Joystiq

Sony accepting claims on 2011 PSN data breach settlement

Earnest Cavalli — Mon, 26 Jan 2015 19:00:00 EST

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]

Sony 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.

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Nintendo and Philips resolve 'virtual body' dispute

Mike Suszek — Tue, 02 Dec 2014 21:30:00 EST

Nintendo and Philips resolved their patent disputes by signing a licensing agreement, the technology company announced. Per the agreement, both Nintendo and Philips will "cross-license portions of each company's patent portfolio." However, Philips did not disclose any other terms or financial details for the licensing agreement.

Philips filed a complaint against Nintendo in May, alleging that the video game maker infringed on Philips' patent '379, "Virtual Body Control Device." Philips said it sent notice of the alleged infringement to Nintendo in December 2011, claiming a second instance of infringement in May for patent '231, "User Interface System Based on Pointing Device." In June, a UK court found that Nintendo's reasons for developing various devices and controllers for its Wii, Wii U and DS consoles with both motion-sensing tech and cameras in it to be "unconvincing."

[Image: Nintendo]

Nintendo and Philips resolve 'virtual body' dispute originally appeared on Joystiq on Tue, 02 Dec 2014 21:30:00 EST. Please see our terms for use of feeds.

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Sony to refund Vita customers in FTC settlement over false ads

Jessica Conditt — Tue, 25 Nov 2014 13:05:00 EST

Sony Computer Entertainment America has settled with the FTC over charges that it produced false and misleading advertisement during the Vita's launch campaign from late 2011 to early 2012. Sony will provide refunds to Vita customers who purchased the device before June 1, 2012 - either a $25 cash or credit refund, or a $50 voucher for select games and services. Sony will email eligible customers after the settlement is finalized.

The FTC alleges that some of Sony's claims about the Vita were misleading, including that the Vita "would revolutionize gaming mobility" by enabling remote play and cross-platform play with the PS3, allowing players to start a game on PS3 and finish it on Vita. Sony is barred from similar advertising practices in the future.

The FTC alleges the following: "Sony claimed, for example, that PS Vita users could pause any PS3 game at any time and continue to play the game on their PS Vita from where they left off. This feature, however, was only available for a few PS3 games, and the pause-and-save capability described in the ads varied significantly from game to game.... Sony's PS Vita ads falsely implied that consumers who owned the 3G version of the device (which cost an extra $50 plus monthly fees) could engage in live, multi-player gaming through a 3G network. In fact, consumers could not engage in live, multiplayer gaming.... In reality, most PS3 games were not remote playable on the PS Vita."

Continue reading Sony to refund Vita customers in FTC settlement over false ads

Sony to refund Vita customers in FTC settlement over false ads originally appeared on Joystiq on Tue, 25 Nov 2014 13:05:00 EST. Please see our terms for use of feeds.

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Activision, Vivendi lawsuit settlement amounts to $275 million

Mike Suszek — Fri, 21 Nov 2014 13:00:00 EST

Activision Blizzard reached a settlement this week over a shareholder's lawsuit in regards to the Call of Duty publisher's October 2013 buyout. As a result, Vivendi and others will pay $275 million to Activision to settle the litigation, which began in August 2013 before Activision's $8.2 billion purchase of itself from Vivendi was completed. Under the settlement terms, Activision will also add two directors to its board and must change the terms of its voting rights.

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

[Image: Activision]

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

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Court approves settlement over Sony's 2011 PSN breach

Mike Suszek — Thu, 24 Jul 2014 11:32:00 EST

The US District Court for the Southern District of California approved a settlement for the class action lawsuit resulting from Sony's 2011 PSN data breach. The settlement may result in Sony doling out as much as $17.75 million, which includes an offer for one free game (PS3 or PSP only), three PS3 themes or credit for three months of PlayStation Plus membership (valid only for new subscribers).

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

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

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

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

Mike Suszek — Sun, 01 Jun 2014 16:30:00 EST

Student athletes whose likenesses were used in EA's NCAA football and basketball games will receive up to $951 for each year they were featured in the games, according to a proposed settlement being put forth for approval by a judge. While EA proposed a $40 million settlement in September 2013 for its ongoing litigation with student athletes over its college sports series stemming back to May 2009, it hasn't been clear how that money would divide among the parties in the lawsuit until now.

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

[Image: EA Sports]

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

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

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College football settlement costs EA another $8 million

Mike Suszek — Tue, 06 May 2014 16:40:00 EST

When EA settled its ongoing litigation with student athletes in September 2013 related to its NCAA Basketball and Football video games, its expenses amounted to $40 million. Now, it is tacking on $8 million more in expected expenses for fiscal 2014, bringing the total to $48 million, according to the company's year-end financial results.

