilled-kickstarter-rewards/http://www.joystiq.com/2014/05/03/washington-state-files-suit-over-unfulfilled-kickstarter-rewards/#comments The state of Washington has filed a lawsuit against Altius Management, the company behind the successfully-Kickstarted Asylum Playing Cards. Despite exceeding its initial goal of $15,000 by more than $10,000 in October 2012, rewards have allegedly failed to reach backers' hands. The suit seeks restitution for backers, the state's cost and attorney's fees, and $2,000 per violation of the Consumer Protection Act in civil penalties.

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

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

Continue reading Washington state files suit over unfulfilled Kickstarter rewards

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

Permalink | Email this | Comments]]>altius-managementasylum-playing-cardscrowdfundingkickstarterlawsuitlegalwashingtonSat, 03 May 2014 14:30:00 EST<![CDATA[Oculus accused of stealing ZeniMax IP [Update: Carmack responds]]]>http://www.joystiq.com/2014/05/01/oculus-accused-of-stealing-zenimax-ip/http://www.joystiq.com/2014/05/01/oculus-accused-of-stealing-zenimax-ip/http://www.joystiq.com/2014/05/01/oculus-accused-of-stealing-zenimax-ip/#comments [Update: John Carmack has responded to ZeniMax's claims. "No work I have ever done has been patented," he said. "Zenimax owns the code that I wrote, but they don't own VR."]

The Elder Scrolls series publisher ZeniMax Media is seeking compensation for the Oculus Rift VR headset technology following the recent departure of associated developer John Carmack, The Wall Street Journal reports.

ZeniMax alleges that Carmack performed "extensive VR research and development" while employed at ZeniMax, entitling the company to "ownership of key technology used by Oculus to develop and market the Oculus Rift." Carmack joined Oculus as Chief Technology Officer shortly before departing the ZeniMax-owned id Software last year.

ZeniMax notes that Carmack first contacted Oculus founder Palmer Luckey in 2012 regarding the company's virtual reality technology. While at ZeniMax, Carmack allegedly iterated on a prototype VR headset he received from Luckey, later demonstrating a modified version at a ZeniMax convention booth in Los Angeles.

Continue reading Oculus accused of stealing ZeniMax IP [Update: Carmack responds]

JoystiqOculus accused of stealing ZeniMax IP [Update: Carmack responds] originally appeared on Joystiq on Thu, 01 May 2014 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>bethesda-softworksipjohn-carmacklegaloculus-riftoculus-vrpczenimax-mediaThu, 01 May 2014 12:30:00 EST<![CDATA[3D Realms responds to Gearbox, claims it owns Duke Nukem trademark]]>http://www.joystiq.com/2014/03/27/3d-realms-responds-to-gearbox-claims-it-owns-duke-nukem-tradema/http://www.joystiq.com/2014/03/27/3d-realms-responds-to-gearbox-claims-it-owns-duke-nukem-tradema/http://www.joystiq.com/2014/03/27/3d-realms-responds-to-gearbox-claims-it-owns-duke-nukem-tradema/#comments 3D Realms isn't backing down from its most recent legal dispute with Gearbox, after the studio asserted it has the rights to develop its Duke Nukem game, and more than that, it has the sole rights to the Duke Nukem trademark.

Following 3D Realms' tease of Duke Nukem: Mass Destruction, Gearbox announced it's suing the developer over unauthorized use of the Duke Nukem property and a violation of trademarks. In its complaint, Gearbox said 3D Realms sold the franchise rights to Gearbox in 2010 but then "sought to privately convince others that the sale never happened."

3D Realms filed its response to Gearbox last week, and the now Interceptor-owned studio provided Polygon with the following statement explaining its position:
"On March 17, 2014, 3D Realms filed its answer to the complaint by Gearbox Software in Dallas, Texas. 3DR denies all allegations set forth in the complaint. In its answer, 3DR has submitted evidence showing that Gearbox at no point intended to enter into good faith negotiations but instead sought to force former owners, Scott Miller and George Broussard, to improperly surrender what rightfully belonged to 3DR.

