Sony Sues Datel, Maker of a PSP-3000 Hacking Extra Battery

Sony Europe has filed suit against UK-based Datel, maker of the Max Power Digital Battery accessory for PSP, alleging copyright infringement for Max Power's ability to circumvent Sony's encryption protection for the PSP. Interestingly, the Battery was originally sold as the Lite Blue Tool, an explicit hacking device already frozen by Sony previously. Sony believed that with the launch of the PSP-3000 piracy was "trending downward."

Changing the Name Didn't Fool Them? Damn...

The PSP has enjoyed quite a bit of hardware success but not as much software success, in part due to large amounts of piracy. It isn't surprising that Sony is going after them, especially in these lean times.

Midway Cleared in Psi-Ops Case

I reported earlier on William Crawford's suit against Midway alleging that they stole ideas from his script, Psi-Ops, when they created the game, Psi-Ops. The judge thought differently. Despite the similarities in title, characters, and events, the judge found those elements of Crawford's script unprotectable and granted summary judgment for Midway. Crawford's arguments about Midway's access to his script via publicity events and web postings likewise failed.

Psi-Pop

Great news for Midway, except that they will be bankrupt in 50 days...

A Day of Settling - Capcom Wins Dead Rising Lawsuit and THQ Drops Suit Against Activision Over Box Art

Two Suits Concluded Today:

Capcom vs. MKR Productions (Dawn of the Dead guys) - The judge found that a story of zombies invading a town and someone trying to stop them is not protectable. Despite MKR's arguments that there were unmistakable similarities such as a fight scene in a mall, a helicopter ride, and zombies in plaid, the judge sided with Capcom. Another MKR's argument was that the products both contained social commentary about sensationalist media. The judge disagreed, leveling Dead Rising to a pure action experience with no social commentary - good for the suit, bad for the ego. The conclusion of the suit opened the door for Dead Rising 2: Already in Development.

Dawn of the Dead: The Lawsuit

THQ vs. Activision - The Baja Box Art Case - Activision agreed to change the box art in a settlement which will dismiss the case with prejudice. Why didn't Activision just do that the first time THW asked them to...it worked out well for me, the lawyer (well, not me, exactly, you know what I mean).

Baja Suit Goes Baja

Brush that dirt off your shoulders video game legal world.

EA Faces New SecuROM Class Action Suits

Continuing the EA SecuROM debacle, not one, but two new class action lawsuits have been filed. The first involves EA's inclusion of its ultra-invasive, questionably effective, SecuROM technology with the free Spore Creature Creator software. Despite there being no risk of piracy, EA included it anyway. The second class action suit involves an avid Sims player who after installing Sims Bon Voyage could no longer access certain files on her computer. Both cases were filed in the Northern District of California and both plaintiffs are represented by the same law firm. An earlier suit was filed in September regarding the SecuROM in Spore.

Sec-Two-Wrong

If EA wasn't listening before, they should be now...

Activision Sued by THQ for Baja Box Art

THQ has filed suit against Activision alleging copyright and trade dress infringement. SCORE International Baja 1000 actually does look "virtually identical" to THQ's packaging for Baja Edge of Control. THQ urged the big A to uses different art, but after a million dollars worth of advertising, the A said no. THQ requested the game be enjoined and believes it will be entitled to the profits from the game.

Baja the belt, Activision!

Comparing the two packages, it is pretty clear that Activision at least referenced THQ's artwork. The similarities are ridiculous. The real question is why would Activision do this? Somehow, I doubt that they are actually trying to usurp THQ's customers in such an obvious, but not obviously effective, way.

UNLV Fight Song Composer Suing EA

EA, master of the official, released-every-year, sports video games, is being sued by the composer of the UNLV fight song, "Win With The Rebels," Gerard Willis. Willis claims that his song was not properly licensed and has been used in 10 EA titles including NCAA Basketball 2009, NCAA Football 2006 through 2009, NCAA March Madness 2006 through 2008, and NCAA Basketball 2006 and 2007. He is seeking $150,000 per count of copyright infringement, ie per game used, for a total of $1.5 million.

EA, You Rebels!

If he wins, not a bad payday for Mr. Willis. Somehow, I do not think UNLV pays him this much to use the song...