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

[Image: EA]

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

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King crushes trademark dispute with Banner Saga, CandySwipe devs

Mike Suszek — Fri, 18 Apr 2014 16:30:00 EST

Candy Crush Saga developer King settled trademark disputes with The Banner Saga developer Stoic Studio and CandySwipe developer Runsome Apps, according to updates from both studios.

"Stoic is pleased to have come to an agreement with King regarding Stoic's The Banner Saga trademark, which enables both parties to protect their respective trademarks now and in the future," Stoic Studio wrote, referring to the ongoing tension between the two developers over the term "saga." King said in January that it wasn't against The Banner Saga's name, though its legal opposition to Stoic's own trademark filing remained. At the time, Stoic said it would make another "saga" game regardless of King's trademark.

Runsome Apps wrote that it is withdrawing its opposition to King's trademark for "candy," and the Candy Crush Saga developer is pulling its counterclaim against Runsome Apps. "I have learned that they picked the Candy Crush name before I released my game and that they were never trying to take my game away," the developer wrote. "Both our games can continue to coexist without confusing players." King withdrew its application to trademark "candy" in the U.S. in February, and saw opposition to its European trademark for the word in March from Cut the Rope developer ZeptoLab.

Continue reading King crushes trademark dispute with Banner Saga, CandySwipe devs

King crushes trademark dispute with Banner Saga, CandySwipe devs originally appeared on Joystiq on Fri, 18 Apr 2014 16:30:00 EST. Please see our terms for use of feeds.

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Report: EA requested college athlete likenesses prior to NCAA lawsuit

Mike Suszek — Fri, 28 Feb 2014 18:30:00 EST

The NCAA reportedly considered licensing the names and likeness of student athletes to Electronic Arts for its college sports games before the publisher faced its class action suit led by Nebraska quarterback Sam Keller in May 2009. Documents from the ongoing Ed O'Bannon v. NCAA lawsuit reveal that EA sought to depict the athletes "just as they are shown on TV broadcasts" as of 2007, AL.com reported.

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

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

[Image: NCAA]

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

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Apple settles with FTC, agrees to pay out $32.5 million to customers in IAP suit

Danny Cowan — Wed, 15 Jan 2014 17:00:00 EST

Apple has agreed to issue more than $32.5 million in refunds to iTunes App Store customers who incurred unwanted in-app purchase fees within kids' mobile apps, settling a complaint registered by the Federal Trade Commission.

The FTC's complaint found that Apple "does not inform account holders that entering their password will open a 15-minute window in which children can incur unlimited charges with no further action from the account holder." As a result, many parents racked up significant iTunes bills when their children took advantage of the loophole to purchase virtual items, currency, and other in-game bonuses without permission.

The FTC notes that Apple has received "tens of thousands of complaints" from affected parents in the years following the App Store's launch. One child reportedly spent $2,600 of her mother's money in Tap Pet Hotel, and several parents were hit with hundreds of dollars in fees after their children played games like Dragon Story and Tiny Zoo Friends.

The UK's Office of Fair Trading levied similar complaints last year when it launched an investigation targeting pressured purchases in childrens' apps. Apple previously issued over $100 million in iTunes gift certificates to reimburse unwanted fees from Capcom's microtransaction-supported Smurf Village.

Apple settles with FTC, agrees to pay out $32.5 million to customers in IAP suit originally appeared on Joystiq on Wed, 15 Jan 2014 17:00:00 EST. Please see our terms for use of feeds.

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Report: EA to pay $40 million in student athlete settlement

Mike Suszek — Fri, 27 Sep 2013 15:00:00 EST

Electronic Arts' settlement in the ongoing student athlete lawsuits dating back to 2009, filed yesterday, amounts to a $40 million, The New York Times reports. The settlement was announced after EA Sports GM of American Football Cam Weber revealed that the publisher's 2014 college football game has been canceled.

Among the cancellation of next year's game and the re-evaluation of its college football series, Weber said the publisher has "been stuck in the middle of a dispute between the NCAA and student-athletes who seek compensation for playing college football." While there's no word on how the settlement amount will be divided among the class, it will reportedly cost EA $40 million.

We've contacted the Lanier Law Firm's attorney on the case and EA for confirmation, and we will update as we learn more.

Report: EA to pay $40 million in student athlete settlement originally appeared on Joystiq on Fri, 27 Sep 2013 15:00:00 EST. Please see our terms for use of feeds.