"It is our position that 3DR retains the right to develop the tentatively titled "Duke Nukem Survivor" game for specific platforms. This game was previously licensed for development to Interceptor Entertainment. Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR."
A spokesperson for Interceptor Entertainment explained "Duke Nukem Survivor" is the tentative title for Duke Nukem: Mass Destruction. Interceptor provided its own statement to Polygon, adding that "It's unfortunate that Gearbox has shown no intention of finding a peaceful solution with us. We will however continue to work towards a solution."

Last month's legal action comes five months after 3D Realms and Gearbox's last dispute. 3D Realms filed a lawsuit against Gearbox in June 2013 over unpaid royalties from Duke Nukem Forever, only to withdraw it three months later after reviewing the evidence.
[Image: Interceptor Entertainment]

Joystiq3D Realms responds to Gearbox, claims it owns Duke Nukem trademark originally appeared on Joystiq on Thu, 27 Mar 2014 08:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3d-realmsapogeedisputeduke-nukemduke-nukem-mass-destructionduke-nukem-survivorgearboxinterceptor-entertainmentlegalThu, 27 Mar 2014 08:45:00 EST<![CDATA[King withdraws 'candy' trademark attempt [Update: King issues statement]]]>http://www.joystiq.com/2014/02/25/king-withdraws-candy-trademark-attempt/http://www.joystiq.com/2014/02/25/king-withdraws-candy-trademark-attempt/http://www.joystiq.com/2014/02/25/king-withdraws-candy-trademark-attempt/#comments Candy Crush Saga developer King has withdrawn its trademark application for the word "candy," reversing a controversial move and potentially leaving developers free to create candy-themed mobile games without fear of legal action.

King requested abandonment of its broad trademark on February 24, following a recent opposition statement from the International Game Developers Association. King's trademark was approved for publication in January.

"Our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion," a King representative stated following the trademark's publication approval.

The trademark application's complete history is documented under the "Prosecution History" subheading here at the United States Patent and Trademark Office website. King's related attempt to trademark the word "saga" remains under suspension.

[Update: A King spokesperson clarified the company's decision. "King has withdrawn its trademark application for Candy in the U.S., which we applied for in February 2013 before we acquired the early rights to Candy Crusher," the spokesperson said. "Each market that King operates in is different with regard to IP. We feel that having the rights to Candy Crusher is the best option for protecting Candy Crush in the U.S. market. This does not affect our E.U. trademark for Candy and we continue to take all appropriate steps to protect our IP."]

[Image: King]

JoystiqKing withdraws 'candy' trademark attempt [Update: King issues statement] originally appeared on Joystiq on Tue, 25 Feb 2014 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>androidcandy-crushcandy-crush-sagaiosipadiphonekinglegalmobiletrademarkTue, 25 Feb 2014 14:30:00 EST<![CDATA[Interceptor CEO on Duke Nukem case: We 'acted in good faith']]>http://www.joystiq.com/2014/02/24/interceptor-ceo-on-duke-nukem-case-we-acted-in-good-faith/http://www.joystiq.com/2014/02/24/interceptor-ceo-on-duke-nukem-case-we-acted-in-good-faith/http://www.joystiq.com/2014/02/24/interceptor-ceo-on-duke-nukem-case-we-acted-in-good-faith/#comments Interceptor CEO Frederik Schreiber has acknowledged yesterday's surprise lawsuit between Gearbox Software, the current license holder of the Duke Nukem franchise, and 3D Realms and Interceptor, the two studios currently collaborating on top-down shooter Duke Nukem: Mass Destruction.

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

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

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

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

Permalink | Email this | Comments]]>3d-realmsduke-nukemduke-nukem-foreverduke-nukem-mass-destructiongearboxinterceptorinterceptor-entertainmentlawsuitlegalMon, 24 Feb 2014 20:30:00 EST<![CDATA[UK retailer GAME forced to pay £3M in back rent fees]]>http://www.joystiq.com/2014/02/24/uk-retailer-game-forced-to-pay-3m-in-back-rent-fees/http://www.joystiq.com/2014/02/24/uk-retailer-game-forced-to-pay-3m-in-back-rent-fees/http://www.joystiq.com/2014/02/24/uk-retailer-game-forced-to-pay-3m-in-back-rent-fees/#comments British video games retailer GAME has lost a legal case filed by its landlords, and has been ordered to pay £3 million in rent fees accrued during its administration (bankruptcy equivalent) period in 2012, Retail Week reports.

