Courts – Page 5 – Video Game Law Blog

March 14, 2005November 4, 2006

New Ontario Video Game Retail Sales Law

On March 7, 2005, the Ontario Film Review Board adopted the ESRB classifications. As a result it is now an offence to sell, rent or publicly exhibit video and computer games classified as “Mature” or “Adults Only” to persons apparently under the age of 18 years. If convicted, individuals may face up to $25,000 in fines or imprisonment for a term of not more than one year or both. Corporations are liable for fines up to $100,000.

Sources: GamePolitics.com | Fradical.com | Ontario Film Review Board Press Release

Related Posts:

No Complaints About Manitoba’s Video Game Law (September 19, 2005)
Manitoba to Restrict Video Game Rentals to Minors (May 9, 2005)
New Ontario Video Game Retail Sales Law (March 14, 2005)

March 14, 2005October 29, 2006

Activision, Viacom Settle Star Trek License Lawsuit

Activision and licensor Viacom jointly announcing that they have reached an agreement regarding the future of the Star Trek video game license. The terms of the settlement were kept confidential but both parties say they intend to work together on future projects.

[Jan 25, 2006 Update: They didn’t! They went their separate ways when Bethesda acquired the Star Trek License.]

Related Posts:

Bethesda Acquires Star Trek License After High Profile License Dispute (January 25, 2006)
Activision, Viacom Settle Star Trek License Lawsuit (March 14, 2005)
Activision Sues Viacom Over Lack of Decent Star Trek License (July 1, 2003)

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 2, 2005October 27, 2006

ESRB Adds E10+ To Game Ratings System

The Entertainment Software Ratings Board, an industry-run group designed to provide parents with clear information so that they can choose the most appropriate computer and video games, has added a new classifier to their ratings system. The E10+ rating will serve as a halfway point between the E (Everyone) and T (Teen) ratings.

Source: Gamasutra

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 16, 2005

Square Enix Bans Over 800 PlayOnline Accounts

Square Enix, maker of the PS2 and PC MMORPG Final Fantasy XI game banned players for who have violated the PlayOnline Member Agreement for, among other things, “monopolizing monsters” – ie: the practice of large, high-level parties camping at points where particular rare items appear, blocking others’ attempts to obtain such items and thereby controlling prices for such items within ingame auction houses.

Sources: GamaSutra | RPGamer

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, 2005March 17, 2008

Ubisoft Expands Operations With Help from Quebec Government

Among other incentives, Emploi-Québec is contributing $6.3 million (USD $5.3 million) in financial assistance for the first three years of Ubisoft’s expansion program, as part of Ubisoft’s accelerated job creation plan.

Sources: Gamasutra | GameIndustry.biz

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)

December 13, 2004

Blizzard Cracks Down on World of Warcraft Item Selling

Both the characters and accounts of offending sellers will be deleted, and Blizzard may go so far as to take legal action against the vendors.

Source: Gamasutra

November 29, 2004March 17, 2008

China Formally Institutes Game Rating System

An official games rating system has been formally released by the China Youth Network Association called the ‘Green Games Recommended Standard’.

Sources: Gamasutra | ChinaTechNews

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 25, 2004February 27, 2008

South Korea Bans Ghost Recon 2

The Korea Media Rating Board has refused to approve the release of Ubisoft’s Ghost Recon 2, claiming that the storyline within the game goes “way too far”.

Source: Gamasutra

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):