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Dead Rising Denied Rating (and Possibly en Route to being Banned) in Germany

Capcom’s forthcoming Xbox 360 exclusive, zombie-slasher, Dead Rising, was denied an age rating and while not yet banned, this sets up the possibility of it being banned by another department of the German government. The game is set for release in North America in September. Previously Germany had banned Doom 1, Doom 2, Manhunt and Command an Conquer.

Update – Jul 26, 2006: As per this joystiq article, the game will not be banned, but will simply be unrated.

Sources: Xbox 360 | 1Up.com | Joystiq 1 | Joystiq 2 | Gamasutra | GameIndustry.biz

Update Sources: GamePolitics.com | Joystiq

Dale’s Comment: Given Australia’s penchant for banning violent video games, I wouldn’t be surprised to see this game banned their before long.

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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

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Congressman Joe Pitts Claims his Video Game Comments were Misportrayed in Daily Show Lampoon

After raising many eyebrows with his comments, Congressman Joe Pitts claims his statements on the affects of violent video games on children aired in a June 22 Daily Show segment were misportrayed.

Sources: DailyLocal.com | GamePolitics | Joystiq | YouTube Video (snippet)

Click here to view YouTube video.

Dale’s Comment: It’s hard to understand how Congressman’s Pitt’s comments could have been misportrayed. They were aired uncut. This is simply another example of a (probably) well intentioned, aging, out of touch Senator speaking on a subject he does not understand. Sounds like Washington as usual to me.

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Reservoir Dogs Also Banned in New Zealand

Previously banned in Australia, New Zealand has banned the Reservoir Dogs the video game – citing extreme violence. Unlike in Australia where it is merely illegal to sell the game in that country, it is illegal to even posses the game in Kiwiland. Hence, no imports or picking up the game while traveling allowed by New Zealand Gamers.

Sources: GameSpy | nzherald.co.nz | National Business Review | Stuff | Earth Times 

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    Australia Bans Another Video Game – Reservoir Dogs

    The Australian Office of Film and Literature Classification (OFLC), has refused to give official classification to Eidos’ video game – Reservoir Dogs, meaning that the game cannot be sold in Australian stores. According to a statement, “The Classification Board made this decision on the basis that Reservoir Dogs contains frequent depictions of violence that have a high impact.” Ironic, since the original movie played in Australian cinemas when it was released.

    Sources: Gamasutra | GameIndustry.biz | EuroGamer | GameDaily.biz | joystiq | GameSpot | GamePolitics.com | Sydney Morning Herald | Ferrago | APC Start | Hexus | Team XBox | Earth Times | ITWire | vnunet.com | OFLC Media Release [pdf]


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    Jon Stewart on Congressional Debate over Video Games

    In this Daily Show clip, Jon Stewart lampoons Congressman Joe Pitts’ Lack of understanding of the video game industry, affects of violence on children and the ESRB rating system.

    Sources: YouTube Video (snippet) | joystiq | GamePolitics | Gamasutra | GameIndustry.biz

    Click here to view YouTube video.

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    UK’s ASA Permits Controversial PSP Ads

    Text of ASA Decision
    June 21, 2006
    The UK Advertising Standards Authority (ASA) has opted not to uphold the 45 complaints filed against Sony for its PSP advertising campaign, which included a series of objectionable/racy posters that were primarily placed in outdoor locations, as well as on billboards and buses. The ASA agreed with Sony that the ads did not contain any explicit language or images likely to cause widespread offence or harm to children.

    Sources: Gamasutra | GameIndustry.biz | vnunet.com | CNet | GameSpot | Brand Republic | joystiq | mad.co.uk

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    Square Enix Cracks Down on Gil-Farming RMT in Final Fantasy XI

    Square Enix permanently suspended 250 Final Fantasy XI accounts involved in large-scale RMT operations. The users were caught using unauthorized third-party software tools, in violation of the end user agreement, to ‘farm’ for “Gil”, (FFXI’s in-game currency) and selling it for real-world money – a practice known as real money trading (RMT).

