While Certain NES patents have expired, others have not. Expired patents do not negated copyright, trade-mark and trade secret protections.
Source: GamaSutra Feature

By: Dale Dietrich
Court cases on various video game law issues.
While Certain NES patents have expired, others have not. Expired patents do not negated copyright, trade-mark and trade secret protections.
Source: GamaSutra Feature
Text of Preliminary Injunction
District Court judge prevents ban on sales of violent games to minors from taking effect, says the act is “unlikely to survive strict scrutiny.
Sources: Gamespot | GameDaily.biz | Gamasutra | Next-gen.biz | 1Up.com
GamePolitics Full Coverage Of Michigan’s Violent Video Game Law
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Atari is being sued by RollerCoaster Tycoon developer Chris Sawyer for between $4.8 & $5.2 M U.S. (depending on the report) plus interest in alleged unpaid royalties. Sawyer alleges Atari breached its contract by failing to to give his auditors access to Atari’s accounts between 1999-2001.
Sources: CNet | GameIndustry.biz | The Inquirer
Game developer Chris Sawyer is suing Atari for $5 million U.S.D. after forensic accountant audited reveals royalty payment shortfalls. Atari had petitioned the British High Court to choose New York as the appropriate forum. The court disagreed and the case will proceed in Britain.
Sources: Gamasutra | gamingindustry.biz | Gamespot | GameDaily
Sony likely to change its PS3 region coding practice after loosing Australian modding decision.
Dale’s Comment: While Sony may be able to limit or remove region coding technology for PS3-based video games, they will not have the legal right to remove region-coding from regular DVD and Blu-ray DVD movies that will also be playable in the PS3.
Sources: Australian IT | CVG | joystiq | neoseeker | The Register UK | PS3 Today
Controversial lawyer representing families of two police officers killed by GTA-playing Devin Moore, removed himself from GTA case following allegations of professional misconduct.
Sources: gamesindustry.biz | Gamasutra | Next-Gen.biz | Wikipedia Entry on Thompson
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The UK Game publisher Digital Jesters has been accused by game developers of breaking contracts, failing to account for royalties, failing to pay game studios and otherwise breaching their contracts.
Source: GamesIndustry.biz
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A judge was asked to dismiss a civil suit filed by the families of two Fayette police officers and a dispatcher against the makers and sellers of “Grand Theft Auto” video games that allegedly influenced a man to shoot the three to death.
Sources: Game Cube Advanced | The Decatur Daily
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Unbeknownst to many gamers, World of Warcraft now has an unwanted special feature—a hidden program called “Warden” that snoops gamers’ computers looking for any “unauthorized third-party program” that “enables or facilitates cheating of any type”.
Sources: EFF | BBC | Game Politics | Rootkit.com | AlterNet
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ESA and the Video Software Dealers Association to file a lawsuit protesting against California’s AB1179 bill, restricting the sale of violent games to minors.
Sources: gamesindustry.biz | Gamasutra | Gamespot | VSDA Press Release | IEMA also announces Intent to Fight (joystiq) | Yee, Schwarzenegger Respond
GamePolitics Full Coverage Of California’s Violent Video Game Law
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Texan, Ponce de Leon, is sentenced to three years, ten months in prison and ordered to pay a $1.154 million fine for criminal video game piracy over the Internet.
Sources: U.S. Immigration & Customs | Gamasutra | Gamespot | Next Generation
Contrary to pop-culture beliefs, this article makes the case, complete with FBI statistics, that juvenile violent crime has decreased in the last 10 years as video game playing by young people has increased.
Sources: Game Evolution | ars Technica | Wellesley College Newspaper
See also: Related August 12, Gamasutra Article
Text of Tam Su Class-Action Complaint Within a week of EA's settlement of the Kirschenbaum class-action suit, Tam Su's over-time law suit emerges. The original suit was filed in February 2005 Sources: GamePolitics.com | Edge Online Activision (Canulti):
Activision (Erimez):
EA (Lender Hasty): EA Programmers
EA (Tam Su):
EA (Kirschenbaum): EA animators, texture artists, and modelers
Sony:
Text of Bill
The bill, which comes into force in January 2006, bans the sale or rental of “violent video games” to minors
Sources: Gamespot | Gamasutra | Governor Schwarzenegger’s Press Release
Click Here to Listen to GamePolitic’s October 10, 2005 interview of California Assembly Speaker pro Tem, Leland Yee, about the bill.
GamePolitics Full Coverage Of California’s Violent Video Game Law
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The most recent class action filed in St. Clair County over a controversial rating on a video game has been removed to federal court under the Class Action Fairness Act.”
Source: St. Clair Record
New York Investigation:
LA Civil Suit:
FTC Investigation Related Posts:
Stanhouse Class Action Suit:
Cohen Class Action Suit:
Other Hot Coffee Related Posts:
20-year-old, Devin Moore, who attempted to use Grand Theft Auto as defence for triple police homicide was sentenced to death by lethal injection.
Sources: Gamespot | Earlier Gamespot Report on Trial | GameDaily
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Activision countersues Spark Unlimited alleging fraud, breach of contract, trade secret misappropriation, trademark infringement, false designation of origin, and false advertising.
Sources: Gamespot | GameIndustry.biz | Next Generation
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Text of Stevens v. Sony Decision
In Stevens v. Sony, the Australian High Court ruled that modding Playstation consoles to circumvent region coding restrictions does not breach Australian copyright laws.
Sources: High Court Press Release | Freehills | GameIndustry.biz | Gamasutra | PS3Focus.com
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EA to pay $15.6 million in settlement of claim that workers were improperly classified as exempt from overtime.
Sources: gameindustry.biz | EuroGamer | GameSpot | Next-Gen.biz | 1Up.com | GamaSutra | neoseeker
Activision (Canulti):
Activision (Erimez):
EA (Lender Hasty): EA Programmers
EA (Tam Su):
EA (Kirschenbaum): EA animators, texture artists, and modelers
Sony:
Adrian Carmack, one of the original founders of id Software, has filed a lawsuit against the company, claiming he has been unfairly dismissed. Carmack claims he was fired as an employee and director after he refused to sell his shares back to the company in the context of possible corporate buyouts.
Sources: 1Up.com | GamaSutra | GameIndustry.biz | GameSpot
Every multimedia conglomerate and its sister company wants in on the digital distribution market, but is it finally ready for prime time?
Source: GameSpot | Earlier Related Story: GameSpot (Nov. 9, 2004)
Claiming her teen-age children were exposed to sexually explicit content in a popular video game, a concerned mother, Brenda Stanhouse, filed a class action lawsuit in St. Clair County Court against the promoters of “Grand Theft Auto: San Andreas (GTA).”
Sources: St. Clair Record | GamePolitics.com | Lunabean
New York Investigation:
LA Civil Suit:
FTC Investigation Related Posts:
Stanhouse Class Action Suit:
Cohen Class Action Suit:
Other Hot Coffee Related Posts:
New Jersey has become latest state to consider localized legislation against violent or sexually explicit video games, following the announcement of a proposed bill at proceedings being held at the New Jersey Statehouse.
Source: Gamasutra
Unlike the continuing battles over this issue in the U.S, a new law restricting sales of violent games to minors that went into force on June 1, 2005 is said to be causing no problems in the Canadian province of Manitoba.
Source: Game Politics
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