Eidos, the publisher of the famous Laura Croft/Tomb Raider video games, is contemplating bringing a copyright infringement suit against Singapore publisher Ozura Mobile over its new game “Lava Croft“. The game is an action adventure game featuring an Asian femme-fatal lead that seems quite similar to the famous Eidos character.
Sources: GameIndustry.biz | EuroGamer | Kotaku | Ferrago | Club Skill
Note: See related stories posted on Feb 15, 2006. Well, in truth, they are not related, but you can see stories about the new, err, face of Laura Croft there.
Dale’s Comment: While the press accounts mention Eidos’ considering copyright breach litigation, the use of the name Lava Croft for a game and character title also raises the spectre of trademark infringement.
Rockstar’s use of ‘Pig Pen’ in San Andreas Does Not Infringe Play Pen’s Trademark
In a decision that could be important for game developers, a District judge has ruled that Rockstar’s use of the trade dress and trademark ‘Pig Pen’ over a fictional strip club in GTA San Andreas does not infringe upon a similarly styled ‘Play Pen’ strip club trademark in Los Angeles. The court ruled that Rockstar’s use of “the Play Pen trade dress and mark presents little, if any, chance that consumers will be misled about the content of the game”.
Sources: Gamespot | Gamasutra | 1Up.com | GameIndusry.biz | Eurogamer | Bit-tech.net | Spong | Kotaku | Playfuls | GamePolitics.com
Louisiana Motion Filed To Introduce Minnesota Permanent Injunction Decision
Text of Preliminary Injunction
Text of Temporary Restraining Order
Text of ESA Complaint
Text of Violent Game Bill (HB 1381)
Lawyers for the ESA have introduced a motion to the Louisiana Court to admit the text of Minnesota’s July 31 permanent injunction decision arguing that the decision “adds to the overwhelming precedent in favor of preliminarily enjoining [Louisiana’s law] on First Amendment grounds.
Source: GamePolitics.com
Minnesota’s Violent Video Game Law Overturned – Permanent Injunction Granted
Text of ESA v. Minnesota Permanent Injunction
Text of Complaint
Text of Bill
No surprise here. Yet another State law designed to restrict minors’ access to violent video games has been struck down as unconstitutional. As per Judge James M. Rosenbaum, “…the Act unconstitutionally impinges on expressions protected by the First Amendment…”. The law, set to go into effect on August 1, would have imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only). As was the case in other jurisdictions where similarly intentioned laws were struck down, the judge found that Minnesota was “…entirely incapable of showing a causal link between the playing of video games and any deleterious effect on the psychological, moral, or ethical well-being of minors [p. 7] …absent compelling evidence, the belief is pure conjecture”. [p. 13] Accordingly, the bill failed the strict scrutiny test necessary to survive a First Amendment challenge.
Dale’s Comment: For those keeping track: (i) similar laws in Michigan, Washington State, Illinois, Indianapolis and St. Louis have been ruled unconstitutional and permanently enjoined; (ii) a similar law in California has been temporarily enjoined; (iii) similar laws in Louisiana and Oklahoma are currently being challenged in courts and likely to receive the same fate; (iv) several other states (Florida, Delaware, Maryland, Indiana) have similar laws pending final enactment; and (v) Senators Clinton and Lieberman introduced similar federal legislation to Congress last year.
Sources: Gamasutra | GameSpot | ars technica | Next Generation | Joystiq | GameDaily.biz | GamePolitics.com | 1Up.com | Minnesota Star Tribune | Kotaku | First Amendment Central | CNet | IGN | USA Today (AP)
GamePolitics Full Coverage Of Minnesota’s Violent Video Game Law
XBox 360 Piracy Spreading in China After Firmware Hacked
Hackers have managed to flash images of the XBox 360’s firmware onto DVD-ROMs. 360 game piracy appears to be on the rise in China.
Source: Gamasutra
NFL Sued by John Facenda’s Family for Use of Voice
John Facenda Jr. has sued the NFL over the use of his deceased father’s legendary voice in the making of a program entitled “The Making of Madden 2006”. The league contents use of Facenda’s voice is allowed so long as it does not constitute a product endorsement. The Facenda family contends the 30 minute film was a “30 minute commercial for the Madden game.”