    Sources: GameSpot | Square Enix’ Press Release | EuroGamer | Galbadia X

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    Take-Two/Rockstar Settle with FTC over Hot Coffee Mod

    Text of Consent Agreement
    Under a consent agreement, accepted by the FTC in a 5-0 vote, Take-Two and Rockstar Games will be subject to civil penalties of up to $11,000 per violation if they violate their agreement to: (i) “clearly and prominently disclose on product packaging and in any promotion or advertisement for electronic games, content relevant to the rating, unless that content had been disclosed sufficiently in prior submissions to the rating authority”; (ii) not misrepresent the rating or content descriptors for an electronic game; and (iii) “establish, implement, and maintain a comprehensive system reasonably designed to ensure that all content in an electronic game is considered and reviewed in preparing submissions to a rating authority.”

    Sources: FTC Press Release | Gamasutra | ars technica | joystiq | GameSpot | Next Generation | GameDaily.biz | GamePolitics.com | ars technica | 1Up.com | CNet | San Jose Mercury News | TheStreet.com | CNN

    New York Investigation:

    LA Civil Suit:

    FTC Investigation Related Posts:

    Stanhouse Class Action Suit:

    Cohen Class Action Suit:

    Other Hot Coffee Related Posts:

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    Movie Industry May Drop HDCP/ICT Until 2010/2012?

    In what would certainly be good news for purchasers of the low-end PS3 (which will not have HDMI outputs), the leading German newspaper Der Spiegel claims to have information on an unofficial agreement struck between the movie studios, Sony, Microsoft and others which will see HDCP, and the Image Constraint Token (ICT), being consigned to the scrap heap for at least four years. This move would mean that all movie content produced until 2010 at the earliest, and possibly as far as 2012, will not carry the ICT – a security feature which restricts/down-rez’s high-definition playback only to equipment with HDMI ports and HDCP encryption.
     
    Sources: ars technica  |  GameIndustry.biz  |  Daily Tech  |  Next Generation  |  IGN  |  Gamasutra  |  Xbit  |  Joystiq  |  Engadget  |  Der Spiegel (Google’s English Translation)
     
    Dale’s Comment: This is a remarkable development if true. I have been participating in online forums for years where this has been a major subject of contention for early HDTV adopters. With the constant delays of HD-DVD and Blu-ray and the many competing HD standards appearing on the horizon, this may spell the demise of HD down-rezzing and the ICT. Recently, Professor Ed Felton suggested that HDCP is Eminently Crackable. All this said, since main-stream press has not yet picked this up, I question its veracity. But, its fun speculation in the meantime.Update: October 15 2006: Save for one or two titles, the first couple hundred Blu-Ray and HD-DVD releases have been released without HDCP/ICT activated.

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    The Basic Marketing Plan For Indie Games

    GAMASUTRA FEATURE: “The marketing plan is your flightplan on how to get your game to your players. The contents of a marketing plan can be divided into several sections. A strategic plan or the company’s business plan will describe the company’s strategic objectives. The marketing plan will focus on those major objectives, and how to reach those goals.”

    Source: Gamasutra

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    Ubisoft Wins Non-Compete Order Against Tremblay/Vivendi L.A.

    Former Ubisoft COO Martin Tremblay will have to wait until June 7, 2006 before joining Vivendi after a Quebec court extended a temporary injunction. Judge Helene Langlois dismissed Tremblay’s claims that he was constructively dismissed from Ubisoft.

    Sources: Gamasutra | GameIndustry.biz | GameDaily.biz | Next Generation | Canada News Wire | Canoe Money(CP)

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    ESRB Re-rates Oblivion to Mature Following 3rd Party Mods

    The Entertainment Software Rating Board (ESRB) has changed the rating assigned to the PC version of Bethesda Softwork’s blockbuster video game Elder Scrolls IV: Oblivion from T (Teen 13+) to M (Mature 17+), following the revelation of a topless game skin contained within modded versions of the game. The un-moddable Xbox 360 version of the game has also been re-rated to M ostensibly due to “Blood and Gore, Language, Sexual Themes, Use of Alcohol, Violence”. While critical of the decision, Bethesda has chosen not to challenge the ruling.

    Sources: Gamasutra | GameSpot | Next Generation | GameDaily.biz | GameIndustry.biz | 1Up.com | GameSpy | Washington Post | Reuters | San Jose Mercury News | The Inquirer | Joystiq | GamePolitics

    Bethesda’s Response: Bethesda Press Release | Gamasutra | GameSpot | Next Generation | Team Xbox | GamePolitics

    ESRB’s Response to Industry Criticism:GameDaily.biz

    Dale’s Comment: Based on the facts as I understand them, this is regrettable. It is unclear why Bethesda should suffer as a result of third-party mods added into their game without their control. This ruling has the effect of requiring developers to make their games tamper-proof in order to avoid retroactive ratings changes based on the malicious behavior of others. This is very different from last year’s GTA Hot Coffee controversy where, despite early denials, it was later determined that Rockstar had, indeed, embedded unlockable sex scenes within the source code of the game. As far as we understand from Bethesda so far, this is not the case here. But, given the heat the ESRB took last year for its failure to quickly respond, I can somewhat understand this “shoot first, ask questions later” approach, as unfair as it may be to Bethesda.

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    Ubisoft Montreal Enjoins its Former President, Martin Tremblay, from Joining Vivendi L.A.

    In seeking to enforce a non-compete clause against its former President and COO, Martin Tremblay, Ubisoft Montreal obtained a provisional injunction from the Quebec Superior Court enjoining Tremblay from becoming President of Vivendi Universal Games’ Worldwide Studios in LA.. The interim interlocutory injunction is valid until 5:00 PM on Tuesday May 9, when Ubisoft will be seeking a safeguard order. The Court has ordered Tremblay to:

    “abstain and cease immediately, directly or indirectly, competing with applicant Ubisoft…” and “…cease immediately working, directly or indirectly, within the territories of Canada, the United States and Mexico, for his own behalf or on behalf of any third party, in any business which manufactures or commercializes video products that may compete with products sold, manufactured or developed by applicant Ubisoft”.


    Dale’s Comment: It is particularly ironic that Tremblay was the driving force behind Ubisoft’s and EA Canada’s recent non-compete scuffles. For example, in this open letter, EA Canada’s General Manager, Alain Tascan, urges Tremblay to cease requiring that Ubisoft staff sign non-compete agreements as condition of employment. It appears Tremblay is caught by the same type of non-compete agreement that, until recently, he was vigorously enforcing against others.

    Sources: Gamasutra | GameDaily.biz | Next Generation | GameSpot

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    Entropia Universe to use Real ATM Cards

    The Entropia Universe bills itself as “the first virtual universe – with a real cash economy” (the Second Life operators may dispute this claim). It’s operator/developer, Mindark PE plans to introduce a real-world ATM card that will let players withdraw hard cash automatically converted from their virtual game treasury. Entropia runs on its own currency, Project Entropia Dollars (PED), that is explicitly backed by real-world dollars at a conversion rate of one U.S. dollars equals 10 PED.

    Sources: BBC | ars technica | CNet – NY Times | ars technica ABC News | market wire | MMORPG blog | WarCry Network | 1UP.com | GameDev.Net

    Dale’s Comment: Video game universes are increasingly overlapping with the real world. The Entropia Universe’s use of a convertible currency raises obvious currency exchange, tax law and money laundering issues/concerns. What will happen to users’ accumulated currency when/if the Entropia Universe ceases to exist, or its Swedish operator, MindArk, ceases to exist or goes bankrupt? Will users have claims as creditors against MindArk?

    The wildly popular Second Life MMORPG also allows users to use real currency to purchase virtual property. Second Life actually publishes how much real-world money is spent in the game each month. U.S. currency is converted to the in-game $Lindex currency and, through the games ‘Marketplace’ users can convert $Lindex back to real currency. As will be the case in the Entropia Universe, this “virtual” property has real-world value that, if stolen etc., may (should?) give rise to enforceable property rights in the real world.

    See a related story posed on April 3, 2006, where a Chinese man was convicted of stealing virtual property and sentenced to a fine of 5,000 yuan (US$617). I suspect it will not be long before this type of case makes its way into Western courts.