Kotaku: legal eagles

EA Sued Over Copyright Infringement In Ten NCAA Games

Michael McWhertor — Tue, 21 Oct 2008 20:00:00 MDT

Gerald Willis, who composed the University of Nevada Las Vegas fight song "Win With the Rebels," has filed suit against Electronics Arts over the company's commercial use of his song in ten video games. The NCAA licensed titles under contention include NCAA Football, NCAA Basketball, NCAA March Madness and NCAA Baseball series, spanning from 2005 to 2008.

Willis is seeking "up to $150,000" for each copyright infringement. That could mean up to $1.5 million if it applies to each release, a couple trillion if applied to each infringing copy sold. The composer's lawyer tells the Las Vegas Review-Journal that the university has "a limited license" to the song. Wonder if someone at UNLV forgot to tell EA that...

Composer sues game maker Electronic Arts over use of UNLV fight song [Las Vegas Review-Journal]

Judge Says Jack Thompson Guilty Of Misconduct During GTA, Bully Trials

Michael McWhertor — Tue, 20 May 2008 18:20:03 MDT

According to a report from GamePolitics, the judge who presided over Miami lawyer Jack Thompson's Bar trial has recommended to the Florida Supreme Court that he be found guilty on 27 of 31 charges of professional misconduct. Of the 27 recommendations of guilt, twenty-one are from a suit related to Grand Theft Auto and four are from an attempt by Thompson to have Rockstar's Bully declared a public nuisance.

The Bar trial judge, Dava Tunis, found the violent video game activist guilty of misconduct such as "Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation." The state Supreme Court will have to make a ruling based on those recommendations, with a disciplinary hearing planned for the first week of June.

Jack Thompson Guilty on 27 of 31 Misconduct Charges, Says Bar Trial Judge... FL Supreme Court Must Now Rule [GamePolitics]

Band Sue Harmonix, RedOctane Over Guitar Hero Cover

Michael McWhertor — Wed, 21 Nov 2007 16:20:00 MST

Rock band The Romantics have filed suit against Harmonix, RedOctane and Wavegroup Sound for the cover version of "What I Like About You", included in Guitar Hero Encore: Rocks the 80s, reports Billboard. The suit claims that the re-recording of the group's 1980 hit is "virtually indistinguishable from the authentic version" and that consumers may become confused into believing the original recording was used. This would, I assume, lead to many disoriented gamers who might simply go mad from attempting to process the information and cause injury.

The Romantics are, of course, seeking compensatory and punitive damages but specific dollar amounts aren't listed. Billboard writes that the band may have a case, citing "right of publicity" but counters that only those who are "very well known" may benefit from suing imitators.

If the court were to rule in the favor of the band, it could spell further trouble for parties involved in the Guitar Hero and Rock Band series in the form of lawsuits from other bands hungry for cash. The potential silver lining? Steering away from cover versions, including only master tracks. That silver lining comes with a bit of tin, however, as there are cases where those master tracks are simply no longer available, potentially limiting future track listings.

Regardless of the outcome, it's all utterly unromantic.

The Romantics Sue Activision Over 'Guitar Hero' [Billboard - thanks, Damon!]

Manhunt 2 Could Get Legal Release In UK As Download

Michael McWhertor — Thu, 25 Oct 2007 17:20:07 MDT

The outright banning of Manhunt 2 in the UK by the British Board of Film Classification might not spell the end of Rockstar Games' chances to have the game released in the region. According to a report from The Register Hardware, a legal loophole in the UK's 1984 Video Recordings Act wouldn't rule out sales of a downloadable version of the game, should the developer or publisher pursue such a product. That means, in theory, a Wii Ware or PlayStation Store version of the game could make it playable on two of the intended platforms, with a PlayStation 2 release less technically feasible.

Furthermore, if Rockstar sought a PC port of Manhunt 2 as it did with the original, it could be sold via digital delivery systems.

Regardless of the loophole, publicized by Phill Carnell of legal firm CMS Cameron McKenna, it would appear that Rockstar is as willing to seek a downloadable route for the violent adventure game as the BBFC is to overlook its "unremitting bleakness and callousness of tone."

Legal loophole allows Manhunt 2 to be sold in UK [The Register via Next-Gen]