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.

Worlds.com Sues NCSoft For Infringing Patent Related to Virtual Space Interaction

Worlds.com, suffering in the business world, has filed suit in the Eastern District of Texas claiming that NCSoft, with its myriad virtual platforms, is infringing patent 7,181,690, System and Method for Enabling Users to Interact in a Virtual Space. The patent relates generally, and I mean generally, to creating a 3D space with Avatars and displaying the relevant information for each player. Importantly, the filing date on this patent is in 2000.

Can Anyone Say Invalidation?

I hate to break it to Worlds, but the patent is written so broadly, that while they may have pulled a fast one on the examiners in the PTO, I highly doubt this patent will survive this litigation. The 2000 filing date leaves plenty of room for prior art in the MMO space to be considered. Ultima Online and Everquest were both up and running at this time. Jeez, even old MUDs kept track of player positions and delivered information based on that position. The claims are also so broad that they do not even narrow to more technologically useful specific cases, such as being used in a 3d world. This case has all of the markings of trollery (though Worlds is not a troll in the conventional sense). It will be interesting to see if NCSoft fights it on principle, or just settles out of convenience.

MTV, Harmonix, EA, Viacom Sued Over "Defective" Rock Band Pedal

Harmonix, Viacom, EA, and MTV have been named in a class action suit brought by Monte Morgan alleging that the following companies put out a defective product in an attempt to “deliberately cheat large numbers of consumers out of individually small sums of money.” The suit comes on the heels of the expiration of EA's no-questions-asked warranty extension (which ended Oct. 1 2008). Now all replacements are free only for the first 60 days after purchase. Lawyers for Morgan are arguing that not only did Harmonix et al know that the equipment was defective, but they are now attempting to exploit that fact by offering new drum pedals with Rock Band 2. They also argue that the new 60 day extension is not nearly enough time. Naturally, MTV and Harmonix deny these allegations, calling them "baseless" and "opportunistic."

Baseless...hmm

I have quite a bit of personal experience with this: I'm on my third pedal, second guitar, second USB hub, and second set of drum heads. Having spent probably a thousand dollars or so on Rock Band in the past year, let me say that when my equipment breaks, EA should be there to fix it - especially the drum pedals. It is nearly impossible to not break a pedal once you start playing on expert and kicks are coming 200+/song. I have gone so far as to do some preventive medicine on my pedal so it won't break and I won't have to deal with EA again. I bought the wireless RB2 drums and they were broken out of the box. EA lost my order so it has been more than two months now since I bought the drums and I haven't played them one bit (supposedly they are on the way).

So far, my experience with EA has been very positive: I say it is broken, they send me a new one, no questions or fees. Now, if my equipment breaks and I have to pay - that will become a problem. Seeing as how I am still giving Rock Band at least $20/month for new songs, I expect that the equipment will last longer than 2 months, at which point it will no longer be under warranty. Frankly, the ease of replacement has kept me playing, so hearing that they will no longer be acting like that is unsettling. I am constantly reminding players at my house, "Be careful...this IS a toy."

This warranty issue could seriously affect the longevity of Rock Band - I do not know why they changed their approach, but I can imagine that the fan boys out there (including myself) will get really angry when their equipment breaks and the only option for replacement is an $80 outlay for "new" "instruments."

As for the suit itself, I do not believe that Harmonix was deliberately selling faulty equipment - they were taking many steps forward with Rock Band and the drum pedal's inadequacy become apparent early on. When the warranty was in place it was excusable; without it though, it is much less so.

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?

Activision Suing Call of Duty Pirate

James Strickland is being sued by Activision for allegedly pirating Call of Duty 3 (that is so a few years ago!) and distributing it, along with some other unnamed games. Activision has since discovered what the unnamed games were and is seeking to amend the complaint to include those as well. The big A is suing for $150,000 per infringing copy. Ouch!

All My Booty 3: Gone

Without the details of the case, it is hard to judge whether this pirate is one of the masses of pirates out there or whether his operation was massive and worthy of being targeted like this. My guess is that Activision has better things to do than become the Metallica of video games (aren't they partners now?), but you never know with the juggernauts - sometimes they just roll.

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?

Tecmo Japan Settles Overtime Suit, Readies for Merger

In an effort to tidy up its legal affairs, Tecmo has settled with two employees who claimed approximately $77,000 is unpaid overtime wages due to Tecmo's illegal "flexible hours" work schedule. In addition, the employees alleged that the company then covered it up with false accounting paperwork. The parties reached a judicial settlement.

"Flexible Hours" Tec' Mo' From Workers

Good to see a game company pay the fair amount for the hard work of their employees - too bad it took the legal system to make it happen.

SL User Files Suit Against LL, Other Avatar for TM Infringement of SLART

Richard Minsky, Second Life artist and owner of the trademark "SLART," has sued Linden Labs, Philip Rosedale (head of LL), Mitch Kapor (head of the board for LL), and an avator named Victor Vezina, claiming trademark infringement, TM dilution, and fraud. Apparently, Victor Vezina is using the SLART trademark without Minsky's approval and after LL would do nothing to protect his mark, he filed suit. For now, Minsky's claims are just claims...but the implications about TM enforcement in SL are huge. If he can win here, what will stop all of the other companies with valid TMs from suing LL for not removing infringing material?

