<![CDATA[Kotaku: Lawsuit]]> http://cache.gawker.com/assets/base/img/thumbs140x140/kotaku.com.png <![CDATA[Kotaku: Lawsuit]]> http://kotaku.com/tag/lawsuit http://kotaku.com/tag/lawsuit <![CDATA[ Nintendo Sued For Patent Infringement (Yes, Again) ]]> Earlier this year, Nintendo was on the receiving end of a ruling that the company's GameCube, Wavebird and Classic Wii controllers were in violation of a patent filing dating back to 2000 for a "3D controller with vibration." Judgment in the case ruled that Nintendo owes $21 million in damages to Texas-based firm Anascape Ltd. Today, it would appear that the company's misfortunes aren't over, as Motiva, LLC, a "small Ohio technology company," also claims Wii patent infringement.

Motiva claims that Nintendo's Wii technology is in violation of a patent it holds for "a 'Human Movement Measurement System' comprising a hand-held tracking device in communication with a base station that can be used to create an interactive gaming experience." That patent application was filed in July 2004 and granted November 2007.

The 'Human Movement Measurement System' application can be read at Google Patents.

The silver lining from the case is the hilarious quote from attorney W. Mark Lanier, who represents Motiva: "Using someone else's technology without permission is theft. Nintendo makes video games where you get to play a thief, but that doesn't give them the right to be one."

It also doesn't give Nintendo the legal right to stomp turtles, assault Moblins or deliberately trick us about their gender by wearing asexual bounty hunter space suits.

The Lanier Law Firm Announces Patent Infringement Lawsuit Against Nintendo Over Wii Video Game Technology

TYLER, Texas, Nov 11, 2008 — Attorney W. Mark Lanier of The Lanier Law Firm is announcing a patent infringement lawsuit filed against Kyoto, Japan-based video game giant Nintendo Co. Ltd. and its U.S. subsidiary on behalf of a small Ohio technology company based on claims that Nintendo infringed the company's patented technology to produce the popular Wii video game.
The lawsuit, Motiva, LLC v. Nintendo Co., LTD, et al., No. 6:08-cv-429, was filed in the U.S. District Court for the Eastern District of Texas/Tyler Division on Nov. 10, 2008. Dublin, Ohio-based Motiva is represented by W. Mark Lanier, Christopher Banys and Daniel Bedell from The Lanier Law Firm, and Wesley Hill from Tyler's Ireland, Carroll & Kelley.

The Motiva patent, U.S. Patent No. 7,292,151, was granted by the U.S. Patent and Trademark Office in November 2007 following a patent application filed in July 2004. Nintendo began selling its Wii video game in November 2006.

The asserted patent involves technology used to create a "Human Movement Measurement System" comprising a hand-held tracking device in communication with a base station that can be used to create an interactive gaming experience, among other capabilities. Nintendo's Wii video game system uses an interactive hand-held remote in communication with a base station to reproduce users' movements on televisions and other display screens.

"Using someone else's technology without permission is theft," says Mr. Lanier, counsel for Motiva. "Nintendo makes video games where you get to play a thief, but that doesn't give them the right to be one."
In May of this year, Nintendo was hit with a $21 million patent infringement verdict in the U.S. District Court for the Eastern District of Texas/Lufkin Division. In that case, jurors found that Nintendo infringed several patents to produce the Wii remote control device.

With offices in Los Angeles, Palo Alto, Houston and New York, The Lanier Law Firm is committed to addressing client concerns with effective and innovative solutions in courtrooms across the country. The firm is composed of outstanding trial attorneys with decades of experience handling cases involving personal injury, pharmaceutical liability, asbestos exposure, intellectual property, business litigation, product liability, toxic exposure and maritime law.

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Kotaku-5083598 Tue, 11 Nov 2008 18:00:00 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=5083598&view=rss&microfeed=true
<![CDATA[ NFL Retirees Win $28M in Madden Lawsuit ]]> Retired National Football League players have won a $28 million verdict against the NFL's players union, in a federal lawsuit alleging they were cheated by a sweetheart deal the union struck with Electronic Arts over the use of ex-players' images in the Madden franchise. Three quarters of that figure are punitive damages. The verdict will almost certainly be appealed.

The allegations, according to the lawsuit and an open letter written to John Madden back in September, charge that Take-Two's brief entry into the football sim market earlier this decade caused EA and the Union to strike a fast, below-market deal locking up certain Hall of Fame players' images in Madden.

Other players alleged that their likenesses are identifiable and used, without permission, among the 143 vintage teams included or unlockable in Madden over the years. They got their hands on communications showing how EA and the Union attempted to "scramble" the appearances by giving them different numbers, but players contended they were still reasonably identified by traits such as position, playing statistics, and the years they played.

A federal jury in San Francisco ruled for the players, awarding them $7.1 million for the use of their likenesses and $20.9 million in punitive damages.

"There are 143 vintage team games from Electronic Arts. These are teams that are people's favorite,'' the players' attorney told the jury. "These men did nothing but trust their union.'' The union argued that only active players were covered by the agreements.

"The decision is contrary to the law and it's an unjust verdict and we are confident it will be overturned,'' said union lawyer Jeffrey Kessler.

The lead plaintiff in the suit was Herb Adderley, a former defensive back with the Green Bay Packers who played from 1961 to 1972.

Retired NFL Players Win $28 Million in Royalties From Union [Bloomberg News]

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Kotaku-5083299 Tue, 11 Nov 2008 14:00:00 MST Owen Good http://kotaku.com/index.php?op=postcommentfeed&postId=5083299&view=rss&microfeed=true
<![CDATA[ EA Hit with Two New Anti-DRM Class Action Suits ]]> Two people filed suit in federal court against Electronic Arts back in October, alleging the SecuROM digital rights management installed on their machines by a trial version of Spore Creature Creator, and a full version of the Sims, constitutes unlawful and deceptive business practices.

These two suits, reported today by GamePolitics, seek class action status and join a third filed in September over the use of DRM in Spore.

The first suit, lodged by a Pennsylvania man who installed the Spore trial, says that the installation of DRM on a freely distributed program "constitutes a major violation of computer owners' absolute right to control what does and what does not get loaded onto their computers, and how their computers shall be used." The suit says the EULA for the trial made "utterly no mention of any Technical Protection Measures, DRM technology, or SecuROM whatsoever."

The second, filed by a Missouri woman, says that after installing DRM-protected The Sims 2: Bon Voyage, she began experiencing problems with her PC. Backup CDs with Sims 2 game content were no longer recognized by her competer; neither were files saved on her USB flash drive or iPod. She rid herself of the DRM and the problems only by reformatting her PC. She accuses EA of engaging in "unfair business practices" as well as conduct that is "immoral, unethical, oppressive [and] unscrupulous ..."

No, we have not contacted EA for comment. I'm sure they'd either say they haven't read the suit and can't comment on it, or they have and don't comment on pending litigation. Either way, it's out there. Someone's accusing EA of bad business practices in more than just a Reddit thread.

