In the first case, a three-party settlement among all involved will see THQ paying WWE $13.2 million, and Jakks another $20 million in four installments over the next four years. THQ and Jakks had been partners in the WWE venture, and this settlement effectively buys out Jakks, as the two sides have announced that their partnership ends Dec. 31.

THQ and Jakks had been in litigation since July, after Jakks had notified WWE it would renew the two sides' license, but THQ then sued, saying Jakks wasn't authorized to make such a decision. The payments to both WWE and Jakks resolve those entanglements.

Secondly the license renewal between THQ and WWE begins on Jan 1. and lasts eight years, which is three years beyond the original renewal term. Terms of that were not disclosed.

Got all that? What's it mean? One, THQ will continue to make WWE games, such as its Smackdown vs. Raw series. And, two, it puts that license out of reach for the next eight years. The lack of resolution on this issue had led some to speculate that EA Sports, which has teased a new game announcement come January, might be moving in on 'rasslin. We now know that not to be the case, so EA Sports' new game will have to be something else.

In many ways 2009 was like most for sports games - every major team sports title put out a new version; Madden sold a ton for EA Sports; cover athletes were leaked and/or announced; titles such as EA Sports' FIFA and NHL followed their own strong traditions, while ones like THQ's UFC Undisputed broke new ground. Kotaku's roundup of 2009 is not of the routine stories however, but the ones that had the most lasting impact on this year, and should into next year, too. We invite you to continue the discussion in our comments.

The Race is Over for NASCAR
In early February, EA Sports announces there will be no sequel to NASCAR 09, ending a series going back under various names to 1998. The title's biggest problems were in the franchise's poor sales and limited growth potential. Later, EA Sports boss Peter Moore reveals that the NASCAR development team has been repurposed to its upcoming EA Sports MMA, and the publisher has no plans to restart the racing franchise.

Lawsuits Threaten College Titles' Realism
In May, former Arizona State and Nebraska quarterback Sam Keller files a class-action lawsuit alleging that the NCAA and EA Sports use and/or profit from the use of college athlete's likenesses in video games, without their permission. Keller's complaint points to the two-faced nature of the college sports authority, which requires its athletes' adherence to strict amateur codes while reaping millions off, in effect, their labor. But compensating Keller, or any other athlete, for the use of their likenesses while they are still in school would render them ineligible. Keller's suit points out how easily identifiable he and other players are in the NCAA games - indeed a cottage industry has cropped up to rename roster files, which are disseminated via the EA Sports Locker feature in both its football and basketball titles. Later in the year, former UCLA standout Ed O'Bannon also sues on the same grounds, but said he would use the suit to create a trust fund that could compensate players after they graduate, to preserve the value of the products in which they appear without violating their rights or eligibility. Neither suit has yet gone to trial, but NCAA Football and Basketball without realistic rosters would seriously damage both titles.

Mixed Martial Arts: The Sport of the Future
UFC 2009 Undisputed by THQ debuts in May and is immediately that month's biggest seller, helping put a gold star over mixed martial arts as the newest it-franchise for sports gaming. Although THQ has the UFC license for foreseeable future, rumors that EA Sports has eyes for the sport come true at E3 2009, when EA Sports MMA is announced. Voluble UFC boss Dana White unleashes invective at EA, saying the publisher years before had told his outfit, "You're not a real sport," and "EA doesn't give a [expletive] about mixed martial arts." White also warns fighters they "won't be in the UFC," if they sign on to EA Sports MMA. EA Sports boss Peter Moore doesn't respond directly to White, but says he's backed MMA in video games going back to 2000 on the Dreamcast. Meanwhile, EA Sports MMA signs names such as Fedor Emelianeko, Randy Couture, Jason Miller and, ultimately inks a deal with MMA promotion house Strikeforce. Word spreads that UFC 2010 Undisputed is due in May - and EA Sports declines comment on a rumor that EA Sports MMA won't be out until September.

