lawsuit
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’
December 1st, 2009 at 12:00am
Under Xbox 360
Erik Estavillo — otherwise referred to as a “professional plantiff” by
GamePolitics for his laundry list of legal claims — has subpoenaed Microsoft’s Bill Gates in his suit targeting the company for his run in with the
Red Ring of Death. According to court documents filed in a U.S. District Court for the Northern District of California, the subpoena demands Gates hand over paperwork that reveal the “true and relative number of actual Xbox 360 units that have been fixed by Microsoft over the past 3 years.” Estavillo also seeks data pertaining to the number of broken Xbox 360 consoles and the amount of people banned from Xbox Live for “piracy” between November 28, 2008 and 2009.
While Estavillo is looking for answers to questions every journalist has been seeking, his track record of legal battles places him in eccentric territory. Estavillo is also suing Activision Blizzard claiming characters in World of Warcraft walk at an intentionally slow pace in order to bilk customers of more monthly fees. In the claim, he subpoenaed actress Winona Ryder and Depeche Mode member Martin Gore. Estavillo has also filed suit against Sony for being banned from online play, stemming from comments he supposedly made during matches of Resistance: Fall of Man; and Nintendo, for issuing firmware updates that disabled his Homebrew Channel.
‘Pro plantiff’ Erik Estavillo subpoenas Bill Gates in RROD suit originally appeared on Joystiq on Mon, 30 Nov 2009 23:00:00 EST. Please see our terms for use of feeds.
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Tags: bill-gates, business, erik-estavillo, lawsuit, legal, microsoft, red-ring-of-death, rrod
By Mister-X
Continue Reading ‘Pro plantiff’ Erik Estavillo subpoenas Bill Gates in RROD suit
November 23rd, 2009 at 06:00pm
Under Xbox 360
Datel announced that it has filed an antitrust lawsuit against Microsoft, in response to Microsoft’s lockout (via Xbox 360 firmware update) of the company’s Max Memory Cards. We doubt this is the “remedy” for the lockout issue to which the company previously referred, but it’s certainly one way to address it.
“Microsoft has taken steps to render inoperable the competing Datel memory card for no visible purpose other than to have that market entirely to themselves,” Datel attorney Marty Glick explained in a press release. “They accomplished their recent update by making a system change that will not recognize or allow operation of a memory card with greater capacity than their own. We believe that with the power Microsoft enjoys in the market for Xbox accessories this conduct is unlawful.”
In the press release, Datel goes on to say that the lawsuit is intended to “restore competition” which, the company suggests, is beneficial to consumers. It’s now up to a federal court in San Francisco to determine whether the Max Memory-crippling Xbox update constitutes unlawful anti-competitive behavior on the part of Microsoft.
The last time Datel went to court, it viewed the experience from the other side. Sony filed suit against the peripheral maker over the “Lite Blue Tool,” which would have enabled users to run unsigned code on PSP hardware.
Datel suing Microsoft over Max Memory card lockout originally appeared on Joystiq on Mon, 23 Nov 2009 17:00:00 EST. Please see our terms for use of feeds.
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Tags: datel, Datel-Max-Memory, lawsuit, memory-unit
By Mister-X
Continue Reading Datel suing Microsoft over Max Memory card lockout
November 22nd, 2009 at 06:00pm
Under Xbox 360
In response to a possible class action lawsuit resulting from a recent round of Xbox Live bans, Microsoft has now asserted the legality of its position. A spokesperson has told the Financial Post that piracy is a violation of the company’s terms of use and that Microsoft is “well within its legal rights” to ban users from its Xbox Live.
It was reported earlier this month that the law firm AlbingtonIP is “investigating” the possibility of a class action lawsuit against Microsoft over the bans. The firm argues that timing of the bans — shortly after the release of Halo 3: ODST and just prior to the launch of Modern Warfare 2 — was designed to get as much money from Xbox Live subscriptions as possible. In other words, the firm believes that Microsoft personally waited for a time when many people — modders in this case — would be purchasing Live subscriptions for popular games — money that probably wouldn’t be refunded after a ban.
Joystiq’s Law of the Game columnist, Mark Methenitis, classified the suit as a likely “cash grab,” explaining that anyone savvy enough to mod an Xbox would know to stay well away from Xbox Live. We might add that major releases, like ODST and Modern Warfare 2, are the biggest targets for piracy, and likely correspond with rises in illegal downloads. And that just might have something to do with the timing of the bans in question.
[Via Kotaku]
Microsoft says it’s ‘well within legal rights’ to ban consoles originally appeared on Joystiq on Sun, 22 Nov 2009 17:00:00 EST. Please see our terms for use of feeds.
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Tags: ban, halo-3-odst, lawsuit, legal, microsoft, modding, modern-warfare-2, piracy, xbox-live
By Mister-X
Continue Reading Microsoft says it’s ‘well within legal rights’ to ban consoles
November 20th, 2009 at 09:30pm
Under Xbox 360
After being banned from the PlayStation Network for hateful comments stated in Resistance’s online community, Erik Estavillo launched not one, but two, lawsuits against Sony for infringing on his “first amendment rights” — an argument that was shot down by Judge Ronald Whyte simply because “Sony is not part of the government.”
However, what Estavillo lacks in civil online discourse, he makes up for with sheer determination and persistence. In addition to Sony, he now has both Microsoft and Nintendo in his sights. Estavillo is seeking $75,000 from Microsoft for the “undue stress” and “sadness” caused by his Xbox 360’s RROD. “Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff,” his claim states — a burden that is equivalent to the sum of 375 Xbox 360 systems, apparently. Nintendo is being sued for interfering with Estavillo’s “pursuit of happiness.” And how exactly is Nintendo doing that? “Deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications” via a system update.