GAME's landlords banded together last year in an attempt to recoup the retailer's missed rent payments, and the ruling sets a significant legal precedent. Under British law, administration often allows companies to avoid paying back rent fees incurred during insolvency.

"GAME's exposure following this decision is limited to a one-off liability of £3 million which has already been accounted for," a company spokesperson said in a follow-up statement, via MCV. "The real ramification of this decision is, however, that it will have a significant financial impact on all landlords, tenants and insolvency practitioners involved in current and future business insolvencies in this country."

GAME's administration in 2012 resulted in widespread employee job losses and the closure of its Australian division. A private investment firm purchased GAME afterward, ending its administration and saving 3,200 jobs across the retail sector.

The decision follows GAME's recent retail expansion, during which the company unveiled a new store chain focused exclusively on used game trade-ins. GAME plans to rejoin the stock market this year.

[Image: GAME]

JoystiqUK retailer GAME forced to pay £3M in back rent fees originally appeared on Joystiq on Mon, 24 Feb 2014 12:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>administrationbankruptcygamelegalretailukMon, 24 Feb 2014 12:30:00 EST<![CDATA[Nintendo prevails in latest 3DS patent scuffle]]>http://www.joystiq.com/2014/02/20/nintendo-prevails-in-latest-3ds-patent-scuffle/http://www.joystiq.com/2014/02/20/nintendo-prevails-in-latest-3ds-patent-scuffle/http://www.joystiq.com/2014/02/20/nintendo-prevails-in-latest-3ds-patent-scuffle/#comments The International Trade Commission has found in favor of Nintendo in a case involving three companies claiming the gaming giant infringed on their patents with the creation of the Nintendo DS and 3DS handhelds.

In 2012, Technology Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot Scientific Corporation - three companies specializing in patent licensing - filed suit against Nintendo, claiming that the company had infringed on a high-efficiency processor patent in the creation of its most recent handhelds. After nearly two years in court, Nintendo has emerged victorious.

"We are very pleased with the commission's determination, which confirmed the judge's finding that Nintendo's products do not infringe the asserted patent," said Nintendo of America vice president Richard Medway in a statement trumpeting the company's victory. "Nintendo's track record demonstrates that we vigorously defend patent lawsuits, including cases in the ITC, when we believe we have not infringed another party's patent. Nintendo continues to develop unique and innovative products while respecting the intellectual property rights of others."

That track record Medway mentions does indeed demonstrate that Nintendo is an ardent defender of its intellectual property rights, though the company's history in the courtroom is far from spotless. Less than a year ago, Nintendo was ordered to pay $30.2 million for infringing on a 3D display patent held by Seijiro Tomita.
[Image: Nintendo]

Continue reading Nintendo prevails in latest 3DS patent scuffle

JoystiqNintendo prevails in latest 3DS patent scuffle originally appeared on Joystiq on Thu, 20 Feb 2014 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dsdsinternational-trade-commissionlawlegalnintendopatentThu, 20 Feb 2014 13:00:00 EST<![CDATA[UltraCade founder gets two years in prison for game counterfeiting, bank fraud]]>http://www.joystiq.com/2014/01/27/ultracade-founder-gets-two-years-in-prison-for-game-counterfeiti/http://www.joystiq.com/2014/01/27/ultracade-founder-gets-two-years-in-prison-for-game-counterfeiti/http://www.joystiq.com/2014/01/27/ultracade-founder-gets-two-years-in-prison-for-game-counterfeiti/#comments UltraCade Technologies founder David R. Foley has been sentenced to two years in prison for fraud stemming from the illegal copying and selling of arcade game data.

UltraCade offers a lineup of full-size arcade cabinets outfitted with emulated games under license from publishers like Capcom, Midway, and Taito. UltraCade owners can add new games to their cabinet's playable roster by purchasing upgrade CDs and USB keys featuring titles pulled from individual publisher catalogs.