Trash Talk on the Court
NBA 2K10 is again the consensus leader among pro basketball titles, but NBA Live 10 is a significant improvement over previous years' lackluster offerings. This year, it becomes easily the most competitive, and heated, rivalry among published sports titles. It gets personal when EA Sports is praised for putting out a comprehensive patch that it says was built with community feedback. A representative of 2K Sports, in a post later taken down, goes into a forum to question whether such a patch could have been built and passed certification so quickly - which implies EA Sports began work in advance of the game's release and knew it was shipping substandard code. The NBA Live team returns fire on its blog with a wave of screenshots showing people offering NBA 2K10 for sale on Craigslist, insulting its quality, and pledging allegiance to NBA Live.

Catch a Tiger with Tail
Golf superstar Tiger Woods' failure to keep it in his pants is the subject of a hilarious machinima re-enactment from China, but as the scandal wears on it starts getting less funny and starts costing more money. As Woods' major corporate sponsors such as Accenture and Gatorade begin dropping him or scaling back his appearances, the question is put to EA Sports, which has the golfer at the front of both its console golf title and an upcoming free-to-play online version. At first EA Sports stands by its man, but later issues a second statement that, reading between the lines, is a little more qualified in its support. Woods is taking an indefinite leave from the PGA Tour heading into 2010, and it becomes clear that as long as he is away from the course, EA Sports will face these questions.

Iced Hockey
Not a poor game, but not exceptional in its later years, the consensus still places 2K Sports' NHL franchise a distant second to EA Sports' NHL in 2009, and that seems to be enough for the Take-Two leadership. In December, the game is conspicuously left off a corporate filing that announces upcoming dates and platforms for other sports titles in 2010. Asked if NHL 2K has been canceled, a 2K Sports spokesman replies only that no plans have been made for that property, which is taken as a "yes," by most. Furthermore, the same listing shows NBA 2K10 - by far 2K Sports' best team property - as "TBA" for the platforms to which it will release. This likely means the end of that series' brief Wii experiment.

Baseball Been Bery, Bery Bad to Take-Two
This was a terrible year for horsehide under the 2K Sports brand. MLB 2K9 wasn't just a regression from the series' previous offering, it went out the door with a staggering number of glitches in the product. Terrible graphics and even comical player faces also contributed to the savage reviews it received. Spinoff titles like The Bigs 2 and Front Office Manager, concocted to help offset what one analyst thinks is the $40 million paid for MLB exclusive licensing back in 2005, failed to sell according to expectations. In December, Take-Two CEO Strauss Zelnick singles out the company's baseball franchise for blame when the company announces it will miss earnings projections. Two weeks later, Take-Two announces a $137.9 million loss for the fiscal year.

The Salt Lake City Weekly has a comprehensive roundup of the Sensory Sweep fiasco, and it won't fill you with holiday cheer. But I do encourage you to read it out of respect for these workers and their families, caught up in the studio's deceptions and paid in promises for a year.

In addition to the unpaid wages, the company had stopped paying insurance premiums and 401(k) contributions, even though workers' checks (when they were getting them) had still been deducted for them. The lack of insurance means former employee Paul Grimshaw is looking at bankruptcy over an unpaid dental claim.

The federal government, which negotiated the back-pay deal way back in January, is using threats of jail to collect back taxes from founder Dave Rushton and his wife Maureen, but not to get destitute employees the money they were owed. In other words, some guy and his wife made money off people's free labor, and the government's first in line to be paid, not the workers. Utah's Labor Commission needs prosecutors if it's going to bring state criminal charges against an employer who does not pay, and that kind of case hasn't been brought in 10 years.

Oh, and speaking of taxes? A former employee, who sent us this tip, told Kotaku that his (and others') Social Security taxes hadn't been paid in 2007, so workers are on the hook for that, too.

A former studio employee, commenting on the Salt Lake Weekly's article, sums up how Sensory Sweep was able to keep going even when the checks weren't:

"One of the most frustrating things about being a former Sensory Sweep employee was watching other people young to the industry walk into the company while it was floundering. Those kids would end up being paid in promises and optimistic half-truths, and they just didn't have the available experience to know any better."

It is sad. Jobs in this industry are incredibly competitive because so many want to work in it, and will make great sacrifices to do so, and are reminded by people on the outside that this is somehow a dream job others would be happy to do for free. Speaking personally, I clench my fists every time I read someone say that kind of thing so casually. And out in Utah, where people also had mortgages, student loans, families and no other jobs in the industry to seek, I can see how that helped keep Sensory Sweep's charade going.

