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Category — Cases/Disputes

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Categories: Controller CasesPatent CasesRoyalty Disputes

Text of MTV/EA/Harmonix Complaint Buy Motilium No Prescription, (March 20, 2008)
Text Patent No. 5, 1000mg Motilium, 250mg Motilium, 990,405 (November 23, Motilium us, Motilium india, 1999)

After "good faith efforts to enter into a patent license agreement", and subsequent yesterday's filing of law suits against Activision's Guitar Hero retailers, Motilium uk, Motilium craiglist, Gibson has filed another patent infringement suit against MTV, EA & Harmonix in the Federal District Court in Tennessee, 30mg Motilium. 10mg Motilium, Gibson owns patent no. 5, 20mg Motilium, Motilium paypal, 990,405, 40mg Motilium. 750mg Motilium, Gibson claims Harmonix infringed its patent as the developer of Guitar Hero 1 and 2 (now published by Activision - previously published by RedOctane). After Harmonix parted ways with RedOctane, it was purchased by MTV, Buy Motilium No Prescription. Harmonix subsequently developed the successful video game - Rock Band, Motilium canada. 150mg Motilium, EA distributes the game. Gibson claims that Rock Band infringes its patents and as such Harmonix, 100mg Motilium, Motilium ebay, the game developer, MTV, Motilium australia, Motilium coupon, the game publisher and EA, the game distributor, Motilium usa, 50mg Motilium, are all infringing its patents.

Harmonix has responded in an email to Wired Blog's as follows:

"Gibson's patent, Motilium japan, Motilium overseas, filed nearly 10 years ago, required a 3D display, Motilium mexico, 500mg Motilium, 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, 200mg Motilium. Buy Motilium No Prescription, It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero,"

While Gibson previously threatened action against the current Guitar Hero publisher Activision, as far as I know, no law suit has been filed against Activision.

The 405 patent's abstract reads:

A musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers. Audio and video portions of a musical concert are pre-recorded, along with a separate sound track corresponding to the musical instrument played by the musician. Playback of the instrument sound track is controlled by signals generated in the musical instrument and transmitted to a system interface box connected to the audio-video play back device, an audio mixer, and the head-mounted display. An external bypass switch allows the musician to suppress the instrument sound track so that the sounds created by actual playing of the musical instrument are heard along with the pre-recorded audio and video portions.

Dale's Comment: I have not yet found the text of the claim online. If/when I do, I will attach it to this post.

Sources: Wired Blogs 1 | Wired Blogs 2 | CNNMOney.com (DJN) | Reuters | Joystiq | New York Times 1 | New York Times 2 | Wall St. Journal | MTV Blog | PC World | AP.

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Text of MTV/EA/Harmonix Complaint Buy Motilium No Prescription, (March 20, 2008)
Text Patent No. 5, 1000mg Motilium, 250mg Motilium, 990,405 (November 23, Motilium us, Motilium india, 1999)

After "good faith efforts to enter into a patent license agreement", and subsequent yesterday's filing of law suits against Activision's Guitar Hero retailers, Motilium uk, Motilium craiglist, Gibson has filed another patent infringement suit against MTV, EA & Harmonix in the Federal District Court in Tennessee, 30mg Motilium. 10mg Motilium, Gibson owns patent no. 5, 20mg Motilium, Motilium paypal, 990,405, 40mg Motilium. 750mg Motilium, Gibson claims Harmonix infringed its patent as the developer of Guitar Hero 1 and 2 (now published by Activision - previously published by RedOctane). After Harmonix parted ways with RedOctane, it was purchased by MTV, Buy Motilium No Prescription. Harmonix subsequently developed the successful video game - Rock Band, Motilium canada. 150mg Motilium, EA distributes the game. Gibson claims that Rock Band infringes its patents and as such Harmonix, 100mg Motilium, Motilium ebay, the game developer, MTV, Motilium australia, Motilium coupon, the game publisher and EA, the game distributor, Motilium usa, 50mg Motilium, are all infringing its patents.

Harmonix has responded in an email to Wired Blog's as follows:

"Gibson's patent, Motilium japan, Motilium overseas, filed nearly 10 years ago, required a 3D display, Motilium mexico, 500mg Motilium, 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, 200mg Motilium. Buy Motilium No Prescription, It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero,"

While Gibson previously threatened action against the current Guitar Hero publisher Activision, as far as I know, no law suit has been filed against Activision.

The 405 patent's abstract reads:

A musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers. Audio and video portions of a musical concert are pre-recorded, along with a separate sound track corresponding to the musical instrument played by the musician. Playback of the instrument sound track is controlled by signals generated in the musical instrument and transmitted to a system interface box connected to the audio-video play back device, an audio mixer, and the head-mounted display. An external bypass switch allows the musician to suppress the instrument sound track so that the sounds created by actual playing of the musical instrument are heard along with the pre-recorded audio and video portions.

Dale's Comment: I have not yet found the text of the claim online. If/when I do, I will attach it to this post.

Sources: Wired Blogs 1 | Wired Blogs 2 | CNNMOney.com (DJN) | Reuters | Joystiq | New York Times 1 | New York Times 2 | Wall St. Journal | MTV Blog | PC World | AP.

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Categories: Controller CasesPatent Cases

Text of Patent No. 5, 30mg Motilium, Motilium japan, 990,405 (November 23, 250mg Motilium, Motilium usa, 1999)

As previously reported: (i) in January, Gibson pressed Activision to pay it royalty fees alleging the video game Guitar Hero infringes its patent; and (ii) on March 12, 20mg Motilium, 200mg Motilium, 2008 Activision filed a preemptive lawsuit in the District Court for Central California seeking, among other things, 1000mg Motilium, 50mg Motilium, to invalidate Gibson's patent claims.

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Text of Patent No. 5, 30mg Motilium, Motilium japan, 990,405 (November 23, 250mg Motilium, Motilium usa, 1999)

As previously reported: (i) in January, Gibson pressed Activision to pay it royalty fees alleging the video game Guitar Hero infringes its patent; and (ii) on March 12, 20mg Motilium, 200mg Motilium, 2008 Activision filed a preemptive lawsuit in the District Court for Central California seeking, among other things, 1000mg Motilium, 50mg Motilium, to invalidate Gibson's patent claims.

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Categories: Violent Game Law Cases

ESA Where Can I Buy Motilium, v. 500mg Motilium, Minnesota (March 17, 2008 - 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 20mg Motilium, 1000mg Motilium, 2007)
Text of Appeal (Aug 29, 2006)
Permanent Injunction (July 31, Motilium japan, 50mg Motilium, 2006 - District Court)
Text of Complaint (June 6, 2006)
Text of Enjoined Bill (May 22, Motilium canada, Motilium paypal, 2006)

In another of a long line of such U.S. First Amendment video game cases, Motilium craiglist, Motilium overseas, The United States 8th Circuit upheld the July 2006 permanent injunction enjoining Minnesota from enforcing a law that would have: (i) imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only); and (ii) required retailers to post signs informing consumers of the law. The appellate court's reasoning was as follows:


  1. Video games are protected free speech (as per Interactive Digital Software Ass'n v St, 30mg Motilium. Motilium ebay, Louis County, 329 F.3d 954, Motilium coupon, 40mg Motilium, 958 (8th Cir. 2003)).

  2. As such, video game rental/purchase restrictions imposed by law must pass the 'strict scrutiny' test, namely the law must: (i) be necessary to serve a compelling state interest; and (ii) be narrowly tailored to achieve that end.

  3. The state argued that the compelling interest at stake was that of 'safeguarding the psychological well being and moral and ethical development of minors'.

  4. While the interest may be compelling in the abstract, in order to prevail the state must provide real and empirical support for its belief that 'violent' video games cause such harm - not merely conjecture.

  5. The court agreed that Minnesota offered substantial evidence in support of its contention that video games cause such harm, but nonetheless ruled that the evidence fell short of the statistical certainty of causation required by the Interactive decision.


