Cases/Disputes – Page 13 – Video Game Law Blog

March 11, 2005October 29, 2006

Xfire Countersues Yahoo!

Xfire countersues Yahoo! claiming unfair business practices. Xfire alleges unfair business practices, complains that Yahoo! did not provide them with a cease and desist letter before suing, claims it made good faith attempts to address Yahoo!’s concerns and offered to disclose its software code to Yahoo! or to mediate the dispute with a neutral third party.

Related Posts:

Yahoo!, Xfire Settle Lawsuit (February 9, 2006)
Xfire, Yahoo! Near Terms of Patent Dispute Settlement (November 23, 2005)
Xfire Countersues Yahoo! (March 11, 2005)
Yahoo! Sues Xfire for Patent Infringement (February 4, 2005)

March 11, 2005February 27, 2008

Marvel v. NCSoft: Judge Dismisses Trademark Case

U.S. District court Judge dismisses claims that NC Soft’s character creation tool infringes Marvel’s trademarks. Finds that allegedly infringing works submitted as evidence was “false and sham” as they were created by Marvel itself, not NCSoft users.

Sources: GameLaw.org | GameIndustry.biz | Prodigious Gaming

March 10, 2005November 1, 2006

Electronic Arts To Institute Limited Overtime Policy

A second Electronic Arts employee has filed a class-action lawsuit seeking overtime from the company, similar to suits filed against the company last year and against Vivendi Universal Games. The suit is also part of a general trend of Silicon Valley workers demanding proper recognition for overtime work.

Source: Gamasutra

Activision (Canulti):

Second Employee (Canulti) Unpaid Overtime Suit Brought Against Activision (July 20, 2006)

Activision (Erimez):

Another Unpaid Overtime Lawsuit – This Time Against Activision (May 2, 2006)

EA (Lender Hasty): EA Programmers

EA Settles Leander Hasty Class Action Labor Lawsuit – Tam Su Suit Still Pending (April 26, 2006)
“EA Spouse” Revealed to be Erin Hoffman (April 26, 2006)
Electronic Arts to Institute Limited Overtime Policy (March 10, 2005)
EA Hit by Second Employee (Leander Hasty) Lawsuit (February 21, 2005)
The “EA Spouse” Post that Started it All (November 10, 2004)

EA (Tam Su):

EA Faces a Third Employment-Related Class-Action Suit in Florida (Tam Su) (October 11, 2005)

EA (Kirschenbaum): EA animators, texture artists, and modelers

EA Settles Kirschenbaum Labor Dispute Lawsuit – Hasty Suit Still Pending (October 5, 2005)
Electronic Arts Faces (Kirschenbaum) Overtime Lawsuit (November 12, 2004)
The “EA Spouse” Post that Started it All (November 10, 2004)

Sony:

Sony Computer Entertainment Sued by its Animators and Graphic Artists. (February 11, 2005) – This case is still pending as far as I know.

March 3, 2005October 26, 2006

Peter Jackson Sues New Line over Video Game Licensing

Jackson makes 19 allegations, among them that New Line improperly deducted costs relating to home video, used the wrong royalty rate to compute DVD sales, charged too much for subdistribution, did not pay for use of the film’s script and a song lyric written by Ms Walsh in an accompanying video game and incorrectly valued their cut from merchandise sales.

March 1, 2005March 17, 2008

AVG Patent ‘690 Explained

Jim Charne Explains the Implications of AVG Patent Suit to IDGA Readers.

Sources: IGDA’s Ask Jim

February 25, 2005November 4, 2006

Topheavy Enjoined from Guy Game Sales

Travis Co. District Judge Suzanne Covington granted a restraining order and, in January, granted a subsequent request for a temporary injunction against Topheavy. As a result, copies of The Guy Game have been removed from store shelves.

Source: Austin Chronicle

Related Posts:

Injunction Against ‘Guy Game’ Sales Upheld in Invasion of Privacy Action (August 23, 2005)
Topheavy Enjoined from ‘Guy Game’ Sales (February 25, 2005)
Take-Two, Topheavy, Sony and Microsoft Sued over Topless Minor in ‘The Guy Game’ (December 21, 2004)

February 21, 2005November 1, 2006

EA Hit By Second Employee (Leander Hasty) Lawsuit

Text of Leander Hasty Class Action Complaint
A second Electronic Arts employee has filed a class-action lawsuit seeking overtime from the company, similar to suits filed against the company last year and against Vivendi Universal Games. The suit is also part of a general trend of Silicon Valley workers demanding proper recognition for overtime work.
Sources: Gamasutra | Gamespot | GameIndustry.biz

Activision (Canulti):

Second Employee (Canulti) Unpaid Overtime Suit Brought Against Activision (July 20, 2006)

Activision (Erimez):

Another Unpaid Overtime Lawsuit – This Time Against Activision (May 2, 2006)

EA (Lender Hasty): EA Programmers

EA Settles Leander Hasty Class Action Labor Lawsuit – Tam Su Suit Still Pending (April 26, 2006)
“EA Spouse” Revealed to be Erin Hoffman (April 26, 2006)
Electronic Arts to Institute Limited Overtime Policy (March 10, 2005)
EA Hit by Second Employee (Leander Hasty) Lawsuit (February 21, 2005)
The “EA Spouse” Post that Started it All (November 10, 2004)