Sources: GamePolitics.com | Bloomberg | Northwest Herald | Post Gazette | NBC 10 | Philly.com | FoxSports (AP)
Jack Thompson’s Louisiana Amicus Curiae Motion Rejected
A Federal District Court Judge denied controversial lawyer, Jack Thompson’s, motion to file an amicus curiae (“friend of the court”) brief in the ESA case challenging the recently passed (and recently enjoined) Louisiana Violent Video Game Bill – a bill he helped to write.
Source: GamePolitics.com
Second Employee (Canulti) Unpaid Overtime Suit Brought Against Activision
On May 2, 2006, a lawsuit, brought on behalf of 
, alleged that Activision unlawfully classifies its computer graphics employees as “exempt” from California’s laws requiring overtime pay. In a new lawsuit brought by former Activision employee Cathi Canulti, she alleges the same cause and wrongful termination when raising the issue with her superiors.
Sources: GameSpot
Activision (Canulti):
Activision (AE):
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 Computer Entertainment Sued by its Animators and Graphic Artists. (February 11, 2005) – This case is still pending as far as I know.
World Poker Players Sue Over Use of Likenesses & Names in Video Game
Seven World Poker Tour players announced their intent to sue WPT Enterprises over the use of their likenesses in the WPT video game. Players argue they were unfairly forced to sign a waive their rights in order to enter the poker tournament.
Sources: L.A. Times | Law.com | Mercury News | WPT Response to Complaint | Las Vegas Sun (AP) | Trading Markets | Yahoo! Finance | Gaming News | Review Journal
Canadian RCMP Raids Game Piracy Shops
According to the ESA, the Mounties seized thousands of pirated games in Markham, Ontario’s Pacific Mall. One person was arrested. Stores in the same mall had previously been raided in April of 2005, but piracy continued there regardless.
Sources: Gamasutra | GameSpot | GameDaily.biz | Gamers.com
Japan Investigates Illicit Gold Farming
Japan’s Ministry of Economy, Trade and Industry (METI) intends to look into wrongdoing perpetrated in connection with online games and virtual currencies.
Source: GameSpot
Massive Black Sues Ex-Employees for Pilfering Development Business, Fraud, Etc.
Massive Black is suing its former employees James Xi Zhang and Jenny Chen for interference with contractual relations, fraud, unlawful access to computer network, trespass, breach of contract and interference with prospective business advantage. Massive, a game-art and design subcontractor for games such as Killzone 2, Helgate: Longdon and Battlefield 2142, alleges, among other things, that Zhang and Chen, while still employed by Massive Black, competitively bid on projects from Massive’s customer, without Massive’s knowledge, won the contract and used Massive’s resources (equipment and development personnel – while still on Massive’s payroll) to work on the pilfered projects. Massive also alleges that up to $150,000 was siphoned out of the company using inflated expense reporting.
Sources: 1Up.com | 
Discussed in the April 14, 2006 “1Up Yours” Podcast (Time Index 48:15-52:15) | Gamasutra
More Details in MGE-SCI Dispute – MGE Asserts Contractual Ownership of Source Codes
In a recent statement MGE alleges that its signed development agreement with SCI clearly stipulates that it retains ownership of the source codes. MGE also alleges that SCi is in breach of a non solicit clause in their agreement by obtaining, presumably, confidential information from former MGE employees.
Source: Gamasutra
Dale’s Comment: This contract seems odd. SCI claims it has a contractual right to take over development if dissatisfied with MGE’s development work. At the same time MGE states the contract gives it ownership rights in the source codes. These two statements are at odds with each other. Either the contract was very poorly drafted or one of the two parties fundamentally misunderstands it. If anyone has access to the disputed contract (undoubtedly to be an exhibit at any trial), or the disputed provisions, I would appreciate it if you would provide me with a copy so that I can post here.
Related Posts:
- More Details in MGE-SCI Dispute – MGE Asserts Contractual Ownership of Source Codes (July 14, 2006)
- SCI Denies IP Theft Reports (July 11, 2006)
Agere Sues Sony in Patent Dispute
Agere claims Sony’s PSP, Playstation 2, Playstation 3 and other devices infringe 8 of its patents. Sony claims it already has cross licenses from Agere’s predecessor companies (AT&T/Lucent) for 7 of the patents and that the 8th patent is invalid. Agere is asking for an accounting of profits from such infringements from all Sony divisions and treble damages for willful infringement.