EA Sued Over Spore DRM

Melissa Thomas did what many on the message boards have threatened but none had actually done: she is suing EA for its use of SecuROM, a anti-piracy device that apparently cannot be uninstalled, alleging deceit and concealment for bundling SecuROM with Spore. She thinks that the DRM software is too invasive and is seeking $5 million in damages. EA responded that, well, Spore has sold a million copies! I cannot tell if that hurts them or not...

SuckyROM

There has been so much hoopla about this DRM, it is hard to gauge whether its is a huge deal or if it is an overreaction. My impression is that 1.) never mess with a gamer's rig and 2.) the reaction should work as more of a deterrent for future behavior, as opposed to, there being actual damage caused by the DRM technology. What do you think?

Sony, Jaffe Sued Over Alleged God of War Idea Theft

Jonathan Bissoon-Dath and Barrette-Herzog, plaintiffs, sued for copyright infringment after claiming they sent creative materials to Sony before the production of God of War, including a script and illustrative map, and that Sony subsequently ripped them off in making their huge blockbuster of a game. Sony responded claiming that the allegations were inaccurate, incomplete, and misguided. Plaintiffs wanted to name the game The Adventures of Owen: Owen's Olympic Adventure.

At Least We Know Sony Didn't Take The Name!

I find this case hard to believe based on the name of P's game alone. Who would think up the awesomeness that is GoW, only to name it like it should feature, Izzy the Olympic douche?

Game File-Sharer Ordered to Pay

The UK Patent Courts have ordered a British woman to pay about 16,000 pounds (approx. $30k) for illegally sharing games over the internet. The woman is paying Topware, makers of Dream Pinball 3D, for her copyright infringement of their protected work. Some believe this could be a landmark case in the VG industry's fight to control piracy.

Not Just Music Anymore!

It will be interesting to see if the industry will begin targeting file sharers a la the music industry. Personally, I do not think it is a great idea. Maybe for a littler guy like Topware, this approach would make sense, but the damage amount is so low, it would probably be a disservice to large game makers to go after individuals like this, only to have their customer base harangue them for it. Then again, you never know...

MDK Sues Capcom Over Dead Rising

MDK, perhaps spurred by Capcom's seeking of a declaratory judgment of non-infringement, has sued Capcom claiming that C's popular Dead Rising infringes on the copyrights and trademarks associated with Dawn Of The Dead. Capcom claimed that the scenario of Zombies attacking a mall is an "unprotectable theme". MDK cared to differ offering, "both works are dark comedies [where] the recreational activities of the zombies and absurdly grotesque 'kill scenes' provide unexpected comic relief...both works provided thoughtful social commentary on the 'mall culture' zeitgeist, in addition to serving up a sizable portion of sensationalistic violence."

MDK Sues Capcom: Sensationalistic!

I haven't played Dead Rising, but from a only-judging-a-book-by-its-cover perspecitive, Dead Rising does look a lot like Dawn of the Dead. For copyright infringement, there must be actual copying (showing this could be problematic because surely the theme of zombies being killed in suburbia has been done before). TM infringement on the other hand relies on a likelihood of confusion standard, regardless of whether the idea is copied or not. It seems like there is a great likelihood of confusion, but it will be interesting to see how the courts classify the DotD mark - probably descriptive, and therefore not warranting as much protection as a suggestive, or fanciful term (they may even claim it is generic, but I think that generic term would be something like, Zombie Movie). It seems like Capcom has admitted that there is a likelihood of confusion by including a disclaimer on the box, but then again, the disclaimer may be enough to limit or eliminate any liability.

3D Realms Sued for Copyright Infringement

Darin Scott and Edward Polgardy filed suit against 3D Realms over the pruported stealing of their idea by 3D Realms for the upcoming Earth No More. Scott and Polgardy claims they pitched an idea to 3D for a game called Earth No More in which a spore has begun transforming and terraforming Earth into a hideous world full of mutated monsters. 3D Realms has a game coming out called Earth No More, in which a spore has begun transforming and terraforming Earth into a hideous world full of mutated monsters. So, I don't get it...what are they suing for? It's not like they copied the idea or anything.

Copy No More

I am very interested in this case. There is no mention yet about whether a NDA was signed or not, and if so, what the implications of that would be. I have thought about pitching an idea for a game to a company before, but I always hesitated because it just seemed so easy to steal the idea. Now I know, it may not be so easy; and in the case, the copying looks blatant.

