By all accounts it's a bit of a mess but then, that's what you get when you muck around with this kind of business. There's sloppy framerates and poor controls all over the shop.

On the bright side, it supports the...Wii Remote?

N64 Emulator Hits Jailbroken iPhones, With Bluetooth Wiimote Support

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 man, from Richmond Heights, Mo., "developed a relationship in April 2008," with the girl, from Sanger, Calif., writes the Associated Press. In September he pleaded guilty to having sex with her, and was sentenced today. Somehow, he managed to elude capture by NBC's Chris Hansen (pictured) and the To Catch a Predator Team.

Federal prosecutors say Edward Stout, 27, drove almost 30 hours nonstop from Missouri to Sanger, "where he engaged in sexual activity with the girl." Good God, what kind of pharmaceuticals did he have? After 30 hours of driving, I couldn't have sex with a croissant, much less a sentient being, for the next two days.

Stout was sentenced to more than a decade behind bars and then will have to register as a sex offender once he gets out.

Mo. Video Gamer Sentenced in Sanger Teen Sex Case [Associated Press, via HBG]

In 2007, 11,074 consoles - and that's all consoles and handhelds lumped together - were reported stolen to authorities. In 2008, that number roughly doubled, to 21,732. And in 2009, it roughly doubled again, rising to 42,615.

The increase comes despite an overall decline in other property crimes, and probably has everything to do with the economic woes afflicting the US during this time period.

"Criminals are rational", criminologist Larry J. Siegel told USA Today. "They steal things that have high value, are easily transportable and easily sold. The most expensive thing in my house is my refrigerator, but nobody is trying to steal my refrigerator."

Thieves load up on electronic loot [USA Today]

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]

It's a serious charge, one that carries a mandatory two-year jail sentence if he's convicted. In his defence, Watts claims not only that he is innocent, but that US officers beat him, attempted to withhold his Miranda Rights and seized a whole ton of his stuff.

Messy.

Watts has worked with Relic on the story for what would later become Homeworld 2, and has most lately been employed by Crytek to lend a hand with the writing for Crysis 2.

Dr Peter Watts, Canadian science fiction writer, beaten and arrested at US border [Boing Boing]

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]

Instead, the presiding judge advised Nintendo that it should adopt a more accessible development platform, like that you'd find on a PC.

As you'd expect, Nintendo - who have pursued similar action in Japan - are displeased with the judge's decision, and will be appealing, telling MCV:

Nintendo is extremely disappointed with the decision by Paris' Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices

Nintendo welcomes the Prosecutor's decision to Appeal the Judgment. As a victim Nintendo will join his Appeal. Nintendo supports action against the distributors of such devices.

Nintendo maintains that infringement of its intellectual property rights, on its trademarks, software, its technical prevention measures and its video games is causing damage to the whole video game industry, preventing developers from gaining the full benefit of their hard work and creativity, but also to the customers who expect the highest standards and integrity from products bearing the Nintendo name.

Way to stick it to 'em, France. Liberté, égalité...attorneyté?

Nintendo appeals Flash card case [MCV]

The vending machine came in the wake of a crackdown on R4 cartridges which can be used to play pirated video games. As we posted previously, Nintendo announced that it and 54 software game companies were filing a lawsuit with the Tokyo District Court against companies that import R4-type devices, using the Unfair Competition Prevention Law as the legal grounding.

According to Nintendo, such devices hurts the growth of the entire game industry and steps must be taken regarding the legality of R4 carts. It's important to note that this legal injunction is for Japan only.

In addition to the suit, Nintendo launched a website devoted to collecting information about R4 sellers. "It's getting increasingly difficult to track down R4 sellers as day by day they get more ingenious, flourishing online and complicating matters," said Nintendo in a written statement. Because of this, Nintendo is calling on the strength of the masses to eradicate the sale of these devices.

The website Nintendo has set up has an anonymous form that can be filled out. Selectable choices include retail stores, internet shops, online auctions selling R4 devices. Another choice includes "game software uploads" — or those sites or individuals making DS games available online. There's also spaces for dates and time, a box for details and another box for the shop's address or home page. Nintendo has said the information collected via this site has been "extremely useful".

任天堂も悩む「マジコン」、なんと自販機　大阪・日本橋で撤去へ (1/2ページ) - MSN産経ニュース [MSN]

Over on Gamasutra, attorney Mona Ibrahim has provided a handy guide on how to go about making a fan game (whether it be a remake or all-new title), get it finished, and not end up with a nasty letter from Nintendo or George Lucas for your troubles.

The best plan of action is to "rely on unprotected game elements, mechanics and processes" and ask the IP owner for permission before commencing work. If those don't work, you can always take what inspired you from somebody else's game and use it as a foundation to build your own game on.

Budding modders and developers note, however, Ibrahim's advice is followed by a big 'THE INFORMATION IN THIS ARTICLE IS FOR EDUCATIONAL PURPOSES ONLY. The content of this article is not legal advice" disclaimer, so, yeah, tread lightly.

To read the whole thing in-depth, hit up Gamasutra below.

Analysis: Clone Games & Fan Games — Legal Issues [Gamasutra]

Raupp is looking to "curb the manufacture, distribution, importation, distribution, trading and custody, storage [of] the video games that affect the customs [and] traditions of the people, their worship, creeds, religions and symbols".

A senate education commission has already approved the bill, meaning it's on its way now for a vote in Brazil's Committee on Constitution and Justice. If passed, anyone caught violating the law could face 1-3 years in the slammer.