New Class-Action Suits Target EA, SecuROM, The Sims & Spore Creature Creator
[Gamepolitics]

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Kotaku-5080622 Sat, 08 Nov 2008 15:00:00 MST Owen Good http://kotaku.com/index.php?op=postcommentfeed&postId=5080622&view=rss&microfeed=true
<![CDATA[ Inmate Sues Warcraft For Eleventeen Zillion Gold ]]> So by now we should all be up to speed on Johnathan Lee Riches, the South Carolina inmate who kills time by filing lawsuits against the likes of Barry Bonds, Michael Vick, and anyone else who happens to be in the news. For a time, shitheads mainstream media treated the claims seriously, but now we all have to realize he's just having fun, and showing zero respect for a judicial system that put him in the clink.

His latest salvo is novel, however, in that it's a freaking third-party motion in the courtroom pugilistics involving Blizzard and MDY Industries. Riches' motion, no doubt handwritten on notebook paper, claims World of Warcraft turned his mind "into a living video game" that forced him to live "in a virtual universe, where [I] explored the landscape committing identity theft and fighting cybermonster rival hacker gangs."

Taking the claim at face value, the problem is not that Warcraft ate Riches' brain; it's the idea that Warcraft is being played by inmates. I smell a powerlevelling prison labor scandal!

Prison Inmate Sues Blizzard Over WoW Addiction [1Up]

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Kotaku-5079755 Fri, 07 Nov 2008 16:40:00 MST Owen Good http://kotaku.com/index.php?op=postcommentfeed&postId=5079755&view=rss&microfeed=true
<![CDATA[ Fallout 3 Ads Make DC Metro Rider's Butt Hurt ]]> Oh God, not this shit again. In a letter to the editor published today in The Washington Post, Joseph Anzalone of Washington says the ads for Fallout 3 displayed in D.C.'s Metro system are so disturbing they should be taken down.

"The people of our city do not need a daily reminder that Washington is a prime target for an attack. We do not need a daily reminder of what our worst fears look like."

The advertisements depict a post-apocalyptic District, with a caved-in Capitol dome, ruined Washington Monument and flags, and big mean enemy soldiers that are like scary'n stuff.

"Since any First Amendment objection would be irrelevant (the ads do not present a true viewpoint or political message and would therefore not be protected), there is no reason for these ads to be part of our daily panorama."

No, jackass, but that's not even the point. The speech is protected by a fucking advertising contract. You know why they sell ads on a public transit system? It indirectly helps keep your fares low and more trains in service when you want them. But if you want WMATA to break that contract, I'll refer you to this case. And you know why that pisses me off? Not because of your amateur Constitutional scholarship, or your whingeing that a video game frightens you and therefore should frighten others. It's because if that contract is broken, WMATA is partially federally funded, and I'm not sure that my taxes wouldn't be paying some lawyer somewhere because of your teeth-sucking know-it-all lecture on what's appropriate and where. But the bottom line, you seem to be the only one offended by this. That's not enough of a mandate.

Update: The more I think about this, the madder I get. What really pisses me off is this is an advertisement for a video game. Because someone chooses to see it as "a reminder of what our worst fears look like," doesn't make it that. It's the same culture-of-fear garbage retailed by our government to the mainstream media for the past seven years, and I'm sick and tired of it.

Ruining Our Metro Ride [Washington Post via GamePolitics]

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Kotaku-5068747 Sat, 25 Oct 2008 09:00:00 MDT Owen Good http://kotaku.com/index.php?op=postcommentfeed&postId=5068747&view=rss&microfeed=true
<![CDATA[ Settlement in Take Two - Chicago Bus Ad Suit ]]> Remember the lawsuit over the Chicago bus ads for Grand Theft Auto IV that the city took down after a TV report created bad publicity? Seems a settlement is in the pipeline. GamePolitics is reporting an agreement has been reached but there's no comment and no specifics.

Back in April, Chicago saw a headline-grabbing wave of violence — close to 40 shootings, seven of them fatal, 13 of the casualties school age. Around that time the GTA ads went up on city buses, like they were in other cities, per a $300,000 contract between Take-Two and the city. Because local television's business model depends heavily on the exploitation of others' fear and misery for profit, Fox News Chicago called up a bunch of chickenshit pols and huffed about the appropriateness of the ads. So they were taken down. Take-Two then sued for breach of contract.

I'm not sure what the terms of the deal are but maybe this'll teach someone to show a little spine next time some blow-dried shit-for-brains TV reporter waves a microphone in their face.

Take-Two Nearing GTA IV Ad Settlement with Chicago Bus Company [GamePolitics]

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Kotaku-5059045 Sat, 04 Oct 2008 14:00:00 MDT Owen Good http://kotaku.com/index.php?op=postcommentfeed&postId=5059045&view=rss&microfeed=true
<![CDATA[ Blizzard Awarded $6 Million In Glider Bot Battle ]]> You may recall a story from last year regarding Blizzard and their legal case against MDY Industries, creators of the World of Warcraft Glider program that allowed players to pretty much put themselves on autopilot to help them escape the rigors of the easiest-to-level MMO in existence. Back in July, Blizzard won summary judgment against the add-on creator, and now we get a peek at just how much going up against the gaming giant has cost MDY. $6 million is the figure awarded to Blizzard, which considering how much money the company brings in on a monthly basis should be enough to buy snacks for the week. A high figure to be sure, which would have been much higher had MDY not successfully challenged some of Blizzard's claims. Blizzard still has time to appeal the judgment in order to seek the damages lost via dismissed claims, but considering the chances of MDY even having that much to pay out, it might be best to just mark it a victory and move on. The case will return to court at the beginning of the year to clear up any outstanding issues.

Blizzard wins Warcraft bot payout [BBC News]

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Kotaku-5057466 Wed, 01 Oct 2008 11:20:00 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=5057466&view=rss&microfeed=true
<![CDATA[ Class Action Lawsuit Arises Over Spore DRM ]]> Whenever you find large numbers of unhappy people, you're bound to find a lawyer. In this case it's Alan Himmelfarb with KamberEdelson of Vernon, California, who has filed a class-action suit against EA over the DRM in EA's Spore. The suit, filed Monday with the Northern California District Court on behalf of plaintiff Melissa Thomas and "all consumers globally who have purchased the Spore computer game", addresses complaints that consumers are not fully aware of what exactly SecuROM does on their system, and also cites a separate program that installs on the control center of the computer and can disrupt system functions.
Plaintiffs demand disgorgement of unjust profits and damages for trespass, interference, unfair competition and consumer law violations.

You can see the full suit in PDF form over at Courthouse News. It's rather lengthy, containing excerpts from EA's FAQ as well as quotes from Amazon.com reviews, oddly enough. Looks like someone's done his homework. EA might even have to assign two lawyers to deal with this one.