Capcom Files Preemptive Suit Against MDK

MDK, makers of George Romero's Dawn of the Dead, have been sued preemptively by Capcom to “eliminate any doubt that [Capcom']s ‘Dead Rising’ video game does not infringe on any copyright, trademark or other intellectual property rights” owned by MKR. Apparently, MKR had already sent Capcom, Microsoft, and Best Buy attorneys a draft of a complaint, spurring Capcom into action to receive a Declaratory judgment. MKR also contacted Capcom before the game was released and claimed that it was infringing on their copyrights. Capcom claims that MKR doesn't have the exclusive right to make media associated with a human battling zombies in a mall and believes that the disclaimer on the front of Dead Rising proclaiming that is not affiliated with Dawn of the Dead is sufficient for a court to grant them a declaratory judgment of non-infringement.

Dawn of the Declaratory Judgment

For copyright infringement, it is sufficient if the expression is not lifted, but it seems like the trademark, and more specifically the trade dress, issues of Dead Rising scream "strong likelihood of confusion." I know the first time I saw the box, my first thought was Dawn of the Dead, until I read that disclaimer. Will the disclaimer be enough?

Vagina Monologues in Second Life Suspended by HBO

The organizers of the Second Life Vagina Monologues have had their right to produce the VMs in SL rescinded because HBO, the owner of the broadcast rights (meaning TV, film, etc.), believes that they are infringing. Vday.org, the holders of the performance rights (theater, plays, etc.), originally granted license to the troupe, but HBO pulled its card and stopped the performances. The organizers in SL insist that the VMs are not banned, just suspended.

SL VMs Stop

The reporter for the SL Herald, Jassica Holyoke, wonders aloud if SL will become the next Grokster or Napster. That thought seems right on to me, especially if there is not much enforcement of IP rights in SL - those rights get taken away if not enforced. SL could become a virtual theater, capable of reproducing any of the greatest works (or movies for that matter). It does seem clear though that this is a broadcast and most likely falls under the purview of HBO's broadcast rights. Interesting to see how stories like these develop.

Second Life Patent Trademark Office Opens

It is official: Second Life has its own Patent and Trademark Office. After paying a visit to this virtual PTO, it seems that it is more of a copyright registry than a patent office. The website promises real protection for virtual assets, but how it can provide real protection without using a real legal system is curious. It also hopes to provide tools to protect IP without having to resort to using those pesky lawyers!

PT...what?

The folks over at Davis make some good points about the viability of this office. It is also worth noting that these guys don't really seem to know what a patent is, or they would have called their site SLCTO, Second Life Copyright and Trademark Office. Most of the IP in SL is protected under copyright, and even if people were creating patentable inventions (which they probably are), there does not seem to be any examination process (which is necessary). Plus, in the real world, securing copyright protection is cheap and easy for those interested in pursuing it; perhaps, this site will streamline the process for the average SL user, making it even easier.

All of the I-can't-believe-this-will-work-because-I'm-a-lawyer rhetoric aside, it seems like a good idea to create a centralized repository for the innovations of Second Life, not only for viewing and record-keeping, but also to provide a dependable catalog should a "first world" dispute arise.

Hasbro Sues Scrabulous Creators

Jayant and Rajat Agarwalla, Indian creators of Scrabulous, a Facebook Scrabble knock-off with 2.3 million users, are about to get sued by Hasbro for copyright infringement. Even though the game is free (or precisely because the game is free), Hasbro must enforce its IP rights if it would like to keep them. The brothers admit that they began their work "without thinking through the legal aspect at the time," although they did send a letter to Hasbro that was never answered. EA has the rights to the electronic version of Scrabble, so I'm sure they are not too pleased either. Now, the lawyers are working on settling a deal.

You Can't Be, Scrabulous!

GH Injunction Denied

An injunction sought by The Romantics against Activision to stop the sale of Guitar Hero Encore: Rock the 80s, was denied by a US District Court judge. The Romantics claimed that the cover version of "What I Like About You" was too similar to the original recording. The injunction was denied because The Romantics were unable to show a substantial likelihood of success on the merits. Activision plans to use the denial to support the dismissal of the case.

What I'd Like To Sue

It is amazing to me that The Romantics would have their music introduced to a whole new range of listeners by these games and then they would try to sue the game company for it. Guitar Hero will sell pretty much no matter the songs, as long as they are semi-popular: it seems to me The Romantics should be happy their song was chosen.