Founder Foley sold a portion of UltraCade's assets to arcade game manufacturer Global VR in 2006, and was later hired on as the company's CTO. A federal court accused Foley of selling counterfeit UltraCade game packs via eBay in 2009, leading to his dismissal from Global VR.

In 2012, Foley pleaded guilty to federal charges of conspiracy to defraud Global VR, and admitted to defrauding a bank out of a nearly $3 million loan by falsely claiming that he was still employed by the company after his departure.

JoystiqUltraCade founder gets two years in prison for game counterfeiting, bank fraud originally appeared on Joystiq on Mon, 27 Jan 2014 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>arcadeglobal-vrlegalsentencingultracadeMon, 27 Jan 2014 18:00:00 EST<![CDATA[Indie dev claims Candy Crush Saga publisher King copied its game]]>http://www.joystiq.com/2014/01/24/indie-dev-claims-candy-crush-saga-publisher-king-copied-its-game/http://www.joystiq.com/2014/01/24/indie-dev-claims-candy-crush-saga-publisher-king-copied-its-game/http://www.joystiq.com/2014/01/24/indie-dev-claims-candy-crush-saga-publisher-king-copied-its-game/#comments Indie developer Stolen Goose has leveled a public complaint against Candy Crush Saga publisher King.com, alleging that the casual games company deliberately cloned its game after a licensing deal fell through.

According to developer Matthew Cox, Stolen Goose pitched its enemy-avoiding game Scamperghost to King in 2009 but later backed out after striking a more lucrative licensing deal with a rival online games portal. King responded by publishing a clone of Scamperghost, doubling down on its similarity to Namco's Pac-Man by giving it the new title Pac-Avoid.

King claimed that it was looking into licensing similar games when the Scamperghost deal fell through, but Stolen Goose alleges that this turn of events was more than coincidence. Speaking with Pac-Avoid's developer, Stolen Goose learned that King ordered another indie studio to specifically clone Scamperghost, citing a nonexistent breach of contract as justification. According to Stolen Goose's report, the developer was additionally requested to finish its clone before Scamperghost could hit the market.

King trademarked the word "candy" this week in a bid to curb mobile clones of its hit Candy Crush Saga, and recently targeted The Banner Saga developer Stoic Studio over its use of the word "saga."

JoystiqIndie dev claims Candy Crush Saga publisher King copied its game originally appeared on Joystiq on Fri, 24 Jan 2014 12:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>candy-crush-sagaclonecloningkingking.comlegalpcFri, 24 Jan 2014 12:00:00 EST<![CDATA[Silicon Knights loses appeal for ruling on lawsuit with Epic Games]]>http://www.joystiq.com/2014/01/12/silicon-knights-loses-appeal-for-ruling-on-lawsuit-with-epic-gam/http://www.joystiq.com/2014/01/12/silicon-knights-loses-appeal-for-ruling-on-lawsuit-with-epic-gam/http://www.joystiq.com/2014/01/12/silicon-knights-loses-appeal-for-ruling-on-lawsuit-with-epic-gam/#comments
A United States Court of Appeals judge has upheld a lower court's decision concerning the legal battle between Silicon Knights and Epic Games. The post-trial motions for the previous ruling ordered Silicon Knights to destroy all unsold copies of their games that used Unreal Engine 3, which included Too Human and X-Men: Destiny. Epic was also awarded more than $9 million in the ruling - $4.45 million for damages, with the rest covering the studio's legal fees and prejudgment interest.

The dispute began back in 2007, when Silicon Knights claimed Epic delivered Unreal Engine 3 six months late while withholding a superior version just to be used for Epic's internal projects. Epic Games Vice President Mark Rein described the allegations as "unfounded and without merit," noting Epic's intention to defend themselves.

Silicon Knights' ability to pay the sentence is currently uncertain, as the studio followed the initial ruling by laying off "a small number of people." A report from last May also stated that the Silicon Knights offices were empty, with former studio head Denis Dyack gone and involved with a sequel to Silicon Knights' Eternal Darkness called Shadow of the Eternals. That project is an effort from Precursor Games and is uninvolved with Silicon Knights, but Precursor noted its team was "taking a break" in September and that the project is on hold after failing to meet funding goals.

