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Intellectual Property Law

Video Game Law Blog

Current issues in video game law.
By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

Post Frequency: 1.5/day

Last Entry: May 07, 2010 at 21:07:00

Ontario Government announces new source of funding

Posted on December 15, 2009
Ontario Government announces new source of funding* Making good on its March budget-time promise, the McGuinty government announced that the Ontario Media Development Corporation (the "OMDC") has $10 million to dole out grants to creative companies under what is being called the Intellectual Property Development Fund (the "Fund")...

Opening the XBOX FloodGates

Posted on December 08, 2009
Wow, talk about litigious. In an earlier posting we reported about gamer-turned-litigator, Erik Estavillo. He sued Nintendo because he says a Wii update that limits cheating is "interfering with certain players pursuit of happiness". He's also suing Sony and Activision Blizzard...

Unsatisfied gamer sues Activision Blizzard

Posted on December 04, 2009
Erik Estavillo, the same man who has previously sued Sony Computer Entertainment America (SCEA), Microsoft and Nintendo, has allegedly filed another lawsuit in the Civil Division of the Superior Court of California. This latest suit was filed against Activision Blizzard over the game World of Warcraft...

Human Rights Violations are No (Video) Games

Posted on December 04, 2009
A study conducted by two Swiss human rights organizations, Trial and Pro Juventute, has reportedly found that some video games depict actions that would constitute violations to international human rights laws in real life. More precisely, the researchers focused on International Humanitarian Law (IHL), basic norms of International Human Rights Law (IHRL) and International Criminal Law (ICL)...

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Some Xbox 360 users losing their memory

Posted on December 04, 2009
Microsoft locks out aftermarket Xbox 360 memory units; Datel objects, launches antitrust lawsuit Are you one of thousands of Microsoft Xbox 360 users that have recently purchased a third-party memory unit for the Xbox 360 to store data and saved games? If so, you are likely suffering from memory loss...

Don't You Wish You Were an Activision Shareholder Now?

Posted on December 04, 2009
Set to be the most successful video game of all time (according to press releases anyway), Activision paired up with retailers like Game Stop and Best Buy to ensure that shelves were fully stocked for stores open late to receive the throngs of gamers vying to be among the first to claim the latest version of its earlier hit Call of Duty, "Call of Duty: Modern Warfare 2"...

Modern Censorship in Russia

Posted on December 04, 2009
Folks in Russia weren't impressed with a scene in Call of Duty: Modern Warfare 2 where a Russian terror cell shoots up an airport full of civilians. After threats of government bans or recalls, Activision has reportedly decided to remove the offensive scene from the Russian version of the game...

"Hot Coffee" Dispute Changes Industry

Posted on December 04, 2009
It has been reported that the class-action lawsuit opposing Take-Two and its shareholders has now been settled for $20 million. The dispute allegedly began when it was discovered that a sexual minigame hidden in the code of Grand Theft Auto: San Andreas could be unlocked by a downloaded hack...

What can a team of two accomplish?

Posted on December 04, 2009
A lot, apparently, if you the Krabbits on your side. Indie developer Krabbitsoft has done what some thought was impossible, developing and releasing an exciting, graphics-laden Action/RPG based on their own IP. In their words: "Hack n' slash combat focused, KWO now includes Battle Modes for those too twitchy to satisfy with Story Mode...

Left 4 Dead 2 Appeal Unsuccessful

Posted on December 04, 2009
Valve to issue heavily edited version to satisfy Australian censors It appears that Australian fans of Valve's critically acclaimed Left 4 Dead survival horror franchise will have to miss out on much of the blood n' guts that the rest of us have been eagerly anticipating in its latest installment, Left 4 Dead 2...

Messy Fallout

Posted on December 04, 2009
Interplay Entertainment Corporation ("Interplay") has reportedly obtained a ten day extension to answer a preliminary injunction filed by Bethesda Softworks LLC ("Bethesda") in a court battle involving its licensing agreement with Bethesda for the rights to Fallout 3, Fallout 4 and Fallout 5...

Ontario tax credits and assistance for tech companies

Posted on December 04, 2009
Ontario tries to show you the money (but for how long?) In these turbulent economic times, it has never been more important to take advantage of existing government programs and tax credits. Ontario has a number of such programs and tax credits to assist emerging video game companies...

Jack Attack

Posted on December 04, 2009
Jack Thompson, the famous anti-videogame cruisader who has been sued by video game publishers and was disbarred last year by the Supreme Court of Florida, has now sued Facebook for $40 million, claiming that Facebook harmed him by failing to remove a poll asking whether he should be killed...

Australia Debates New Game Rating

Posted on December 04, 2009
The banning of Valve's soon-to-be-released Left 4 Dead 2 has spurred debate in the land down under as to whether Australia should adopt a "R18+" rating for video games. Although "R18+" is used for films, the highest classification available for video games is the "MA15+", meaning for audiences 15 or older...

California Ban May Reach US Supreme Court

Posted on December 04, 2009
California legislation prohibiting the sale of violent video games to minors may still have its day in the US Supreme Court. California legislators are hoping the big court will hear oral arguments in their appeal of the decision to strike down the legislation, upheld by the 9th Circuit Court of Appeal this year...

