Game Related Laws

EA Warns New UK Ratings System Could Delay Releases

By Shawn on Wednesday, June 25th, 2008 at 4:26 PM PST
In Electronic Arts, Game Companies, Game Platforms, Game Related Laws, Gamer Life

keithramsd260001m EA Warns New UK Ratings System Could Delay ReleasesEA UK boss Keith Ramsdale has warned gamers that changes to the rating system proposed by the government could result in delays on video game releases. Under the proposal games targeted at the 12+ crowd by PEGI would have to be submitted to the British Board of Film Classification for certification. At this time, only games rated 15 or 18 by PEGI require BBFC certification.

Speaking exclusively to factmongers Gamesindustry.biz, Ramsdale said, “The Government’s proposed changes to the existing age rating systems will create further delays in getting hit games to the UK.

“An extra and unnecessary layer of administration beyond a single system slows the process, and that delay will get passed on to the players themselves.”

“Every time you add a new standard, game developers have to guess what the censors are looking for,” Ramsdale said. “If there’s more than one standard in the UK, and across Europe, that can only equal delays in getting games to market and into the hands of British players.”

Ramsdale is concerned that the extra work load on the BBFC, which has limited resources, could hold up all the titles it has to certify. He’s called for the government to poll UK gamers to find out what they want done. Eurogamer is a bit cynical about the whole polling process.

A recent You Gov study showed 67 per cent of UK adults polled preferred the idea of a single, pan-European ratings system. Meanwhile, 38 per cent said they preferred Hob Nobs to Jaffa Cakes, and 17 per cent said they would be willing to try it but only with a long-term partner they felt relaxed and comfortable with.

via Eurogamer

Nintendo Sued (and Then Un-Sued) Over Copyrighted Music in Gamecube Ad

By Jonathan on Wednesday, June 25th, 2008 at 12:38 AM PST
In Game Companies, Game Consoles, Game Related Laws, Gamer Life, Games, Games Industry, Nintendo, Nintendo, Videos

Apparently, a lawsuit was filed back in June 12th against Nintendo over an ad for a four-year old game that featured music from a 15-year old movie. The ad (shown above) was for the RPG, Paper Mario: The Thousand Year Door, and it featured some cutesy visuals along with some cutesy music. Only problem was, that music was actually composed by Hans Zimmer for the 1993 film, True Romance. Thus, Morgan Creek Productions filed a lawsuit, stating:

Sometime within the past three years, [Nintendo] used the sound recording of “You’re So Cool” without authorization in a television advertisement for the Nintendo “GameCube.”

Plaintiff is informed and believes and thereon alleges that [Nintendo] also used the sound recording at issue herein in other forum in order to generate sales for their product.

And then, just like that, the suit was dropped on June 18th. At this time, no one has any idea why they dropped the lawsuit in less than a week. It’s been so long since I saw the movie that I couldn’t say whether that’s definitely the same music. Still, it’s a little strange that this lawsuit is showing up just now.

Via GamePolitics

Lawsuit Shows Few People Were Offended by GTA’s “Hot Coffee”

By Jonathan on Tuesday, June 24th, 2008 at 9:38 PM PST
In Computer, Game Companies, Game Consoles, Game Platforms, Game Related Laws, Gamer Life, Games, Games Industry, Grand Theft Auto, Sony, Take-Two

hotcoffee1 Lawsuit Shows Few People Were Offended by GTAs Hot CoffeeReady for a bit of news that shouldn’t surprise many gamers out there? Well, you remember that class-action lawsuit over the hidden sex scenes in Grand Theft Auto: San Andreas that ended with anyone who bought the game being entitled to either an edited disc or up to $35 in cash? Millions of people would have been able eligible for their piece of the settlement, but of those, only 2,676 were actually offended enough to file a claim. And the lawyers pushing the case are naturally dumb-founded:

“Am I disappointed? Sure,” said Seth R. Lesser, lead lawyer for the plaintiffs. “We can’t guess as to why now, several years later, people care or don’t care. The merits of the case were clear.”