JoystiqSilicon Knights loses appeal for ruling on lawsuit with Epic Games originally appeared on Joystiq on Sun, 12 Jan 2014 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appealcourt-of-appealsepic-gameslegalrejectionsilicon-knightsunreal-engineSun, 12 Jan 2014 18:00:00 EST<![CDATA[Nintendo wins Wii peripheral lawsuit, obtains suing company's patent portfolio]]>http://www.joystiq.com/2014/01/09/nintendo-wins-wii-peripheral-lawsuit-obtains-suing-companys-pa/http://www.joystiq.com/2014/01/09/nintendo-wins-wii-peripheral-lawsuit-obtains-suing-companys-pa/http://www.joystiq.com/2014/01/09/nintendo-wins-wii-peripheral-lawsuit-obtains-suing-companys-pa/#comments Nintendo has obtained the entire patent portfolio of exergaming company InterAction Laboratories (a.k.a. IA Labs) following an unsuccessful 2010 lawsuit alleging that Nintendo's Wii and its peripherals infringed on IA's patents.

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

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

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

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

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

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

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

Permalink | Email this | Comments]]>battlefield-4bugscrashDICEealawsuitlegalmicrosoftpcplaystationps3ps4surveyxboxxbox-oneMon, 06 Jan 2014 15:30:00 EST<![CDATA[EA finds itself in third law firm's iron sights over Battlefield 4 issues]]>http://www.joystiq.com/2013/12/21/ea-finds-itself-in-third-law-firms-iron-sights-over-battlefield/http://www.joystiq.com/2013/12/21/ea-finds-itself-in-third-law-firms-iron-sights-over-battlefield/http://www.joystiq.com/2013/12/21/ea-finds-itself-in-third-law-firms-iron-sights-over-battlefield/#comments EA has been under a lot of scrutiny lately. First, law firm Holzer Holzer & Fistel, LLC launched an investigation to uncover whether or not the company deliberately misled investors on the state of Battlefield 4 and the game's impact on company revenue. Then, law firm Robbins Geller Rudman & Dowd, LLP filed a class action lawsuit against the publisher. Now, law firm Bower Piven has likewise filed for a class action lawsuit, and is currently seeking a lead plaintiff.

Investors who lost more than $200,000 between July 24 and December 4 of this year have until February 17, 2014 to contact Bower Piven, should they wish to take up the mantle of lead plaintiff. The law firm alleges that EA violated the Securities Exchange Act of 1934 by failing to disclose the game's multitude of issues before release, which in turn left investors unable to make informed choices about their investments. EA's stock declined sharply following the announcement that future DICE projects would be put on hold until Battlefield 4 was fixed, hence Bower Piven's case.

This legal kerfuffle is starting to look like a regular battle(field).

JoystiqEA finds itself in third law firm's iron sights over Battlefield 4 issues originally appeared on Joystiq on Sat, 21 Dec 2013 10:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>battlefield-4class-action-lawsuitDICEeaea-diceinvestinglegalmicrosoftpcplaystationps3ps4sonyxboxxbox-oneSat, 21 Dec 2013 10:30:00 EST<![CDATA[Battlefield 4 targeted in class action lawsuit]]>http://www.joystiq.com/2013/12/19/battlefield-4-targeted-in-class-action-lawsuit/http://www.joystiq.com/2013/12/19/battlefield-4-targeted-in-class-action-lawsuit/http://www.joystiq.com/2013/12/19/battlefield-4-targeted-in-class-action-lawsuit/#comments Law firm Robbins Geller Rudman & Dowd LLP has filed a class action lawsuit against Electronic Arts alleging that the company issued "materially false and misleading statements" regarding the quality and playability of its troubled first-person shooter Battlefield 4.

Battlefield 4 has seen numerous patches in the weeks following its release, addressing major issues ranging from client crashes to save file corruption. The suit highlights the PlayStation 4 version of Battlefield 4 in particular, claiming that "players of Electronic Arts' games were being subjected to multiple glitches and significant crashes when attempting to play Electronic Arts' titles on PS4."