EA (Tam Su):

EA Faces a Third Employment-Related Class-Action Suit in Florida (Tam Su) (October 11, 2005)

EA (Kirschenbaum): EA animators, texture artists, and modelers

EA Settles Kirschenbaum Labor Dispute Lawsuit – Hasty Suit Still Pending (October 5, 2005)
Electronic Arts Faces (Kirschenbaum) Overtime Lawsuit (November 12, 2004)
The “EA Spouse” Post that Started it All (November 10, 2004)

Sony:

Sony Computer Entertainment Sued by its Animators and Graphic Artists. (February 11, 2005) – This case is still pending as far as I know.

February 14, 2005November 4, 2006

Grand Theft Auto Sparks Another Game Violence Lawsuit

Rockstar parent Take-Two Interactive, Sony, Wal-Mart, and GameStop are blamed for the murder of three policemen by a teenage car thief.

Sources: Gamasutra | Gamepolitics (scroll down)
Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)
Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

February 9, 2005November 6, 2006

Tecmo Sues Hackers Over Xbox Game Modifications

Tecmo alleges that modifications to its Games both infringe and circumvent copy protection systems in violation of the DMCA.

Tecmo’s Nude Volleyball Lawsuit is More Dead than Alive (May 18, 2005)
Tecmo Sues Hackers Over XBox Game Modifications (February 9, 2005)

February 4, 2005October 29, 2006

Yahoo Sues Xfire for Patent Infringement

Text of Yahoo’s Messenger Patent
Yahoo! sues Xfire for using in-game friend finding technology that allegedly infringes Yahoo’s Messenger patent 6,699,125.

Sources: CNet News | GameSpot | GamaSutra

Related Posts:

Yahoo!, Xfire Settle Lawsuit (February 9, 2006)
Xfire, Yahoo! Near Terms of Patent Dispute Settlement (November 23, 2005)
Xfire Countersues Yahoo! (March 11, 2005)
Yahoo! Sues Xfire for Patent Infringement (February 4, 2005)

February 1, 2005February 27, 2008

City of Copies: Marvel vs. NC Soft

In this GirlAdvance article, Steve Bowler includes photos of the characters in question and the discusses Marvel’s character copyright infringement case against NC Soft.

Source: GameGirlAdvance.com

January 24, 2005November 1, 2006

3D Realms Shuts Down Duke Nukem Based Mod Project

Those working on the mod were informed by 3D Realms that it does not allow any of its intellectual property to be used in conversions or mods for other game engines, forcing the project to be shut down.

Source: GameIndustry.biz

January 20, 2005November 6, 2006

Spurned Woman Charged after Deleting Ex’s Lineage II Gaming Data

A Japanese woman faces a charge of “illegal access” to someone else’s online account after using her ex-boyfriend’s username and password to access online game Lineage II and deleting game data, including weapons.

Sources: Gamespot | The Register | Boomtown | Guardian Unlimited
Related Posts:

The Virtual Crimewave (September 10, 2005)
Man Arrested for Virtual Mugging in Lineage II (August 18, 2005)
Spurned Woman Charged after Deleting Ex’s Lineage II Gaming Data (January 20, 2005)

January 11, 2005March 17, 2008

Immersion Corp. Wins Suit Against Sony

Text of Immersion Patent
Immersion Corp has won an $82 million patent infringement suit against Sony over two contested patents that Sony inadvertently violated in its Dual Shock controllers for PlayStation and PlayStation 2.

December 21, 2004November 4, 2006

Take-Two, Topheavy, Sony, and Microsoft Sued over Topless Minor in The Guy Game

A young woman has filed suit against for including footage of her topless, taken during the annual spring break revels on Texas’ South Padre Island, without her legal consent. The woman was only 17 at the time, and therefore legally incapable of giving her consent to be in The Guy Game, let alone half naked.

Sources: Gamespot | EuroGamer | 1Up.com | The Register | XBox Addict | Statesman.com
Related Posts:

Injunction Against ‘Guy Game’ Sales Upheld in Invasion of Privacy Action (August 23, 2005)
Topheavy Enjoined from ‘Guy Game’ Sales (February 25, 2005)
Take-Two, Topheavy, Sony and Microsoft Sued over Topless Minor in ‘The Guy Game’ (December 21, 2004)

November 29, 2004November 1, 2006

Vivendi Barred From Distributing Valve Games in Cyber Cafes

Judge Zilly ruled that Sierra/Vivendi Universal Games are not authorized to distribute Valve games through cyber cafés to end users for pay-to-play activities pursuant to the parties’ current publishing agreement. Valve games such as Counter-Strike, Counter-Strike: Condition Zero and the recently released Half-Life 2 and Counter-Strike: Source are all popular in cyber cafés. Judge Zilly also ruled in favor of the Valve motion regarding the contractual limitation of liability, allowing Valve to recover copyright damages for any infringement without regard to the publishing agreement’s limitation of liability clause

Sources: Gamespy PC | Yahoo! Games | ign.com | ars technica | BBC

Related Posts:

Valve & Vivendi Universal Settle Dispute (April 29, 2005)
Vivendi Barred from Distributing Valve Games in Cyber Cafes (November 29, 2004)
Valve and Vivendi Sue and Counter-sue Over Distribution Agreement (September 20, 2004)

November 15, 2004February 27, 2008

Marvel sues NCSoft over City of Heroes Player Characters

Comic book giant Marvel has filed a copyright infringement lawsuit against Korean publisher NCsoft, alleging that players in the firm’s MMORPG City of Heroes are creating characters in the likeness of Marvel heroes.