In fact, it seems the only people to really come out on top of this dispute are the lawyers themselves, who stand to make around $1.3 million in legal fees. The reasons behind this are summed up pretty well by Theodore H. Frank, a lawyer who also happens to be a gamer:

“There are two possibilities,” Mr. Frank said of the settlement. “Possibility one is they have a meritorious lawsuit and they’re selling out the class for attorneys’ fees. The other possibility is that, and frankly I think this is the more likely possibility, they brought a meritless lawsuit that had no business being brought to court at all.”

So basically, after all the hullabaloo from politicians, lawyers, and various concerned people, it looks like the people who weren’t offended were the majority of people who actually played the game. Well that or people just didn’t know about the lawsuit, didn’t have proof of purchase anymore, or something like that. Point is: this turned out a be a huge waste of time for everyone that isn’t a lawyer.

Via New York Times

Godfather Creator’s Son Sues Over Video Game Royalties

By Jonathan on Thursday, June 19th, 2008 at 12:14 PM PST
In Game Companies, Game Related Laws, Gamer Life, Games, Games Industry

godfathergame1 Godfather Creators Son Sues Over Video Game Royalties

Anthony Puzo, son of the late author and creator of The Godfather franchise, Mario Puzo, has filed a lawsuit against Paramount over royalties from the video games based on the movies. Puzo filed documents in the Los Angeles Superior Court claiming at least $1 million in damages for breach of contract. He cites an agreement made between his father and Paramount back in 1992 that would grant the author a sizable share of the profits from audio-visual products based off the Godfather films. The agreement was made because Puzo was a struggling, relatively unknown author at the time when the first film was made, and was paid accordingly. Naturally, that changed when the film became a huge success, but the agreement was a way of making up for Puzo’s lower pay for the first film. When Mario Puzo passed away in 1999, his estate went into the hands of his children. No word yet on whether any Paramount execs have found a horse’s head in their bed.

Via Reuters

Tecmo Slap Itagaki With a Gag Order

By Jonathan on Wednesday, June 18th, 2008 at 1:27 PM PST
In Game Companies, Game Related Laws, Gamer Life, Games Industry

itagaki1 Tecmo Slap Itagaki With a Gag OrderAnd the Tecmo vs. Itagaki drama just keeps on rolling. Tecmo recently filed for a gag order in the Tokyo District Court against Tomonobu Itagaki, former employee, creator of Dead or Alive and Ninja Gaiden, and the man leading a new class-action suit against the company by other employees. The order prohibits Itagaki from:

  • Disclosing or leaking information regarding Tecmo’s game software, sales, development or any other company secrets
  • Using newspapers, magazines and the internet to criticize company software and company employees
  • Obstructing the company’s business through slanderous remarks to third parties
  • Do not accept interviews regarding Tecmo or talk to the press about the company

Seems a little for this though, since Itagaki’s already said just about everything he wanted to say already. I have a feeling this is going to get real ugly before it gets resolved though.

Via Kotaku

Senator Julie Boseman Who Introduced Game Legislation in NC Admits Smoking Pot and Defaulting on Her Mortgage

By Stephany on Wednesday, June 11th, 2008 at 2:14 PM PST
In Game Related Laws, Gamer Life, Games, Games Industry

julia bosemanOh boy. North Carolina State Senator Julia Boseman, who in the past introduced bills to regulate video game sales, has admitted to smoking pot while in office and also admits that she was currently in default on the mortgage for her vacation home. These interesting bits of news have come to light during the separation proceedings between Boseman and her domestic partner.

According to the Associated Press article:

During a child custody hearing in December, Boseman testified she had problems with drugs at the tail end of her relationship with her then-domestic partner. Details of her financial troubles… surfaced last week during a different court hearing, when it was disclosed the couple had failed since last August to make the $7,156 monthly payments on their $1.3 million home… The home is scheduled to be auctioned June 25…

According to a transcript of the December hearing, Boseman said: “In probably September of 2003, is when Melissa walked in, and I was smoking marijuana. At that point, I went to counseling to try to get help with that and other problems.”