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Zynga settles data theft suit with former employee

Danny Cowan — Thu, 12 Sep 2013 17:30:00 EST

Social game publisher Zynga has settled its lawsuit against former Cityville general manager Alan Patmore over alleged theft of company secrets. The terms of the settlement were not disclosed.

Zynga filed the suit in October of last year, accusing Patmore of copying more than 760 files containing "confidential game designs from teams around the company" to his Dropbox account before departing for his current position as the vice president of product at rival online game producer Kixeye.

"I accept responsibility for making a serious mistake by copying and taking Zynga confidential information when I resigned from Zynga," Patmore said in a statement today. "I understand the consequences of my actions and I sincerely apologize to Zynga and my former colleagues."

TechCrunch reports that the two companies issued a joint statement yesterday: "Zynga Inc. and KIXEYE Inc. have reached a mutually agreeable settlement of their litigation involving Alan Patmore in San Francisco Superior Court."

Zynga settles data theft suit with former employee originally appeared on Joystiq on Thu, 12 Sep 2013 17:30:00 EST. Please see our terms for use of feeds.

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EA settles Battlefield 3 and Textron helicopter lawsuit

Jordan Mallory — Fri, 16 Aug 2013 19:00:00 EST

Electronic Arts has settled a lawsuit between itself and industrial conglomerate Textron, concerning three models of helicopter made by Textron aerospace subsidiary Bell Helicopter: The AH-1Z Viper, UH-1Y Venom and V-22 Osprey. The terms of the private, out-of-court settlement remain unknown, though the case itself has been dismissed with prejudice, Patent Arcade reports.

The suit, which has been ongoing since last year, was originally filed by EA as a preventative tactical measure, after Textron sent a cease-and-desist letter over the unlicensed existence of its helicopters in Battlefield 3. EA claimed that its usage of these aircraft was covered by fair use policies and the First Amendment, and therefore did not require any sort of licensing agreement.

Later that year, Textron responded with its own counterclaims, alleging that EA was guilty of trademark infringement and various other statutory transgressions under California law. EA then tried to have the suit dismissed, but was unsuccessful.

EA settles Battlefield 3 and Textron helicopter lawsuit originally appeared on Joystiq on Fri, 16 Aug 2013 19:00:00 EST. Please see our terms for use of feeds.

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Court extends claims period on $27 million EA Sports settlement

Mike Schramm — Mon, 15 Apr 2013 18:45:00 EST

The United States Federal District Court for the Northern District of California has sent word that it has modified the settlement distribution plan and certified the ongoing lawsuit against Electronic Arts and its exclusive NFL, NCAA, and AFL licenses. Because fewer than expected claims have been filed, the court has extended the claim period from this past March to May 15, 2013.

If you've already filed a claim, you're good to go, and the court says this agreement won't decrease your portion of the settlement. If you haven't filed a claim yet, aren't an EA employee, and bought a Madden NFL, NCAA Football, or Arena Football game for Xbox, Xbox 360, PlayStation 2 or 3, the GameCube, or the Wii between January 1, 2005 and June 21, 2012, you can file a claim on the website and still be eligible to receive some compensation.

This decision does not mean the court has agreed to any wrongdoing on EA's part, and EA itself still denies the claims that these exclusive licenses were anything but "legal and proper," according to the notice. But EA says that it is filing this settlement "solely to eliminate the uncertainties, burden, and expense of further protracted litigation."

Court extends claims period on $27 million EA Sports settlement originally appeared on Joystiq on Mon, 15 Apr 2013 18:45:00 EST. Please see our terms for use of feeds.

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Report: Activision may have paid 'tens of millions' to West, Zampella

Jessica Conditt — Mon, 30 Jul 2012 18:30:00 EST

When ex-Infinity Ward employees Jason West and Vince Zampella settled their lawsuit with Activision, it was sudden, shocking, and most of all, secret. Activision paid out an undisclosed sum to West and Zampella just before a full trial was set to begin, and while it is expected the exact amount may never be made public, experts can still make an educated guess.

Financial analyst Doug Creutz of Cowen and Company posits that the settlement was worth "tens of millions," Gamespot reports. Considering Activision paid out $42 million to the Infinity Ward Employee Group as part of a separate lawsuit, and West and Zampella were seeking $1 billion when the case reached its bitter peak, this ballpark figure checks out.

Activision will report earnings on Thursday, August 2, and Creutz says he expects investors will ignore the impact of the settlement on Activision's bottom line.