'Spore' Hijacks Computers, Class Claims [Courthouse News via GamePolitics - Thanks Brendan]

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Kotaku-5054175 Wed, 24 Sep 2008 09:40:00 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=5054175&view=rss&microfeed=true
<![CDATA[ Yourself!Fitness Developer Suing Ubisoft Over My Coach Games ]]> Yourself!Fitness creators are suing Ubisoft claiming that the publisher first signed a deal with them to produce My Fitness Coach for the Wii , and then, after missing the Wii Fit launch window, started work on the unrelated My Weight Loss Coach game instead.

The suit, filed on July 16 and obtained by Game Daily, is seeking at least $26 million from Ubisoft for breach of license agreement and continued damage.

That money is meant to make up for the licensing fees ResponDesign was expecting from Ubisoft as well as the royalties.

Ultimately, ResponDesign says that Ubisoft "from the outset failed to diligently pursue development of the game, ignored the terms of the license agreement and acted in bad faith." After a while Ubisoft told ResponDesign that the game wouldn't be ready until first quarter of 2009 and the publisher also complained of missing assets. Ubisoft also told ResponDesign in July that it would be changing the name of the game to Yourself!Fitness in the U.S. and Go Fitness in Europe; it was no longer in the "My Coach" line. As of the filing of the suit, Ubisoft has not done any marketing or PR surrounding the game.

We've contacted Ubisoft for comment and will update when and if they respond.

Yourself!Fitness Developer Suing Ubisoft for 'No Less' Than $26 Million [Game Daily]

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Kotaku-5037448 Fri, 15 Aug 2008 09:00:00 MDT Brian Crecente http://kotaku.com/index.php?op=postcommentfeed&postId=5037448&view=rss&microfeed=true
<![CDATA[ Scrabulous Triumphantly Returns As Wordscraper ]]> Facebook word game fans rejoice! Scrabulous, pulled from Facebook only two days ago due to a lawsuit from Scrabble creators Hasbro, is now back up in the form of Wordscraper. The makers of Scrabulous have given the game some graphics and mechanics tweaking to help differentiate it from the Hasbro original. This is when we get to see if Hasbro's lawsuit had any real merits. Will people stick with the reincarnated Scrabulous, or will they hop on over to Hasbro's official Scrabble Facebook application, currently being enjoyed by over 50,000 players?

The real question here is “Why the hell are so many people wasting their entire day playing games on a social networking site?” How is anything getting done, anywhere?

Scrabulous is Back! Its New Name is Wordscraper
[Mashable via CNET]

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Kotaku-5031572 Thu, 31 Jul 2008 11:40:00 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=5031572&view=rss&microfeed=true
<![CDATA[ Nintendo's Patent Case: The Unanswered Questions ]]> Earlier today, we learned that Nintendo had lost its bid for a new trial in the patent infringement suit brought against it by small Texas-based firm Anascape Ltd. Nintendo is ordered to pay $21 million to Anascape, who also named Microsoft and Sony in the same lawsuit — those two, however, opted earlier to settle out of court.

A ban on sales of all GameCube controllers - including GameCubes that come bundled with the infringing controllers — issued by U.S. District Judge Ron Clark is currently on hold while Nintendo appeals the verdict on the Federal level.

If the appeal fails, what are Nintendo's options, and what's the gaming giant saying about the case?

Not much. Nintendo's official comment is pretty limited; "Nintendo was already planning to appeal this case to the Federal Circuit court,'' said spokesman Charlie Scibetta. "The recent ruling by the trial court does not impact that decision."

In the event that the appeal fails, Nintendo has the option of posting bond or paying royalties to be placed in escrow, but citing pending litigation, a rep refused to answer any further questions on what routes Nintendo might take beyond the comment already issued.

The Nintendo Wii remote was found not to violate the patent as long as it's being used without the Wii's Classic controller, and the Nunchuk is exempt, as well.

But who is Texas-based Anascape? Nobody much, apparently. They seem to lack an official website, and even a WhitePages.com search reveals no such business listing in Tyler, Texas. It's an Ltd — Limited liability company — which means it could be simply an investment partnership and not a headquartered office at all.

According to Bloomberg, Anascape's attorney has said that the company wanted to enter the market, but that Nintendo "dogged the channel." When asked for comment, Nintendo also declined to respond to that allegation.

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Kotaku-5027878 Tue, 22 Jul 2008 16:20:00 MDT Leigh Alexander http://kotaku.com/index.php?op=postcommentfeed&postId=5027878&view=rss&microfeed=true
<![CDATA[ Nintendo Facing Controller Ban Over Patent Lawsuit ]]> Getting your hands on a Wavebird, Classic Controller, or Nintendo GameCube could shortly become very difficult as Nintendo faces a ban on all three devices, following a failed attempt to overturn the verdict in a $21-million dollar patent infringement suit brought on by Texas-based Anascape Ltd. U.S. District Judge Ron Clark plans on issuing the ban on these Nintendo products tomorrow, giving the company a chance to avoid the ban by posting bond or placing royalties in an Escrow account. According to Anascape lawyer Doug Cawley, the ban will be placed on hold while Nintendo appears on the Federal level.

"Nintendo was already planning to appeal this case to the Federal Circuit court,'' Nintendo spokesman Charlie Scibetta said in an e-mailed statement. ``The recent ruling by the trial court does not impact that decision.''

Note that the ban does not affect the Wii remote or nunchuck controllers - just the standard controllers that include analog sticks.

Nintendo Faces Ban on Some Wii, GameCube Controllers [Bloomberg - Thanks Shannon]

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Kotaku-5027701 Tue, 22 Jul 2008 09:40:00 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=5027701&view=rss&microfeed=true
<![CDATA[ MTV Calls Konami's Rock Band Lawsuit "Surprising", "Baseless Litigation" ]]> Last night, word broke that Konami, publisher and developer of trailblazing rhythm games Guitar Freaks and Drummania, was suing Harmonix. The Japanese company claimed that the developer of Rock Band was in violation of three patents held by Konami, seeking damages (read: cash) and demanding that Harmonix and parent company Viacom cease the use of its inventions (read: more cash).

MTV News received a response from an MTV spokesperson on the matter — which, in my mind, was shouted across cubicles — who said the lawsuit was "extremely surprising." The rep further noted that "successful products such as 'Rock Band' can often become targets for baseless litigation." We agree, especially when the entity filing suit is showing up extremely late to the party with its own stillborn excuse for a rock game. At least those poor unfortunate litigation lawyers will finally get a few bucks coming to 'em.

Further details on the suit at MTV News.

'Rock Band' Creators Sued By 'Rock Revolution' Publisher Konami [MTV News]

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Kotaku-5024498 Fri, 11 Jul 2008 17:40:29 MDT Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=5024498&view=rss&microfeed=true
<![CDATA[ Xbox 360 Doesn't Violate Alcatel Patents ]]> A federal jury has thrown out the third of five lawsuits brought against Microsoft by Alcatel-Lucent SA which alleged that the Xbox 360 violated the company's video coding patent.