Sensory Sweep Shortchange [Salt Lake City Weekly]

Here's the score: Bethesda sued Interplay, claiming the Fallout Trilogy bundle it was selling and marketing through digital distribution services was "confusingly similar" to Bethesda's Fallout 3 products going out this year. Bethesda also wants to terminate Interplay's contract to develop the Fallout MMO, a deal signed when Bethesda bought the rights in 2007 - for $5.75 million - from Interplay, the series' original publisher.

But U.S. District Court Judge Deborah K. Chasanow rejected Bethesda's request for an injunction, without giving any reasons, in a ruling first found by Fallout fan Web site Duck and Cover, and reported today by Gamasutra.

Court Denies Bethesda's Motion To Block Interplay Fallout Activity [Gamasutra]

Estavillo's suing Microsoft for an RROD on his 360, claiming that a disability means he can afford neither a new console nor a "well over $100 fee to fix it." He's looking for $75,000 on that complaint, because of the "undue stress" he's suffered since the machine's failure, plus the "sadness he will have in the mean time of finding one he can afford." Allllllllright. Next.

Nintendo of America isn't so holy in this either. Estavillo complains that a Wii firmware update disabled his homebrew channel. Basically, he's bitching that it prevents him from unlocking a character in Super Mario Galaxy and for that he wants $5,000 for obstructing his "pursuit of happiness."

In his suit Estavillo says he depends on games for his emotional well being because he suffers from depression, OCD, panic disorder, Crohn's disease and agoraphobia, the latter of which you might recall was his basis for suing Sony after it banned him for being a jackass on PSN. A judge threw out that lawsuit, a judgment which he has appealed. There's obviously no stopping this guy.

Banned Resistance Gamer Targets Microsoft and NOA in Latest Suits [Game Politics]

Well, not literally STFU, but one imagines that's heavily implied with this kind of boilerplate, uttered by a Microsofot spokesperson on Friday to Canada's Financial Post.

"Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use. Microsoft is well within its legal rights to ban these users from Xbox Live."

No suit's been filed, remember. I think the firm involved in this saw the claims that a million XBL users were caught in the blast and went beating the bushes figuring at least some lucrative percentage of those were innocent. While Microsoft hasn't specified the total number of pirates banz0red, it's cast doubt on rumors that it was, in fact, seven figures' worth.

Microsoft Stands Firm in Face of Possible Lawsuit Over Xbox Live Bans [Financial Post]

The nature of Alexander Stern's visual impairment isn't clear from the report, whether that is total blindness or partial blindness, or some other form of sight disability. But his suit, filed in federal court in California, claims that Sony has ignored repeated requests to modify its games - the suit seems to focus on SOE's MMOs - and that the realms Sony maintains here are essentially public accommodations as defined by the ADA.

Stern repeatedly asked Sony for the addition of visual cues to point out destinations for gamers with "disability impaired visual processing." The suit mentions World of Warcraft and another game that, through the allowance of third-party modifications or other features, make their games more accessible to the visually impaired.

There's also a claim that by not making accommodations for the visually impaired, Sony essentially deprives Stern and others of fair participation in selling off in-game items over SOE's official auction site.

Sony told GameSpot it doesn't comment on pending litigation.

Whatever the merits of the suit, and I'm sure our team of lawyers will robustly discuss them in the comments below, the action is intriguing to me in that it seems to depend on finding a virtual environment is a public accommodation. I can't even begin to argue coherently that it is or isn't or should or should not be. A judge could find that an MMO is a public accommodation and Stern could still lose, but such a ruling could have larger ramifications that outlive this case, for more than just Sony.

Visually Impaired Gamer Sues Sony Online [GameSpot, thanks Roberto E.]

Jennifer Strange (pictured), a mom to three kids, died of apparent water intoxication during "Hold Your Wee for a Wii," a contest held by KDND-FM of Sacramento in January 2007, not two months after the Wii debuted and demand for the console was white-hot.

The jury found the station negligent in the death, especially for ignoring several warnings that the point of the stunt - drinking a ton of water and refusing to pee - could have fatal consequences.

Ten station employees were fired after the death; Entercom Sacramento, the company that owns KDND, sounds like it will not be appealing the verdict. A spokesman told the Los Angeles Times that, "We respect the jury's decision and hope that it will assist the Strange family in coping with its loss."

