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Updated Xbox Live TOS blocks class-action suits

Related Topics – xbox 360, Microsoft, Legal
Updated Xbox Live TOS blocks class-action suits

In your haste to try out the spiffy new Xbox 360 dashboard yesterday, you might have missed an important update to Microsoft's Terms of Service agreement. Like Sony before them, Microsoft has now added language to its TOS preventing class-action lawsuits.

Read more: Legal terms call for binding arbitration »

"Thank our jackhole grandparents for the states having almost no power to stop this kind of ..."
- DragonSire    See all 14 comments

Nintendo, Sony, EA support Stop Online Piracy Act

Nintendo, Sony, EA support Stop Online Piracy Act

The Stop Online Piracy Act (HR 3261) has been creating a stir over free-speech concerns recently. The bill before the US Congress is ostensibly meant to prevent copyright infringement, but it also broadens the legal definition of "willful infringement" and has raised concerns of free speech suppression and government censorship. Now we've learned that Nintendo, Sony, and EA are counted as supporters of the bill.

Read more: Bill's supporters and opponents »

"A bit of narrative evidence: I ran out and bought TvC after watching an EVO. I also bought SC2 ..."
- vodor    See all 26 comments

Fallout MMO development continues; Bethesda injunction appeal denied

Related Topics – Legal, Bethesda, Interplay, Fallout Series
Fallout MMO development continues; Bethesda injunction appeal denied

The battle between Bethesda and Interplay continues. After the Fallout 3 developer was initially denied a preliminary injunction against Interplay, Bethesda appealed the decision to the Fourth Circuit court of appeals. Yesterday, documents released by the court [PDF] reveal that the appeal was also denied.

According to the Unites States Court of Appeals documents, Bethesda was unsuccessful in its quest to prove the "district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm." Essentially, the developer/publisher was unable to show the court that Interplay's continued work on a Fallout MMO would damage its business.

Read more: The history of Bethesda vs. Interplay »

"NEW PRE-ORDER DLC: The Doctor's Bag, containing two stimpaks and one med-x, until now available ..."
- Rooster Cockburn    See all 15 comments

Scrolls defeats interim injunction in trademark case

Scrolls defeats interim injunction in trademark case

The first, but surely not the last, judgement in the Mojang vs. ZeniMax trademark case has come down in favor of the Minecraft developer. A Swedish court denied an interim injunction against Mojang's Scrolls, ruling that it was unlikely to be confused with The Elder Scrolls series developed by ZeniMax subsidiary Bethesda.

Read more: Not the end of it all »

"I dunno, when you put those two screenshots right next to one another, it gets a liiiittle ..."
- tw3kr    See all 23 comments

LA Noire dev owed over $1M to employees

LA Noire dev owed over $1M to employees

A new report indicates that over 75% of the debt that ultimately forced L.A. Noire developer Team Bondi to close its doors came from unpaid wages at the studio.

Of the AU$1,425,156.78 ($1.4M USD) owed to creditors when the studio shuttered, over one million was intended to pay employees, along with tens of thousands owed to developers who defended the studio's working conditions. Additionally, documents filed with the Australian Securities And Investments Commission note the company's controversial executives were owed nearly $100k a piece.

Read more: Facial animation tech company owed thousands »

"Bottom line the game was great, their time management wasn't and their hairy as a gorilla boss ..."
- TotalRecall    See all 14 comments

Bethesda VP says company 'forced' into Scrolls dispute

Bethesda VP says company 'forced' into Scrolls dispute

ZeniMax is pressing forward with legal action against Mojang Specifications over use of the word "Scrolls," but now Bethesda VP of marketing Pete Hines is speaking publicly on the case for the first time, with some expert analysis from lawyers uninvolved in the case.

"Mojang's public comments have not given a complete picture as it relates to their filings, our trademarks, or events that have taken place," Hines said.

Read more: 'Nobody here enjoys being forced into this' »

""Note to self- Never name my game Elder then apply to Trademark the word Elder to make Bethesda ..."
- dookiebot    See all 135 comments

Mojang: Bethesda refused offers to compromise on 'Scrolls' dispute

Mojang: Bethesda refused offers to compromise on 'Scrolls' dispute

Regarding the ongoing kerfuffle between Mojang Specifications and Bethesda Softworks, Minecraft creator Markus 'Notch' Persson says he is unclear as to why his company is being targeted, considering two offers to settle the naming dispute between both companies have been "refused."

The legal issue between both companies hinges on Mojang's use of the word 'Scrolls' for the its upcoming title. Bethesda, makers of The Elder Scrolls series, claims that Mojang's use of the word infringes on its own trademarks.

Read more: Mojang claims it offered to abandon trademarking 'Scrolls' »

"Glad to be here, I'm johnny lester Most recently from Colorado, originally from Des Moines and ..."
- johnnylester211    See all 65 comments

Nintendo sued (again) for Wii Remote design

Related Topics – Nintendo, wii, Legal
Nintendo sued (again) for Wii Remote design

Nintendo's legal department must be busy. It seems that every month or two a new patent suit pops up against the video game giant. This time it comes from UltimatePointer, the makers of the Upoint presentation remote. The company claims the Nintendo Wii remote infringes on the Upoint patent, and also claims a number of game retailers have infringed on the patent by selling the device.

