Man Commences Class Action Suit Against Microsoft over Alleged Xbox 360 Glitch

Text of Complaint

The proposed class action suit claims that Microsoft released a “defectively designed” product that is prone to failure due to overheaing.

Dale’s Comment: While initially denying the extend of this problem in late 2005 and early 2006, in October of 2006 Microsoft offered to replace all defective units without charge.

[March 29, 2006 Update: ars technica reports that On March 29, 2006, the complainant Robert Byers filed for voluntary dismissal of the case.]

Sources: BBC | GameIndustry.biz | GameDaily

Illinois District Judge Rejects Safe Game Illinois Act

Text of ESA v. Illinois Decision
Text of Rejected Act

In ESA v. Illinois, an Illinois District Court issued a permanent injunction against the implementation of Illinois’ “Safe Game Illinois Act” that implemented two new criminal laws, the Violent Video Games Law and the Sexually Explicit Video Games Law, finding that each violate the First Amendment.

Sources: Gamasutra | MSNBC | Chicago Tribune | CBS News | L.A. Times | Chicago Sun Times | Next Generation | Gamers.com | joystiq | ESA Statement

GamePolitics Full Coverage of Illinois Game Law

Pernell Harris Sues EA over Features in Madden 06

Harris claims that EA is in breach of an “implied in fact contract” and a confidentiality agreement by using his idea for the NFL Superstar mode in the game without compensation. The mode allows the gamer to take day-to-day control of an NFL player both on and off the field. He says the idea stems from a confidential pitch he made to EA in 2004.

Sources: Gamasutra.com  |  Next Generation  |  GameSpot  |  Reuters  |  ZDNet

Cheatcc.com and Crave Online Media in Cheat Codes Dispute

A Colorado man who is an expert video-game cheater is accusing another video-game expert of — what else? — cheating. Ultimately, it’s a straightforward copyright-infringement action that raises the interesting question of whether copyright can subsist in cheat codes submitted by a website’s user base.

Sources: Casper Star Tribune | Davis and Co. LLP | Net Boulevards | Jackson Holes Star Tribune
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Super X Parts Ways with Publisher Digital Jesters

Seattle-based independent game developer Super X Studios has announced that it is terminating the company’s agreement for its Independent Games Festival-winning Xbox and PC safari adventure title Wild Earth with apparently still-troubled UK-headquartered publisher Digital Jesters and related companies.

Source: Gamasutra

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IEMA & ESA Respond to Clinton & Lieberman Family Entertainment Protection Act

The Interactive Entertainment Merchants Association, representing video game retailers, has issued an official response to the Family Entertainment Protection Act just introduced by Sen. Hilary Clinton and Sen. Joe Lieberman, which would place federal controls on video game retailing and the industry-sponsored Entertainment Software Ratings Board.

Sources: GamaSutra IEMA Response | Gamasutra: EMA Response | GameSpot | GameIndustry.biz | Next-Gen.biz | IGN | Team XBox

GamePolitics.com’s Full Coverage Video Game Legislative Activities in Congress
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Senators Clinton & Lieberman Introduce Federal Game Regulation

The proposed Family Entertainment Protection Act would levy fines for M-rated game sales to minors, create annual ESRB review, authorize FTC retailer audits

Sources: GameStop | IGN | ZDNet | Next Generation | GameDaily | 1Up.com | GameIndustry.biz | Clinton Website Announcement and Summary of Proposed Act | Lieberman Website

GamePolitics.com’s Full Coverage Video Game Legislative Activities in Congress
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Kylotonn Severs Digital Jesters Ties

Representatives from French developer Kylotonn Entertainment have announced that the company has terminated its distributing and publishing agreement with UK-headquartered publisher Digital Jesters with immediate effect, complaining of a series of breaches of contract.

Source: Gamasutra

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Xfire, Yahoo! Near Terms for Patent Dispute Settlement

Pivotal hearing in early December scrapped as parties seek to settle patent infringement lawsuit out of court. Yahoo! had sued Xfire for using in-game friend finding technology that allegedly infringes Yahoo’s Messenger patent 6,699,125.

Sources: GameSpot | TG Daily Reports the Parties have Settled

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A Game Developer’s Bill of Rights

Eric Zimmerman, co-founder and CEO of gameLab, proposes a bill of rights that postulates “the correct and proper ethical positions” for game developers to take when negotiating contracts with publishers. The x rights he discusses in this piece are:

  1. The right to full ownership of what we fully create.
  2. The right to be billed as the game creator in marketing and on game packaging at least as prominently as any mention of the game publisher.
  3. The right for every individual involved in creating the project to be given accurate and prominent credit within the game.
  4. The right to move freely between publishers on new game projects.
  5. The right to a fair and equitable share of profits derived from a game.
  6. The right to full and accurate accounting of any and all income and disbursements relative to our work.
  7. The right to promote and the right of approval over any and all promotion of our games and ourselves.
  8. The right of approval over means for distribution, as well as for licensing, merchandizing, and other derivative versions of our games.
  9. The right to a publishing arrangement that reflects the iterative nature of game development; one that recognizes that changing a game as it is developed is part of creating a game.
  10. The right to a publishing arrangement that results in a process that conforms to accepted standards regarding work hours, compensation, and labor practices.
  11. The right to acquire publishing rights to a game if the publisher has stopped distributing the game.
  12. The right to employ legal representation in any and all business transactions.
  13. The right to final say in creative disputes regarding the game.

Source: Gamasutra