Boseman, up for re-election in November, proposed video game legislation in 2005 and 2007 but neither bill was passed. When asked if she plans on running for re-election, she stated:

“After deep personal reflection and professional help, those things are behind me, and I’ve rededicated myself to my family and my work… I have little doubt that my political opponents will once again try to make my private life a public issue… I guess we’ll see in November.”

I take it that means “yes”. First of all, smoking pot is nothing new to politicians. Bill “Slick Willie” Clinton, George “Dubbya” Bush, Obama, and many others have gone on to have promising political careers despite partaking in some chronic – not to mention more “powdery” substances which in my opinion is a helluva lot worse than a bag of beasties. Not that I condone either… I just sayin’….

Plus, the majority of Americans are defaulting on mortgages right now so that should not really pose too much of a threat to her – even though it was a vacation home, not her domicile. Vacation homes are luxury purchase, not a necessity – therefore it may end up hurtting her after all.

Honestly though, who really cares as long as she leaves the gamers alone. It is fine if she wants the sale of violent game restricted to minors (like porn is), but for adult gamers, the more violent and nudity laden it is, the better.

Thanks: GamePolitics

Adventure Game Swiped Textures and Graphics from Oblivion?

By Jonathan on Wednesday, June 11th, 2008 at 1:21 PM PST
In Bethesda, Computer, Game Companies, Game Platforms, Game Related Laws, Gamer Life, Games

limbooblivion1 Adventure Game Swiped Textures and Graphics from Oblivion?

These days, adventure games like the newly released Limbo of the Lost tend to fly under the radar. Unless, that is, they apparently get caught swiping textures and graphics from a higher-profile game. Over at GamePlasma, one of their eagle-eyed reviewers was struck with a strong case of deja vu when he was playing through the adventure game. Namely, he noticed a lot of the game’s environments looked exactly like those in The Elder Scrolls: Oblivion. He even posted several screenshots from both games for comparison, such as the two shown above. It really is hard to deny how almost exactly alike the environments look, from the textures, to the placement of different objects, to having the exact same portrait under the stairs. Other image comparisons even show bookshelves arranged with the exact same objects in the exact some positions. At this time, it seems neither Bethesda nor Tri Synergy (publishers of Oblivion and Limbo of the Lost, respectively) have any comment on the matter. It’ll be interesting to see how this plays out.

Via GamePlasma

Court Transcripts from JT’s Latest Appearance Surface on GamePolitics

By Stephany on Wednesday, June 11th, 2008 at 11:00 AM PST
In Game Related Laws, Gamer Life, Games, Games Industry

jtOh the hilarity! Last week when Jack Thompson was in court regarding his potential disbarment, you may recall that he threw a hissy fit and stormed out of the proceedings.

Today, thanks to the wonderful folks over at GamePolitics, we are able to read the full court transcript which provides us with an inside look at this jester’s antics. I have posted the entire part where Jack is present until he walks out – it is a bit long compared to most of our posts, but it is necessary.

Have a look:

JUDGE = Judge Dava Tunis

JT = Jack Thompson

TUMA = Florida Bar prosecutor Sheila Tuma

JUDGE: Good afternoon, everybody… I trust everyone has some water at their table?… so, for the record, we are here on the matter of the Florida Bar versus John Bruce Thompson… If all the lawyers would like to announce their presence for the record.

TUMA: Sheila Tuma, counsel for the Florida Bar

JT: Jack Thompson, presently a lawyer.

JUDGE: …Miss Tuma, my understanding would be that, pursuant to the rules, you would be going first?

JT: Your Honor, may I please–

TUMA: Yes.

JT: — so that I can state at the appropriate time, which would be now, my objections to this proceeding on the record?