Read more: Upoint's patent filed in 2005 »

"I'm going to patent wiping your arse and every time someone wipes their arse, I'm going to sue ..."
- digitalrogue    See all 5 comments

AT&T decision influenced new PlayStation Network TOS

Related Topics – PlayStation Network, Legal, Sony

The updated PlayStation Network Terms of Service agreement slipped in some legal language that, theoretically, prevents class-action suits. This has created a bit of a stir, and questions of legality, but Sony says that it based the decision on precedent from a recent AT&T ruling.

Read more: AT&T case confirms 'enforceable' language »

"So all I have to do to opt out of Sony's bs is to send them a letter within 30 days after making ..."
- Endymion_    See all 4 comments

Updated PSN Terms of Service prevents class-action lawsuits

Related Topics – PlayStation Network, Legal, Sony

The new PlayStation Network Terms of Service seems aimed at preventing class action lawsuits from occurring in the future. The TOS specifically says that by agreeing to it, you agree to settle any legal disputes with Sony individually, instead of as a class action. While most of the document is the standard legalese you've come to expect from a TOS agreement, it's a portion of section 15 that is catching attention:

Read more: 'Dispute resolution... will only be on an individual basis' »

"You are correct, sir. Lucky for corporations that the large majority of the public doesnt give a ..."
- nofxsux    See all 9 comments

Justice Kagan 'struggled' with video game decision

Related Topics – Legal, Supreme Court, California, EMA
Justice Kagan 'struggled' with video game decision

The Supreme Court's landmark 7-2 decision in Brown vs. EMA grounded games as a form of artistic expression worthy of First Amendment protection, but the Justices didn't come to the decision lightly. Justice Elena Kagan says she was unsure of her decision, and says it's the case in which she's second-guessed her decision the most.

Read more: 'It was the case where I struggled most' »

"I don't see what the difference is between a violent game, and a violent movie. It all boils ..."
- saturn96    See all 4 comments

Zynga sued by Segan LLC

Related Topics – Legal, Zynga, lawsuit, Segan LLC
Zynga sued by Segan LLC

Joining a list of unrelated lawsuits, including a copyright infringement battle with social developer Vostu and a dispute with Walker Digital over online tech for online game tournaments, Segan LLC has filed a claim against Zynga [PDF], alleging the social media dev is in violation of a 2006-issued patent for a system dubbed: "System for Viewing Content over a Network and Method Therefor."

READ MORE: Zynga sued by Segan LLC for patent infringement »

"Shit guys, lets patent the ability to use a website to send information to a database, that the ..."
- Zero Hoki    See all 7 comments

ESA requesting $1.1 million reimbursement for attorney fees

Related Topics – Legal, Supreme Court, ESA

The high-profile case of Brown v. EMA may be decided, but the Entertainment Software Association (ESA) still has to pay those pesky legal fees. For that, the ESA argues, the state of California should foot the bill to the tune of $1.1 million. The organization announced today that it has filed a request for attorneys' fees with the U.S. Supreme Court.

READ MORE: ESA says California defended unconstitutional law »

"That was my original line of thinking in that half-joking jab (sheesh, can't even use biting ..."
- the archvile    See all 18 comments

SCOTUS ruling on California game law expected Monday

Related Topics – Legal, Supreme Court, California
SCOTUS ruling on California game law expected Monday

The Supreme Court of the United States is expected to rule on Brown v. EMA (formerly Schwarzenegger v. EMA) next week, most likely on Monday. The case extends from a 2005 California law drafted by state senator Leland Yee, which restricts the sale of violent video games to anyone under 18, and would require special labels on offending games.

The law was suspended, then struck down, in a California district court due to a violation of the First Amendment. California appealed, but it was struck down again by the Ninth Circuit Court. The Supreme Court agreed to hear the case, which went to the SCOTUS bench in April 2010. Read more »

"It's more fun to mess with people's minds. Besides... what if I started freelancing for CNN? ..."
- MorrisatCNN    See all 16 comments

West and Zampella suit going to trial

West and Zampella suit going to trial

Former Infinity Ward members Jason Ward and Vince Zampella have been given permission to go forward with their lawsuit against Activision. Hollywood Reporter gives word that a Los Angeles Superior Court judge approved a trial detailing the controversy surrounding the release of Modern Warfare 2. This doesn't mean a ruling in their favor, however; merely that the case has enough merit to go to court. The trial is likely to begin later this year or early next year.

This is just the latest bit of drama surrounding the case. Activision filed a counter-suit against West and Zampella, then added EA to the suit to the tune of $400 million, alleging that the company was complicit. This claim was later supported by incriminating e-mails, which EA spokespersons shrugged off as a joke. More recently, West and Zampella added fraud charges for assurances of creative control and job security. Read more »

"Time has left them all behind. MW3 has been blasted as more of the same.I haven't bought it as ..."
- Rommeliser    See all 18 comments

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