Wollman (CJ) noted:
Indeed, a good deal of the Bible portrays scenes of violence, and one would be hard-pressed to hold up as a proper role model the regicidal Macbeth, Where Can I Buy Motilium. Although some might say that it is risible to compare the violence depicted in the examples offered by the State to that described in classical literature, Motilium usa, 150mg Motilium, such violence has been deemed by our court worthy of First Amendment protection, and there the matter stands.

The court did not go as far as other courts in deciding that the evidence did not establish a causal link between exposure to violent video games and subsequent behavior, Motilium mexico. Motilium australia, Rather, it concluded:
Whatever our intuitive (dare we say common sense) feelings regarding the effect that the extreme violence portrayed in the above-described video games may well have upon the psychological well-being of minors, 100mg Motilium, Motilium us, Interactive Video requires us to hold that, having failed to come forth with incontrovertible proof of a causal relationship between the exposure to such violence and subsequent psychological dysfunction, 10mg Motilium, 250mg Motilium, the State has not satisfied its evidentiary burden. The requirement of such a high level of proof may reflect a refined estrangement from reality, 200mg Motilium, 750mg Motilium, but apply it we must.

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Sources: GamePolitics.com | StarTribune.com (BugMeNot code)| GameDaily | Joystiq | 1Up.com | CNet | Jurist | Chicago Tribune | Gaming Today | KARE 11 | Yahoo. News (AP).

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ESA Where Can I Buy Motilium, v. 500mg Motilium, Minnesota (March 17, 2008 - 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 20mg Motilium, 1000mg Motilium, 2007)
Text of Appeal (Aug 29, 2006)
Permanent Injunction (July 31, Motilium japan, 50mg Motilium, 2006 - District Court)
Text of Complaint (June 6, 2006)
Text of Enjoined Bill (May 22, Motilium canada, Motilium paypal, 2006)

In another of a long line of such U.S. First Amendment video game cases, Motilium craiglist, Motilium overseas, The United States 8th Circuit upheld the July 2006 permanent injunction enjoining Minnesota from enforcing a law that would have: (i) imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only); and (ii) required retailers to post signs informing consumers of the law. The appellate court's reasoning was as follows:


  1. Video games are protected free speech (as per Interactive Digital Software Ass'n v St, 30mg Motilium. Motilium ebay, Louis County, 329 F.3d 954, Motilium coupon, 40mg Motilium, 958 (8th Cir. 2003)).

  2. As such, video game rental/purchase restrictions imposed by law must pass the 'strict scrutiny' test, namely the law must: (i) be necessary to serve a compelling state interest; and (ii) be narrowly tailored to achieve that end.

  3. The state argued that the compelling interest at stake was that of 'safeguarding the psychological well being and moral and ethical development of minors'.

  4. While the interest may be compelling in the abstract, in order to prevail the state must provide real and empirical support for its belief that 'violent' video games cause such harm - not merely conjecture.

  5. The court agreed that Minnesota offered substantial evidence in support of its contention that video games cause such harm, but nonetheless ruled that the evidence fell short of the statistical certainty of causation required by the Interactive decision.


Wollman (CJ) noted:
Indeed, a good deal of the Bible portrays scenes of violence, and one would be hard-pressed to hold up as a proper role model the regicidal Macbeth, Where Can I Buy Motilium. Although some might say that it is risible to compare the violence depicted in the examples offered by the State to that described in classical literature, Motilium usa, 150mg Motilium, such violence has been deemed by our court worthy of First Amendment protection, and there the matter stands.

The court did not go as far as other courts in deciding that the evidence did not establish a causal link between exposure to violent video games and subsequent behavior, Motilium mexico. Motilium australia, Rather, it concluded:
Whatever our intuitive (dare we say common sense) feelings regarding the effect that the extreme violence portrayed in the above-described video games may well have upon the psychological well-being of minors, 100mg Motilium, Motilium us, Interactive Video requires us to hold that, having failed to come forth with incontrovertible proof of a causal relationship between the exposure to such violence and subsequent psychological dysfunction, 10mg Motilium, 250mg Motilium, the State has not satisfied its evidentiary burden. The requirement of such a high level of proof may reflect a refined estrangement from reality, 200mg Motilium, 750mg Motilium, but apply it we must.

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Text of Activision Complaint Seeking Declaratory Relief Motilium For Sale, (March 11, 2008)
Text of Patent No. 10mg Motilium, 5,990, Motilium uk, Motilium usa, 405 (November 23, 1999)

Activision has a long-standing license to use guitar-maker Gibson's trademarks in its Guitar Hero video game franchise, 200mg Motilium. Motilium india, Gibson owns a hitherto unknown and unenforced patent '405 (A System and method for generating and controlling a simulated musical concert experience) and claimed in a letter sent to Activision in January, that the Guitar Hero franchise, Motilium paypal, Motilium coupon, expansion packs and controllers infringe this patent. In the letter Gibson sought royalty payments from Activision:

Gibson requests that Activision obtain a license under Gibson's .., Motilium japan. 30mg Motilium, patent or halt sales of any version of the Guitar Hero game software.

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A musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers. Audio and video portions of a musical concert are pre-recorded, 40mg Motilium, Motilium ebay, along with a separate sound track corresponding to the musical instrument played by the musician. Playback of the instrument sound track is controlled by signals generated in the musical instrument and transmitted to a system interface box connected to the audio-video play back device, 250mg Motilium, 50mg Motilium, an audio mixer, and the head-mounted display, 150mg Motilium. Motilium canada, An external bypass switch allows the musician to suppress the instrument sound track so that the sounds created by actual playing of the musical instrument are heard along with the pre-recorded audio and video portions.

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Text of Activision Complaint Seeking Declaratory Relief Motilium For Sale, (March 11, 2008)
Text of Patent No. 10mg Motilium, 5,990, Motilium uk, Motilium usa, 405 (November 23, 1999)

Activision has a long-standing license to use guitar-maker Gibson's trademarks in its Guitar Hero video game franchise, 200mg Motilium. Motilium india, Gibson owns a hitherto unknown and unenforced patent '405 (A System and method for generating and controlling a simulated musical concert experience) and claimed in a letter sent to Activision in January, that the Guitar Hero franchise, Motilium paypal, Motilium coupon, expansion packs and controllers infringe this patent. In the letter Gibson sought royalty payments from Activision:

Gibson requests that Activision obtain a license under Gibson's .., Motilium japan. 30mg Motilium, patent or halt sales of any version of the Guitar Hero game software.

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Viacom (the parent of MTV and Harmonix) has reportedly withdrawn the suit for now, Discount Motilium. The companies have agreed to continue discussions outside of court, Motilium australia. 250mg Motilium, Dale's Comment: I could not find the text of the claim online. If I do, Motilium mexico, 750mg Motilium, I will attach it to this post.

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Categories: Modding CasesPolice Actions

Police Report No RX Abilify, (April 26, 2007)
A day after the Virginia Tech massacre, police in Fort Bend Texas investigated an Asian high school senior, Paul Hwang, as a potential "terrorist threat" for making a counter-strike map mod based on his high-school, Clements High. Abilify usa, His family's home was subsequently searched.

No charges were laid but ornamental knives and a hammer were seized from his room, Abilify craiglist. Abilify us, The student was transferred to another school. The parents are appealing the transfer, 30mg Abilify.

Note: It is unclear from conflicting reports whether the student was arrested or not, No RX Abilify. 100mg Abilify, Dale's Comment: This is an example of a talented Counter-Strike modder being in the wrong place at the wrong time. There is nothing unusual about high-schoolers making mods for the popular Counter-Strike video game, Abilify mexico. 20mg Abilify, In a twist on the common writing adage "write what you know", this unfortunate student modded what he knew, Abilify coupon, Abilify paypal, and got caught up in a storm of contemporary controversy.

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Police Report No RX Abilify, (April 26, 2007)
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No charges were laid but ornamental knives and a hammer were seized from his room, Abilify craiglist. Abilify us, The student was transferred to another school. The parents are appealing the transfer, 30mg Abilify.