During the trial a tape of the program revealed that an on-air host had mentioned the potential fatal effects of drinking too much water - citing a 2005 fraternity hazing death. A listener also called to advise they not try the stunt.

Strange was trying to win the console for her three children. She finished in second place. After the contest she rushed with the winner to the bathroom to vomit; by the afternoon, she was dead.

Jury Awards $16 Million to Family in Fatal Radio Prank [Los Angeles Times, thanks Andres B.]

Two weeks ago The Plain Dealer of Cleveland reported that Thompson's lawyers had canceled a procedural conference because the case is in the process of being dismissed. Thompson, a member of the Pro Football Hall of Fame's "Hall of Fans," who wears a bug-eyed dog mask, hard hat and waves a bone, had sued EA for a similar character appearing in Madden NFL 2005.

The Plain Dealer's Oct. 5 report said the suit was expected to be resolved in three weeks. His suit sought at least $25,000 and a promise from EA to no longer use his image.

Browns Superfan John 'Big Dawg' Thompson's Case Against Game Maker Likely to be Resolved [Cleveland.com via Gamasutra]

Last month, GameFly filed an order to force the USPS to provide figures showing how many of its retail locations have Netflix, Blockbuster, or other dedicated mail slots for DVD-based mail. The Postal Service said, in effect, "don't know what you're talking about," and said such slots, if they exist, would be against USPS policy. GameFly came back with pictures taken in Alturas and Susanville, Calif. (Susanville pictured above; both towns are well in the northern part of the state) showing just such a thing. The Postal Service has refused to authenticate the pics.

Dedicated mail slots are just one facet of GameFly's overall complaint against the Postal Service, which includes hand-sorting of competitors' and peers' disc mail, to avoid breakage, and that USPS automatic sorters break $300,000 worth of GameFly games per month.

The case is still, as they say, pending. Still, has anyone out there seen dedicated Netflix slots at their local Post Office?

Update on Gamefly Complaint With USPS That Netflix and Blockbuster Get Preferential Treatment [Hacking Netflix via Game Politics]

John Kennedy filed his complaint against Sony Computer Entertainment America on Oct. 3 in, where else, federal court for the Northern District of California. That would be San Francisco.

The suit's complaint mentions two things: one, "that as a general rule, Sony ‘encourages' PS3 owners to install the latest version of system software, Sony required users to install the Firmware 3.0 update." Two: a Sony forum featured enough complaints about the Firmware causing console failures that Sony responded with a firmware FAQ.

At this point we put on our hushed baritone court-reporter fine-print voice: Class members demand declaratory relief, compensation and restitution for breach of implied warranty, negligence and unjust enrichment.

Firmware Update Borks PS3, Man Sues SCEA [Game Politics]

All three have filed suits over the unauthorized use of likenesses in EA Sports titles. Byron Bishop ended his injury-filled career with the Tar Heels last year, but has sued the NCAA, which licensed EA Sports NCAA 10 game, because a player with the same number, state of birth, appearance and position also appeared on the roster in that series. Like the former, and more noteworthy, player Sam Keller, Bishop seeks a class-action status in his suit.

The sports management group Fighters Inc. claims EA put boxers it represents into Fight Night Round 4, flouting exclusive licensing agreements the group says it had with the fighters. Further, Fighters Inc says EA Sports continued to pursue boxers under its brand, signing them for downlowdable content packs. Fighters Inc. isn't messing around, they want $25 million in actual damages, plus punitive on top of that.

But the best is John Big Dawg Thompson, one of the inaugural members of the Pro Football Hall of Fame's "Hall of Fans" class. Thompson, who changed his middle-name to Big Dawg, is the bug-eyed, hard-hatted, dawg-mask wearing denizen of Cleveland's notorious east end zone stands. He contends that a "Big Dawg" fan character in Madden NFL 09, similar except for jersey uniform number (92 instead of Thompson's 98), is an unauthorized use of his image. He wants 25 grand.

The good news is, by no longer making a baseball game, EA Sports can't be sued by every douche who sits behind home plate talking on his cell phone and waving at the camera.

