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Legal

nintendo busted

Nintendo Lose Patent Lawsuit, Owe $21 Million

In 2006, a small Texan company by the name of Anascape Ltd. took Nintendo and Microsoft to court, claiming the pair had infringed on patents Anascape held relating to game controllers (presumably this one, filed in 2000, for a "3D controller with vibration"). While Microsoft decided to settle things out of court, Nintendo stuck to their guns, a move which has now cost them $21 million after a Federal jury ruled in Anascape's favour. The ruling applies to Nintendo's GameCube, Wavebird and Classic controllers (but not the Wii Remote or Nunchuk). Nintendo have said only that they plan to appeal, and that they expect the court to "significantly" reduce the amount of money they have to cough up.

[Associated Press]


grand theft auto iv

Take-Two Sues CTA Over Yanked GTA IV Ads

Take-Two isn't impressed with the Chicago Transit Authority's ability to crumble in the face of near-controversy, as it has filed suit against the CTA and ad provider Titan Outdoor for pulling Grand Theft Auto IV bus ads prior to the game's release. Those ads—bus billboards and station posters—were quickly yanked after a local Fox News affiliate wondered across the airwaves why the CTA was displaying paid for advertising for the Rockstar title.

We can only assume, based on the Reuters report, that Take-Two is also curious about the particulars involved in the removal of the $300,000 advertising program. The publisher filed the suit in a Manhattan court, claiming the CTA's actions violated "its free speech and contractual rights," officially.

The Fox News report that appears to take credit for the removal of the ads can still be seen online, for those looking for masochistic punishment delivered in the brain dead local news fashion.

"Grand Theft Auto" publisher sues over pulled ads [Reuters]


traces of nuts

GTA Will "Knock Me Out And Take My Gold Jesus Cross"

Jonathan Lee Riches is a prisoner at a Williamsburg County federal corrections centre. Jonathan Lee Riches is also nuttier than a bag full of crushed nuts. The 31 year-old partly blames GTA for his stint in the slammer, and has filed a restraining order against Take-Two, Rockstar and, best of all, Grand Theft Auto itself. Why? He says "Defendants put me in prison. I face imminent danger from violent inmates who played Grand Theft Auto who will knock me out and take my gold Jesus cross". Brilliant. I say only "partly", however, because this is the same guy who last year filed suits against Barry Bonds, MLB commissioner Bud Selig and...Hank Aaron's bat, hoping to nab himself "42,000,000 million dollars in Swiss Francs". He also sued disgraced footballer Michael Vick for "63,000,000,000 billion dollars". So, so, so nutty.
Inmate Files Restraining Order Against GTA [Next-Gen]
Inmate Files Another Bizarre Lawsuit [Fox News]

brazil

Brazil Gets The Memo, Bans Bully

Judge Flavio Rabello has barred the sale of Bully in Brazil, following requests for its banning from a youth centre in the Brazilian state of Rio Grande do Sul. State prosecutor Alcindo Bastos says the reason for the game's banning stems from the fact "the aggravating factor is that everything in the game takes place inside a school", which is apparently "not acceptable" considering how much fisticuffs feature in the game. Distributors and retailers have 30 days to comply with the order.
Brazil judge bans 'Bully' [globeandmail]

legal

Jack Thompson Is "First Amendment Attorney"

Last seen on Fox News as a "School Shooting Expert", Jack Thompson is now, according to a Fox News broadcast last Thursday, a "First Amendment Attorney." This is not an April Fool's Joke. Neither is Fox News. Yet both strangely seem like one. Everyday of the year.
This Is Not Joke [Game Politics]


rumor

Sega Confirms Sonic Unleashed Leaks

Earlier this week Sega of America contacted us to demand we take down our two Sonic Unleashed posts saying that the company had not authorized the use of the screenshots and trailer for the game.

Our crack legal team was quick to point out to Sega that we believe the existence of the trailer and screens are newsworthy and that we aren't actually violating Sega's rights.

So I guess you can chalk those down as officially confirmed. Thank you mister lawyer man.