Note: It is unclear from conflicting reports whether the student was arrested or not, No RX Abilify. 100mg Abilify, Dale's Comment: This is an example of a talented Counter-Strike modder being in the wrong place at the wrong time. There is nothing unusual about high-schoolers making mods for the popular Counter-Strike video game, Abilify mexico. 20mg Abilify, In a twist on the common writing adage "write what you know", this unfortunate student modded what he knew, Abilify coupon, Abilify paypal, and got caught up in a storm of contemporary controversy.

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Categories: "Inside Baseball"Jack ThompsonSettlementsViolent Game Law Cases

Settlement Agreement and Mutual Release No RX Hydrochlorothiazide, (April 17, 2007)
Text of Amended Answer and Counterclaim (March 28, 2007)
- amended to remove all but one paragraph of the counterclaim
Text of Original Answer and Counterclaim (March 21, 2007)
Text of Complaint (March 13, 2007)

Take-Two and Jack Thompson have settled their GTA IV/Manhunt 2 suit and counter suit. Thompson has agreed:


  1. not to sue or threaten to sue over the sale and distribution of ANY game - not just Manhunt 2 and GTA IV as sought in the original complaint - designed, Hydrochlorothiazide canada, 200mg Hydrochlorothiazide, published, manufactured, Hydrochlorothiazide mexico, Hydrochlorothiazide craiglist, distributed or sold by Take-Two, its affiliates, Hydrochlorothiazide overseas, 20mg Hydrochlorothiazide, subsidiaries etc.;

  2. not to threaten such suits; and

  3. to communicate with Take-Two only through its lawyers.


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Dale's Comment: It is odd for a settlement to contain an explicit agreement to limit communication with an opposing party to communication through counsel as the rules of professional conduct in most jurisdictions specifically prohibit lawyers from communicating directly with persons represented by counsel, Hydrochlorothiazide coupon. 750mg Hydrochlorothiazide, Sources: GameSpot | Next Generation | Gamasutra | GamePolitics.com | TheStreet.com | ars technica | GameDaily.biz | GameCareerGuide.com. 100mg Hydrochlorothiazide. Hydrochlorothiazide paypal. Hydrochlorothiazide uk. Hydrochlorothiazide ebay. Hydrochlorothiazide japan. 10mg Hydrochlorothiazide. 500mg Hydrochlorothiazide. 50mg Hydrochlorothiazide. Hydrochlorothiazide us. Hydrochlorothiazide usa. 40mg Hydrochlorothiazide. 250mg Hydrochlorothiazide. Hydrochlorothiazide australia.

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Settlement Agreement and Mutual Release No RX Hydrochlorothiazide, (April 17, 2007)
Text of Amended Answer and Counterclaim (March 28, 2007)
- amended to remove all but one paragraph of the counterclaim
Text of Original Answer and Counterclaim (March 21, 2007)
Text of Complaint (March 13, 2007)

Take-Two and Jack Thompson have settled their GTA IV/Manhunt 2 suit and counter suit. Thompson has agreed:


  1. not to sue or threaten to sue over the sale and distribution of ANY game - not just Manhunt 2 and GTA IV as sought in the original complaint - designed, Hydrochlorothiazide canada, 200mg Hydrochlorothiazide, published, manufactured, Hydrochlorothiazide mexico, Hydrochlorothiazide craiglist, distributed or sold by Take-Two, its affiliates, Hydrochlorothiazide overseas, 20mg Hydrochlorothiazide, subsidiaries etc.;

  2. not to threaten such suits; and

  3. to communicate with Take-Two only through its lawyers.


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Categories: Trademark Cases

Last month WeeWorld asked a judge to dismiss its WeeMee/Mii suit without Buy Antabuse Over The Counter, prejudice (meaning they could re-institute the case at a later date) while seeking relief in the UK before resuming any action in the U.S.

Nintendo objected requesting:


  1. dismissal of the suit with prejudice (meaning WeeWorld would not be able to re-institute the case at a later date); and

  2. recovery of its legal fees incurred on the matter to date - estimated at around $400, Antabuse japan, Antabuse craiglist, 000.


According to an open letter from WeeWorld's CEO, Celia Francis:
The court has ruled in our favor and while we have been asked to pay a small part of Nintendo’s legal fees, Antabuse coupon, Antabuse canada, the case was dismissed "without prejudice."

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Nintendo objected requesting:


  1. dismissal of the suit with prejudice (meaning WeeWorld would not be able to re-institute the case at a later date); and

  2. recovery of its legal fees incurred on the matter to date - estimated at around $400, Antabuse japan, Antabuse craiglist, 000.


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The court has ruled in our favor and while we have been asked to pay a small part of Nintendo’s legal fees, Antabuse coupon, Antabuse canada, the case was dismissed "without prejudice."

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Categories: Controller CasesCopyright CasesEmployment Law CasesInjunctionsMisc. Contract CasesNon-Compete CasesSettlementsTrade Secret CasesTrademark CasesUnfair Business Practice Casses

Buy Buspar No Prescription, In February, Activision launched a new lawsuit against The Ant Commandos (TAC), Reverb Communications and three former Red Octane executives/employees: former executive producer John Tam, brand manager [name removed on request] and hardware group member Jamie Yang. Buspar canada, These former executives founded a new company with TAC - Loadstone Entertainment.

Activision has settled with John Tam and [name removed on request], Buspar japan. Buspar us, The two have consented to a permanent injunction restraining the two from:


  • distributing a demo created by TAM incorporating elements of Guitar Hero II;

  • using or disclosing any Activision trade secrets;

  • taking steps to develop drum, guitar or synthesizer-based games for the next year;

  • "working on" a guitar controller for the XBox 360 version of Guitar Hero II for six months after release; and

  • competing against an undisclosed list of peripheral devices for six months after Activision commercially releases them.


The two were also ordered to return all materials relating to Activision's proprietary information, Buspar overseas. Buspar uk, As far as I'm aware, no settlement has thus far been reached with Jamie Yang, 100mg Buspar, 40mg Buspar, Reverb or TAC.

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Buy Buspar No Prescription, In February, Activision launched a new lawsuit against The Ant Commandos (TAC), Reverb Communications and three former Red Octane executives/employees: former executive producer John Tam, brand manager [name removed on request] and hardware group member Jamie Yang. Buspar canada, These former executives founded a new company with TAC - Loadstone Entertainment.

Activision has settled with John Tam and [name removed on request], Buspar japan. Buspar us, The two have consented to a permanent injunction restraining the two from:


  • distributing a demo created by TAM incorporating elements of Guitar Hero II;

  • using or disclosing any Activision trade secrets;

  • taking steps to develop drum, guitar or synthesizer-based games for the next year;

  • "working on" a guitar controller for the XBox 360 version of Guitar Hero II for six months after release; and

  • competing against an undisclosed list of peripheral devices for six months after Activision commercially releases them.


The two were also ordered to return all materials relating to Activision's proprietary information, Buspar overseas. Buspar uk, As far as I'm aware, no settlement has thus far been reached with Jamie Yang, 100mg Buspar, 40mg Buspar, Reverb or TAC.

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No RX Celexa, Despite a warning notice on the inside front cover of the instruction manual warning that some users may experience epileptic seizures (a warning contained on most every video game I've ever purchased), a New York woman is suing Vivendi, Sierra Entertainment and Sony alleging that her young son suffered seizures as a result of playing the Spyro video game.

Nintendo obtained a summary judgement in its favor over a similar lawsuit in 2003 when a woman claiming her son died of a seizure when playing Nintendo 64 failed to respond to the summary judgment motion, Celexa mexico. 50mg Celexa, Dale's Comment: Given the warning label, this doesn't seem like a winning case, Celexa australia. 40mg Celexa, Parents may wish to take these precautions suggested by epilepsy action to minimize the possibility of their children experiencing video-game related seizures.

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No RX Celexa, Despite a warning notice on the inside front cover of the instruction manual warning that some users may experience epileptic seizures (a warning contained on most every video game I've ever purchased), a New York woman is suing Vivendi, Sierra Entertainment and Sony alleging that her young son suffered seizures as a result of playing the Spyro video game.

Nintendo obtained a summary judgement in its favor over a similar lawsuit in 2003 when a woman claiming her son died of a seizure when playing Nintendo 64 failed to respond to the summary judgment motion, Celexa mexico. 50mg Celexa, Dale's Comment: Given the warning label, this doesn't seem like a winning case, Celexa australia. 40mg Celexa, Parents may wish to take these precautions suggested by epilepsy action to minimize the possibility of their children experiencing video-game related seizures.

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Categories: "Inside Baseball"Jack ThompsonViolent Game Law Cases

Text of Amended Answer and Counterclaim Where Can I Buy Valtrex, (March 28, 2007)
- amended to remove all but one paragraph of the counterclaim
Text of Original Answer and Counterclaim (March 21, 2007)
Text of Complaint (March 13, 2007)

In response to last-week's Take-Take-Two law-suit seeking to preemptively stop him from bringing suit:


  1. to stop the sale and distribution of Manhunt 2 (due out in the summer of 2007) and GTA IV (due out in October 2007); and

  2. seeking pre-publication review of the games;


as he did in the past with Bully, Thompson has predictably brought a countersuit accusing Take-Two of racketeering and violation of his civil rights.Astonishingly, Thompson, in the original counterclaim (subsequently amended), Thompson accused Take-Two of conspiring with prominent online gaming publications GamePolitics, Kotaku, Spong, Joystiq, Gamespot, IGN, Game Informer, Electronic Gaming Weekly, Penny Arcade, and others to commit racketeering activities!Specifically, Thompson originally claimed that such "conspiracy" violated section 18 USC 241 which states, in part:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in ny State, Territory, Commonwealth, Possession, or District in the free exercise or njoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;... They shall be fined under this title or imprisoned not more than ten years, Valtrex japan, 20mg Valtrex, or both;

Wow, this is, Valtrex paypal, Valtrex uk, err, novel, Valtrex ebay. 10mg Valtrex, As noted by GamePolitics.com, however, Valtrex overseas, Valtrex india, Thompson subsequently amended the counterclaim from 20 pages down to the following single pargraph:
If the court finds that it has jurisdiction over this matter, it should review the video games in question, 100mg Valtrex, Valtrex usa, allow a review of those games by this defendant and then hear argument if requested by this defendant as to wherein the Plaintiff should be enjoined from distributing video games to minors.

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Text of Amended Answer and Counterclaim Where Can I Buy Valtrex, (March 28, 2007)
- amended to remove all but one paragraph of the counterclaim
Text of Original Answer and Counterclaim (March 21, 2007)
Text of Complaint (March 13, 2007)

In response to last-week's Take-Take-Two law-suit seeking to preemptively stop him from bringing suit:


  1. to stop the sale and distribution of Manhunt 2 (due out in the summer of 2007) and GTA IV (due out in October 2007); and

  2. seeking pre-publication review of the games;


as he did in the past with Bully, Thompson has predictably brought a countersuit accusing Take-Two of racketeering and violation of his civil rights.Astonishingly, Thompson, in the original counterclaim (subsequently amended), Thompson accused Take-Two of conspiring with prominent online gaming publications GamePolitics, Kotaku, Spong, Joystiq, Gamespot, IGN, Game Informer, Electronic Gaming Weekly, Penny Arcade, and others to commit racketeering activities!Specifically, Thompson originally claimed that such "conspiracy" violated section 18 USC 241 which states, in part:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in ny State, Territory, Commonwealth, Possession, or District in the free exercise or njoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;... They shall be fined under this title or imprisoned not more than ten years, Valtrex japan, 20mg Valtrex, or both;

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If the court finds that it has jurisdiction over this matter, it should review the video games in question, 100mg Valtrex, Valtrex usa, allow a review of those games by this defendant and then hear argument if requested by this defendant as to wherein the Plaintiff should be enjoined from distributing video games to minors.

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Categories: Trademark Cases

According to GameSpot Discount Allopurinol, , last November UK-based WeeWorld filed suit alleging Nintendo's Mii Avatar system infringed its similar WeeMee avatar system.

WeeWorld's system allows users to create cartoon-like avatars for use with Skype, Allopurinol coupon, Allopurinol uk, AIM, Windows Live Messegner and other instant messaging programs, 20mg Allopurinol. 250mg Allopurinol, The Nintendo Wii allows users to create Nintendo Mii avatars for use with the Nintendo Wii's gaming system both on and offline.

Recently, Allopurinol paypal, Allopurinol canada, WeeWorld asked the judge to dismiss the suit without prejudice (meaning they could re-institute the case at a later date) citing an intent to seek relief in the UK before resuming any action in the U.S.

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According to GameSpot Discount Allopurinol, , last November UK-based WeeWorld filed suit alleging Nintendo's Mii Avatar system infringed its similar WeeMee avatar system.

WeeWorld's system allows users to create cartoon-like avatars for use with Skype, Allopurinol coupon, Allopurinol uk, AIM, Windows Live Messegner and other instant messaging programs, 20mg Allopurinol. 250mg Allopurinol, The Nintendo Wii allows users to create Nintendo Mii avatars for use with the Nintendo Wii's gaming system both on and offline.

Recently, Allopurinol paypal, Allopurinol canada, WeeWorld asked the judge to dismiss the suit without prejudice (meaning they could re-institute the case at a later date) citing an intent to seek relief in the UK before resuming any action in the U.S.

Arguing that its Mii system does not infringe upon WeeWorld's WeeMee trademarks because there is no possibility of confusion, 100mg Allopurinol, 40mg Allopurinol, Nintendo has filed an objection to WeeWorld's dismissal request, seeking both:


  1. dismissal of the suit with prejudice (meaning WeeWorld would not be able to re-institute the case at a later date); and

  2. recovery of its legal fees incurred on the matter to date - estimated at around $400, Allopurinol overseas, 1000mg Allopurinol, 000.


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Flovent For Sale

Categories: Copyright CasesDecisions

Text of Decision Flovent For Sale, , HTML version, RTF Version (UK Court of Appeal - March 14, 2007)
Text of Decision , HTML version, RTF Version (England & Wales High Court - Chancery Division - January 20, 2006)

In what seems to be little more than another "look and feel" decision specific to the video game industry, the U.K. Court of Appeal upheld a prior Chancery Division decision ruling against Nova Productions in finding, 30mg Flovent, 150mg Flovent, yet again, that general ideas behind computer games, Flovent overseas, Flovent usa, or in this case specific game mechanics, and other programs are not protectable under U.K, Flovent us. Flovent mexico, copyright:

"Merely making a program which will emulate another but which in no way involves copying the program code or any of the program's graphics is legitimate,"

In this case, Flovent australia, Flovent india, the court found no copyright in the "imagery" relating to either: (i) lines of dots indicating the direction of a pool shot; or (ii) an "in-time" mechanic that permits the player to alter the power of a simulated pool shot by timing the shot relative to a pulsing power level - see the images in the Annexes of the HTML version of the Chancery Division decision. Providing similar, 100mg Flovent, Flovent uk, but different, "imagery" to depict the same game mechanic idea is not infringing, 1000mg Flovent. Flovent coupon, In the words of Lord Justice Jacob, when handing down the Court of Appeal decision:
"A series of drawings is a series of graphic works, 20mg Flovent, 200mg Flovent, not a single graphic work in itself. No-one would say that the copyright in a single drawing of Felix the Cat is infringed by a drawing of Donald Duck, Flovent For Sale. A series of cartoon frames showing Felix running over a cliff edge into space, 10mg Flovent, Flovent japan, looking down and only then falling would not be infringed by a similar set of frames depicting Donald doing the same thing. That is in effect what is alleged here."

In the Chancery Division decision, Flovent canada, 250mg Flovent, Mr. Justice Kitchen concluded that while the competitive games were inspired by Nova's Pocket Money, Flovent paypal, 50mg Flovent, no substantial part of the work was reproduced and therefor, no copyright infringement occurred, Flovent craiglist. 750mg Flovent,
"The ideas that Mazooma have taken have nothing to do with the skill and effort expended by the programmer. Flovent For Sale, They do not constitute the form of expression of the computer program for Jackpot Pool. They are generalised ideas at a high level of abstraction, 40mg Flovent. Flovent ebay, The features taken collectively or separately do not amount to a substantial part of the program."

Justice Jacob's Court of Appeal conclusions provide a particularly apt summary of the limited scope of copyright protection as applied to the video game industry:
"....Both sides submitted that this case had significance for the computer games (and computer program writing) industry. Mr Howe submitted that if the decision below is upheld there is no effective protection for games against copying of the game where a party copies the rules of a game but not its graphics, 500mg Flovent. Mr Carr submitted that that not all things are covered by copyright, that most if not every work is, to some extent, influenced or derived from other works. So it is very important that copyright is not allowed to intervene to stifle the creation of works that are actually very different, as the individual games are here.

I agree with Mr Carr. If protection for such general ideas as are relied on here were conferred by the law, copyright would become an instrument of oppression rather than the incentive for creation which it is intended to be. Protection would have moved to cover works merely inspired by others, to ideas themselves."


Other High Court Decision Commentary: Out-Law.com | TwoBirds.com | Davis LLP | SportandTechnology.com | Mondaq | EDRI.org

Other Chancery Division Commentary: IPKat | Clintons | Out-Law.com | IPRights.

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Text of Decision Flovent For Sale, , HTML version, RTF Version (UK Court of Appeal - March 14, 2007)
Text of Decision , HTML version, RTF Version (England & Wales High Court - Chancery Division - January 20, 2006)

In what seems to be little more than another "look and feel" decision specific to the video game industry, the U.K. Court of Appeal upheld a prior Chancery Division decision ruling against Nova Productions in finding, 30mg Flovent, 150mg Flovent, yet again, that general ideas behind computer games, Flovent overseas, Flovent usa, or in this case specific game mechanics, and other programs are not protectable under U.K, Flovent us. Flovent mexico, copyright:

"Merely making a program which will emulate another but which in no way involves copying the program code or any of the program's graphics is legitimate,"

In this case, Flovent australia, Flovent india, the court found no copyright in the "imagery" relating to either: (i) lines of dots indicating the direction of a pool shot; or (ii) an "in-time" mechanic that permits the player to alter the power of a simulated pool shot by timing the shot relative to a pulsing power level - see the images in the Annexes of the HTML version of the Chancery Division decision. Providing similar, 100mg Flovent, Flovent uk, but different, "imagery" to depict the same game mechanic idea is not infringing, 1000mg Flovent. Flovent coupon, In the words of Lord Justice Jacob, when handing down the Court of Appeal decision:
"A series of drawings is a series of graphic works, 20mg Flovent, 200mg Flovent, not a single graphic work in itself. No-one would say that the copyright in a single drawing of Felix the Cat is infringed by a drawing of Donald Duck, Flovent For Sale. A series of cartoon frames showing Felix running over a cliff edge into space, 10mg Flovent, Flovent japan, looking down and only then falling would not be infringed by a similar set of frames depicting Donald doing the same thing. That is in effect what is alleged here."

In the Chancery Division decision, Flovent canada, 250mg Flovent, Mr. Justice Kitchen concluded that while the competitive games were inspired by Nova's Pocket Money, Flovent paypal, 50mg Flovent, no substantial part of the work was reproduced and therefor, no copyright infringement occurred, Flovent craiglist. 750mg Flovent,
"The ideas that Mazooma have taken have nothing to do with the skill and effort expended by the programmer. Flovent For Sale, They do not constitute the form of expression of the computer program for Jackpot Pool. They are generalised ideas at a high level of abstraction, 40mg Flovent. Flovent ebay, The features taken collectively or separately do not amount to a substantial part of the program."

Justice Jacob's Court of Appeal conclusions provide a particularly apt summary of the limited scope of copyright protection as applied to the video game industry:
"....Both sides submitted that this case had significance for the computer games (and computer program writing) industry. Mr Howe submitted that if the decision below is upheld there is no effective protection for games against copying of the game where a party copies the rules of a game but not its graphics, 500mg Flovent. Mr Carr submitted that that not all things are covered by copyright, that most if not every work is, to some extent, influenced or derived from other works. So it is very important that copyright is not allowed to intervene to stifle the creation of works that are actually very different, as the individual games are here.

I agree with Mr Carr. If protection for such general ideas as are relied on here were conferred by the law, copyright would become an instrument of oppression rather than the incentive for creation which it is intended to be. Protection would have moved to cover works merely inspired by others, to ideas themselves."


Other High Court Decision Commentary: Out-Law.com | TwoBirds.com | Davis LLP | SportandTechnology.com | Mondaq | EDRI.org

Other Chancery Division Commentary: IPKat | Clintons | Out-Law.com | IPRights.

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Midway Games Discount Abilify, is being sued by William L. 10mg Abilify, Crawford III, a Los Angeles County screenwriter, Abilify india, Abilify mexico, over its Psi-Ops: The Mindgate Conspiracy sci-fi stealth-action game. Crawford claims the premise, Abilify overseas, 250mg Abilify, plot and characters were stolen from a screenplay he wrote in 1998 - also called Psi-Ops.

Crawford claims that Midway should have known about his screenplay and its premise because:


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  • he attended the 2001 E3 to promote it.

  • his company, Abilify ebay, 500mg Abilify, Mindshadow Entertainment, had received media coverage for a possible  Psi-Ops movie project.

  • he had registered "Psi-Ops" with the U.S, Abilify paypal. 30mg Abilify, Copyright Office six years prior to Midway's registration.


Crawford seeks an accounting and share of revenue made from "Psi-Ops" sales in an amount no less than $1.5 million.

Dale's Comment: On a personal note, immediately following its release I purchased this game for the original Xbox, Discount Abilify. It was unplayable, Abilify japan. Abilify canada, Like several games of its era, it made me nausious within five minutes of firing it up, 150mg Abilify. 1000mg Abilify, Too bad. It looked like a fun game, Abilify australia. 40mg Abilify, Sources: GameSpot | gameindustry.biz | SoftPedia | Yahoo. Games | Kotaku | IGN | 1Up.com, 20mg Abilify. 100mg Abilify. Abilify coupon. 50mg Abilify. 200mg Abilify. Abilify craiglist. Abilify us. 750mg Abilify. Abilify usa. Abilify uk.

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Midway Games Discount Abilify, is being sued by William L. 10mg Abilify, Crawford III, a Los Angeles County screenwriter, Abilify india, Abilify mexico, over its Psi-Ops: The Mindgate Conspiracy sci-fi stealth-action game. Crawford claims the premise, Abilify overseas, 250mg Abilify, plot and characters were stolen from a screenplay he wrote in 1998 - also called Psi-Ops.

Crawford claims that Midway should have known about his screenplay and its premise because:


  • he had set up websites with concept art;

  • he attended the 2001 E3 to promote it.

  • his company, Abilify ebay, 500mg Abilify, Mindshadow Entertainment, had received media coverage for a possible  Psi-Ops movie project.

  • he had registered "Psi-Ops" with the U.S, Abilify paypal. 30mg Abilify, Copyright Office six years prior to Midway's registration.


Crawford seeks an accounting and share of revenue made from "Psi-Ops" sales in an amount no less than $1.5 million.

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Categories: Misc. CasesPublisher/Developer CasesRoyalty DisputesTortious Interference

No RX Indometacin, Atari was sued by RollerCoaster Tycoon developer Chris Sawyer in November 2005 alleging unpaid royalties.

Atari counterclaimed Sawyer alleging he induced game developer Frontier to breach its contract with Atari in creating a demo based on the RollerCoaster Tycoon franchise, Indometacin canada. Indometacin overseas, Apparently the UK's law on inducement to breach is in flux and the outcome of Atari's counterclaim is contingent on two cases pending before the House of Lords. Nonetheless Judge Lord Justice Chadwick is permitting the RollerCoaster Tycoon case to proceed to trial, Indometacin ebay, 750mg Indometacin, but subject to the outcome of the other two cases.

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No RX Allopurinol, In an effort to stave off a new form of money laundering, prohibited gambling and threats to the Chinese yuan (Chinese currency), Chinese Web sites have been ordered to limit the use of virtual money. Public prosecutor Yang Tao says "The QQ coin is challenging the status of the [yuan] as the only legitimate currency in China."

Specifically, Allopurinol craiglist, Allopurinol india, virtual money may only be used to buy virtual products and services the companies provide themselves, issuance will be limited, 500mg Allopurinol, 10mg Allopurinol, and users are “strictly forbidden” from trading it into legal tender for a profit.

QQ coins, 30mg Allopurinol, 20mg Allopurinol, issued by Tencent.com - China's largest instant-messaging service provider - are the most popular form of online credits used by 220 million users. They are being used to pay for an increasing array of services including gambling, Allopurinol paypal, Allopurinol canada, phone sex services and shopping online

Dale's Comment: One wonders what may happen if Microsoft Points or Wii Points ever become freely tradable. Microsoft, Allopurinol coupon, 200mg Allopurinol, for example, has touted the possibility of a future online commerce system available through the Xbox Live and Zune marketplaces where users would be able trade electronic items for points, 100mg Allopurinol. Allopurinol japan, Would the U.S. or other governments share the same concerns as the Chinese government, Allopurinol mexico. Allopurinol uk, Sources: MSNBC.com | FT.com | theage.com.au | Fox News | GamePolitics.com

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No RX Allopurinol, In an effort to stave off a new form of money laundering, prohibited gambling and threats to the Chinese yuan (Chinese currency), Chinese Web sites have been ordered to limit the use of virtual money. Public prosecutor Yang Tao says "The QQ coin is challenging the status of the [yuan] as the only legitimate currency in China."

Specifically, Allopurinol craiglist, Allopurinol india, virtual money may only be used to buy virtual products and services the companies provide themselves, issuance will be limited, 500mg Allopurinol, 10mg Allopurinol, and users are “strictly forbidden” from trading it into legal tender for a profit.

QQ coins, 30mg Allopurinol, 20mg Allopurinol, issued by Tencent.com - China's largest instant-messaging service provider - are the most popular form of online credits used by 220 million users. They are being used to pay for an increasing array of services including gambling, Allopurinol paypal, Allopurinol canada, phone sex services and shopping online

Dale's Comment: One wonders what may happen if Microsoft Points or Wii Points ever become freely tradable. Microsoft, Allopurinol coupon, 200mg Allopurinol, for example, has touted the possibility of a future online commerce system available through the Xbox Live and Zune marketplaces where users would be able trade electronic items for points, 100mg Allopurinol. Allopurinol japan, Would the U.S. or other governments share the same concerns as the Chinese government, Allopurinol mexico. Allopurinol uk, Sources: MSNBC.com | FT.com | theage.com.au | Fox News | GamePolitics.com

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Categories: Controller CasesPatent CasesSettlements

Text of Immersion Patent

Almost a full year after Immersion won an appeal brought by Sony in the U.S. 500mg Imitrex, Court of Appeals for the Federal Circuit, after it lost at trial, Imitrex usa, Imitrex japan, and after a year of Sony marketing types insisting that rumble was a last-generation feature that wouldn't be compatible with its new Sixaxis tilt control scheme, Sony has settled its long-standing patent dispute with Immersion and has licensed Immersion's patented force feedback technology for use with future "PlayStation format products.", Imitrex paypal. Imitrex australia, Sony will pay Immersion the $82 million previously awarded (Immersion had originally sought $299 million) plus $8.7 million in pre-judgment interest, in addition to compulsory license fees ordered by the District Court that were already paid." Sony will also pay Immersion royalty/license fees of $1.875 million in each of the next twelve quarters (3 years), Imitrex overseas, Imitrex coupon, beginning in April 2007, totaling $22.5 million, 50mg Imitrex, 20mg Imitrex, along with other fees and royalties.

Dale's Comment [April 30, 200mg Imitrex, Imitrex canada, 2007]: This couldn't have come soon enough for this gamer. Aside from the exorbitant price and the lack of compelling games, 750mg Imitrex, 1000mg Imitrex, a primary reason I haven't yet purchased a PS3 (and yes, as I write this, 150mg Imitrex, 100mg Imitrex, PS3s are stacked high in my local Best Buy) is because I don't want to play games without force feedback. Force feedback is integral to identifying the location of attacking foe and, frankly, rumble adds another sensory input that emerses the player more fully into the game, Buy Imitrex No Prescription. To my mind, Imitrex ebay, Imitrex india, Sony's decision to release a console without rumble was akin to releasing a console without sound.

Sony has not yet announced or released a controller with rumble, 30mg Imitrex. Imitrex mexico, But, on April 19, Imitrex uk, Imitrex us, 2007 Sony released a PS3 firmware upgrade that activated rumble functionality for PS1 and PS2 games played on the PS3. On April 27, 40mg Imitrex, 250mg Imitrex, Engadget reported that Sony and Immersion were in talks to incorporate rumble within PS3 controllers. It appears we can expect a rumble-enabled PS3 controller sometime soon, Imitrex craiglist. 10mg Imitrex, There will likely be no PS3 in my household before then. But, the forthcoming Lair and Warhawk games are mighty tempting.

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Almost a full year after Immersion won an appeal brought by Sony in the U.S. 500mg Imitrex, Court of Appeals for the Federal Circuit, after it lost at trial, Imitrex usa, Imitrex japan, and after a year of Sony marketing types insisting that rumble was a last-generation feature that wouldn't be compatible with its new Sixaxis tilt control scheme, Sony has settled its long-standing patent dispute with Immersion and has licensed Immersion's patented force feedback technology for use with future "PlayStation format products.", Imitrex paypal. Imitrex australia, Sony will pay Immersion the $82 million previously awarded (Immersion had originally sought $299 million) plus $8.7 million in pre-judgment interest, in addition to compulsory license fees ordered by the District Court that were already paid." Sony will also pay Immersion royalty/license fees of $1.875 million in each of the next twelve quarters (3 years), Imitrex overseas, Imitrex coupon, beginning in April 2007, totaling $22.5 million, 50mg Imitrex, 20mg Imitrex, along with other fees and royalties.

Dale's Comment [April 30, 200mg Imitrex, Imitrex canada, 2007]: This couldn't have come soon enough for this gamer. Aside from the exorbitant price and the lack of compelling games, 750mg Imitrex, 1000mg Imitrex, a primary reason I haven't yet purchased a PS3 (and yes, as I write this, 150mg Imitrex, 100mg Imitrex, PS3s are stacked high in my local Best Buy) is because I don't want to play games without force feedback. Force feedback is integral to identifying the location of attacking foe and, frankly, rumble adds another sensory input that emerses the player more fully into the game, Buy Imitrex No Prescription. To my mind, Imitrex ebay, Imitrex india, Sony's decision to release a console without rumble was akin to releasing a console without sound.

Sony has not yet announced or released a controller with rumble, 30mg Imitrex. Imitrex mexico, But, on April 19, Imitrex uk, Imitrex us, 2007 Sony released a PS3 firmware upgrade that activated rumble functionality for PS1 and PS2 games played on the PS3. On April 27, 40mg Imitrex, 250mg Imitrex, Engadget reported that Sony and Immersion were in talks to incorporate rumble within PS3 controllers. It appears we can expect a rumble-enabled PS3 controller sometime soon, Imitrex craiglist. 10mg Imitrex, There will likely be no PS3 in my household before then. But, the forthcoming Lair and Warhawk games are mighty tempting.