EA Tackled by More Sports License Suits [GameSpot]

Earlier this year, Erik Estavillo got thumbed for being a turd while playing Resistance: Fall of Man. So he sued Sony, alleging the ban constituted theft in the form of depriving him of services for which he had paid. Estavillo also said something about being an agoraphobic, which means his fear of large crowds left him only with venues such as PSN for being able to safely interact with others. He also had the fantastic smarts to represent himself, no doubt contributing to the speedy judgment of his complaint.

Estavillo's $55,000 claim was thrown out by Judge Ronald M. Whyte in federal court for the Northern District of California. He ruled there was no plausible First Amendment claim in the case. Sony all along maintained that First Amendment protections have no relevance to the PSN, which is a private accommodation.

Some others have inspected the ruling and found that the judge based his decision on a rejection of some sort of legal concept called the "company town analogy." Perhaps. I think he employed the "this lawsuit is total crap" standard, which usually has primacy. Or should.

Judge Able to Resist PSN Lawsuit [Game Politics]

Langdell, at the center of many controversies over the years regarding trademark rights to the word "Edge", has been involved in a similar dispute with Electronic Arts since 2007 concerning its title "Mirror's Edge." On Sept. 11, EA filed a petition with the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office to wipe out five trademarks involved in the case, saying they have been threatened by Langdell for a year over the distribution of Mirror's Edge.

"EA has filed a complaint to put an end to legal threats over a trademark issue related to our game, Mirror's Edge," company spokesman Jeff Brown said Tuesday. "While this seems like a small issue for EA, we think that filing the complaint is the right thing to do for the developer community."

Langdell, in a statement to Kotaku, called Electronic Arts' petition "a desperate attempt by EA to see if they can win the right to use Mirror's Edge by forcibly removing Edge's legitimate rights to Edge." Langdell pointed to a USPTO ruling in his favor, from August 2008, which found EA's registration of the trademark "Mirror's Edge" had been granted in error, and the company's subsequent abandonment of the mark - made official Sept. 8 - "stands as an acceptance of Edge's rights."

The USPTO database does list the trademark "Mirror's Edge" as "abandoned" as of Sept. 8, 2009. When asked about the timing of EA's filing, Brown, the spokesman, said only that the company had been unsuccessful in its yearlong attempt to resolve the dispute, and "we feel it is important to establish the rights of developers in this situation. So we filed the petition to cancel those marks."

Brown also declined to comment when asked if the petition was at all related to any upcoming product announcements using the word "Edge." Nor would he specify how negotiations with Langdell broke down.

Over the years, Langdell has been accused of heavy-handed behavior against developers who wittingly or unwittingly use the word "Edge", which he trademarked years ago for use in video games, and a slew of other associated products since then. In addition to the disagreement with EA, Langdell has been involved in a bitter dispute with Mobigame, whose iPhone game EDGE has appeared on the iTunes App Store and was later removed when he challenged Mobigame's usage of the title.

The notoriety surrounding this action in large part led to a campaign to have Langdell removed from the board of directors of the International Game Developers Association. Langdell voluntarily quit the board last month rather than face a removal vote.

"A lot of small developers who are faced with this situation settle claims because they don't know how, or can't afford to fight for their rights," said Brown, the EA spokesman. "We hope that as a result of this action, other developers will be less intimidated by unwarranted legal threats."

But Langdell counters that EA is trying to poison sentiment against his company, and that its accusations "sound like comments intended to sway indie game news reporters' opinion and deflect you away from the obvious fact that it is EA [that] indie developers need to be protected from."

In the filing, Electronic Arts alleges that Langdell has effectively abandoned these trademarks through disuse. While Langdell vigorously states his company is actively involved in the development of games, both Mobygames and this analysis say the last game published by Edge Games was in 1990.

Edge Games' Web site says it is developing four multiplatform titles, one of which "Racers," was released on Sept. 9. "Clearly, Edge has not abandoned its trademark and that allegation is obviously destined to fail," Langdell told Kotaku. Langdell's statement says Edge's games "are on general sale at this time as they have been at all times over the past many years."