Report: Activision may have paid 'tens of millions' to West, Zampella originally appeared on Joystiq on Mon, 30 Jul 2012 18:30:00 EST. Please see our terms for use of feeds.

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EA files $27 million settlement in lawsuit, cannot renew current NCAA license [Update]

Mike Suszek — Sat, 21 Jul 2012 18:00:00 EST

Electronic Arts reached a settlement in a class action lawsuit that dates back to 2008 for $27 million, and will be unable to renew its exclusive agreement with the NCAA, providing the court upholds the settlement terms.

The original lawsuit claimed that EA violated antitrust laws by entering exclusive license agreements with the NFL, NCAA, and AFL. The $27 million settlement fund proposed by EA would, in part, benefit those that purchased any EA Sports football game from January 2005 to today. Specifically, customers that bought any of the included GameCube, Xbox, and PS2 games may get up to $6.79 per game, and $1.95 per Wii, Xbox 360, and PS3 game.

EA also agreed to stipulations on future license agreements as part of the proposed settlement, as it will not make any exclusive licensing deals with the AFL for five years, and will not renew its current agreement with the NCAA. Additionally, EA won't be able to enter another exclusive licensing agreement with the NCAA for five years. The company's exclusive NFL trademark licensing deal remains untouched in the proposed settlement, which awaits final approval by the court on September 27.

Update: As a clarification, EA Sports' future NCAA license will be non-exclusive. EA sent us the following statement: "We made a business decision to settle this lawsuit and put the matter behind us. We look forward to continuing our partnerships with the NFL and NCAA."

Continue reading EA files $27 million settlement in lawsuit, cannot renew current NCAA license [Update]

EA files $27 million settlement in lawsuit, cannot renew current NCAA license [Update] originally appeared on Joystiq on Sat, 21 Jul 2012 18:00:00 EST. Please see our terms for use of feeds.

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

Richard Mitchell — Wed, 28 Mar 2012 13:00:00 EST

THQ and Adidas have settled their $10.6 million lawsuit over the fitness game miCoach 24/7, reports Gamesta. A THQ representative informed the site that THQ will not be publishing miCoach. Details regarding the settlement are scarce, though an Adidas representative noted that the companies "amicably resolved the dispute, which will allow Adidas to get the miCoach game to market without delay and without compromising any of its unique features." Furthermore, "each party was recognized for and compensated for their important contributions to the game."

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

We've contacted THQ for confirmation and further details.

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

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

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

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Zynga and Playdom hug it out, trade secret lawsuit settled

Ben Gilbert — Sat, 27 Nov 2010 11:30:00 EST

Zynga and Disney-owned Playdom have reportedly reached a settlement in their 2009 legal dispute over an alleged conspiracy by Playdom to hire Zynga employees and retrieve Zynga's "playbook" -- a book Zynga described as "the company's key and collective efforts to develop and fit games to the social networking platform in the most successful manner ... It is a 'how-to' manual that belongs to Zynga." Next-Gen.biz confirmed the settlement with Zynga, though neither Disney nor Zynga provided details of the arrangement.

Zynga did, however, issue a statement stating that it's "extremely pleased with the final resolution of its trade secret suit against Playdom and various individuals." The company added, "The settlement reflects the very serious nature of the conduct involved, as reflected by the preliminary injunction, restraining orders, and contempt order issued by the Santa Clara Superior Court. We have great respect for Disney and are thankful that following its acquisition of Playdom, Disney resolved the matter to our satisfaction." We have to imagine Disney sent over at least five or six Mickey Mouse hats to really seal the deal.

Zynga and Playdom hug it out, trade secret lawsuit settled originally appeared on Joystiq on Sat, 27 Nov 2010 11:30:00 EST. Please see our terms for use of feeds.

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SouthPeak says CDV dispute is resolved, wasn't cheap

Mike Schramm — Fri, 15 Oct 2010 02:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

SouthPeak Games CEO Melanie Mroz told investors this week that the ongoing legal argument between her company and distributor CDV has been resolved, and while full terms of the agreement weren't released, SouthPeak attributes a solid chunk of its $5.8 million in losses to the legal issues. Mroz says "the litigation costs of $3.2 and 3 million" that the company had to pay "were mainly related to CDV."

Next up, the company wants to "put these matters behind us and continue to focus on our business and future growth," but not without My Baby. SouthPeak is still embroiled in the fight over that title with Nobilis and Majesco. Chairman Terry Phillips says that SouthPeak feels the My Baby title "is our series, so we're still hoping that that can happen."