Sources: Gamasutra | Engadget | IGN.com | GameDaily.com | Immersion Press Release
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Categories: Antitrust/Competition CasesBotsCheatingCopyright CasesDMCA-TPM CasesGold FarmingHackingTortious InterferenceTrademark CasesUnfair Business Practice Casses

Case Management Summary Plavix For Sale, (March 27, 2007)
Text of Blizzard's/Vivendi's Answer & Counterclaim (Feb 16, 2007)
Text of MDY's (Donnelly's) Complaint (Oct 25, 2006)

Michael Donnelly created a 'bot' program called WowGlider (since renamed to simply "Glider" in response to Blizzard's trademark complaints) that allows players of the wildly popular World of Warcraft ("WOW") MMORPG to automate their game play and keep their character "playing" 24/7. Plavix australia, Using this bot the player can continue to level up and harvest gold 24/7 without actually having to play the game - an activity widely considered to be cheating. The use of such "bots" circumvent Blizzard's security/anti-cheating measures and are prohibited by WOW's EULA and terms of use, Plavix canada. 500mg Plavix, In the fall of 2006 Blizzard (and its parent Vivendi) demanded Donnelly cease selling the bot. In response, Plavix ebay, 10mg Plavix, On October 25, 2006 Donnelly's company MDY filed a complaint in the U.S, 50mg Plavix. District Court of Arizona seeking a Declaratory Judgment that it is not infringing any rights, copyright or otherwise owned by Blizzard and Vivendi, Plavix For Sale. Plavix overseas, Blizzard and Vivendi have now answered Donnelly's complaint and filed a countersuit. Blizard summarizes the case as follows:

Donnelly is an individual responsible for the development and sale of “WoWGlider, 1000mg Plavix, Plavix us, ” a software program that enables users to circumvent Blizzard’s security measures and infringe Blizzard’s intellectual property rights in its World of Warcraft® (“WoW”) software. WoWGlider’s unauthorized code then enables its users to cheat fellow players by completing in-game tasks and building characters with little or no human participation, Plavix coupon, Plavix craiglist, thereby giving WoWGlider users significant unfair and contractually prohibited advantages over legitimate players. Via the website wowglider.com, 30mg Plavix, 20mg Plavix, MDY actively markets and promotes WoWGlider with knowledge that they are encouraging and enabling WoWGlider users to breach their contracts with Blizzard. MDY’s actions have unjustly profited Michael Donnelly while negatively impacting the experience of millions of legitimate WoW gamers and causing significant damage to Blizzard, 150mg Plavix. Plavix mexico, The acts of MDY, described in more detail below, Plavix india, 200mg Plavix, constitute tortious interference with the contracts between Blizzard and WoW users; contributory and vicarious infringement of registered copyrights in violation of the Copyright Act, as amended, 40mg Plavix, 750mg Plavix, 17 U.S.C. § 501; trafficking in technology designed for the purpose of circumventing copyright protection systems in violation of the Digital Millennium Copyright Act, 250mg Plavix, Plavix japan, as amended, 17 U.S.C, Plavix usa. Plavix uk, § 1201(a)(2) and (b)(1); trademark infringement in violation of Section 43(a) of the Lanham Act; and unfair competition and unjust enrichment under the laws of the State of Arizona.

The countersuit contains the following seven counts/allegations:

  1. Tortious Interference with Contract

  2. Contributory Copyright Infringement

  3. Vicarious Copyright Infringement

  4. Violation of the DMCA

  5. Trademark Infringement

  6. Unfair Competition

  7. Unjust Enrichment


Blizzard/Vivendi are seeking the following relief/court orders (amoung others):

  1. preliminary and permanent injunctions enjoying MDY/Donnelly from: (i) infringing its copyrights; (ii) violating its anti-circumvention systems; and (iii) encouraging others to violate its EULA;

  2. shutting down the WoWGlider.com website, assignment of the domain to Blizzard

  3. ceasing further development, Plavix paypal, 100mg Plavix, sale and distribution of WoWGlider

  4. an accounting of all sales and monetary damages payment


Sources: Gamasutra | GamePolitics.com | Wow Insider | Tera Nova | The Forge | Markee Dragon| Glider's Legal Forum | Glider FAQ.

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Case Management Summary Plavix For Sale, (March 27, 2007)
Text of Blizzard's/Vivendi's Answer & Counterclaim (Feb 16, 2007)
Text of MDY's (Donnelly's) Complaint (Oct 25, 2006)

Michael Donnelly created a 'bot' program called WowGlider (since renamed to simply "Glider" in response to Blizzard's trademark complaints) that allows players of the wildly popular World of Warcraft ("WOW") MMORPG to automate their game play and keep their character "playing" 24/7. Plavix australia, Using this bot the player can continue to level up and harvest gold 24/7 without actually having to play the game - an activity widely considered to be cheating. The use of such "bots" circumvent Blizzard's security/anti-cheating measures and are prohibited by WOW's EULA and terms of use, Plavix canada. 500mg Plavix, In the fall of 2006 Blizzard (and its parent Vivendi) demanded Donnelly cease selling the bot. In response, Plavix ebay, 10mg Plavix, On October 25, 2006 Donnelly's company MDY filed a complaint in the U.S, 50mg Plavix. District Court of Arizona seeking a Declaratory Judgment that it is not infringing any rights, copyright or otherwise owned by Blizzard and Vivendi, Plavix For Sale. Plavix overseas, Blizzard and Vivendi have now answered Donnelly's complaint and filed a countersuit. Blizard summarizes the case as follows:

Donnelly is an individual responsible for the development and sale of “WoWGlider, 1000mg Plavix, Plavix us, ” a software program that enables users to circumvent Blizzard’s security measures and infringe Blizzard’s intellectual property rights in its World of Warcraft® (“WoW”) software. WoWGlider’s unauthorized code then enables its users to cheat fellow players by completing in-game tasks and building characters with little or no human participation, Plavix coupon, Plavix craiglist, thereby giving WoWGlider users significant unfair and contractually prohibited advantages over legitimate players. Via the website wowglider.com, 30mg Plavix, 20mg Plavix, MDY actively markets and promotes WoWGlider with knowledge that they are encouraging and enabling WoWGlider users to breach their contracts with Blizzard. MDY’s actions have unjustly profited Michael Donnelly while negatively impacting the experience of millions of legitimate WoW gamers and causing significant damage to Blizzard, 150mg Plavix. Plavix mexico, The acts of MDY, described in more detail below, Plavix india, 200mg Plavix, constitute tortious interference with the contracts between Blizzard and WoW users; contributory and vicarious infringement of registered copyrights in violation of the Copyright Act, as amended, 40mg Plavix, 750mg Plavix, 17 U.S.C. § 501; trafficking in technology designed for the purpose of circumventing copyright protection systems in violation of the Digital Millennium Copyright Act, 250mg Plavix, Plavix japan, as amended, 17 U.S.C, Plavix usa. Plavix uk, § 1201(a)(2) and (b)(1); trademark infringement in violation of Section 43(a) of the Lanham Act; and unfair competition and unjust enrichment under the laws of the State of Arizona.

The countersuit contains the following seven counts/allegations:

  1. Tortious Interference with Contract

  2. Contributory Copyright Infringement

  3. Vicarious Copyright Infringement

  4. Violation of the DMCA

  5. Trademark Infringement

  6. Unfair Competition

  7. Unjust Enrichment


Blizzard/Vivendi are seeking the following relief/court orders (amoung others):

  1. preliminary and permanent injunctions enjoying MDY/Donnelly from: (i) infringing its copyrights; (ii) violating its anti-circumvention systems; and (iii) encouraging others to violate its EULA;

  2. shutting down the WoWGlider.com website, assignment of the domain to Blizzard

  3. ceasing further development, Plavix paypal, 100mg Plavix, sale and distribution of WoWGlider

  4. an accounting of all sales and monetary damages payment


Sources: Gamasutra | GamePolitics.com | Wow Insider | Tera Nova | The Forge | Markee Dragon| Glider's Legal Forum | Glider FAQ.