Significantly, EA also alleges that Langdell fraudulently obtained the trademark registrations, filing out-of-date and even falsified specimens to obtain them. EA alleges two registrations, dated 1996 and 2006, used box covers from games published in 1989 and 1990 and were not examples of a mark used in commerce, especially as the 1990 game was developed for the since-discontinued Commodore Amiga. Another 2009 registration submitted an Edge mark used on the 1986 game Bobby Bearing, saying that game had been in use "continuously over the past five years," on mobile phones. EA claims that is false.

EA says two other registrations, in 2004 and 2005, were obtained by submitting a nonexistent magazine cover in one case, and a Hulk comic book published in the 1990s in another. (Langdell claims to have licensed trademarks to the two publications.)

Langdell flatly denied that Edge ever committed fraud in applying for its U.S. trademarks.

Langdell has also said that Mobigame told him, in an email published here, that it and Electronic Arts had formed some sort of partnership, to what end he did not say. In a lengthy public statement published last August, Langdeel seems to imply that EA and Mobigame might be working together "to seek to undermine our rights in EDGE," to get out of an agreement Langdell says Edge and EA had reached earlier.

Brown, the EA spokesman, said that to his knowledge EA has no formal relationship with Mobigame. A request for comment left with Mobigame was not answered as of publication time. Mobigame replied to Kotaku that, in May, it had been working on a video game project unrelated to EDGE, or any game involved in this dispute, licensed by a British company that was in negotiations with Electronic Arts to publish it. Those negotiations have since ended, Mobigame's David Papazian said.

According to a notice sent by the USPTO, Langdell has until Oct. 27 to respond to EA's petition. Should the matter proceed to trial, that will begin in the summer of 2010.

Electronic Arts' filing may be downloaded here, in .pdf form.

Langdell, for his part, accuses EA of playing the bully in this matter.

"The key dispute for the past two to three years ... has always been between the multinational conglomerate EA and Edge fighting for its rights as a relatively small indie developer up against the giant corporate bully, EA," Langdell wrote. "It is a great pity that another fellow indie developer, Mobigame, got caught in the crossfire, but at least EA are now out in the open with their fight, now openly trying to stifle the legitimate rights of indie developers."

On Wednesday, a federal district court in Los Angeles dismissed Brown's claim against Electronic Arts for the use of his image in its Madden NFL series. Judge Florence Marie-Cooper essentially found that video games are "expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment." Such works are protected by the First Amendment.

This would cover the use of Jim Brown's likeness - that of a living person, remember - in a commercial work. Lawyers for Sam Keller, the NCAA footballer who sued over the use of his likeness in EA Sports' NCAA football franchise, say that this ruling has no bearing on their suit. Indeed, it's at the federal district level and may be appealed. But a judge interpreting the First Amendment to protect video games in this way is certainly noteworthy.

Brown wants to file a friend-of-the-court brief in Keller's case, which is before federal court in California's Northern District, up in Oakland. Brown's attorney is also the same one who represented retired player Herb Adderley - the lead plaintiff in a successful $26 million class action lawsuit against the NFL Players Association over its licensing of retired players' likenesses to EA Sports for the Madden series.

Ronald Katz, the lawyer representing Adderley and Brown, wrote in a filing Monday that allowing EA Sports to profit from the use of athletes' likenesses without their permission means "EA could use for free the identity of thousands of present and former collegiate and professional athletes, eliminating any legal reasons for EA to continue any licensing, and giving it a windfall worth hundreds of millions of dollars."

A judge in California's Northern District will hear arguments on the Keller case on Nov. 17.

Again, this is a district-level ruling that has not been appealed. Bigger picture, the "expressive works" finding, if upheld, could have significantly larger implications for video games, well beyond sports titles.

Retired NFL Players Seek to Join EA Lawsuit [Associated Press via Game Politics]

Eros LLC of Florida, which produces the popular (or so I am told, anyway) SexGen line took Linden Lab to federal court this week, on a claim that the Second Life operator refuses to take action against users who custom-rig their own sex machines (more or less, they're code that facilitate boinking animations) and then slap the SexGen brand on 'em.

Sounds funny, but microtransactions are no joke. Some $600 million in in-world sales are expected this year, with Linden Lab taking a cut of that. It gets a cut of anything that changes hands for virtual buxx, black market goods or no. And on top of this, Eros does maintain an in-world store, so the virtual ripoff is very real to them.

Eros successfully sued some black marketeers two years ago; this suit represents an escalation. They seek class action status for other merchants who are getting bootlegged. Their allegations will also challenge the Digital Millennium Copyright Act, which protects Web sites from legal action if they're responsive to rights holders' takedown notices. All of this because people are selling counterfeit fuck coffins.

Linden Lab Targeted in Second Life Sex-Code Lawsuit [Wired]

The company, Paltalk Holdings Inc., has successfully settled claims against Microsoft, alleging it infringed the same patents in Halo. The technology in question concerns how multiple players in different locations still see the same events - explosions, monsters, etc. - in real time.

Paltalk bought the patents in 2002, and allege that Turbine and other companies are infringing them. The suit's been filed in federal court for the Eastern District of Texas, which is known as a plaintiff-friendly venue for such litigation. Microsoft's settlement, back in March, certainly makes it harder to deny the validity of Paltalk's claim.

In addition to Turbine, Sony (Everquest) and Blizzard (World of Warcraft), NCSoft (Guild Wars) and Jagex (Runescape) are also named as defendants.

Westwood-Based Video Game Maker Named in Patent Infringement Suit [The Boston Globe]

Turbine sued Atari in New York state court on Aug. 24, more or less alleging the Atari invented a ruse to terminate Turbine's sublicense contract to develop a Dungeons & Dragons MMO. The suit implies Atari did this to make way for an upcoming D&D project being developed by Cryptic Studios - which Atari bought in December.

Here's Atari's response, emailed today to Kotaku. One highlight - in addition to filing a motion to dismiss, Atari's also countersuing Turbine for some money "resulting from an independent third party audit of Turbine." Sounds like this is gonna be nasty.

Last week, with no warning, Turbine filed what can only be viewed as a frivolous lawsuit against Atari. This action can ultimately do a great disservice to D&D fans and to the MMO community at large. Turbine's actions also appear intended to divert attention from the contractual obligations that Turbine owes to Atari. In response, today Atari served a motion to dismiss the entirety of Turbine's lawsuit. Atari also filed a separate complaint to recover monies owed to Atari resulting from an independent third party audit of Turbine. While Atari hopes for a quick and fair resolution, it remains fully committed to the D&D communities worldwide and will vigorously protect the franchise and its own integrity in this matter.

Pecover vs. EA, the federal class-action suit alleging EA's exclusive license with the NFL constitutes an illegal monopoly, is looking for additional plaintiffs to join the fun. In a news release two weeks ago, the firm representing the named plaintiff put out a call for those who bought not only Madden from August, 2005 forward, but also any Arena Football or NCAA football branded game in the span, too.

If any of this applies to you, and you want to join a class action suit, the plaintiff's firm has set up a page where you can give over your information.

But before those cash register sounds go off in your head, let's be real for a minute. While it's true an expert witness for the plaintiff estimated the EA/NFL exclusivity pact may have cost consumers upwards of a billion over its lifespan, think of how many zillion copies of the game have been sold since then. And that's presuming a court looks at this and says the NFL has to make its trademarks and players available to those with enough dough to pay for a reasonable license to them.

If, however, this gets into a settlement phase, then joining the suit will guarantee you your cut of the loot, which would probably be something like a coupon off your next purchase of Madden or something.

The case recently survived a dismissal motion by Electronic Arts. At last mention, this was set to go to trial Sept. 14.

Lawyers in Class Action Suit vs EA are Seeking Buyers to Join In [Game Politics]

Daniel Chabot, described as a bishop in the Church of Raël, runs an employee-coaching firm in Quebec. He claimed that when Ubisoft Montreal found out he worships UFOs, they ended the training program he was conducting for them.

A Quebec judge threw out his lawsuit, which only sought $10,000. Lord, those Canadians are temperate people. Down here it would have been for several million. And it would have gotten tossed, too.

You might remember the Raëlians, who aside from the whole UFO-religion kookiness were at least on the ball to pick the week between Christmas and New Year's, the slowest news cycle of the year, to fool mainstream journalists with their claim they'd cloned a human. The Dec. 26, 2002 announcement was later declared a hoax.

Court Rejects Lawsuit by Raëlian Church Bishop Against Ubisoft [Montreal Gazette via GamePolitics]