Second Second Life Lawsuit Over Erotic Goods

A group of six players of Second Life have banded together and named Thomas Simon, aka Rase Kenzo, defendant in suit alleging virtual item theft and reproduction. Kevin Alderman, notorized for his Eros sex bed lawsuit, is one of the plaintiffs in this case as well.

Sex Toys Aren't All Fun and Games

After hearing Alderman speak at the Virtual Worlds Conference, I understand why he takes this so importantly; for him, it is his livelihood. I just wonder if his actions are not akin to those of the music industry when they try to deal with digital piracy by suing individual infringers? Probably not, since the deterrent factor will be strengthened by the small number of infringers.

Virtual Worlds Day One

So day one is finished: it was not exactly as I expected. There was little representation from game worlds; most of the attendees were involved in social networking sites, content creation, and other virtual environment-type pursuits. Here are some highlights:

Keynote Speaker Anthony Zuiker, creator of CSI: Gave an entertaining speech laying down the most recent approach to marketing CSI by connecting TV, online, mobile, and gaming platforms to give a total media package. Build the content and they will come.

Edward Castronova's Perfidious Economy: The speech was meant to get the attendees thinking about policy issues in virtual worlds. He played an old economics game with three volunteers (me being one of them) involving the pooling of common resources to illustrate that whether dictatorship or democracy rules, often, the result of external organization is more resources for all. He argues that the fun of MMOs comes from this sharing of common resources. I thought his argument that placing an external structure on a virtual economy could increase resources (here being not only wealth, but also fun) was an interesting contrast to the usual murmuring complaints of those that think that the players should be able to do whatever they want.

Sean Kane's IP Wealth and Pitfalls of Synthetic Worlds: It was essentially a refresher from my copyright course, covering the many layers of copyrightability within virtual worlds with two big take-aways: 1. Copyrights are cheap at $45, so just get one; and 2. Copyright vigilance is a lot cheaper than litigation - so hire a lawyer!

Blake Lewin's Announcement of a Partnership between Turner Networks and Kaneva: Lewin described Turner's business model as aggregating content to suit a particular niche audience, and then using this audience to sell advertising for other products that niche may enjoy. Turner has used Kaneva to create a virtual environment for propagating Turner's licensed content. Inside this virtual world, there were screens everywhere constantly showing Turner content. These environments range from a hypothetical TBS building (very funny), to a TNT land (knows drama), to a recreation of the Family Guy house for watching Family Guy with friends. It will be interesting to see if people will sign in to watch TV with friends --> will the experience be the same as actually watching it with friends?

Overall, the day was a success and I am looking forward to tomorrow.

Manchester Cathedral Not Too Happy about Being a Level in Resistance: Fall of Man

The Church of England has threatened to sue Sony, the makers of Resistance: Fall of Man, over their use of the interior of Manchester Cathedral as a game level (apparently, the outside has been blown to bits). Set in a post-apocalyptic world, Resistance is a first-person shooter with tons of guns and video game violence that moral, upstanding folks usually object to. Church of England claims this is a violation of their copyrights (in the building, though these must have expired by now...it is pretty old) and trademarks (would any one really believe that the Church endorsed this game?), but seems to be mostly based on an equity argument (this is just morally wrong...give us an injunction). The Very Reverend Rogers Govender claimed that the game was undermining the work of the church by promoting violence and using holy places as battlegrounds.

I killed 14 of my friends in Manchester Cathedral online; it was my best game ever!

Normally the whining of the older generation about violent video games doesn't phase me much, but this particular instance does seem a bit different. Is nothing sacred any more? Once again, I suppose that is for the courts to decide. Although I do agree with Aleks Krotoski: if the church wins, do video games always have to get permission from building owners to use their buildings in games? How close the building have to actually be? What if Dan Brown had to get the permission of the church to set a Da Vinci Code scene at the Vatican - after all, he was sending a message that undermined the church.

Fall of Man, Fall of Man...clearly sinful

ESA Joins New Copyright Alliance

ESA has joined forces with other heavy-hitting copyright owners, including the MPAA, RIAA, Disney, Microsoft, Major League Baseball, and 23 others, to form an alliance to protect copyrights. While there mission is "promoting the value of copyright as an agent for creativity, jobs and growth,” my guess is that they will just lobby and enforce copyrights collectively.

So if they are the Alliance, are infringers the Copyright Horde?