SouthPeak says CDV dispute is resolved, wasn't cheap originally appeared on Joystiq on Fri, 15 Oct 2010 02:00:00 EST. Please see our terms for use of feeds.

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Rock Band lawsuit settled; Konami and Harmonix dismiss 'all claims and counterclaims'

James Ransom-Wiley — Fri, 17 Sep 2010 23:30:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

Konami and Harmonix have settled their dispute originating in a 2008 lawsuit launched by Konami, reports Bloomberg. According to a filing in federal court in Texas this week, the two parties agreed to dismiss "all claims and counterclaims" in the suit, which alleged that Harmonix's Rock Band infringed upon patents owned by Konami.

Additionally, a 2009 countersuit by parent company Viacom on behalf of Harmonix was dropped yesterday in a filing in federal court in Boston. The terms of the agreement between Konami and Harmonix were not disclosed -- but we do so badly hope they involved a rooftop, two ninjas and a mean jam session.

Rock Band lawsuit settled; Konami and Harmonix dismiss 'all claims and counterclaims' originally appeared on Joystiq on Fri, 17 Sep 2010 23:30:00 EST. Please see our terms for use of feeds.

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Apogee and Take-Two settle Duke Nukem Forever lawsuit

Andrew Yoon — Fri, 11 Jun 2010 12:30:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

After Duke Nukem Forever's lengthy (and often mocked) development ended without a retail product, developer Apogee and publisher Take-Two played the blame game in court. A lawsuit, and subsequent countersuit, held serious accusations against both: Take-Two demanded compensation for lost money loaned to the developer, while Apogee claimed pressure to sell the IP for "less than their true value."

While details of the litigation aren't made clear in this court filing, it appears both companies have accepted a settlement, with all accusations "dismissed with prejudice" -- in other words, neither Take-Two nor Apogee will be able to bring this action to court again. According to the document, "each party is to bear its own portion of the costs of this litigation."

Apogee and Take-Two settle Duke Nukem Forever lawsuit originally appeared on Joystiq on Fri, 11 Jun 2010 12:30:00 EST. Please see our terms for use of feeds.

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Itagaki's suit against Tecmo ends in settlement

JC Fletcher — Fri, 26 Feb 2010 10:58:00 EST

Finally, Tomonobu Itagaki can have a restful night of sleep in his sunglasses. The ongoing legal dispute between the Dead or Alive creator and former employer Tecmo, over unpaid salary and bonuses, has ended in a settlement. Itagaki announced the resolution of the dispute in a public statement.

Itagaki didn't specify the terms, but we can only imagine a copy of Dead or Alive Paradise was involved. "How could I resist?" we imagine him saying, "It's my own private paradise, in the palm of my hand!"

As for things Itagaki actually said, the statement (per Andriasang's translation) revealed that he's working on something new: "I cannot wait for the day when I can announce to everyone the new title that I'm currently conceiving." Itagaki's aiming for "world class entertainment" with "a greater depth of play than before."

Itagaki's suit against Tecmo ends in settlement originally appeared on Joystiq on Fri, 26 Feb 2010 10:58:00 EST. Please see our terms for use of feeds.

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Take-Two (finally) settles with investors for $20m over 'Hot Coffee' losses

Randy Nelson — Tue, 01 Sep 2009 18:30:00 EST

Take-Two has settled a class action lawsuit filed against it way back in 2006 by investors claiming the publisher intentionally hid the infamous "Hot Coffee" content in Grand Theft Auto: San Andreas in order to avoid an "Adults Only" rating from the ESRB. According to the original complaint, once the content was discovered (Take-Two originally claimed it wasn't actually on the disc) the game was reclassified to "AO" and company stock dropped, costing the plaintiffs a whole lot of beans. The suit also claimed that Take-Two provided misleading investor guidance, leading to more plaintiff losses.

According to Take-Two, class members will receive a share of a $20.1 million settlement. (Investors had originally demanded a jury trial and an undisclosed amount to cover their losses, attorney fees, etc.) In a prepared statement, Take-Two chairman Strauss Zelnick said, "We are pleased to have reached this settlement, which represents another important step forward for the Company." Not as pleased as the plaintiffs are, we bet.

[Image credit: Kanko]

Take-Two (finally) settles with investors for $20m over 'Hot Coffee' losses originally appeared on Joystiq on Tue, 01 Sep 2009 18:30:00 EST. Please see our terms for use of feeds.