The tech company was seeking $419 million in damages and Microsoft was counter-suing for $11.5 million.

Last February, a federal jury ordered that Microsoft pay $1.5 billion in damages to the telcom equipment maker for violating two patents related to digital music, specifically MP3 encoding and decoding via Windows Media Player. That award was later overturned, and Alcatel is expected to appeal later this year.

That finding and the most recent finding are part of a larger suite of suits that also involve speech coding and the video coding used in the Xbox 360.

Microsoft didn't infringe on video patent, jury finds [San Diego Tribune]

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Kotaku-5013876 Fri, 06 Jun 2008 09:03:14 MDT Brian Crecente http://kotaku.com/index.php?op=postcommentfeed&postId=5013876&view=rss&microfeed=true
<![CDATA[ WoW Player Still Suing IGE For Gold Farming ]]> igelogo.jpg One would have thought the lawsuit filed last May by Florida resident and WoW player Antonio Hernandez against gold farming juggernaut IGE would have disappeared long before now, but it's still alive and well. Despite IGE's claims that their U.S. operation is no longer involved in the virtual gold business, Hernandez's attorney C. Richard Newsome believes the pertinent issues still need to be addressed.
"The real significance of this case is, 'What are the rights of the [virtual world] community members when they go online?'"
Newsome argues that players entering the game agree that they "may not sell items for 'real' money or otherwise exchange items for value outside of the [virtual world]." The only problem here is that the same agreement recognizes that the player has no ownership or property rights in the game.

IGE's attorney seem to be familiar with the agreement, having argued in court papers that players don't have the right to even bring forth this lawsuit. It's sort of like a person trying to sue a thief who swiped the lawnmower he sometimes borrows from his neighbor. Still, they are ready to fight if need be.

"The stakes are high and our intention is to address [the lawsuit] in court," Miller said.
So where is Blizzard in all of this?
"We believe that shutting down gold farming and real-money transfer is in the interest of all World of Warcraft players and that a victory in this case would have a positive long-term effect on the online gaming industry as a whole," said Paul Sams, Blizzard Entertainment's chief operating officer
Um, shouldn't you guys be the ones doing this? I mean, Hernandez doesn't have a legal leg to stand on. Supporting him is great and all, but perhaps you could do more to keep this sort of thing from happening instead of just standing behind Antonio and nodding encouragingly? That would be great.

We'll keep you posted in case anything ever comes of this whole mess.

Video game fan asks court to ban real sloth and greed from World of Warcraft
[South Florida Sun-Sentinel.com]

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Kotaku-377257 Tue, 08 Apr 2008 08:40:00 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=377257&view=rss&microfeed=true
<![CDATA[ Guitar Hero Wii Mono Lawsuit Settled ]]> You may remember the class action lawsuit filed against Activision this past November on behalf of owners of the flawed, mono-only version of Guitar Hero III: Legends of Rock. The lawsuit, submitted by Samuel Livingston of California, sought "actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney's fees, and all further relief available." Well now Activision and Livingston have settled out of court, and Livingston made millions! MILLIONS! Okay, so he didn't get millions. What he, and every other owner of the defective version of the game got, was an extension on the replacement program until August 2008, and a free faceplate - the same faceplate they were already sending out anyway. Oh, and Activision promises not to make the faulty version of the game anymore. Wow. Next time Sam? Just fill out the damn form.

Activision settles mono sound suit
[GameSpot]

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Kotaku-377093 Mon, 07 Apr 2008 20:00:00 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=377093&view=rss&microfeed=true
<![CDATA[ Blizzard Versus Glider: The Motions ]]> blizzardmotions.jpg Last year, Blizzard decided to go after Glider (the botting program that lets you skip past the grind and get to the good stuff); Michael Donnelly, the guy behind Glider (who has apparently made nearly $2.8 million off of it) is fighting back, and now both sides have filed motions arguing their case. The summary judgment briefs and analysis have been making the rounds the past week or so: Blizzard claims that Glider infringes on the EULA of WoW by copying portions of code and is pissing of WoW players (as well as gobbling up resources), while Glider is saying that grinding to level 70 is boooooring and they're just helping players get to the fun bits. Both sides are seeking to be declared victorious without having to go through a protracted legal battle. We'll see what happens and who comes out on top.

Terra Nova has mirrors of the summary judgment motions, as well as a quick little wrap-up; Rock, Paper, Shotgun gets to the nitty gritty and also has a poll (question: 'Should Blizzard crush Glider?' options: 'Aye! Bots = cheating,' 'Nay! Grinding = misery,' 'Ayenay! Blizzard should provide a levelling service themselves' - thus far, 'Aye!' is winning), and PlayNoEvil has some analysis up from a security standpoint.

Blizzard v WoW Glider: Interesting, no? [Terra Nova]; Democracy Inaction: Blizzard vs Bots [Rock, Paper, Shotgun]; World of Warcraft Warden vs. Glider - Which is the Lesser Evil? Who owns my computer? {PlayNoEvil]

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Kotaku-373770 Sat, 29 Mar 2008 15:00:00 MDT Maggie Greene http://kotaku.com/index.php?op=postcommentfeed&postId=373770&view=rss&microfeed=true
<![CDATA[ Harmonix Respond To Sue Happy Gibson ]]> Gibson's first lawsuit against Activision was stupid enough, but subsequent filings against retailers and now Harmonix and MTV show they're clearly suffering from a particularly acute case of STUPID LAWSUIT FEVER. Harmonix are having none of it, and have issued a statement claiming Gibson's suit is "completely without merit".

It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero. This lawsuit is completely without merit and we intend to defend it vigorously.

Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument.

[Pic] ]]>
Kotaku-370960 Fri, 21 Mar 2008 20:20:00 MDT Luke Plunkett http://kotaku.com/index.php?op=postcommentfeed&postId=370960&view=rss&microfeed=true
<![CDATA[ Square Enix Cuts Down Sword Pirates ]]> ffswords.jpgOdds are many of you already own one or more Final Fantasy replica weapons - and that frightens me - but at least they are generally of the more shoddy, unlicensed sword replicas you were likely to find on the cheap via eBay or Bob's Discount Cutlery Emporium. Now Square Enix is taking steps to get those sharp, pointy objects out of the hands of fans, having filed a federal lawsuit in the Central District of California against those whole would infringe upon their intellectual property. At least four manufacturers are named in the suit, which came about after the US Department of Homeland Security and Customs and Border Patrol seized a crate of counterfeit swords designed in the style of famous Final Fantasy weapons. Square Enix investigated, and while many resellers ceased their rampant reselling, the companies targeted by this lawsuit refused to cooperate, calling down spiky-haired justice upon them.

Squeenix's general counsel Yasuhiko Hasegawa offers an apology of sorts to fans who lived for this sort of crap.