Sources: Gamespot | Gamasutra | engadget | PS3 Fanboy
Federal Judge Hears Arguments in ESA v. Minnesota Case
ESA v. Minnesota (March 17, 2008 – 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 2007)
Text of Appeal (Aug 29, 2006)
Permanent Injunction (July 31, 2006 – District Court)
Text of Complaint (June 6, 2006)
Text of Enjoined Bill (May 22, 2006)
Federal District Court Judge Rosenbaum has begun hearing arguments in the ESA v. Minnesota case, just one of the ongoing cases between the video game industry and U.S. states imposing restrictions on the sale/rental of violent video games to children. The challenged Minnesota bill is set to go into force on August 1. It imposes fines on children that buy/rent video games. It is widely expected that this law will be held to be unconstitutional like similar bills of other states that have failed before it. In an interesting twist to this story, Judge Rosenbaum has installed an XBox in his chambers so he can view/play some of the violent video games in question.
Sources: Game Politics | Gamasutra | Associated Press | San Jose Mercury News (AP) | GameIndustry.biz
GamePolitics Full Coverage Of Minnesota’s Violent Video Game Law
SCI Denies IP Theft Reports
In November 2005, SCI Games says it exercised a contractual right to take over development of Battlestations: Midway, following its dissatisfaction with MGE’s development efforts. When SCI did not make payments MGE complained to Budapest authorities. The Sunday Times subsequently (mistakenly) reported the incident as theft of IP by break and entry. SCI denies this. In any event, the ownership of the game software developed by MGE now seems to be in dispute.
Sources: Gamasutra 1 | Gamasutra 2 | Times Online | GameIndustry.biz | Playfuls | Pesticide | Spong
Related Posts:
- More Details in MGE-SCI Dispute – MGE Asserts Contractual Ownership of Source Codes (July 14, 2006)
- SCI Denies IP Theft Reports (July 11, 2006)
Tokyo Tax Authority Demands Sony Pony up another $244 in Taxes
Fresh off its UK Import Duties Loss, the Tokyo Regional Tax Bureau rules that Sony owes an additional 27.9 billion yen (over $244 million) in additional taxes for 74.4 billion yen (about $650 million) in unreported income. The taxes stem from Japan’s “transfer price tax system” which is designed to prevent inter-company transactions between domestic and international affiliates at lower than market prices.
Sources: GameSpot | Next Generation | Gamasutra (4th para)
Related Posts:
Judge Hears Arguments on Louisiana Violent Video Games Law
Text of Violent Game Bill (HB 1381)
Text of ESA Complaint
Text of Temporary Restraining Order
U.S. District Judge James Brady took the has extended the temporary restraining order he issued on June 20 barring authorities from enforcing the measure and continues to hear arguments in the case. Based on the hearing to date, it appears Judge Brady will make the same ruling striking down the law as unconstitutionally restrictive of free speech as was the case in several other jurisdictions. He is expected to rule next week.
Sources: Gamasutra | Shreveport Times | The Advocate | 10 KLFY | Nola.com (AP) | GamePolitics.com
Is the Lack of Force-Feedback in Sony’s PS3 Controller a Technical or Legal Issue?
Sony has explained that the lack of force-feedback in its forth-coming PS3 controller was due to its inherent interference with the PS3 controller’s new tilt feature. However, both Immersion’s claims, and this YouTube video demonstrating the compatibility of force-feedback and tilt functionality in the 1999 Pelican controller for the PS1, suggest that Sony’s decision was less about technological constraints and more about its reluctance to pay royalties to Immersion after losing the force feedback patent case to Immersion.
Sources: PS3 Fanboy (with YouTube video demo) | GameIndustry.biz | Hexus | IGN | Video Game Generation | Business Week | Gamasutra | joystiq
Roger Hill Sues Take-Two Over Use of Likeness without Consent
Roger Hill is suing Rockstar and Take-Two for using his likeness in the video game tie-in which was released for PS2 and Xbox last year. He is seeking a payment of $250,000 plus an order to restraining the use of his likeness. Take-Two claims it has a valid third party license to use the likeness.
Sources: GameIndustry.biz 1 | GameIndustry.biz 2 (possible criminal indictment) | EuroGamer | Spong | Ferrago | Pro-G | IGN | Next Generation | Gamasutra | GameDaily.biz | CVG | 1Up.com | GameSpot | joystiq
Take-Two Receives Subpoenas Over Hot Coffee
Take-Two received grand jury subpoenas issued by the District Attorney of the County of New York requesting production of documents, relating to: the knowledge of the Company’s officers and directors regarding the creation, inclusion and programming of hidden sex scenes (commonly referred to as “hot coffee”) in Grand Theft Auto: San Andreas. The Manhattan District Attorney’s Office appears to be exploring the possibility of criminal charges against Take-Two or some of its employees.