Criar ou distribuir jogos ofensivos pode virar crime no Brasil [UOL, via GamePolitics]

Nintendo are currently investigating a commercial for Nokia's N900 smartphone, which reportedly showed the phone happily playing a bunch of retro emulated games for the NES, SNES Game Boy and Spectrum, among others. The clear insinuation being that any ROMs involved in playing these games would, in 99% of cases, be illegally downloaded.

We'd point you towards the video, but it's since been pulled.

Nintendo Investigating Possible Copyright Infringement By Nokia [Edge]
Nokia demonstrates retro emulator [Pocket Gamer]

That or he's crazy. It could go either way.

Estavillo claims the company "continues to maintain a harmful virtual environment to many of its customers by forcing them to follow [World of Warcraft's] sneaky and deceitful practices".

And what could those "sneaky and deceitful practices" be? Walking is one of them, as he feels it takes too long to get from one point to the other in the game world. Because you can only speed up through extended play or buy purchasing an expansion pack, that qualifies as "deceitful".

He also believes that, because of a litany of health problems he suffers from (including OCD, agoraphobia, depression and Crohn's Disease), he's at risk of sharing the fate of Shawn Woolley, an Everquest player who committed suicide in 2001.

The best part follows: to back up his claims, Estavillo has subpoenaed Winona Ryder (who would presumably be able to "explain the significance of alienation in Catcher in the Rye") and Martin Lee Gore, of Depeche Mode ("he himself has been known to be sad, lonely, and alienated as can be seen in the songs he writes").

Best of luck, Erik.

Winona Ryder, Depeche Mode Factor in WOW Lawsuit [GamePolitics]

The dispute between the two companies stems from a recent move by Microsoft to block the use of "unauthorised", third-party memory cards on their 360 consoles.

Microsoft are no doubt making the move in order to crack down on cheats, who can use expandable Datel cards (ones you can slide a MicroSD card into) to get around the 360's coding.

Datel, however, think it's just bully tactics aimed at a third-party vendor capitalising on Microsoft's exorbitant peripheral pricing. "Microsoft's purpose in disabling Datel's memory cards is to prevent consumers from choosing a Datel product that offers far better value for the price," a Datel statement reads.

"There is no benefit to consumers from Microsoft's decision to target and disable Datel's memory cards. To the contrary, Microsoft's actions will leave approximately 50,000 consumers with useless memory cards and (without the ability to access their data on the cards), forestall innovation, and deprive future consumers of the benefits of competition."

Datel sues Microsoft over Xbox 360 memory unit crackdown [TechFlash]

See, according to a report in Britain's The Times, Will (guess he was spilling anonymously) not only bought the game and stayed up late, he called in the next morning and said he was "sick", when really he was up to his eyeballs in knife-fights and dead Russians.

Harmless day off, you say? Would be, were "Will" not a judge. A judge of 15 years, at a county court in Britain.

Some will be upset at this. Think a judge is too important a man to blow off a day's work for some video games. But you know what? Judge's gotta play games too, man. Judge's gotta play games too.

Meet the secret gamers [The Times, via VG247]

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]

The study, "Playing By the Rules" was undertaken by Pro Juventute, a Swiss children's rights group, and Track Impunity Always (TRIAL), which is concerned with international criminal justice. Their report provides a legal analysis of the conduct enabled by the games.

Rather than play the games themselves, the two groups sent expert observers to watch serious gamers play through and then note the egregious acts they saw. Here's what they had to say about Battlefield: Bad Company.

In the scenes, there seems to be no assessment of proportionality in the attacks realized in civilian areas and we do not know, whether precautionary measures were taken to minimize civilian casualties and damage to civilian objects. However, in a real life situation, one is often confronted with similar circumstances: regular armed forces and irregular armed groups are very unlikely to give any information about the planning of the preparation of military operations to international organisations or human rights bodies. Without such information, it is difficult to establish that a military operation was not proportional, in particular whether the attacker took all the precautionary measures necessary to avoid, and in any event to minimize incidental loss or civilian life, injury to civilians and damage to civilian objects."

In addition to the extensive destruction, some of the scenes portray the members of "Bad Company" taking gold and "treasures" found in the civilian houses they have just destroyed. Upon obtaining them, the players get points. These actions amount to pillage, which is strictly prohibited under IHL and thus have also been labeled as "strong". This illegal action is confirmed in one of the scenes where you can hear a member saying that "Pillaging is an old war tradition." Pillage is considered as a war crime both in international and non- international armed conflicts.

I'm thinking that asking the goons of Bad Company to take precautionary measures for anything would be a little like talking to a cardboard box. It's also amusing to me that a basic, nonviolent scavenging mechanic rates a "strong" violation of international law (which it would be, if it occurred in real life) and is called out as a war crime.

Anyway, the study had a number of recommendations. Among them is a call for clearly defined rules of engagement.

It would be very useful if developers would incorporate more specific rules on how to conduct an operation in their games, in terms of the weapons allowed, the behaviour allowed, the military targets sought, the degree of collateral damage permitted, etc. The message of the scenes should never be that everything is allowed, or that it is up to the player to decide what is right and what is wrong. In real life, this is not the way it works.

If you want to dive into more killjoy gasbaggery about Modern Warfare, World at War and - Jesus, True Crime Streets of L.A. is in here? Who did they find to play that? Anyway, you can grab your copy of the report here [pdf.]

Fighting Fair: International Humanitarian Law As Applied to Games [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]