We’re hoping you can see the sheer brilliance of Estavillo’s strategy. He’s offering the perfect opportunity for PlayStation, Xbox and Nintendo fans to agree on something for once.
Banned PSN player sues Nintendo and Microsoft originally appeared on Joystiq on Fri, 20 Nov 2009 20:30:00 EST. Please see our terms for use of feeds.
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Tags: erik-estavillo, homebrew, lawsuit, microsoft, nintendo, rrod
By Mister-X
Continue Reading Banned PSN player sues Nintendo and Microsoft
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
November 4th, 2009 at 05:40pm
Under Wii / Nintendo
The multi-platinum rock band No Doubt has filed a lawsuit against Activision in a L.A. County Superior Court claiming its likeness was “transformed” into a “virtual karaoke circus act” in over sixty songs in the recently released music title, Band Hero. According to TMZ, No Doubt claims gamers were only supposed to be able to use their likeness with three of its own tracks; however, the band is available as playable characters through the game’s entire music catalog.
Of particular note is lead singer Gwen Stefani’s displeasure that her likeness can be used to sing “Honky Tonk Woman” by the Rolling Stones — a song which references sex with prostitutes — using a male voice and mannerisms. For its “circus act” inclusion, No Doubt is seeking an injunction to halt the “unauthorized use” of the band’s name and likeness, as well as an unknown amount of damages (aka mad monies). Seems like Activision can’t keep rock stars happy, dead or alive.
[Via TeamXbox]
No Doubt suing Activision for Band Hero ‘circus act’ appearance originally appeared on Joystiq on Wed, 04 Nov 2009 16:40:00 EST. Please see our terms for use of feeds.
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Tags: activision, band-hero, budcat-creations, gwen-stefani, lawsuit, neversoft, no-doubt, vicarious-visions, Wii / Nintendo
By Mister-X
Continue Reading No Doubt suing Activision for Band Hero ‘circus act’ appearance
October 15th, 2009 at 12:15pm
Under Wii / Nintendo
Faced with The Truth that – regardless of what sorts of anti-piracy technology it folds into its DS platform – pirates will invariably hack the dual-screened handheld, Nintendo has buddied up with Capcom and 53 other video game publishers in Japan to file suit against four resellers of the popular R4 flash cartridge.
Earlier this year, a Tokyo court banned the sale of the devices; however, Capcom now says that “legal action has had no meaningful effect in the intervening period” and that sellers would “ignore” its warnings. Enter: a new lawsuit, which Capcom hopes leads to a ruling that acknowledges “our company and other software manufactures have sustained [extreme] damages from proliferation of illegal instruments.” Seems pretty cut and dry to us, but we’ll let the courts decide.
Nintendo, Capcom, friends file suit over DS piracy-enabling R4 sales originally appeared on Joystiq on Thu, 15 Oct 2009 11:15:00 EST. Please see our terms for use of feeds.
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Tags: capcom, lawsuit, nintendo, piracy, r4, Wii / Nintendo
By Mister-X
Continue Reading Nintendo, Capcom, friends file suit over DS piracy-enabling R4 sales
September 10th, 2009 at 04:30pm
Under Wii / Nintendo
This morning, we reported on Courtney Love’s tweeted allegations that the ghastly Kurt Cobain avatar was included in Guitar Hero 5 without her consent. Though the company didn’t mention whether or not the lawsuit has actually been filed against them, Activision just sent us a statement refuting Love’s claims:
“Guitar Hero secured the necessary licensing rights from the Cobain estate in a written agreement signed by Courtney Love to use Kurt Cobain’s likeness as a fully playable character in Guitar Hero(r) 5.”
Maybe Love did sign off on it, but just doesn’t remember. There, we said it. We were all thinking it anyway.
Activision: Courtney Love agreed to Cobain avatar originally appeared on Joystiq on Thu, 10 Sep 2009 15:30:00 EST. Please see our terms for use of feeds.
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Tags: activision, courtney-love, guitar-hero, guitar-hero-5, kurt-cobain, lawsuit, Wii / Nintendo
By Mister-X
Continue Reading Activision: Courtney Love agreed to Cobain avatar
September 10th, 2009 at 01:00pm
Under Xbox 360
Randy Nunez is quite upset with Microsoft and Bungie, as TG Daily reports he’s leading the charge on a lawsuit against both companies over bugs and glitches he (and others) found in Halo 3. Forget that the game is enjoyed relatively complaint-free by close to a million people every day, Nunez and company say “Halo 3 consistently causes the Xbox 360 to ‘crash,’ ‘freeze’ or ‘lock up’ while the game is being played.” The filing even states that “repeated and mounting consumer complaints and inquiries concerning this operational flaw in Halo 3” have been reported, with Microsoft and Bungie allegedly taking no steps to correct the issue or recall the game.
Our biggest issue with the game, of course, is that it never lets us win online. Do we need to start spamming the lawyer weapon?
Gamer sticks Bungie, Microsoft with Halo 3 lawsuit originally appeared on Joystiq on Thu, 10 Sep 2009 12:00:00 EST. Please see our terms for use of feeds.
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Tags: bug, bungie, glitch, glitches, halo, halo-3, lawsuit, sue
By Mister-X
Continue Reading Gamer sticks Bungie, Microsoft with Halo 3 lawsuit