JUDGE: And you have done so through writing –

JT: No. I have to do it here, Judge.

JUDGE: Go right ahead.

JT: May I move the podium?

JUDGE: No. Just everybody leave it in one spot. That’s the way we usually do it in the courtroom.

JT: Can we change that one spot? No?

JUDGE: I’d prefer that you leave it right there.

JT: Nice. Can I pivot it?

JUDGE: Is that what you’d like, sir?

JT: I’m asking you.

JUDGE: Okay. That’s fine.

JT: I was allowed to move it before. I object strenuously, as I have in the past, to the very notion that this proceeding can even occur on various grounds, any single one of which is fatal –

JUDGE: I’m going to interrupt you. Excuse me one moment. Mr. Thompson, this Court has been in receipt of many, many motions which this Court has already ruled on. So this would not be a time for you to simply make a statement.

JT: No, I’m not.

JUDGE: If you wish to state an objection, I will be more than happy to take from you any written motion and then rely upon it. But what I do not want is for you to be making a speech at the beginning of what is essentially a disciplinary hearing where I’m supposed to hear aggravating and mitigating factors. I have addressed numerous motions of your objection. If you have something in writing, I will gladly accept it from you now.

JT: First of all, Judge, so the record is clear — and I heard what you just said and I’m going to abide by it even though it’s in error — you don’t know what I’m going to say, number one. Number two, I have a right to make here today my objection to this proceeding on the record with the additional things I want to say.

JUDGE: And I will be giving you the opportunity –

JT: Excuse me Judge. Just to state my objection to your preventing me from doing what I have a right to do here today, note my objection to your ruling in that regard. Note my objection to the fact that you don’t want to hear my objection, which I have a right to put on the record orally and heaving heard yet another erroneous ruling from you which simply digs your hole deeper — with all respect for at least this Court — let me then give you what I have in writing. May I approach?

JUDGE: Absolutely. Miss Tuma, do you have a copy?

TUMA: No, I don’t.

JT: Let me give it to you. One for the court reporter (handing), one for Miss Tuma (handing), one for the Daily Business Review (handing). Ms. Roberts, try to get the story right this time [GP: Thompson made this remark to DBR reporter Alana Roberts]. Mr. Min, you’re not supposed to be here, but here’s your copy (handing)–

[GP: Barnaby Min is an attorney with the Florida Bar; Thompson has been highly critical of Min in the past.]

JUDGE: Let me just stop you right there. This is going to be a professionally conducted hearing. Whoever is in this courtroom has a right to be here because it’s a public courtroom. I saw you basically throw onto Mr. Min’s lap a motion –

JT: You saw me drop it on his lap because he wouldn’t take it.

JUDGE: Mr. Thompson, he has no requirement to take anything from you. He’s here as a person watching the proceedings… So I’d like us all to take a step back and to conduct ourselves professionally. Having said that, I have now received–

JT: Your Honor–

JUDGE: I have now received a motion entitled “Thompson’s Formal Objection to June 4th Sanctions Hearing” and–

JT: It’s not–

JUDGE: I will read it and when I receive a reply by the Bar, I will rule accordingly; but it’s not going to stop this hearing from going forward.

JT: Nobody wanted to stop the hearing from going forward. Secondly, it’s not a motion, It’s an objection.

JUDGE: Okay.

JT: Thirdly, I’m entitled to give this to Mr. Min, if I feel like it. He wouldn’t take it, so I gently dropped it on his lap. You can mischaracterize what I did if you want to, as you have before. Having stated my objection, Judge, which I wanted to do on the record orally, which I have a right to do, I want to wish you a very good day because I’m done here. Because I want you to understand that I cannot, Judge — Referee, whatever — object to the legitimacy of these proceedings and at the same time participate in them. I understand that. Others understand that. I don’t know whether you understand it or not, but I’m done. I’ll see you.

JUDGE: Are you choosing to walk out of the courtroom?