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Categories: Violent Game Law Cases

ESA Discount Vpxl, v. Minnesota (March 17, 10mg Vpxl, Vpxl us, 2008 - 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 2007)
Text of Appeal (Aug 29, Vpxl usa, 250mg Vpxl, 2006)
Permanent Injunction (July 31, 2006 - District Court)
Text of Complaint (June 6, 750mg Vpxl, Vpxl craiglist, 2006)
Text of Enjoined Bill (May 22, 2006)

The United States 8th Circuit begins hearing oral arguments today in Minnesota’s appeal of a District Court ruling that its 2006 “fine the buyer” video game statute was unconstitutional, Vpxl mexico. Vpxl coupon, A permanent injunction against Minnesota's violent video game bill was granted in July 2006.

The law would have imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only). The trial judge found that Minnesota was “…entirely incapable of showing a causal link between the playing of video games and any deleterious effect on the psychological, Vpxl overseas, 40mg Vpxl, moral, or ethical well-being of minors [p, Vpxl japan. Vpxl ebay, 7] …absent compelling evidence, the belief is pure conjecture”, 200mg Vpxl. Vpxl india, [p. 13] Accordingly, 30mg Vpxl, Vpxl australia, the bill failed the strict scrutiny test necessary to survive a First Amendment challenge.

Sources: GamePolitics

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ESA Discount Vpxl, v. Minnesota (March 17, 10mg Vpxl, Vpxl us, 2008 - 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 2007)
Text of Appeal (Aug 29, Vpxl usa, 250mg Vpxl, 2006)
Permanent Injunction (July 31, 2006 - District Court)
Text of Complaint (June 6, 750mg Vpxl, Vpxl craiglist, 2006)
Text of Enjoined Bill (May 22, 2006)

The United States 8th Circuit begins hearing oral arguments today in Minnesota’s appeal of a District Court ruling that its 2006 “fine the buyer” video game statute was unconstitutional, Vpxl mexico. Vpxl coupon, A permanent injunction against Minnesota's violent video game bill was granted in July 2006.

The law would have imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only). The trial judge found that Minnesota was “…entirely incapable of showing a causal link between the playing of video games and any deleterious effect on the psychological, Vpxl overseas, 40mg Vpxl, moral, or ethical well-being of minors [p, Vpxl japan. Vpxl ebay, 7] …absent compelling evidence, the belief is pure conjecture”, 200mg Vpxl. Vpxl india, [p. 13] Accordingly, 30mg Vpxl, Vpxl australia, the bill failed the strict scrutiny test necessary to survive a First Amendment challenge.

Sources: GamePolitics

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Levaquin For Sale

Categories: Controller CasesCopyright CasesEmployment Law CasesMisc. Contract CasesNon-Compete CasesTrade Secret CasesTrademark CasesUnfair Business Practice Casses

Levaquin For Sale, In a new Guitar Hero related dispute, Activision (Guitar Hero publisher RedOctane's parent company), has filed a fresh lawsuit against guitar peripheral maker The Ant Commando (TAC), Red Octane's PR firm Reverb Communications and three former Red Octane executives/employees: former executive producer John Tam, brand manager [name removed on request] and hardware group member Jamie Yang. The former executives founded a new company with TAC - Loadstone Entertainment, 10mg Levaquin. 200mg Levaquin, The complaint alleges:

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GameSpot is reporting that Activision has already obtained a temporary restraining order against the defendants restraining them from:

  • distributing a demo created by TAM incorporating elements of Guitar Hero II;

  • using or disclosing any Activision trade secrets, including: music licensing contract terms, 30mg Levaquin, 150mg Levaquin, in-game advertising, sales figures, 250mg Levaquin, Levaquin coupon, marketing plans, product designs, Levaquin japan, Levaquin canada, and possible future songs and artists to be featured;

  • developing a guitar controller for the XBox 360 version of Guitar Hero II for three months after release;

  • soliciting Activision employees, partners or Asia-based manufacturing partners; and

  • taking any steps to develop, Levaquin usa, 1000mg Levaquin, market, manufacture, 40mg Levaquin, 20mg Levaquin, sell, or distribute any guitar or drum based video games.


As recently as December 27, Levaquin india, 750mg Levaquin, 2006, Activision and Red Octane had settled a different dispute with TAC concerning the sale of unlicensed guitar peripherals, 50mg Levaquin. Levaquin mexico, See here for details.

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  • using or disclosing any Activision trade secrets, including: music licensing contract terms, 30mg Levaquin, 150mg Levaquin, in-game advertising, sales figures, 250mg Levaquin, Levaquin coupon, marketing plans, product designs, Levaquin japan, Levaquin canada, and possible future songs and artists to be featured;

  • developing a guitar controller for the XBox 360 version of Guitar Hero II for three months after release;

  • soliciting Activision employees, partners or Asia-based manufacturing partners; and

  • taking any steps to develop, Levaquin usa, 1000mg Levaquin, market, manufacture, 40mg Levaquin, 20mg Levaquin, sell, or distribute any guitar or drum based video games.


As recently as December 27, Levaquin india, 750mg Levaquin, 2006, Activision and Red Octane had settled a different dispute with TAC concerning the sale of unlicensed guitar peripherals, 50mg Levaquin. Levaquin mexico, See here for details.

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Categories: Gold FarmingVirtual Property Cases

Hot on the heals of South Korean Gold Famers forming a lobby group Where Can I Buy Deltasone, , EBay has banned the sale of such virtual property on its popular online auction system - often referred to as Real Money Trading ("RMT") of virtual goods. Many online gaming publishers prohibit such trading, Deltasone usa, Deltasone japan, while others, like Linden Lab's popular MMRPG, Deltasone australia, Deltasone overseas, Second Life, not only permit it, Deltasone craiglist, 10mg Deltasone, but encourage it and even promote it as a beneficial feature to gamers.

Specifically, 40mg Deltasone, Deltasone uk, the following items cannot be auctioned of on eBay going forward:


  • characters

  • in-game currency (a.k.a. "gold")

  • weapons

  • character attire

  • online game accounts


Significantly, 500mg Deltasone, Deltasone india, the eBay ban does not apply to RMT of Second Life virtual property.

This ban will be a boon to IGE, Deltasone mexico, Deltasone canada, a popular site for real money trading of virtual property. While eBay is likely doing this to avoid lawsuits from online gaming publishers that prohibit RMT, 150mg Deltasone, 100mg Deltasone, it is also walking away from a huge growth "industry" with the value of such annual trading estimated to be between $200 M and $1 billion.

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  • characters

  • in-game currency (a.k.a. "gold")

  • weapons

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  • online game accounts


Significantly, 500mg Deltasone, Deltasone india, the eBay ban does not apply to RMT of Second Life virtual property.

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Categories: Virtual Property CasesVirtual Property Taxation

Discount Clonidine, PC World discusses Congressional investigations into whether virtual gains will be taxable.

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Categories: Gold FarmingTrade AssociationsVirtual Property Cases

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Categories: Featured ArticlesPatent CasesPatents

Discount Valtrex, Love'm or hate'm, video game patents have played an important role in the evolution of the video game industry.

Ross Dannenberg and Steve Chang of Banner & Witcoff, Ltd have put together this terrific feature article: "The Ten Most Important Video Game Patents" for Gamasutra. In assessing the patents' importance, 100mg Valtrex, they used four criteria:


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Also, FYI, I have discovered Ross' Patent Arcade blog where, among other things, he tracks Video Game Lawsuits. For your future reference I have added it to my "Video Game Law Blogs" roll down the right side of my blog (after "Topics").

Source: Gamasutra.

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Also, FYI, I have discovered Ross' Patent Arcade blog where, among other things, he tracks Video Game Lawsuits. For your future reference I have added it to my "Video Game Law Blogs" roll down the right side of my blog (after "Topics").

Source: Gamasutra.

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