By: Dale Dietrich
Court cases on various video game law issues.
A court in Italy has dealt a major blow to the efforts of console manufactures to crack down on mod chips, ruling that PS2 mod chip devices are designed to “avoid monopolistic positions.”
Sources: The Register | GameIndustry.biz | Silicon.com | Outlaw.com
The complaint, filed the Superior Court of the State of California, accused Viacom of breaching its promise to continue exploiting the “Star Trek” franchise consistent with its practice at the time the agreement was signed in 1998. The suit alleges that since signing the agreement, Viacom has produced only one more Star Trek movie, thereby leaving Activision with little fodder for successive video games. Activision is seeking damages for lost revenue.
Sources: Gamasutra | GameIndustry.biz 1 | GameIndustry.biz 2 | EuroGamer | TechWeb | Xbox Gamers
Related Posts:
An Australian Court Rules that modding consoles do not infringe copyright because Sony was unable to show that copy protection measures had been built into their consoles. The Australian consumer watchdog organization ACCC has fought Sony over region coding in the past as being anti-consumer by denying them the right to play genuinely purchased games from cheaper overseas sources.
Source: GameIndustry.biz
In a thorough 30-page opinion, Chief Judge Lewis T. Babcock rejected the plaintiffs’ negligence and strict liability claims on both state law and First Amendment grounds. On the negligence claims, the court held that the movie and video game defendants did not owe a duty to the plaintiffs and that, in any event, Harris and Klebold’s actions were a superseding cause of Sanders’ death. On the strict liability claims, the court held that the expression in the movies and video games was not a “product” subject to strict liability and that, again, the shooters’ actions were a superseding cause. In addition, the court held that the First Amendment barred all of plaintiffs’ claims.
Source: 
Deanne Maynard of Jenner & Block
Channel Technology imported mod-chips from Russia that when installed in PS2’s to play games from all regions. Importantly, the chip also allows users to play pirated games. The U.K. High Court found Channel Technology in violation of a provision in the UK. Copyright, Designs and Patents Act 1988 that prohibits knowingly making, importing or selling any device specifically designed or adapted to circumvent copy-protection. Judge Jacob awarded Sony damages of £15,000 and costs of £45,000. Channel Technology has since closed.
Sources: The Register | ZDNet | Out-Law.com
Litigation is business by other means, as Creative Technology’s $32 million takeover of moribund rival Aureal Semiconductor proves.
Sources: The Register | Tech Report
Related Posts:
Under the terms of the settlement agreement, eGames agreed to pay a one time settlement fee of $205,000.
Sources: Gamasutra | PRNewswire
Related Posts:
Rival 3D chipmakers Nvidia and S3 have come to a settlement in their ongoing patent infringement battle. The two companies settled their differenced by entering into a seven year agreement to cross license a broad range of the companies respective patents. As part of the deal, both companies will drop their pending patent infringement suits.
Sources: Gamasutra | NVidia Press Release
Earlier Related Stories: Find Articles | The Register | CNet
Hasbro Interactive, and its subsidiary Attari Interactive, have filed suit against several game companies over unauthorized versions of some well-known video games.
Sources: Gamasutra | About | PRNewswire | EVG Nexus | Hasbro Press Release | Adrenaline Vault | CNNMoney
Related Posts:
Uri Geller, the millionaire paranormalist, is suing the computer giant Nintendo for more than £60m for allegedly using his image in its best-selling Pokemon game without his permission.
Sources: Gamasutra | Guardian Unlimited | The Register | ZDNet UK
Aureal has won its legal battle with arch-rival Creative technology when a US jury threw out Creative’s claim that Aureal Vortex sound processor chip violated Creative intellectual property.
Sources: Gamasutra | The Register
Related Posts:
