Florida lawyer’s request to leave case denied; judge opts to revoke temporary license to practice law in the state instead.
Sources: Gamespot | Gamasutra | Next-Gen.biz | Wikipedia Entry on Thompson | Gamasutra
Video Games Create a Whole New World of Legal Liabilities
Chris Bennett, of Davis & Company, LLP describes numerous possible new legal liabilities flowing from video game play. He discusses online theft, online assault, offlline assaults and cheating.
Source: Lawyers Weekly
Sony Denies PS3 Single-machine DRM
Based on a recently secured Sony patent, there has been much speculation that Sony would use DRM technology to make PS3 games playable on only one console – thus eliminating game rentals as a possibility. Today Sony officially denied this.
Sources: BoomTown.net | PS3 Today | MaxPS3.dcom | joystiq | neoseeker
Cell Phone Industry Adopts Ratings for Cell-Phone Video Games
Representatives from cell phone industry group CITA (Cellular Telecommunications & Internet Association) have announced that music, video and gaming products for cell phones in the U.S. are to adopt a new rating system as part of a new set of voluntary “Wireless Content Guidelines”.
Source: Gamasutra
Delaware Introduces Mature Game Sale Restrictoins Law
Delaware may follow California with the introduction of a bill to restrict the sales/rentals of M rated video games to those under 17. If this bill passes, the failure to check for ID, or selling or renting M or AO games to an underage customer, will result in a Class A misdemeanor.
Source: Gamasutra
Thompson Exits GTA Cop Killer Case
Controversial lawyer representing families of two police officers killed by GTA-playing Devin Moore, removed himself from GTA case following allegations of professional misconduct.
Sources: gamesindustry.biz | Gamasutra | Next-Gen.biz | Wikipedia Entry on Thompson
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)
Developers Threaten Digital Jesters with Legal Action
The UK Game publisher Digital Jesters has been accused by game developers of breaking contracts, failing to account for royalties, failing to pay game studios and otherwise breaching their contracts.
Source: GamesIndustry.biz
Related Posts:
- Digital Jesters Wound-Up by British Court (January 11, 2006)
- Super X Parts Ways with Publisher Digital Jesters (December 1, 2005)
- Kylotonn Severs Digital Jesters Ties (November 23, 2005)
- Developers Threaten Digital Jesters with Legal Action (November 7, 2005)
Thompson Comes Under Fire
Controversial anti-video gaming lawyer Jack Thompson appears in court to defend right to practice law in Alabama. Law firm Blank Rome has filed a motion to have Thompson taken off the case and to revoke his legal license.
Sources: EuroGamer | gameindustry.biz | Wired Article on Thompson | Wikipedia Entry on Thompson
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)
Elevation takes Controlling Interest in BioWare
Elevation Partners, of whom the singer Bono is a partner, takes a controlling interest in Edmonton-based Bioware Corp. and Westwood California’s Pandemic Studios
Sources: Gamasutra | 1Up.com | ign.com | Gamespot | joystiq
Australian Province of Victoria considers Changing Game Ratings
Australia is known for banning many video games that are commonly acceptable in North America and Europe. Australia does not have a “mature” classification for games as it does for films. Australian’s IEAA (an industry lobby group) commissioned a study that finds that 88% of the survey’s respondents believe that games with mature themes should be classified as 18+ just as films are. Members of Australian provincial government of Victoria is meeting this week to discuss the renewed calls for a change in the national laws with a view to including an 18+ rating for video games.
Sources: gamasutra.com | gameindustry.biz | EuroGamer
Koei Expands Toronto Studio
Toronto gaming publisher looks to expand workforce by 150-200 people.
Sources: Gamespot | 1Up.com | Koei Canada | GamaSutra Nov. 7 Feature Article
Contracting: Case for Flexible Milestone Deliverables
by Thomas H. Buscaglia.
Source: Gamasutra | Tom Buscaglia’s Blog
Ratings Firm Offers ESRB Overhaul
PSVratings has offered to take on the job of categorizing games. The firm says it can address subjectivity issues in various State laws designed to protect minors from ‘violent’ games.
Source: Next-Gen.biz
The (New) Dawn of Digital Distribution
Every multimedia conglomerate and its sister company wants in on the digital distribution market, but is it finally ready for prime time?
Source: GameSpot | Earlier Related Story: GameSpot (Nov. 9, 2004)
Game Pricing Strategies: A Hypothesis
Tom Hunter discusses the current and future pricing model for video games. Hunter argues why, in today’s modern age, there may be alternatives to charging consumers flat rates for specific content, citing the subscription-based cable industry as a model of particular merit to examine
Source: GamaSutra Feature
Second Japanese Prefecture Restricts Grand Theft Auto III
The Japanese prefecture of Saitama, which neighbors Tokyo, has become the second local government in Japan to ban the sale of Grand Theft Auto III to anyone aged under eighteen, according to Japanese online reports.
Source: Gamasutra
Related Posts:
- Japan to Introduce Revised CERO Ratings System (February 17, 2006)
- Second Japanese Prefecture Restricts Grand Theft Auto III (September 20, 2005)
- Japanese Retailers Enforce Restrictions on 18-Rated Games (July 19, 2005)
- Japanese Prefecture Restricts Grand Theft Auto Sales (May 31, 2005)
Microsoft Sued for Halo 2 Metal Case Packaging
Danish Glud & Marstrand is suing Microsoft for breach of a nondisclosure agreement, according to reports in the European game press. In 2002, G&M offered its services to produce metal game cases for Microsoft, and the two signed NDAs and exchanged information. Apparently, their services include the use of some form of confidential manufacturing or design technology that they disclosed to Microsoft after signing an NDA. Microsoft chose to use a competitive firm, Viva, to produce the cases. G&M claim they would never have provided the confidential information to Microsoft if it knew Viva was also bidding for the business.
Dale’s Comment: In order to successfully sue for breach of an NDA, you need to establish that something confidential was disclosed to third parties contrary to the NDA in question. Using mettle casings for video game packaging is hardly a new or secret idea. I gather the full facts of the case have not been disclosed because based on these reports there is no case here.
Source: Gamespot | GameDaily | The Inquirer | TVG | GameIndustry.biz
Audit Rights – Use Em or Lose Em!
Attorney Tom Buscaglia takes a look at royalty audits, a provision in most publisher contracts that few developers choose to exercise, but, Buscaglia suggests, many should.
Source: GamaSutra Feature
ESRB Demands U.S. Game Publisher Audits For Hidden Game Content
In the wake of the hot-coffee controversy, the Entertainment Software Rating Board is demanding that US publishers complete a comprehensive audit of all titles released over the past year in a bid to crack down on hidden in-game content.
Sources: Gamasutra | GameIndustry.biz | The Register | Ferrago
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:
- Hot Coffee’s Effects on the Mod Scene (October 27, 2006)
- 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)
Korea Reacts to Increase In-game Addiction
The Korean government is responding with programs to fight online-gaming addictions as the number of gamers seeking help climbs dramatically.
Source: Gamespot
Gizmondo Settles Jordan Lawsuit, Raises New Capital
Gizmondo has settled its sponsorship agreement lawsuit with Jordan Grand Prix in an out of court mediation by the payment of $1,500,000 in cash and the issuance of 30,000 shares of the Company’s restricted common stock. Gizmondo had contracted with Jordan to feature Gizmondo advertisements on the side of Formula 1 race cars.
Source: Gamasutra
Related Posts:
- Gizmondo Europe to be Liquidated (February 7, 2006)
- Gizmondo Europe Files for Bankruptcy Re-Organization (January 23, 2006)
- Gizmondo May Hand over Smart Adds Inc. to Repay $21m Debt (January 16, 2006)
- Gizmondo Settles Jordan Lawsuit, Raises New Capital (September 7, 2005)
- Handheld Games Sues Tiger Telematics, Makers of the Gizmondo Portable Gaming System (June 8, 2005)
Blizzard Wins Video Game Hacking Lawsuit Against BNetD
Text of Blizzard v. BNetD Decision
Audio of Oral Arguments before the Eight Circuit Court of Appeals [MP3 from EFF]
In making a more stable and feature-rich, multi-player online video game server available for free to Blizzard’s video game customers, in competition to Blizzard’s own proprietary Battle.net server, the 8th circuit CA held, among other things, that the appellants’ (i) reverse engineering and circumventing of Blizzard’s CD key validation process; (ii) distribution of the resultant circumvention software; violated the anti-circumvention and anti-trafficking provisions of the DMCA.
Dale’s Comment: It seems to me that this is yet another unintended consequence of of the DMCA. The DMCA’s primary purpose is to protect copyright, not to protect Blizzard’s business model. So long as players are using properly purchased/licensed versions of the game, end users should not be liable if they create a competitive online means of playing that game.
Sources: CNet News | Gamasutra | ars technica | Red Herring | GameSpot | EFF Page on Case | EFF Critique of Case | Salon.com Back Story Article
Nintendo Patents “Sanity System” for Video Games
Text of Sanity Patent
Nintendo was granted a patent for a sanity system for video games by the United States Patent and Trademark Office.
Dale’s Comment: This patent may not be enforceable due to being obvious. Or, if it is Quantic Dream may be in breach of this patent given that the main character, Lucas Kane, in it’s critically acclaimed Indigo Prophecy game (also known as “Fahrenheit” in Europe) is directly affected by his current mental health state. This game mechanic has clearly been used before.
Source: Team Xbox
EA Gets Government Help To Train Quebec Employees
EA is planning to spend $2.6 million to train current and future staff at its Montreal offices, with $660,000 worth of help coming directly from the Quebec government.
Source: Gamasutra
Austrian Court Rules in Favour of JoWooD
A Vienna court has rejected a petition by Australian developer Perception to have publisher JoWooD declared bankrupt after a series of disputes between the two companies.
Sources: Gameindustry.biz | GamaSutra | JoWooD Accused of Libel by Perception