While Square Enix appreciates the enthusiasm of its fans, and values its relationship with them, it is also obligated to protect its intellectual property rights or risk weakening or losing the very rights that enable the company to continue to provide its fans with an exciting entertainment experience.
Now the companies, who have not been named specifically, will have to go to court, where Square Enix lawyers will take on their lawyers in classic, turn-based RPG style.

SQUARE ENIX Files Federal Lawsuit Against Alleged Infringers of FINAL FANTASY Franchise

LOS ANGELES, Feb. 12 /PRNewswire/ — SQUARE ENIX CO., LTD., a Tokyo-based leading digital entertainment content company (Square Enix), announced today that it had filed a federal lawsuit in the Central District of California against alleged infringers of Square Enix's intellectual property. The lawsuit names at least four wholesalers of unlicensed sword replicas and their principals, which have willfully infringed four videogames and one CG-animated film in Square Enix's FINAL FANTASY(R) franchise. Additional defendants may be added to this lawsuit. By filing this lawsuit, Square Enix is stepping up its anti-piracy enforcement with aggressive initiatives against individuals and organizations involved in the theft and unauthorized use of the company's intellectual properties. This lawsuit follows multiple confidential settlements with various retailers of similar infringing items, each of which involved the payment of a substantial financial penalty.

The current lawsuit is a result of cooperation with the United States Department of Homeland Security and Customs and Border Patrol, whose agents seized a crate of counterfeit replica swords. These seized swords had been designed to replicate the unique swords featured in Square Enix's FINAL FANTASY franchise. Square Enix conducted a thorough investigation to identify the primary wholesalers and retailers of these unauthorized products in the United States. The targets of the current lawsuit have refused to cooperate with Square Enix.

"We are actively pursuing those who commit intellectual property infringement against our company," said Yasuhiko Hasegawa, Square Enix's General Counsel. "Any illegal activities, including the sale and distribution of unauthorized replica merchandise and counterfeit jewelry, and the unauthorized copying of Square Enix games, music, movies, images, and other intellectual property, will be prosecuted. While Square Enix appreciates the enthusiasm of its fans, and values its relationship with them, it is also obligated to protect its intellectual property rights or risk weakening or losing the very rights that enable the company to continue to provide its fans with an exciting entertainment experience."

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Kotaku-355518 Tue, 12 Feb 2008 11:20:18 MST Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=355518&view=rss&microfeed=true
<![CDATA[ Real Money Transaction Lawsuit Gets Interesting - Very Interesting ]]> debonneville_caption.jpg Internet Gaming Entertainment (IGE) is a virtual property company that's found itself in some hot water (or its founder has found himself in hot water, at least) - Debonneville v. Pierce was filed last summer in California alleging all sorts of shady business dealings on the part of the founder, Brock Pierce. This wouldn't be interesting if documents relating to the suit hadn't surfaced last week, which give an insider's look at the world of RMT companies (and a lot of drama to boot). There have been countersuits filed, and everything is scheduled to go to trial in May of this year. In the meantime, you can't make the contents of the original complaint up:

The Complaint (which is, remember, by its nature entirely one-sided) tells a dramatic and undoubtedly controversial story about virtual property company IGE. It starts at the beginning, when the founders allegedly met playing Everquest, and proceeds like a script for a straight-to-video movie.

It includes third-hand allegations of cash from an earlier venture being spent on illegal drugs, a claim that Pierce's dog was shot by the "Spanish FBI," and allegations of minors being transported across state lines for sex. The complaint even takes a swipe at former-child-actor Pierce's filmography (Pierce played a young Emilio Estevez in The Mighty Ducks and The Mighty Ducks 2, and the lead in First Kid). In short, this is not your average business spat.

PlayNoEvil has some insightful comments up regarding some general problems this case points to. In any case, rare is the court filing that is this entertaining.

Lawsuit Against IGE Founder Brock Pierce Alleges Underhanded Dealing at Virtual Property Company [Virtually Blind via PlayNoEvil]

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Kotaku-351906 Sat, 02 Feb 2008 12:30:27 MST Maggie Greene http://kotaku.com/index.php?op=postcommentfeed&postId=351906&view=rss&microfeed=true
<![CDATA[ Get Your Hot Coffee Pay Out Now (The Lawyers Already Have) ]]> The recently settled class action lawsuit against Rockstar Games and publisher Take-Two Interactive has born cash fruit for those who have had their sensibilities offended by the type of salacious content seen above. Now's your chance to cash in, as the attorneys involved already have, reaping a $1 million payment (minus $45,000 in costs) as part of the agreement. Your profit? Up to $35, should you have the receipt in hand, or as little as $5 if your willing to take the time to file. The pay-outs are as follows.

  • Grand Theft Auto: San Andreas First Edition Disc - Replacement Disc
  • Detailed Store Receipt - Cash payment up to $35.00
  • General Credit Card Statement or Check - Cash payment up to $17.50
  • Disc/Purchase Details - Cash payment up to $10.00
  • No Disc/Purchase Details - Cash payment up to $5.00

Gaming Steve noted that the masses are well aware of the settlement opportunities, now that ads are running in magazines like People. Everyone involved has until May 16 to grab their cash. Good luck!

GTA Class Action Settlement [via Gaming Steve]

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Kotaku-349802 Mon, 28 Jan 2008 19:20:00 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=349802&view=rss&microfeed=true
<![CDATA[ Xbox Live Lawsuit Not Just About The Money, Says Lawyer ]]> The lawsuit recently filed against Microsoft for Xbox Live service interruptions isn't about a threesome of Texans "looking to get rich", says the attorney overseeing the class action filing. It's about holding a company responsible to providing a working service that has already been paid for, despite how many Xbox 360s said company moved during the holidays. We're paraphrasing, of course, attorney Jason Gibson who recently spoke with MTV News about the pending litigation.

However, as far as money goes, the suit finally has a price tag. $5 million in damages are alleged, apparently, have been suffered by the millions of Xbox Live subscribers who couldn't access the service over the holiday period. Gibson says that over 50 plaintiffs have joined the suit since its filing.

Xbox Live Gamers Sue Microsoft For Faulty Service, Lawyer Speaks Out: Exclusive [MTV News]

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Kotaku-345714 Wed, 16 Jan 2008 15:40:00 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=345714&view=rss&microfeed=true
<![CDATA[ Motion Controller Inventor May Sue Nintendo Over Wii-mote ]]>

According to a GoNintendo tipster, former Midway employee Patrick Goschy, seen in the video above, and possibly unnamed parties may file suit against Nintendo for patent violation related to a motion controller he and other Midway Games employees created. Those patents—Motion simulator for a video game and Video game system having a control unit with an accelerometer for controlling a video game—were filed in 1999 with the US Patent & Trademark Office. The demonstration video of Midway's "Velocity Controller" was shot in the summer of 2000, apparently when the heat got to Mr. Goschy, forcing him to break out the short pants.

