law
December 9th, 2009 at 04:30pm
Under Wii / Nintendo
Last month, the extremely certain pop-rock outfit No Doubt sued Activision for allowing their likenesses to be used in Band Hero, where players could perform the game’s entire catalog of songs as the Stefani-fronted group. According to the complaint, this feature turned the band’s appearance in the game into a “virtual karaoke circus act.” Earlier this week, The Hollywood Reporter dug up a countersuit filed against the band by Activision, who claimed No Doubt was in breach of a contract between the two parties, and had reaped unjust enrichment as a result.
Activision’s main response to No Doubt’s claim is that that the band requested their likenesses be limited to perform the band’s own songs in-game — however, it made this request “only after the Band Hero programming was finalized.” Activision seeks an unspecified amount of damages and interest from the band, as well as court and attorney fees, and a return of all payments dispersed to the band for their initial involvement. Jeez, Activision. Might as well go ahead and ask for the kitchen sink while you’re at it.
[Via GamePolitics]
Activision countersues No Doubt, which is likely not feeling ‘Hella Good’ originally appeared on Joystiq on Wed, 09 Dec 2009 15:30:00 EST. Please see our terms for use of feeds.
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Tags: activision, band-hero, court, law, lawsuit, music, no-doubt, rhythm, Wii / Nintendo
By Mister-X
Continue Reading Activision countersues No Doubt, which is likely not feeling ‘Hella Good’
November 19th, 2009 at 03:01pm
Under Xbox 360
Boutique law firm AbingtonIP is “investigating” what it considers the “convenient” recent Xbox Live bannings. The firm posits that the “tens of thousands” of banned Xbox Live subscribers who used modded consoles deserve recompense due to the timing of the action. The firm believes that said timing — i.e., after Halo 3: ODST and shortly before Modern Warfare 2’s releases — was executed to net Microsoft as much money as possible out of potential Xbox Live subscribers before banning the modded devices. The class action lawsuit would attempt to obtain a refund for the prorated sums left on the banned Xbox Live subscriptions.
According to Joystiq legal columnist Mark Methenitis’ analysis: “To me, this certainly sounds a lot like a cash grab directed at a company with deep pockets, but perhaps there are more facts than they are letting on.” He explains that a user savvy enough to have a modded console would also know not to connect it to Live without “serious risk.” Methenitis concludes, “If, in fact, Microsoft is inducing people to buy a service only to terminate them, then there’s certainly a deceptive business practice concern. But this seems far more cut and dry than that.”
[Thanks, C. Carl Carlston]
Firm considers class action over Xbox Live bannings originally appeared on Joystiq on Thu, 19 Nov 2009 14:01:00 EST. Please see our terms for use of feeds.
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Tags: abingtonip, banned, banning, class-action, law, lawsuit, mark-methenitis, xbl, xbox-live, xbox-live-bannings
By Mister-X
Continue Reading Firm considers class action over Xbox Live bannings
September 30th, 2009 at 05:44pm
Under Xbox 360
Australia has a long, sordid history when it comes to banning the sale of mature games. Titles which exceed the limits of the Office of Film and Literature Classification’s MA15+ rating are refused classification, preventing them from being sold in the Land Down Under. Following such a ban on Valve’s Left 4 Dead 2, the introduction of an R18+ rating has been feverishly debated by the nation’s officials — however, a South Australian attorney general named Michael Atkinson is holding up the proceedings by vehemently opposing the adoption of the mature rating.
Atkinson told Australian news outlet News.com.au that he’s uncomfortable with the interactive nature of the medium. “People are participating and ‘acting-out’ violence and criminal behaviour when they are playing a video game,” he explained, later adding, “it certainly does restrict choice to a small degree, but that is the price of keeping this material from children and vulnerable adults. In my view, the small sacrifice is worth it.”
Rarely can governmental actions be attributed to just one person, but the OFLC’s refusal to rate mature titles is a direct result of Atkinson’s opposition. Remember, this is the same guy who tried to censor a public document which canvassed Australians on the issue in an attempt to better advise the nation’s ratings officials. He censored the study on censorship. Consider our mind truly boggled.
[Via GamesIndustry]
Australian attorney general refuses to support 18+ game rating originally appeared on Joystiq on Wed, 30 Sep 2009 16:44:00 EST. Please see our terms for use of feeds.
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Tags: australia, ban, law, left-4-dead-2, mature, michael-atkinson, oflc, r18, rating, valve
By Mister-X
Continue Reading Australian attorney general refuses to support 18+ game rating
June 16th, 2009 at 11:40pm
Under Xbox 360
Daniel Petric, the teenager who shot and killed his mother and injured his father after being cut off from his precious Halo 3 back in 2007, received his sentence today, MSNBC reports. Judge James Burge sentenced the boy to 23 years to cries of mercy from the boy’s surviving father, who stated that Daniel “still does not understand why he did something so terrible.”
Daniel’s sentence is actually a lot lighter than it could have been, as the prosecution was pushing for the maximum sentence of life without parole. The defense’s argument was that Daniel was so young and so addicted to the game that he could not be held accountable. Petric, only 17 years old, was even younger when he committed the crime, and the judge’s lenience is likely tied to his belief that young Daniel was addicted to the point of delusion.
[Thanks, Aaron]
Daniel Petric sentenced to 23 years in prison originally appeared on Joystiq on Tue, 16 Jun 2009 22:40:00 EST. Please see our terms for use of feeds.
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Tags: bungie, daniel-petric, halo, halo-3, law, murder, trial
By Mister-X
Continue Reading Daniel Petric sentenced to 23 years in prison
June 15th, 2009 at 06:15pm
Under Wii / Nintendo
Nintendo seems to be on a streak as of late, laying down a good old Mario stomp over any patent infringement case thrown its way. Back in March, Nintendo won a case filed in Texas by Fenner Investments Ltd, and now Nintendo has won another one filed by Guardian Media Technologies, Ltd. On June 8th, only six months after the lawsuit was filed in California, Judge Manuel Real ruled in favor of Nintendo and dismissed the case.
Nintendo’s VP of legal and general counsel, Rick Flamm, is jovial over the court’s decision. He said that the case was dismissed because Nintendo convinced the court that “Guardian’s patent had nothing to do with Nintendo’s products.” Mr. Flamm must be keeping one of those glittery stars in his pocket, because it looks like Nintendo’s legal game is invincible.
Nintendo wins yet another patent infringement case originally appeared on Joystiq Nintendo on Mon, 15 Jun 2009 17:15:00 EST. Please see our terms for use of feeds.
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Tags: court, infringement, law, patent, Wii / Nintendo
By Mister-X
Continue Reading Nintendo wins yet another patent infringement case