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law

JT's Bar Trial Transcribed In Loving Detail

As you probably know, Ol' Jacky Boy underwent a Bar Trial in Florida late last year. While the verdict's still pending, anyone curious as to how the whole thing went down - or is just wondering how many times JT mentioned the word c**tflaps during proceedings - should head straight over to GamePolitics, who have painstakingly transcribed almost the entire case for your reading pleasure.
Jack Thompson's Bar Trial [GamePolitics]

nintendo

Nintendo Spooks Retailers Into Pulling R4 Carts

R4 carts, you either love 'em or hate 'em. People who want to play pirated DS games, they love 'em. Retailers in Akihabara, they love 'em, because they sell a fuckton of them. But Nintendo? They hate 'em. And may have started doing something about it. We knew that they'd begun to grow concerned over the carts late last year, but over the past week many specialist retailers in Akihabara have put up notices saying they'll no longer be selling the R4, following threats made by Nintendo. Same goes for some Japanese online retailers. So is this the end for the naughty little cartridge? Eh, probably not. Nintendo may be able to strong-arm the little guy, but not the littler guys they don't even know about. Or the internets.
マジコンR4 もう入荷しないって [Akiba Blog]

legal

Senior Citizen Claims Blu-ray Patent Infringement

With HD DVD done and dusted, you'd think Sony would have time to chill out, max and relax. Nope! The U.S. government is investigating Sony and other companies that developed Blu-ray (Samsung, Sharp, Hitachi, Nokia, Panasonic, among others) for patent infringement. The investigation kicked off due to a compliant by senior citizen Gertrude Neumark Rothschild who claimed that Blu-ray infringed on one of her patents and will focus on "certain short-wavelength light emitting diodes, laser diodes, and products containing same." Rothschild isn't just some old lady, she's some old lady who's a Professor Emeritus at Columbia University and has done pivotal research into blue and violet LEDs. This could get interesting. Then again, it could get really, really boring. Who knows!
Gov't Investigating [GameSpot via Shack News Thanks, John!] [Pic]

harmonix

Harmonix Respond To Sue Happy Gibson

Gibson's first lawsuit against Activision was stupid enough, but subsequent filings against retailers and now Harmonix and MTV show they're clearly suffering from a particularly acute case of STUPID LAWSUIT FEVER. Harmonix are having none of it, and have issued a statement claiming Gibson's suit is "completely without merit".

It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero. This lawsuit is completely without merit and we intend to defend it vigorously.

Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument.

[Pic]

legal

Gibson Goes Sue Happy On MTV And EA

After slapping retailers selling Guitar Hero with a lawsuit, Gibson today said it has also filed suit against EA and MTV, publisher of Rock Band and parent company of Harmonix, respectively. While the Reuters report doesn't mention Rock Band by name, which happens to use Fender brand guitars and controllers, the suit may implicate clearly implicates the EA/MTV Games title as violating Gibson's patent for "simulating an on screen musical performance." It is, after all, simply a better Guitar Hero. Let's hope Guitar Center has a big Gibson blow out sale this weekend, setting the manufacturer up with some obviously much needed cash.

Update: Gibson has provided a statement indicating that it "had no alternative but to bring the suit", naming Rock Band and developers Harmonix in court documents. More info after the jump.

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legal

Activision Responds to Gibson Suit

Activision, beleaguered of late with Guitar Hero related lawsuits, went on the offensive today responding to claims by Gibson that Guitar Hero infringes on a nine year old patent for technology to simulate a musical performance.

Gibson's lawsuit is a transparent end run around an impartial court that Activision asked on March 11 to rule on patent assertions that Gibson knows have no merit. Our Guitar Hero retailing partners have done nothing wrong. We will confront this and any other efforts by Gibson to wrongfully interfere with Activision's relationship with its customers and its consumers.

As Activision noted in its filing, Gibson waited three years to make its patent allegations, and only did so after it became clear that Activision was not interested in renewing its marketing and support agreement with Gibson. Activision continues to believe that Gibson's claims are disingenuous and lack any justification.

Ouch, there's nothing worse than a jilted guitar manufacturer.


maximum risky

Otaku "Singer" Flashes Akihabara

Every Sunday in Akihabara, it happens. Girls in maid outfits (and other costumes) sing, dance and stand in the Akiba streets and sidewalks. Some of them attract some crowds, some of them attract large crowds. The Tokyo Metropolitan Police Department is starting to crackdown for "safety" reasons in accordance with traffic laws. "I have no real understanding of what standards they're using to drive the maids off the streets. I could understand if they were dressed in schoolgirls' swimsuits or costumes that flash a lot of skin, but maid outfits are nothing like that," says economic analyst and Akiba lover Takuro Morinaga. Thing is, it's not just maids.