For the record, we're basing this story on a GoNintendo tip based on a local television broadcast that we've yet to uncover (UPDATE: that local Fox News piece is now online). I implore you to take it as rumor for now, but enjoy yet another potential Nintendo lawsuit from someone looking to get a healthy paycheck from the console manufacturer. Thanks, for the heads up tipsters!

Ex-Midway employee plans to sue Nintendo for Wiimote/Nunchuk idea [GoNintendo]

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Kotaku-344800 Mon, 14 Jan 2008 17:40:00 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=344800&view=rss&microfeed=true
<![CDATA[ Microsoft Hit With Class Action Suit Over Xbox Live Outage ]]> A trio of Texan gamers are looking to capitalize on the service disruption that Microsoft has been experiencing with Xbox Live over the past fortnight, writes the Seattle Times. A class action lawsuit has been filed against Microsoft alleging breach of contract over connection issues and server errors many were experiencing when trying to play online. The three plaintiffs claim that MS "failed to exercise reasonable care or competence in communicating information regarding the nature of services offered through Xbox Live" resulting in damages suffered. I'm no lawyer, but I bet there are some Twitter server logs that will argue otherwise!

The complaint, which is available for download via the Seattle Times, doesn't mention what damages are being sought by the group, but does point out expenses associated with Live subscription costs and attorney fees. Your tax dollars at work, ladies and gentlemen!

Xbox Live holiday outages prompts class action lawsuit [Seattle Times]

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Kotaku-340945 Fri, 04 Jan 2008 18:20:00 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=340945&view=rss&microfeed=true
<![CDATA[ Shanda Sued, Forced To Pay For 'Stolen' Virtual Items ]]> chinaflagmap.png Shanda - one of Mainland China's heaviest hitters in the MMORPG world - was asked by police to remove virtual items from a player's account during an investigation into the sale of stolen virtual items. Shanda did - then forgot to give them back like the police had told them to. When the player discovered his missing virtual items, he flipped his lid and sued them. Shanda lost and has been ordered to apologize and pay a restitution of 5,000 RMB (a little less than $700 USD) - but to add insult to injury, the player has even more lawsuits in mind:

The gamer surnamed Zhang discovered six virtual items, worth more than RMB1,500, missing from his game account on November 22, 2006 and contacted Shanda regarding the disappearance. Shanda said that the company had taken the items in accordance with a police investigation regarding the sale of stolen virtual items. According to the report, Shanda failed to follow police instruction and return the items after the investigation ended. Having spent much time away from the game, Zhang said he plans to take Shanda back to court. This time he plans to sue for the RMB150,000 he claims to have spent in the game during the past five years. Zhang sued Shanda in the Hunan Qiyang People's Court.

Over $20,000 USD seems excessive, to say the least. Will it fly in a Chinese courtroom? I guess we'll find out.

Shanda Pays For Stealing Gamer's Toys [Pacific Epoch via PlayNoEvil]

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Kotaku-337119 Sun, 23 Dec 2007 10:00:00 MST Maggie Greene http://kotaku.com/index.php?op=postcommentfeed&postId=337119&view=rss&microfeed=true
<![CDATA[ Band Sue Harmonix, RedOctane Over Guitar Hero Cover ]]> the_romantics.jpgRock band The Romantics have filed suit against Harmonix, RedOctane and Wavegroup Sound for the cover version of "What I Like About You", included in Guitar Hero Encore: Rocks the 80s, reports Billboard. The suit claims that the re-recording of the group's 1980 hit is "virtually indistinguishable from the authentic version" and that consumers may become confused into believing the original recording was used. This would, I assume, lead to many disoriented gamers who might simply go mad from attempting to process the information and cause injury.

The Romantics are, of course, seeking compensatory and punitive damages but specific dollar amounts aren't listed. Billboard writes that the band may have a case, citing "right of publicity" but counters that only those who are "very well known" may benefit from suing imitators.

If the court were to rule in the favor of the band, it could spell further trouble for parties involved in the Guitar Hero and Rock Band series in the form of lawsuits from other bands hungry for cash. The potential silver lining? Steering away from cover versions, including only master tracks. That silver lining comes with a bit of tin, however, as there are cases where those master tracks are simply no longer available, potentially limiting future track listings.

Regardless of the outcome, it's all utterly unromantic.

The Romantics Sue Activision Over 'Guitar Hero' [Billboard - thanks, Damon!]

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Kotaku-325653 Wed, 21 Nov 2007 16:20:00 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=325653&view=rss&microfeed=true
<![CDATA[ Georgia Man Sues Microsoft Over Xbox Live Charges ]]> xbox_live_suit.jpgAccording to a report from InformationWeek, Georgia resident Francisco Garcia has filed suit against Microsoft for what he claims was a "fraudulently induced... contractual relationship for Xbox Live services." The problem? Seems that Garcia's underage son used his debit card to sign up for an Xbox Live account. When the yearly auto-rebilling hit, it sent daddy Garcia's account into overdraft, netting him a $35 overdraft penalty. Serious business.

The report doesn't specify how much Garcia is seeking but mentions that Microsoft is attempting to have the case thrown out of court.

Microsoft Hit With Class Action Suit Over Xbox Live Fees [Information Week - thanks, coalhalo!]

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Kotaku-322353 Tue, 13 Nov 2007 17:40:05 MST Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=322353&view=rss&microfeed=true
<![CDATA[ MGame to CDC Games: This is All Your Fault! ]]> NobVampF.jpg The MMORPGs may all be clones of each other, but at least pan-Asian game related legal battles are entertaining: MGame, a South Korean company, responded this week to the two lawsuits filed last week by CDC Games (as we mentioned last weekend), which cited breached contracts and lack of technical support (among other things) as a basis for their suits. This legal battle is quickly devolving into a 'they said, they said' battle. MGame alleges that they dropped CDC Games for non-payment of license fees for the wildly popular MMO Yulgang; CDC hasn't responded to these allegations, and it looks like there might be even more heated battles soon:

In a lawsuit filed by CDC Games last week, the company claims MGame has not been providing adequate technical support for "Yulgang" and that it has not been supporting CDC in its efforts to combat piracy.

In response, MGame said it has "hired and dispatched key personnel to sincerely provide support to address those issues."

MGame Chief Executive Yi Hyoung Kwon said in a statement the company "will provide constant and stable services for 'Yulgang' in China with a new partner sometime soon,"

I love reading this stuff - it's like a soap opera, but way better and with a lot more money at stake. You can't make this stuff up. I can't wait to see what happens if MGame and CDC don't manage to iron this out, and MGame goes shopping for a new Chinese operator.

MGame Responds to CDC Lawsuits [Forbes]

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Kotaku-315838 Sat, 27 Oct 2007 10:30:59 MDT Maggie Greene http://kotaku.com/index.php?op=postcommentfeed&postId=315838&view=rss&microfeed=true
<![CDATA[ Blizzard Getting Sued in China ]]> zhongwenfonts.jpg Just because a lot of Chinese companies don't respect intellectual property rights doesn't mean they don't want you respecting theirs - Chinese IT firm Founder Electronics Co. is suing Blizzard for copyright infringement. Claiming that "it lost more than one billion yuan (132 million dollars) through the unauthorized use of five of its fonts" in World of Warcraft, Founder is bringing suit in Beijing Municipal Higher People's Court against Blizzard, Chinese company The9 (who runs the game in China), and Qingwentuwen, the company who distributes WoW in Beijing.