EA wins Madden lawsuit

Posted on December 04, 2009
Former NFL player Jim Brown sued EA over its use of a character in Madden NFL. The character looks like Brown, but was not identified as Brown, and wore a different number. A federal court judge in Los Angeles has now ruled in favour of EA, concluding that the First Amendment protected EA's expression in this case...

Venezuela Gets Tough on Virtual Violence; Real Violence Next

Posted on September 01, 2009
Venezuelan lawmakers have taken the first steps towards banning video games deemed excessively violent, in an attempt to reduce actual violence in the country. Reuters reports that a bill banning sales of violent video games passed a first vote in the National Assembly recently, but must still pass a second vote and be signed into law by President Chavez before it takes effect...

An October Release for Brutal Legend

Posted on August 14, 2009
The game Brutal Legend featuring Jack Black as a heavy metal roadie fighting evil in a mythical world will be released in October 2009 now that a settlement has been reached in the litigation between Activision Entertainment Inc. and Double Fine Productions...

It May be a Brutal Rocktober: Counterclaim Filed in Activision Lawsuit

Posted on July 30, 2009
Submitted by Sylvie Lang In a counterclaim filed last week, game maker Double Fine Productions allegedly accused Activision Entertainment Inc. of trying to kill the scheduled October 2009 release of the game "Brutal Legend". Brutal Legend features Jack Black as a heavy metal roadie fighting evil in an ancient mythical world...

CTA Bans Video Game Ads; ESA Sues

Posted on July 29, 2009
The Entertainment Software Association announced that they are suing the Chicago Transit Authority over the CTA's decision to ban all ads for "M" and "AO" rated video games on trains and buses. The policy, which came into effect January 1, 2009, follows the CTA's decision to pull ads for GTA IV last April for "inspiring violence" - a decision that was ultimately reversed when Take-Two sued and later settled with the CTA...

New York Ban on Texting, Gaming, Surfing While Driving

Posted on July 22, 2009
The New York State Senate has passed a bill which bans texting, playing video games or surfing the Internet while driving, adding to the state's already in-force legislation that makes it illegal to talk on a cell phone while driving. The measure imposes fines of up to $150 for using hand-held devices or laptops to send text messages or view and read data and images...

Online game company sues bot software company and wins

Posted on July 16, 2009
Submitted by Dr. Andreas Lober In an unprecedented case in German jurisprudence, the operator of an online game sued the provider of a bot software, and won. The court granted a cease and desist order, so the bot must no longer be distributed. 1. Facts of the case: The plaintiff developed and operates one of the worlds most popular massively multiplayer online brower based strategy games...

Game On: Midway Asset Sale Approved

Posted on July 09, 2009
Submitted by Sylvie Lang On July 1, 2009, the bankruptcy judge in the Midway Games' Chapter 11 bankruptcy filings reportedly approved the $33 million dollar sale of most of the company's assets to Warner Bros. Allegedly, Warner Bros. was the only bidder for Midway's assets...

Apple may be "Out of Luck"

Posted on July 06, 2009
It has been reported that Cupertino-based Apple is being sued for an iPhone video game entitled "ParkingLot". It has been alleged that this game, which requires players to move around cars in a parking lot in order to release a blocked-in car, resembles a 1977 brain-teaser entitled "Lots of Luck" ("Lots")...

GTA IV Offers Meth Recipe?

Posted on July 06, 2009
Rockstar and its Grand Theft Auto franchise are no strangers to controversy (hot coffee, anyone?), but according to a recent report in the Times, the British Board of Film Classification investigated reports that a recipe for crystal meth was part of the game play in GTA IV...

Gold Farming banned in China

Posted on July 02, 2009
New Chinese legislation has banned the exchange of virtual currency for real goods and services and consequently, it bans the practice of gold farming. The legislation also outlaws the purchase of virtual currency by minors and the use of the virtual currency for gambling...

Final Fantasy XI -not quite the fantasy for Square Enix Inc.

Posted on July 02, 2009
A class action lawsuit claiming $5 million in damages has been filed by a San Francisco, California resident against Square Enix Inc. ("Square Enix"). The suit was filed on June 18, 2009 in a California District Court and alleges, inter alia, that Square Enix engaged in false advertising and unfair business practices in relation to the online game Final Fantasy XI (the "Allegations")...

Kombat over Midway's Assets Begins...and it Could be Mortal

Posted on June 29, 2009
Submitted by Sylvie Lang Threshold Entertainment, a Hollywood production company, reportedly filed a complaint and an objection to the proposed auction of Midway Games' assets in a U.S. bankruptcy court on June 24, 2009. It has been suggested that Threshold's claim is an attempt to protect its rights following Warner Bros...

Konami Sued for Discrimination

Posted on June 29, 2009
Konami, who produces Metal Gear, has been sued in Japan by one of its employees. The employee claims she has been discriminated against, alleging that she was demoted and suffered a pay cut after returning from her maternity leave. The employee seeks the equivalent of $344,000 in damages...

Nintendo Co. can Shout Wii over Legal Victory

Posted on June 25, 2009
It has been reported that Nintendo Co. has won the dismissal of a lawsuit instituted by Guardian Media Technologies Ltd ("Guardian"). It was reported that the Texas based plaintiff had alleged that Nintendo Co., in its Wii video-game system, had infringed its patent for a technology used to impose parental controls...

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