SLART, a Sleeping Fart

Another interesting part was LL's reaction of trying to get Minsky to drop the rights to the mark by offering perks, such as a feature in the SL magazine. LL holds the mark to SL Art, which is different enough from SLART to warrant a unique TM. They were hoping to fold Minsky's mark into their own, but he refused.

Why not make the case that the mark is generic? Many people refer to art in SL as SLART, so it seems unfair for one user to hold dominion over the word (USPTO just cannot keep up!). I know that for many, SL is their livelihood and protecting their IP there is of the utmost importance, but this seems a bit ridiculous. And, I would love to hear the justification for the $1000/day "injury"...

Connecticut Court Dismisses WWE Suit Against THQ, Jakks

A Connecticut State Court dismissed all of WWE's claims against THQ and Jakks, the developer and licensee respectively, of WWE video games. WWE alleged bribery, anticompetitive behavior, conflicts of interest, and other dastardly deeds. The court dismissed the claims after reviewing the record: there is no antitrust injury and therefore no cause of action, and all of the federal claims were dealt with in the Federal Court's dismissal of the issue. WWE was hoping to nullify its licensing agreement as a result of the lawsuit, but it will not happen this time. WWE is appealing.

WWE gets the Smackdown

Sounds like WWE wants more money.

ESA Applauds the Capture of Pirates

The ESA would like to give a shout out to the justice system for actually catching some software pirates. Both of these criminals were found guilty of criminal copyright infringement for their extensive pirating practices. Kifah Maswadi, a distributor of consoles with 70 Nintendo games pre-loaded, got "fifteen months in prison, three years of supervised release, and fifty hours of community service, and must pay $415,900 in restitution." Bam! Kevin Fuchs, a key figure in certain warez sites, got eight months in prison, and eight months of home confinement. Still Bam!, (but not as much).

Yar! Me Ships Going Down

It is good to see that the targets of these federal investigations are not average joe six-chips, but legitimately harmful targets: like targeting the drug lords and not the poor man on the street just trying to get by...

Hillcrest Labs Sues Nintendo Over Waggle Technology

Oh, Nintendo...sued again....This is time, it is Hillcrest Labs, claiming that the Wii's motion sensing and graphical interface technology infringes on their patents. HL licenses it technology to other peripheral manufacturers, like Logitech, but did not fully disclose its licensing arrangements. As of the time of the story, Nintendo had not been served.

Hey Nintendo! Waggle This!

Once again, patent law is reprimanding the "innovator" for video games. Hillcrest may have valid patents, but it is so suspect how these companies wait years to file suit, after the big N has already made a ton of money. Coincidence? I think not...will the patent thicket ever be trimmed?

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...

Ubisoft Sued for Breaching License Agreement to the Tune of $26 Million

ResponDesign, makers of Yourself!Fitness (thats the name...really?), is suing Ubisoft claiming a breach of their licensing agreement for failure to diligently pursue development of a game utilizing the license. ResponDesign believed that Ubisoft would create a game under their My Coach label that used the technology and software underlying RD's previous Yourself!Fitness (is this just a bad translation?). Instead Ubisoft created a competing product under the My Coach label, told them the licensed game would be called Yourself!Fitness, (which must have really stung!) and didn't even say sorry. Now RD has filed suit in Los Angeles seeking $26 million in damages, mostly from unrealized royalties.

My Suing Coach!

Hate to burst RD's bubble, but if they think they are getting anywhere near this amount they are crazy. Absolute figures aside, this case will be interesting to follow to see if courts will find/infer a right to have a game made when the main inducement for disclosing and sharing IP are proffered royalties. Without seeing the agreement, it is hard to know, but it is likely bad faith for Ubisoft to make a competing product.

East Texas Controller Patent Case Finds for Plaintiff (big surprise), Nintendo Owes $21 Million

Keeping with the sordid history of patent cases in the Eastern District of Texas, Nintendo has lost its patent infringement legal battle with Anascape to the tune of 21 million bucks over patents relating to controller technology. Microsoft was also named, but settled for an undisclosed amount. It is unknown why Sony was not named as well.

Boohoo, Nintendo!

It is amazing to me how the EDT court system just pumps out these infringement cases. How is it possible that plaintiffs can win 70% of the time? I guess everyone is guilty in Texas...

Prison Inmate Sues Game Publishers

Jonathan Lee Riches, inmate "rich" in intelligence, is seeking restraining orders from game publishers, including Activision, Atari, and Take-Two. Video games offend his sensibilities, AND they contributed to his identity theft, AND promote racial hatred, AND EVEN increase his fear that someone will beat him up and snatch his chain. He also is claiming that he is not granted access to video games in jail, which is a form of discrimination (when this is the most legit part of your claim, you know you are in trouble). This is the same man who "has already filed more than 1,500 lawsuits this year against a wide-ranging array of defendants including Washington Capitals left winger Alexander Ovechkin, Alone in the Dark star Christian Slater, St. Patrick's Day, the 9-11 Commission Report, and Star Wars. He is perhaps best known for suing former Atlanta Falcons quarterback Michael Vick for $63 billion after Vick's illegal dog fighting operation was uncovered."

How Did Someone This Smart Get Locked Up?

Freedom is the name of the game today: some people have it, and some do not.