Take this past weekend, for example. "Singer" and swimsuit model Asuka Sawamoto (link slightly NSFW) showed up in Akihabara, wearing a very short skirt and a pair of red underpants. Sawamoto proceeded to stand on the sidewalk and flash all of nerdom, which mobbed and took photo after photo. All this so Sawamoto could promote a live concert. Guess she succeeded! She also succeeded in giving the grounds for this police crackdown more weight. Good for her.

Hit the jump for Dead Rising version of this pic that Luke was kind enough to PhotoShop for shits and giggles.

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rumor

Did Konami Inspire Gibson's Patent Suit?

Last week, Guitar Hero III came out in Japan. The game sold something like 3,000 copies fore both the PS3 and the PS2. Ouch. Not surprising as guitar-based music games were popular in Japan nine years ago. Nine years ago? As game site Next Generation points out, that's the same number that guitar manufacturer Gibson pulled out for its legal suit. As Next Gen points out:


1999, hmm? A quick visit to our good friend Wikipedia reveals that Konami's GuitarFreaks game made its debut in Japan in 1999, meaning it was most likely in the production and planning phases since 1998 at the latest.

My guess is that someone in the Gibson corporation's marketing department heard of GuitarFreaks in 1999 and immediately checked to see if Konami had filed a patent in the US. When their search revealed no results, they filed a patent themselves, and waited patiently. For nine years. How utterly slimy.


The mind boggles. Truly.
This Week In Japan [Next Generation]

guitar hero

Harmonix Sue, Then Unsue, Activision

More Guitar Hero lawsuits! Don't make that face, you know you can't get enough of them. This time around, courtesy of Variety's snooping, it's series creator Harmonix on the legal warpath, who have (briefly) sued current franchise holders Activision over unpaid royalties. Seems the contract signed by Harmonix and RedOctane over the original Guitar Hero contained a clause that said Harmonix would earn one of two royalty payment schemes if they ever left the series. One, a lower figure, would be paid if another dev team took over the series and made fundamental changes to the game mechanics. The other, a higher figure, would be owed if another team took over and released a game that "incorporates, uses, or is derived from Harmonix property". Guitar Hero III is definitely the latter, with minimal changes to the previous games, but Harmonix claim they're only being paid the lower royalty scheme, and are owed around $14.5 million worth of Guitar Hero III's profits. More »

crime

Electronics Store Promotes Mature Game to Kids

Bad Dick! Bad! That's a page from Australasian electronics retailer Dick Smith Electronics. The happy, solitaire kid is holding up two games: Gears of War and Halo 3. Perhaps they are games other children want! Perhaps. But both are games that children can buy, and there's not a parent in sight. In Australia, Halo is rated "M (Recommended for mature audiences)", but can be purchased by younger customers. Gears of War legally can't! It's rated M +15, meaning "Not suitable for people under 15. Under 15s must be accompanied by a parent or adult guardian." No wonder this kid's so happy! So if you are 10 years old, Dick Smith will totally hook you up.

Thanks, Christopher! Close-up after the jump.

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pwned

Pwned.Com Responds to Pwnage Trademark Filing

Oh the Pwnage drama just won't stop.

Last weekend we reported that Futuremark Games had filed a trademark for Pwnage, later that week Jukka Mäkinen, Executive Producer, Futuremark Games Studio, responded claiming that they only filed the trademark because they wanted to "protect ourselves from squatters."

MTV, quick to poke fun, tracked down one of the folks who work at Pwned.Com to see what they think about the whole legal silliness.

"PWNED.com is a site for gamers pure and simple. We never felt the need to trademark the word we never created. We do this for fun. We are looking into our options because of this."

Yes, that's right, we need someone to trademark Pwned too.

'Pwned.com' Weighs In On 'Pwnage' Trademark Attempt [MTV Multiplayer]


antics

EA Tells Jack Thompson to Get Bent

You might recall that last week Jack Thompson offered to come to Electronic Arts assistance in their attempt to try and buy-out Take-Two. (Funny enough, when I first emailed Jack about this he said he didn't care.)

Today Electronic Arts told Jack thanks, but no thanks:

More »