Sources: GameSpot | ars technica | Team Xbox | Gamasutra | GameDaily.biz | GameIndustry.biz | GamePolitics.com | The Register | Red Herring | joystiq | Business Week | New York Times | Law.com (AP) | Times Online | Fox News | MSNBC | Forbes
New York Investigation:
- Take-Two Receives Subpoenas Over Hot Coffee (June 26, 2006)
LA Civil Suit:
- Yet Another Take-Two/GTA Lawsuit (January 26, 2006)
FTC Investigation Related Posts:
- Take-Two/Rockstar Settle with FTC over Hot Coffee Mod (June 8, 2006)
- ‘Hot Coffee’ FTC Inquiry Given Go Ahead (July 26, 2005)
Stanhouse Class Action Suit:
- Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court (October 7, 2005)
- Another GTA San Andreas Class-Action Suit Filed (Stanhouse) (September 21, 2005)
Cohen Class Action Suit:
- Grandma Cohen’s GTA Class Action Suit Against Take-Two to Proceed (October 27, 2006)
- Outraged Granny Sues Over grand Theft Auto (Cohen) (July 27, 2005)
Other Hot Coffee Related Posts:
- ESRB Demands U.S. Game Publisher Audits for Hidden Game Content (September 12, 2005)
- ESRB Re-Rates Oblivion to Mature Following 3rd Party Mods (May 3, 2006)
- Take-Two Filing Reveals Multiple Lawsuits (February 1, 2006)
- Hot Coffee Spills into Australia as GTA:San Andreas is Banned (August 1, 2005)
- GTA San Andreas Rerated AO, Take-Two Suspends Production (July 20, 2005)
- Confirmed: ‘Hot Coffee’ Sex Minigame in PS2 GTA: San Andreas (July 15, 2005)
Insomniac President Files Brief in Louisiana Constitutional Suit
Text of Price’s Brief
Insomniac Games‘ President Ted Price argues that games are as much a means of expression as books, movies and music. He fears that many games might be criminalized under the law’s broad definition of violence. He explains how his own best-selling Ratchet & Clank series might fall under the provisions of the Louisiana statute.
Sources: GamePolitics.com | GameDaily.biz | Gamasutra | Next Generation | IGN | GameSpy | 1Up.com | Advanced Media Network
Louisiana Passes Second Video Games Bill – with ESA Support
Text of Law (SB 340)
Shortly after passing the more controversial, violent game bill (HB 1381), Louisiana has enacted a law, SB 340, that extends the state’s current list of sexually explicit material considered “harmful to minors” to be inclusive of video games in the same way the law extends to pornographic videos, books and magazines. Because the definition of “harmful to minors” deals exclusively with sexually explicit and not “violent” content, the bill will not be contested by the Entertainment Software Association.
Sources: GameIndustry.biz | GameSpot | GamePolitics | Next Generation | GameDaily.biz | Digital Lifestyle | Gamasutra
ESA/EMA Sues Oklahoma over ‘Games as Porn’ Law
Text of Law (HB 3004)
As expected, ESA and EMA filed suit in Oklahoma, asking that the state’s new video game law be overturned.
Sources: ESA Press Release | GameDaily.com | CGW | GameIndustry.biz | GameSpot | afterdawn.com | GamePolitics.com | Advanced Media Network
GamePolitics.com Full Coverage of Oklahoma ‘Games as Porn’ Law
Related Posts:
- Preliminary Injunction Granted Against Oklahoma ‘Games as Porn’ Law (October 12, 2006)
- ESA/EMA Sues Oklahoma over ‘Game as Porn’ Law (June 23, 2006)
- Oklahoma ‘Games as Porn’ Bill Signed into Law – ESA to Fight it (June 12, 2006)
District Judge Temporarily Blocks Louisiana’s Violent Game Bill
Text of Temporary Restraining Order
In response to an ESA/EMA initiated law suit filed immediately after the bill was signed into law, U.S. District Judge James Brady has issued a temporary restraining order blocking the recently passed Louisiana violent game bill from being put into effect.
Sources: Gamasutra | GameSpot | joystiq | Next Generation | GameDaily.biz | GameIndustry.biz | CNet (Reuters) | Fox News (Reuters) | Macworld | Spong | Reuters | Jurist | GameSpy | ars technica | GameSpy | IGN | GamePolitics