Teddy Liu, Greater China communications director of Blizzard, told Xinhua on Thursday that he had not received any official information on the suit, and had only read media reports.

He said he could not comment at the moment.

Damages could be calculated either by the defendant's interests that were illegally gained via copyright infringement or by the plaintiff's losses according to Chinese law, said the statement from Founder Electronics.

It claimed WoW had 7.5 million active player accounts and hence the infringement of copyright was "serious".

"The lost earnings of one billion yuan was a conservative estimate," the statement said.

I'd love to know how they arrive at these numbers, and I'm curious to see what the outcome of the suit is - these 'conservative' totals for damages seem rather inflated at best, but then, I'm not a lawyer.

Chinese firm making "interim" damages claim for 100 mln yuan from Blizzard [Xinhua]

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Kotaku-290940 Sat, 18 Aug 2007 15:00:50 MDT Maggie Greene http://kotaku.com/index.php?op=postcommentfeed&postId=290940&view=rss&microfeed=true
<![CDATA[ XBox Fall Update Bricking Lawsuit Settled ]]> It has just come to our attention that Microsoft and Kevin Ray have settled their lawsuit out of court, kissed and made nice. If you don't remember, Ray proposed some class action finger pointing after the Fall 2006 update bricked his 360. The thing is, Kevin was actually able to get a warranty repair on his Xbox 360 after Microsoft moved the then 90-day warranty to 1-year, in December. (Of course, that was a long time ago, and we all know that the Xbox warranty stands at 3-years right now.) The kicker: since they settled out of court on an individual basis, and since Microsoft's already addressed the warranty issue, none of us are getting any scratch out of the deal.[Seattle PI]

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Kotaku-285987 Fri, 03 Aug 2007 19:40:51 MDT Brian Lam http://kotaku.com/index.php?op=postcommentfeed&postId=285987&view=rss&microfeed=true
<![CDATA[ Epic Vs. Silicon Knights is a Common Lawsuit ]]> While we've told you about Silicon Knights' case against Epic for issues surrounding the Unreal 3 engine, Law of the Game, in all their properly-qualified-to-talk-about-law snootiness, has pointed out that Silicon Knights has a strong case that is actually quite common in the non-gaming world.

This is, at its core, one of the simplest contract disputes. Party A promised to deliver a good in form X, and Party B alleges that good arrived in form X-1 and Party A never fulfilled their contractual agreement.
So is Silicon Knights in the money?
Assuming Silicon Knights can show that Epic neglected the licensees in order to work on Gears, the Gears profits will become some measure of damages. While it seems unlikely Silicon will receive all of the profits they demanded, a substantial award for Silicon would not be out of the ordinary.
One thing's for sure: this suit is helping Too Human get back into the spotlight after a flop E3 showing and then a no showing the next year. I'd love to see Epic offer up that evidence to subsidize the bill.

Silicon Knights v. Epic: The Unreal 3 Engine Case [lawofthegame]

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Kotaku-284394 Tue, 31 Jul 2007 11:40:38 MDT Mark Wilson http://kotaku.com/index.php?op=postcommentfeed&postId=284394&view=rss&microfeed=true
<![CDATA[ SCEA Owes Big Bucks To Workers ]]> EIGHT POINT FIVE MILLION DOLLARSSony Computer Entertainment America has settled its class action lawsuit over due wages for unpaid overtime to the tune of $8.5 million, Gamasutra reports. That cash will go to current and former employees and a pair of SCEA internal positions will be reclassified as "nonexempt employees under the wage and hour laws of California and the federal Fair Labor Standards Act."

Sony isn't the first video game publisher to settle a big payout to workers, as Electronic Arts has settled two separate suits, totaling over $30 million.

That 8.5 million is equivalent to over 14,000 PLAYSTATION 3s, so get out there and buy, kids. Sony needs the cash now more than ever!

SCEA Settles $8.5m Overtime Class Action Suit [Gamasutra]

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Kotaku-272984 Wed, 27 Jun 2007 18:20:50 MDT Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=272984&view=rss&microfeed=true
<![CDATA[ Nintendo Patent Lawsuit ]]> 225px-MarilynMilian.jpgLast week, a Texas company called Lonestar Inventions filed a suit against Nintendo alleging that their new console infringes on a patent that they invented. The company has already gone to court over this patent with Texas Instruments as well as Marvell Semiconductor and Eastman Kodak. The patent, which was issed in 1993, details a space-saving method that triples effectiveness of parallel plate capacitors by using layers of conducting strips. Yeah, I don't know what that means either, but I'm hoping there will be some freak happening where the whole thing will be uncovered on The People's Court.

Nintendo facing new Wii patent suit [Gamespot]

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Kotaku-268760 Thu, 14 Jun 2007 13:40:00 MDT Kim Phu http://kotaku.com/index.php?op=postcommentfeed&postId=268760&view=rss&microfeed=true
<![CDATA[ Second Life Land Dispute Moves To Real-Life Court ]]> secondlifehand.jpg

From GamePolitics comes news that a virtual land dispute that started last year is moving into actual court rooms. Attorney Marc Bragg "exploited a URL quirk to grab several plots of virtual land for cheap," and Linden Labs then suspended his account, citing ToS violations.

Bragg responded by filing suit in a Pennsylvania court, which Linden tried to have dismissed (it didn't work). No word on when it will actually be going to be heard in federal court, but GP says:

Some industry watches don't believe it will make it as far as examining whether "virtual" property is the equivalent of "real" property, but will focus mainly on whether Linden Labs had the right to deny Bragg access to his account after his violation of their ToS.

I can't imagine having the free time to pursue virtual property disputes in federal court. Must be nice.

Virtual Land Dispute Moves to Real-life Courtroom [GamePolitics]

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Kotaku-267480 Sat, 09 Jun 2007 13:30:08 MDT Maggie Greene http://kotaku.com/index.php?op=postcommentfeed&postId=267480&view=rss&microfeed=true
<![CDATA[ LOTR Actors Want Their Money ]]> kinderttt.jpg
Fifteen actors from the Lord of the Rings trilogy are selling New Line Cinema for breach of contract, claiming they still haven't received a percentage of the estimated $100 million in profits from the sales of movie merchandise, including the video games:

The New Zealand actors were supposed to split 5% of the revenue after expenses from sales of caps, video games, mugs and other merchandise, according to the lawsuit filed May 30 in Los Angeles County Superior Court. But, the suit contends, New Line breached the contract by taking distribution and "gross participation" fees to which it wasn't entitled

The fees weren't in the contract and they ate up all the profits owed to the actors, said their attorney, Henry Gradstein of Los Angeles.