The Robbins Geller Rudman & Dowd suit marks the second time a law firm has targeted Electronic Arts over Battlefield 4 this month. Previously, Holzer Holzer & Fistel, LLC launched an investigation to determine whether EA misled investors regarding Battlefield 4's projected impact on company revenue. The results of this investigation have not yet been disclosed.

Individuals who purchased EA common stock between July 24 and December 4, 2013, have until February 15 to contact Robbins Geller for representation in the firm's class action lawsuit.

JoystiqBattlefield 4 targeted in class action lawsuit originally appeared on Joystiq on Thu, 19 Dec 2013 17:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>battlefield-4class-action-lawsuiteaea-diceelectronic-artslawsuitlegalmicrosoftpcplaystationps3ps4xboxxbox-oneThu, 19 Dec 2013 17:15:00 EST<![CDATA[Colbert tackles NSA spying in Second Life]]>http://www.joystiq.com/2013/12/17/colbert-tackles-nsa-spying-in-second-life/http://www.joystiq.com/2013/12/17/colbert-tackles-nsa-spying-in-second-life/http://www.joystiq.com/2013/12/17/colbert-tackles-nsa-spying-in-second-life/#comments Last week John Stewart had a chance to slam the NSA for trawling for terror suspects in World of Warcraft, and now it's Stephen Colbert's turn to poke fun at national law enforcement's new fixation on Second Life.

The issue here stems from recent NSA documents which paint the organization as keen to infiltrate massively multiplayer online games. It believes that the relatively free, open chat systems in these games are rife with potential terrorist activity, though so far they've found nothing concrete (or at least nothing the public is allowed to know about).

You'll find footage of Colbert's episode beyond the jump, but the best bits start at the 1:00 mark. Whether or not the NSA is collecting valuable information is questionable, but at least they look like they're having fun in that virtual club.

Unlike the earlier Daily Show report which was rife with factual errors about the millennia-old Dwarven civilization that effectively shaped modern Azeroth, Colbert's discussion of Second Life is pretty spot on, even if he fails to mention the millionaire-hunting, flying penis drones.

Continue reading Colbert tackles NSA spying in Second Life

JoystiqColbert tackles NSA spying in Second Life originally appeared on Joystiq on Tue, 17 Dec 2013 16:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>colbert-reportcomedy-centraldaily-showlawlegalmacnsapcstephen-colbertWorld-of-WarcraftTue, 17 Dec 2013 16:15:00 EST<![CDATA[Law firm investigating EA for allegedly misleading investors with Battlefield 4]]>http://www.joystiq.com/2013/12/11/law-firm-investigating-ea-for-allegedly-misleading-investors-wit/http://www.joystiq.com/2013/12/11/law-firm-investigating-ea-for-allegedly-misleading-investors-wit/http://www.joystiq.com/2013/12/11/law-firm-investigating-ea-for-allegedly-misleading-investors-wit/#comments Law firm Holzer Holzer & Fistel, LLC has launched an investigation to determine whether Electronic Arts deliberately misled investors regarding "the development and sales of the Company's Battlefield 4 video game and the game's impact on EA's revenue and projects moving forward."

The investigation targets public statements the company made regarding Battlefield 4 between July 24 and December 4 of this year. The firm requests contact from shareholders who purchased EA stock between these two dates for legal consultation.

Battlefield 4 saw a troubled launch, requiring several patches to fix lingering issues across multiple platforms. EA has since prioritized Battlefield 4 bugfixing within its DICE studio, putting the team's other projects on the backburner until the game's issues can be resolved.

Holzer Holzer & Fistel previously targeted now-defunct publisher THQ in an investigation alleging that the company withheld information from investors regarding decreased sales of its uDraw tablet.

JoystiqLaw firm investigating EA for allegedly misleading investors with Battlefield 4 originally appeared on Joystiq on Wed, 11 Dec 2013 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>battlefield-4investigationlegalmicrosoftplaystationps3ps4xboxxbox-oneWed, 11 Dec 2013 13:30:00 EST