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Activision and Gibson settle Guitar Hero patent lawsuit

Ben Gilbert — Sat, 25 Apr 2009 21:30:00 EST

Earlier this month, Activision and Gibson Guitar Corporation (the guitar manufacturer) settled the year-old litigation over a patent dispute, according to court documents obtained by Gamastura. With all the lawsuits we've been writing about recently, you'd think we'd see more posts like this every once in a while, right?

The terms of the settlement haven't been released as of yet and we've requested comment from both companies. Confusing the situation even more is Gibson's recent loss in ... umm ... another case with the publisher, we suppose? Perhaps the two companies will explain.

Activision remains engaged on another music/rhythm game front with Genius Products ... via 7 Studios, its development studio, over Scratch: The Ultimate DJ. Like us, you'll just have to wait patiently until the tantalizing results of that lawsuit come to light.

Activision and Gibson settle Guitar Hero patent lawsuit originally appeared on Joystiq on Sat, 25 Apr 2009 21:30:00 EST. Please see our terms for use of feeds.

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Bethesda settles stolen games dispute with retailer

David Hinkle — Wed, 08 Apr 2009 01:30:00 EST

British retailer Awesome Games recently came under fire for some copies of Fallout 3 it had purchased. Believed to be imported stock, the fact that the title had yet to release did not clue in Awesome Games to the potential origins of these copies of Fallout 3, which developer Bethesda believed to be stolen. Now, the two have managed to settle the dispute out of court, with Awesome Games owner Ahnes Qureshi paying monetary damages to Bethesda and an injunction being placed that would prevent the retailer from infringing on Bethesda's properties in the future.

It's a much more peaceful resolution than what we had in mind, really, which involved hanging chainsaws and dog whistles.

Bethesda settles stolen games dispute with retailer originally appeared on Joystiq on Wed, 08 Apr 2009 01:30:00 EST. Please see our terms for use of feeds.

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Microsoft settles homophobia complaint from former Lionhead developer

Alexander Sliwinski — Mon, 06 Apr 2009 12:01:00 EST

The queer sexual discrimination case of Jamie Durrant against Microsoft has ended in an "amicable resolution." PinkNews reports a settlement has been reached by the two parties, with no financial figures revealed and Durrant no longer continuing his employment at Lionhead Studios as part of the agreement. Durrant had been "sick" and on half-pay since last August from the Molyneux studio due to "anxiety and depression."

When contacted for comment about the conclusion of the case, Durrant responded, "I really can't comment on it apart to say that it was resolved amicably."

Despite the Durrant issue and an alleged incident involving a lesbian being banned from Xbox Live, Microsoft appears to still have the support of GLBT political organizations. The Human Rights Campaign's Corporate Equality Index gave the company the highest score possible in its latest review. So far, these discrimination incidents appear to be tempests in a teapot.

[Via GamePolitics]

Microsoft settles homophobia complaint from former Lionhead developer originally appeared on Joystiq on Mon, 06 Apr 2009 12:01:00 EST. Please see our terms for use of feeds.

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Take-Two settles for $3M over old SEC investigation

Alexander Sliwinski — Thu, 02 Apr 2009 12:44:00 EST

Take-Two has agreed to settle for $3 million in a stock-option backdating scheme conducted by the company over a decade ago -- by folks that were punished and haven't been part of the company in years. Take-Two announced years ago that it would pursue the settlement route, accepting the corporate version of pleading "no contest," as the publisher did not admit nor deny the SEC allegations.

In fairness, Take-Two appears to be a very different company under the muscled shadow of Strauss Zelnick, compared to the darker days of Paul Eibeler. Think of this whole incident like the time your uncle got really drunk at Christmas and ... well, you know. Point is: the family has moved on and tries not to remember that.

[Via Gamespot]

Take-Two settles for $3M over old SEC investigation originally appeared on Joystiq on Thu, 02 Apr 2009 12:44:00 EST. Please see our terms for use of feeds.

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Microsoft settles Paltalk copyright infringement suit

Griffin McElroy — Mon, 16 Mar 2009 19:45:00 EST

While we were gearing up for an epic, The Firm-esque judicial showdown, it seems Microsoft has settled the lawsuit filed against it by PalTalk Holdings, who claimed certain components of Xbox Live infringe upon two of their patents. Neither company announced how much Microsoft forked over in the settlement -- we assume it was significantly less than the exorbitant $90 million in damages PalTalk was seeking. While we don't know the particulars of how money changed hands in the settlement, a Microsoft spokesperson confirmed it was an "amicable agreement," so it's pretty safe to assume that hugs were exchanged.

