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Category — Settlements
Take Two Settles with Jack Thompson
Categories: "Inside Baseball" • Jack Thompson • Settlements • Violent Game Law Cases
Settlement Agreement and Mutual Release (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:
- 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, published, manufactured, distributed or sold by Take-Two, its affiliates, subsidiaries etc.;
- not to threaten such suits; and
- to communicate with Take-Two only through its lawyers.
However, Thompson will still be free to criticize the content and distribution of such games and to represent third-party plaintiffs in actions against Take-Two, its affiliates, subsidiaries etc. alleging individual harm.
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.
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Del.icio.us Activision Settles with Two Former Guitar Hero Executives
Categories: Controller Cases • Copyright Cases • Employment Law Cases • Injunctions • Misc. Contract Cases • Non-Compete Cases • Settlements • Trade Secret Cases • Trademark Cases • Unfair Business Practice Casses
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 Corey Fong and hardware group member Jamie Yang. These former executives founded a new company with TAC - Loadstone Entertainment.
Activision has settled with John Tam and Corey Fong. 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.
As far as I’m aware, no settlement has thus far been reached with Jamie Yang, Reverb or TAC.
Dale’s Comment [written April 26, 2007]: On a personal note, I was one of the lucky one’s to pick up Guitar Hero II for the Xbox 360 on launch day. The local Best Buy had about 100 of them on the morning of the launch. As I understand it, they sold out within hours and, to the date of this writing (owing partially to extreme demand and problems with some versions of the initially released guitar peripheral), I still can’t find them for sale anywhere in Toronto. I would like to purchase a second guitar peripheral. I’m having a blast with this game. As one of the commentators in a recent Joystiq Podcast pointed out, my fingers ache and want to stop playing long before the rest of me does! 
Sources: GameSpot | Gamasutra | GameIndustry.biz | 1Up.com | CVG | Kotaku
Sony Finally Settles Rumble Patent Dispute with Immersion
Categories: Controller Cases • Patent Cases • Settlements
Almost a full year after Immersion won an appeal brought by Sony in the U.S. Court of Appeals for the Federal Circuit, after it lost at trial, 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.”.
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), beginning in April 2007, totaling $22.5 million, along with other fees and royalties.
Dale’s Comment [April 30, 2007]: This couldn’t have come soon enough for this gamer. Aside from the exorbitant price and the lack of compelling games, a primary reason I haven’t yet purchased a PS3 (and yes, as I write this, 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. To my mind, 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. But, on April 19, 2007 Sony released a PS3 firmware upgrade that activated rumble functionality for PS1 and PS2 games played on the PS3. On April 27, 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. 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
RedOctane & The Ant Commandos Settle Guitar Hero Controller Dispute
Categories: Controller Cases • Copyright Cases • Product Packaging • Settlements • Trademark Cases • Unfair Business Practice Casses
As expected, on December 22 The Ant Commandos and RedOctane settled their Guitar Hero controller/peripheral suit and countersuit. 1Up.com summarizes the dispute in this amusing way:
Anyway, so RedOctane sued the Ant Commandos, claiming rights infringement on their popular Gibson SG brand of guitar controllers. The Commandos fired back claiming that the SG stepped all over their existing patents on technology for 3-button Guitar Freaks! guitars. Everybody was fingerpointing, it sucked.
While details of the settlement have not been disclosed a representative of Ant Commandos confirmed to GameSpot that its products would continue to be distributed. Jack Black and the Rightous Gods of Rock will be happy with this outcome!
Dale’s Comment: Until I discovered that neither the Ant Commando nor the RedOctane controllers will work with the PS3, one of the primary reasons I wanted to purchase a PS3 was to play Guitar Hero. I had hoped that like most PS2 games, it would be playable on the PS3. Happily, Guitar Hero 2 is coming to the XBox 360 so I won’t need to purchase a PS2 in order to finally play this game.
Sources: Gamasutra | GameSpot | 1UP.com | GameIndustry.biz
Konami Settles with Roxor - ‘In the Groove’ IP Transfered to Konami
Categories: Patent Cases • Settlements • Trademark Cases • Unfair Business Practice Casses
It appears Konami won this one. Roxor has agreed to transfer all IP rights in and to In the Grove to Konami.
Sources: Gamasutra | GameSpot | GameIndustry.biz | Yahoo! Games | joystiq | Konami Press Release | Roxor Press Release
Related Posts:
- Konami Settles with Roxor - ‘In the Groove’ IP Transfered to Konami (October 19, 2006)
- Konami Files Lawsuit Against Roxor Over Dance Game (May 12, 2005)
Blizzard/Vivendi Settle WOW Unofficial User Guide DMCA Dispute
Categories: Copyright Cases • DMCA-TPM Cases • Settlements
Text of Complaint
In an out-of-court settlement, a 24 year old Florida man, Brian Kopp, who claimed last March that he’d been unlawfully blocked from selling copies of his unofficial “World of Warcraft” guide by the Blizzard and Vivendi, can resume his sales on eBay. The settlement does not provide for monetary compensation for Kopp. Blizzard and Vivendi agreed to withdraw their previous take-down notices and to drop their infringement claims. They also agreed to refrain from filing future DMCA take-down notices against the same items Kopp had already disputed through counter-notices. Kopp agreed to retain the book’s disclaimers about its unofficial nature and agreed not to include links or instructions on how to locate ‘cheats’ in the game.
Sources: CNet | Kopp’s Press Release | GameSpot | USA Today | Kotaku | GameDaily.biz | Gamasutra | EuroGamer | GamePolitics.com
Related Posts:
- Blizzard/Vivendi Settle WoW Unofficial User Guide DMCA Dispute (June 9, 2006)
- Blizzard/Vivendi Sued for Blocking Sales of Unofficial “WoW” Guide (March 24, 2006)
THQ Settles Tetris Rights Dispute
Categories: Misc. Contract Cases • Publisher/Developer Cases • Settlements
In 2005, THQ sued The Tetris Company, alleging breach of contract, claiming it it had met all the requirements of its deal to have their license agreement renewed until 2007. THQ was previously prevented from releasing a Nintendo DS version of Tetris when Nintendo published the title itself last April. Under the settlement THQ will publish a version of Tetris for the Xbox 360 in Europe and North America. Presumably THQ has no rights to publish Tetris in Japan or for the DS. Tetris was published last year by AQ Interactive on the Xbox 360’s launch date in Japan.
Sources: Gamasutra | GameSpot | EuroGamer | Ferrago | GameIndustry.biz
Take-Two/Rockstar Settle with FTC over Hot Coffee Mod
Categories: Game Ratings • Investigations • Settlements • Sexuality Cases
Text of Consent Agreement
Under a consent agreement, accepted by the FTC in a 5-0 vote, Take-Two and Rockstar Games will be subject to civil penalties of up to $11,000 per violation if they violate their agreement to: (i) “clearly and prominently disclose on product packaging and in any promotion or advertisement for electronic games, content relevant to the rating, unless that content had been disclosed sufficiently in prior submissions to the rating authority”; (ii) not misrepresent the rating or content descriptors for an electronic game; and (iii) “establish, implement, and maintain a comprehensive system reasonably designed to ensure that all content in an electronic game is considered and reviewed in preparing submissions to a rating authority.”
Sources: FTC Press Release | Gamasutra | ars technica | joystiq | GameSpot | Next Generation | GameDaily.biz | GamePolitics.com | ars technica | 1Up.com | CNet | San Jose Mercury News | TheStreet.com | CNN
New York Investigation:
- Take-Two Receives Subpoenas Over Hot Coffee (June 26, 2006)
LA Civil Suit:
- Yet Another Take-Two/GTA Lawsuit (January 26, 2006)
FTC Investigation Related Posts:
- Take-Two/Rockstar Settle with FTC over Hot Coffee Mod (June 8, 2006)
- ‘Hot Coffee’ FTC Inquiry Given Go Ahead (July 26, 2005)
Stanhouse Class Action Suit:
- Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court (October 7, 2005)
- Another GTA San Andreas Class-Action Suit Filed (Stanhouse) (September 21, 2005)
Cohen Class Action Suit:
- Grandma Cohen’s GTA Class Action Suit Against Take-Two to Proceed (October 27, 2006)
- Outraged Granny Sues Over grand Theft Auto (Cohen) (July 27, 2005)
Other Hot Coffee Related Posts:
- ESRB Demands U.S. Game Publisher Audits for Hidden Game Content (September 12, 2005)
- ESRB Re-Rates Oblivion to Mature Following 3rd Party Mods (May 3, 2006)
- Take-Two Filing Reveals Multiple Lawsuits (February 1, 2006)
- Hot Coffee Spills into Australia as GTA:San Andreas is Banned (August 1, 2005)
- GTA San Andreas Rerated AO, Take-Two Suspends Production (July 20, 2005)
- Confirmed: ‘Hot Coffee’ Sex Minigame in PS2 GTA: San Andreas (July 15, 2005)
Cheatcc.com and Crave Online Media Settle Cheat Codes Dispute
Categories: Copyright Cases • Settlements
Davis & Co. report that Cheatcc.com and Crave Online Media have settled their dispute. In a rather novel dispute, Cheatcc had alleged that Crave Online Media had violated its copyright in its user submitted cheat codes. As noted by D&C, this would have been an interesting case to determine whether a court would find that a company has an enforceable compilation copyright or other proprietary claim in information submitted by its users. Details of the dispute have not been released.
Source: Davis & Company LLP
Related Posts:
- Cheatcc.com and Crave Online Media Settle Cheat Codes Dispute (April 12, 2006)
- Cheatcc.com and Crave Online Media in Cheat Codes Dispute (December 1, 2005)
Electro Source Follows Others and Settles Immersion Suit
Categories: Controller Cases • Patent Cases • Settlements
Text of Immersion Patent
Following Microsoft, Radica and others, Electro Source, maker of Pelican video games accessories, settles with Immersion. The settlement covers past royalties and related legal costs in the quarter amounting to $250,000.
Sources: Gamasutra | Next Generation | Business Wire | Next Generation | Computer Graphics World | Forbes
Atari Epic Games, Valve, Sierra, SCEJ, SCEA and Sony Online Entertainment settle with iEntertainment Network for $175,000
Categories: Patent Cases • Settlements
Text of Patent
In December 2004 filed a suit against Atari, Epic, Valve, Sierra and multiple divisions of Sony, including Sony Online Entertainment. The complaint referred to an infringement of patent 6,042,477 (method of and system for minimizing the effects of time latency in multiplayer electronic games played on interconnected computers).
Sources: GameDaily.biz | Gamasutra | Next Generation
Atari, Edmonsdon Settle Unfair Dismissal Claims
Categories: Employment Law Cases • Settlements