Sources: gameindustry.biz | Wired | EFF’s Marvel v. NCSoft Page | City of Hero’s Developer, Cryptic Studios, Responds

November 12, 2004November 1, 2006

Electronic Arts faces (Kirschenbaum) Overtime Lawsuit

Text of Amended Kirschenbaum Class Action Complaint
Just as the ea-spouse Web log posting this week has triggered a hail of criticism about harsh work conditions in the game industry, game-publishing giant Electronic Arts is being sued for allegedly failing to pay overtime wages.

Sources: CNet News | Gamespot 1 | Gamespot 2 (analysis)

Activision (Canulti):

Second Employee (Canulti) Unpaid Overtime Suit Brought Against Activision (July 20, 2006)

Activision (Erimez):

Another Unpaid Overtime Lawsuit – This Time Against Activision (May 2, 2006)

EA (Lender Hasty): EA Programmers

EA Settles Leander Hasty Class Action Labor Lawsuit – Tam Su Suit Still Pending (April 26, 2006)
“EA Spouse” Revealed to be Erin Hoffman (April 26, 2006)
Electronic Arts to Institute Limited Overtime Policy (March 10, 2005)
EA Hit by Second Employee (Leander Hasty) Lawsuit (February 21, 2005)
The “EA Spouse” Post that Started it All (November 10, 2004)

EA (Tam Su):

EA Faces a Third Employment-Related Class-Action Suit in Florida (Tam Su) (October 11, 2005)

EA (Kirschenbaum): EA animators, texture artists, and modelers

EA Settles Kirschenbaum Labor Dispute Lawsuit – Hasty Suit Still Pending (October 5, 2005)
Electronic Arts Faces (Kirschenbaum) Overtime Lawsuit (November 12, 2004)
The “EA Spouse” Post that Started it All (November 10, 2004)

Sony:

Sony Computer Entertainment Sued by its Animators and Graphic Artists. (February 11, 2005) – This case is still pending as far as I know.

November 3, 2004March 17, 2008

Game Industry Hit with AVG Graphics Patent ‘690 Suit

Text of ‘690 Patent
American Video Graphics, LP (“AVG”) has asserted that approximately thirty defendants in the gaming industry have infringed one its patent(s) that cover 3D panning and a zooming technology.

October 12, 2004February 27, 2008

Australian Office of Film and Literature bans Vivendi’s Leisure Suit Larry

The Office of Film and Literature Classification (OFLC) took exception to the portrayal of sexual activity in the game.

Source: gameindustry.biz

September 20, 2004November 1, 2006

Valve and Vivendi Sue and Counter-sue Over Distribution Agreement

On August 14, 2002, Valve served its then-publisher Sierra On-Line (now Sierra Entertainment, a Vivendi Universal Games brand) with a lawsuit in the US District Court of Washington, Western Division, alleging copyright infringement–the result of Sierra distributing Valve games in Internet cafés in the US and abroad. Vivendi accuses Valve of deliberately misleading them and had counterclaimed that Valve’s distribution of Half-Live with Steam had adversely affected its retail plans. Under their distribution agreement Vivendi can release Half-Life up to six months after the game goes gold. Valve says that Vivendi has not announced the date it will be released.

Sources: Gamespot | Yahoo! Games | EuroGamer

Related Posts:

Valve & Vivendi Universal Settle Dispute (April 29, 2005)
Vivendi Barred from Distributing Valve Games in Cyber Cafes (November 29, 2004)
Valve and Vivendi Sue and Counter-sue Over Distribution Agreement (September 20, 2004)

July 22, 2004October 27, 2006

Record 3.5 Year Prison Sentence for UK Game Pirate

A 45 year old man in South Wales was sentenced to the longest sentence ever imposed by a UK court for game piracy, three and a half years. John Lamb was caught with a counterfeited game inventory estimated at 1/4 Million pounds. He had marketed his pirated games with spam e-mails.

Sources: GameIndustry.biz | ELSPA Press Release | Play.tm

July 21, 2004October 26, 2006

Sony Wins Landmark U.K. Modding Case

The British High Court has ruled that using, possessing, selling or advertising modded PS2 consoles is illegal. Justice Laddie ruled that Ball had violated the European Union Copyright Directive, which came into UK law in 2003. The defendant had sold some 1,500 Messiah 2 chips allowing customers to defeat both the PS2’s region coding restrictions and the PS2’s built-in piracy protections.