[Via CVG]

[image]

Microsoft settles Paltalk copyright infringement suit originally appeared on Joystiq on Mon, 16 Mar 2009 19:45:00 EST. Please see our terms for use of feeds.

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Paramount and Puzo estate settle Godfather game lawsuit

Griffin McElroy — Sun, 08 Feb 2009 16:00:00 EST

Filed under: Culture, Action

A lawsuit filed against Paramount Pictures by the Mario Puzo estate, which claims that the company owes $1 million to the deceased writer's family for sales and rentals of the 2006 video game adaptation of The Godfather, was settled out of court Friday. Electronic Arts, developer and publisher of the title, wasn't involved in the suit, as Paramount was responsible for handling the film's licensing rights. The terms of the settlement have yet to be explicitly explained, but we're guessing Paramount made the Puzo estate an offer that they found impossible to turn down. Wait, we mean -- dammit!

Paramount and Puzo estate settle Godfather game lawsuit originally appeared on Joystiq on Sun, 08 Feb 2009 16:00:00 EST. Please see our terms for use of feeds.

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Activision settles suit over Wii Guitar Hero's mono sound

Kyle Orland — Tue, 08 Apr 2008 14:30:00 EST

Filed under: Nintendo Wii, Rhythm

Those replacement discs and free guitar faceplates that Activision has been sending to jilted, mono-version buyers of Wii's Guitar Hero III are now enshrined in law. Gamespot is reporting that the publisher has officially settled the class-action lawsuit brought late last year by gamers who were angry over getting fewer sound channels than they were promised by the game's marketing and packaging.

The settlement stipulates that wronged parties will be able to get a replacement disc and a free faceplate through Aug. 31. It might not quite be the full profit stripping that the original suit sought, but we suppose it is something to have the replacement program enshrined in the law.

Activision settles suit over Wii Guitar Hero's mono sound originally appeared on Joystiq on Tue, 08 Apr 2008 14:30:00 EST. Please see our terms for use of feeds.

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Activision settles Guitar Hero III class action suit

Candace Savino — Tue, 08 Apr 2008 11:15:00 EST

Activision has been dealing with the anger of Guitar Hero III owners, which culminated four months ago in a class action lawsuit. The plaintiff, Sam Livingston, filed the suit against Activision because of the company's "deceptive" conduct regarding the lack of Dolby Pro Logic II.

Instead of letting the case get to court, though, Activision decided to offer a settlement. The amount of cash that exchanged hands in the deal was not made public, but we bet a check will be more satisfying than a complimentary faceplate. Oh, and speaking of those? They were actually less of an act of kindness on Activision's part, and more of a required legal stipulation from the settlement.

Even though Activision probably lost a whole lot of pennies in order to settle, we're sure the company is happy that there's now one less lawsuit to worry about this year.

[Via Game|Life]

Activision settles Guitar Hero III class action suit originally appeared on Joystiq on Tue, 08 Apr 2008 11:15:00 EST. Please see our terms for use of feeds.

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A year in Xbox 360 failures: 2007 Edition

Alexander Sliwinski — Tue, 01 Jan 2008 23:30:00 EST

Filed under: Culture, Microsoft Xbox 360, Meta (about Joystiq), Business

We enter 2008 with the current lifetime Xbox 360 failure rate at Joystiq standing at almost 100% -- we currently have one last man's console standing. Yup, that's right, and for those of you paying attention we hit 90% last month. A few of us experienced issues back in 2006, but almost every person on staff (including those who've left for other opportunities) -- with the exception of The One -- have experienced a Red Ring of Death, disc drive failure, or other non-user-error console bricking incident. There's no denying at this point that as much as we love the games, the Xbox 360 is the most defective console ever manufactured.

Check after the break for the staff's experiences with their bricked consoles. Like former Microsoft executive Peter Moore explained earlier this year, when failure is practically guaranteed at some point, all we can do is focus on the repair service.

Continue reading A year in Xbox 360 failures: 2007 Edition

A year in Xbox 360 failures: 2007 Edition originally appeared on Joystiq on Tue, 01 Jan 2008 23:30:00 EST. Please see our terms for use of feeds.

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Take-Two warns Jack Thompson to back down ... again

Alexander Sliwinski — Fri, 31 Aug 2007 12:15:00 EST

Filed under: Culture, Sony PlayStation 2, Nintendo Wii

And the Jack came back, the very next day. Yes, the Jack came back, they thought he was a goner, but the Jack came back -- he just couldn't stay away. In April, Jack Thompson entered into an agreement with Take-Two to essentially back down from his constant harassment of them, in exchange they would not continue their legal actions which could get him jailed or disbarred. In late June, the signs were already there that the agreement was starting to fall apart. Now GamePolitics has an exchange between Take-Two and Thompson, which Thompson made public, showing how the original agreement meant nothing.