Hollywood's full of dreams, but I'm sure a lot of actors didn't expect to spend time in court trying to reap the benefits of seeing their face on a mug or stripped onto an avatar. That's show business for you.

15 actors sue New Line Cinema over 'Lord of the Rings' profits [USA Today]

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Kotaku-266805 Thu, 07 Jun 2007 12:40:00 MDT Kim Phu http://kotaku.com/index.php?op=postcommentfeed&postId=266805&view=rss&microfeed=true
<![CDATA[ Sony Sued Over Blu-Ray Tech ]]> blueraysueray.jpgCalifornia tech company Target Technology has a serious beef with Sony over Blu-Ray, and they're not taking the law into their own hands. They're taking them to court...The Indiana Southern District Court.

*cue theme music*

Meet the plaintiff, Target Tech. They claim that Sony's Blu-Ray technology infringes on a patent they've held since last March for a silver-based alloy thin film for optical disks. They've filed a lawsuit against SCEA, Sony Pictures, and Sony DADC US, seeking damages and an injunction against Sony infringing on their patent ever again.

Meet the defendant...well the defendant hasn't commented yet, though I'm sure they get around to it in all due time.

Target Technology is currently named as a co-defendant in a trademark infringement case brought about by Williams Advanced Materials, a company that manufactures, among other things, thin film materials used in DVDs, so for all I know the whole thin film covering business could be full of scoundrels and thieves. Only the other hand, Sony doesn't have that great a track record regarding borrowed tech themselves (rumble), so how this ends up is anybody's guess.

Tech firm sues Sony over Blu-ray [GamesIndustry.Biz]

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Kotaku-263558 Fri, 25 May 2007 08:30:18 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=263558&view=rss&microfeed=true
<![CDATA[ Ghost Rider Creator Sues Everybody ]]> ghostridersue.jpgGhost Rider creator Gary Friedrich is so angry his head might actually catch on fire. Stating the rights to Ghost Rider reverted to him from Marvel back in 2001, he has named Marvel, Sony Pictures, Columbia Tristar, Relativity Media, Crystal Sky Pictures, Hasbro, Michael De Luca Productions and Take-Two Interactive in a joint lawsuit, suggesting they considered to exploit, profit from and utilize his copyrights.

His claims of negligence and waste are going to get any arguments from me regarding both the movie and the video game that accompanied it. A complete waste of an excellent character.

Apparently there have been arguments between Gary, Roy Thomas, and artist Mike Ploog as to the creation of the character. Back in 2001, Friedrich was quoted as saying, "I threatened on more than one occasion that if Marvel gets in a position where they are gonna make a movie or make a lot of money off of it, I'm gonna sue them, and I probably will. ... It was my idea. It was always my idea from the first time we talked about it,." (from Wikipedia)

Odds are that if there is room for argument as to his ownership of the character, the lawsuit will end up going completely nowhere, which is kind of sad. Having your creation get turned into such trash is tantamount to discovering your daughter in a pornographic video.


Ghost Rider Creator Sues Sony, Marvel, Take-Two & Others
[GameDaily.BIZ]

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Kotaku-251122 Tue, 10 Apr 2007 14:20:14 MDT Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=251122&view=rss&microfeed=true
<![CDATA[ Sony, Sierra, Vivendi Sued For Spyro Induced Seizure ]]> Gamespot is reporting that the mother of a child who suffered "permanent disabling injuries" from a grand mal seizure while playing Spyro: Enter The Dragonfly has filed suit in the New York State Supreme Court. In it, she names Vivendi Games, Sierra Entertainment, and Sony Computer Entertainment America and seeks unspecified damages.

As Gamespot points out, the PlayStation 2 game comes with an included epilepsy warning, a common practice on videogame software.

We'll update when we get more details.

Vivendi, Sony sued over epileptic seizure [Gamespot]

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Kotaku-247969 Thu, 29 Mar 2007 16:22:28 MDT Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=247969&view=rss&microfeed=true
<![CDATA[ Nintendo Objects To Mii Lawsuit Dismissal ]]> SEXIIWeeWorld sues Nintendo. Then wants the suit dropped. Nintendo's response? "No thanks."

WeeWorld, the avatar creation licensor that filed a suit against Nintendo last year for (they say) infringing on their WeeMee trademark has asked a judge to dismiss the case "without prejudice." While you'd think Nintendo would be pleased to have this whole legal snag behind them, you'd be wrong. Nintendo's lawyers want the court to drop the case with prejudice and prevent WeeWorld from pursuing future legal action against the company. Look. It's technical.

Nintendo also wants some four-hundred grand in legal fees repaid to them. Maybe WeeWorld bit off more than they could chew?

Hit up Gamespot for additional details on the suit.

WeeWorld tries to drop Wii suit [Gamespot]

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Kotaku-245764 Tue, 20 Mar 2007 21:40:44 MDT Michael McWhertor http://kotaku.com/index.php?op=postcommentfeed&postId=245764&view=rss&microfeed=true
<![CDATA[ Criminal Investigation Into Radio Wii Death ]]>

A criminal investigation has been launched by the Sacramento County Sheriff's Department into the tragic water intoxication death of Jennifer Strange (left, with her family), who died hours after participating in KDND-FM's "Hold Your Wee for a Wii" contest. This follows the firing of 10 of the radio station's employees, including the three morning DJs, and the cancellation of the morning show.

An article on law enforcement website Officer.com reveals more details on the utter disregard the radio personalities held for the health of their contestants.

Authorities decided to pursue the investigation after listening to a tape of the show, obtained by The Sacramento Bee, during which DJs joked about the possible dangers of consuming too much water, sheriff's spokesman Sgt. Tim Curran said. At one point, the DJs even alluded to a college student who died during a similar stunt in 2005.

The station was also warned by several callers that the contest could be fatal, to which they replied, "Yeah, they signed releases, so we're not responsible. We're OK." OK my ass. I don't care what kind of waiver this poor woman signed...this contest killed her.

As far as I am concerned everyone responsible for the contest, from the promotions department to the on-air talent, had a hand in her death. Sure, the woman should have known better that to follow along with it, but she was trying to do something nice for her now motherless children. That's a fact those children will struggle with for the rest of their lives.

The attorneys of the Strange family plan to file a wrongful death lawsuit against the radio station, and I cannot see how they can possibly lose.

"Oh, my gosh, look at that belly. That's full of water. ... Come on over, Jennifer, you OK?" a male DJ asked. "You going to pass out right now? Too much water?"
It's bad enough to lose a mother, a daughter, a sibling, etc., but to have her death punctuated by some jerk making comments like this in his cheesy radio voice is simply hideous.


California Sheriff Looks into Water-Drinking Death [Officer.com - Thanks Kael]

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Kotaku-229694 Thu, 18 Jan 2007 13:40:27 MST Mike Fahey http://kotaku.com/index.php?op=postcommentfeed&postId=229694&view=rss&microfeed=true