JT: Absolutely, Judge, because that’s what I should do. If you will read the objections, you’ll see why. You may not understand it, you may never understand it, but that’s what I have to do because of the fact that you don’t even have the authority to sit there. Thank you, Judge.

JUDGE: Have a pleasant day… Alright. Let the record reflect that Mr. Thompson has chosen to voluntarily absent himself from these proceedings and, according to the case law, they are going forward. Miss Tuma, go right ahead…

These are the classic antics of a “man-child” if I ever saw one. To read the rest of this great transcript, hit the link below.

Thanks for Making Our Day: GamePolitics

Florida Bar Recommends 10-year Disbarment for Jack Thompson; Don’t Start Dancing in the Streets Just Yet

By Stephany on Thursday, June 5th, 2008 at 12:12 PM PST
In Game Related Laws, Gamer Life, Games, Games Industry

jtGamers might be happy to know that yesterday a Florida court hearing presided over by Judge Dava Tunis recommended that Jack Thompson be banned from practicing law and be eligible to reapply ten years from now. If this is upheld, Thompson will not be able to practice law in the state of Florida for the next decade, but that does not mean that he cannot in other states where he has applied. It will look bad on him, but not keep him from practicing law elsewhere.

During the proceedings, it was reported by GamePolitics that Thompson first argued over where the podium would be placed and then stormed out of the hearing after the judge said he could submit his 4,500 word objection to the court but not read it aloud. Thompson also claimed that Judge Dava Tunis had “no right to hear his case” before he threw said hissy fit.

Because he left the courtroom, Thompson was unable to argue any mitigating factors to the Bar’s recommendation for disbarment, and Judge Dava Tunis’ recommendation will be included in her official report. The report is due to be submitted to the Florida Supreme Court by September 2.

Over on Kotaku, they have posted the 14-page objection written by Thompson and here is an excerpt:

“I am ‘guilty’ of being right and ahead of the curve when it came to Howard Stern and as to Grand Theft Auto. Because I took on Bar complainant, Al Cardenas, the Howard Stern Show is off terrestrial radio and his influence diminished,” said the soon-to-be-not-lawyer.

“Because I took on this cop-killing, woman-bashing video game, the Presidential race is now addressing the issue and this particular video game. Try to get me disbarred. Go ahead, do your worst, Referee Tunis. I will continue to do my best.”

I completely forgot about the Howard Stern thing. Another reason for me to egg Thompson if I ever see him walking down the sidewalk.

If the Florida Supreme Court takes these recommendation to heart and does indeed disbar him, we still will not hear the end of it – at least until he is disbarred in every state in which he has a license to practice law. Although based out of Florida, he received permanent disbarment from practicing law in Alabama in 2005 according to ars technica. So lets keep our fingers crossed that once he looses in Florida, that will be the end of his law career – however even if that happens, we will probably never be rid of him.

Via: GamePolitics

TECMO Responds to Itagaki Allegations

By Stephany on Wednesday, June 4th, 2008 at 11:41 AM PST
In Game Companies, Game Related Laws, Gamer Life, Games, Games Industry

itagakiAnother soap opera is unfolding within the gaming industry and this time it will most likely not be as comical as the John Romero-Mike Wilson feud. This one promises to get a bit messy.

TECMO has issued a response to Tomonobu Itagaki’s allegations against the company in which he claimed that TECMO had failed to pay bonuses and plans on suing them. In kind, TECMO released a statement this morning which reads:

Our company getting sued by this employee is huge problem… the reasons for making this lawsuit public are self-centered. What’s more, this employee is filing this suit for himself and making it seem like he alone is responsible for the development of the game titles the rest of the Team Ninja staff had poured its heart into.

Team NINJA is currently working on a line-up of new titles. All of Team NINJA is starting to work together on interesting new game titles.

Translated by Kotaku, the statement goes on to mention Itagaki’s sexual harassment suit, the bonuses, promises made by other management, etc. Wow.

Read the rest via Kotaku