If you've never witnessed a Thompson email exchange, you should definitely head over to GP and soak in the madness and try to hold back saying aloud, "You must be kidding me?" The exchange is between Thompson and Gena Feist, Take-Two's VP and Associate General Counsel. Thompson says some inflammatory things, Feist responds -- eventually getting to the point where she knows she can't reason with him. Feist writes, "We entered into the settlement agreement because we did not want to engage in unnecessary litigation with you, but I assure you that we will enforce the terms of the agreement if necessary and that any suit will include a claim for our legal fees under paragraph 11." That's legal talk for "sit down and shut up." Maybe with all the BioShock money Take-Two is making they can afford to finally end this legal bout once and for all.

Oh, and in case you have no idea where the image comes from, we've placed the video after the break. We find it appropriate.

Continue reading Take-Two warns Jack Thompson to back down ... again

Take-Two warns Jack Thompson to back down ... again originally appeared on Joystiq on Fri, 31 Aug 2007 12:15:00 EST. Please see our terms for use of feeds.

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OJ gotta give All-Pro Football 2K8 money to Goldmans

Alexander Sliwinski — Tue, 07 Aug 2007 19:55:00 EST

Filed under: Culture, Microsoft Xbox 360, Sports

Thanks to GameTrailers.com's self-made video of OJ Simpson playing on a team called The Assassins in 2K Sport's All-Pro Football 2K8, Reuters linked the two together in the first paragraph of a story on how the relatives of murder victim Ron Goldman won a court order today to seize all money Simpson makes off the game. Simpson was aquitted of Goldman's murder in a trial many moons ago, but lost the wrongful death suit where he was ordered to pay $33.5 million.

For those just catching up, we explained this Assassins connection away weeks ago when the controvery first broke. Simpson can be placed on any team, GameTrailers (either for yucks or accidentally) made a video of Simpson on a team called The Assassins. At the time 2K Sports clearly stated that they had nothing to do with the video and it was not created by their marketing or publicity department. Some people still got all uppity about it. Simpson has been ordered by the court to turn over copies of his Take-Two contract and any related documents.

[Thanks Fyreblazer]

OJ gotta give All-Pro Football 2K8 money to Goldmans originally appeared on Joystiq on Tue, 07 Aug 2007 19:55:00 EST. Please see our terms for use of feeds.

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Microsoft settles individual Xbox 360 bricking

Alexander Sliwinski — Mon, 06 Aug 2007 17:25:00 EST

Filed under: Microsoft Xbox 360, Business

Next-Gen reports that in mid-July Microsoft settled with Kevin Ray, a California resident, regarding his Xbox 360 lawsuit. Ray originally filed a class action lawsuit against Microsoft saying that their Oct. firmware update bricked his system. The case was settled out of court and dealt individually instead of a class action suit. Ray originally sought $5 million when it was a class action suit and Microsoft has since repaired his Xbox for free.

Although the October update may have killed Ray's system, it was probably just coincidence and the straw which broke his Xbox 360's already calcium-deficient back. In time we may learn what kills Xbox 360s, but for now it could be anything.

Microsoft settles individual Xbox 360 bricking originally appeared on Joystiq on Mon, 06 Aug 2007 17:25:00 EST. Please see our terms for use of feeds.

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Sony to cough up $8.5m settlement, devs finally get paid

James Ransom-Wiley — Wed, 27 Jun 2007 17:57:00 EST

Filed under: Culture, Sony PlayStation 2, Sony PlayStation 3, Sony PSP, Business

The law offices of Shapiro, Haber & Urmy have publicized the settlement terms of a class action lawsuit filed against SCEA in February 2005, which alleged that the company failed to compensate a number of game developers for overtime work. The settlement will see $8.5 million paid out to current and former employees involved in the suit, and, along with the overdue checks, Sony will "reclassify" Associate Artists and Artist 1s as nonexempt (from overtime pay) job positions. Under the terms, Sony will uphold its denial of the allegations, admitting to no wrongdoing. Ah, formalities...

The settlement is still pending court approval. Regardless, the deal would be called off if for some unimaginable reason (it's "free" money, people!) enough class members opted out.

Sony to cough up $8.5m settlement, devs finally get paid originally appeared on Joystiq on Wed, 27 Jun 2007 17:57:00 EST. Please see our terms for use of feeds.

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