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Pitchford interview photo
Pitchford interview

Pitchford: Fans wrong to sue Gearbox over Aliens: Colonial Marines


Also talks why the game failed
Jul 10
// Brett Makedonski
Gearbox Software's 2013 Aliens: Colonial Marines is possibly the best recent example of a game gone completely awry. The reception was almost universally negative from fans and critics alike. The pre-release footage was ...
Killzone goes to court photo
Killzone goes to court

Sony agrees to settlement in Killzone: Shadow Fall lawsuit


Spoilers: The settlement is secret
May 05
// Jed Whitaker
Sony, Guerrilla, and Killzone are no strangers to controversies about graphics, after their E3 trailer for Killzone 2 was complete and utter bullshot. When it came to light that Killzone: Shadowfall's multiplayer uses a cleve...
Vita lawsuit photo
Vita lawsuit

Get your free games, PSN credit, or cash from PlayStation Vita's class action settlement


You have until June 29
Apr 06
// Steven Hansen
Did you buy a PlayStation Vita before June 1, 2012? You might be able to get $25 in PSN credit or cash, or one of three kind of horrible game packages that are all technically valued above $50, thanks to Sony settling in a la...

NVIDIA photo
NVIDIA

Class action lawsuit filed against NVIDIA over GTX 970 card


When keeping it not real goes wrong
Feb 21
// Robert Summa
For those unfamiliar with the plight of the PC master race, there has been an ongoing debacle surrounding NVIDIA's GeForce GTX 970 video card. Users have been complaining that the advertised performance hasn't been up to snuf...
Dictatorsuit photo
Dictatorsuit

Judge tosses former Panamanian dictator's Call of Duty lawsuit


Manuel Noriega will need to find a new outlet for his time in prison
Oct 29
// Steven Hansen
Earlier this year, Panama's former dictator and friend to the CIA Manuel Noriega sued Activision for the use of his likeness in Call of Duty: Black Ops II. Not for defamation of character for portraying him a murderous badman...
Battlefield 4 lawsuit photo
Battlefield 4 lawsuit

Court rules for EA in lawsuit over Battlefield 4 launch


Judge says publisher's optimism did not mislead investors
Oct 23
// Kyle MacGregor
The lawsuit over Battlefield 4's disastrous launch was dealt a serious blow this week. On Monday, a federal judge ruled against shareholders who claim Electronic Arts mislead investors with regards to the readiness of the fir...
Square Enix photo
Square Enix

Square Enix is suing SNK Playmore over manga copyright


High Score Girl
Oct 08
// Brett Makedonski
SNK Playmore recently filed criminal charges against Square Enix, citing copyright infringement. The alleged violation stems from Square Enix's use of SNK characters in the manga High Score Girl. In retaliation, Square E...
Google photo
Google

Google to pay back $19 million for in-app purchase settlement


Parents relieved that they can continue to be irresponsible
Sep 08
// Brittany Vincent
In the latest in-app purchase settlement, the Federal Trade Commission is tasking Google with paying back $19 million to those whose children, against their parents' wishes, spent money on in-app purchases in apps downloaded ...
Aliens: Colonial Marines photo
Aliens: Colonial Marines

Sega outs Gearbox for lying in Aliens: Colonial Marines case


The plot thickens
Sep 04
// Brittany Vincent
Sega has released a statement placing the majority of the blame for the misrepresentation of Aliens: Colonial Marines to customers firmly on Gearbox, especially Gearbox CEO Randy Pitchford. Sega has alleged that Gearbox did i...
LiLo photo
LiLo

Take-Two: Lindsay Lohan's GTA V lawsuit was just for attention


If so, I guess it worked
Aug 27
// Brett Makedonski
Lindsay Lohan recently filed a lawsuit against Take-Two Interactive and Rockstar claiming that they used her likeness in Grand Theft Auto V without her permission. The action's raised quite the collective scoff from...
 photo

Capcom suing Koei Tecmo for patent infringement


Put your guns on
Aug 26
// Dale North
According to a report by Sankei, Capcom is going after Koei Tecmo for patent infringement. Capcom filed a patent in 2002 on the works behind content coming from the combination of new and existing software. Almost 5...
Aliens: Colonial Marines photo
Aliens: Colonial Marines

Sega agrees to settle in Aliens: Colonial Marines lawsuit


Gearbox found crying by the toilet talking about how 'no one understands art'
Aug 13
// Brittany Vincent
Sega of America has tentatively agreed to pay out $1.25 million to settle a class-action suit brought against it and Gearbox Software that claimed the two companies falsely advertised Aliens: Colonial Marines by using fake ga...
Angry Birds photo
Angry Birds

Artist files suit against pet toy company over Angry Birds trademark


Welcome to the confusing world of copyrights and trademarks
Aug 06
// Brittany Vincent
Years before the Angry Birds videogame franchise took the world by storm, pet accessory maker Hartz partnered with Seattle artist Juli Adams to release a line of cat toys going by the name of Angry Birds. A lawsuit filed by A...
Gearbox photo
Gearbox

Gearbox thinks it should be dropped from the Aliens: Colonial Marines lawsuit


Gearbox throws Sega under the bus
Aug 01
// Brittany Vincent
Last year a class action lawsuit was filed against Sega and Gearbox accusing the companies that the press demo shown at E3 of Aliens: Colonial Marines was not indicative of the final product and was misleading. Gearbox has re...
38 Studios lawsuit photo
38 Studios lawsuit

Judge okays first settlement in 38 Studios lawsuit


$4.4 million agreement between Rhode Island EDC and bond attorney approved
Jul 27
// Kyle MacGregor
A judge has approved the first settlement in Rhode Island's lawsuit over the ill-fated $75 million deal that brought Kingdoms of Amalur developer 38 Studios to the state in 2010. The ruling from Superior Court Judge Mich...
Sony photo
Sony

Sony agrees to preliminary settlement over 2011 data breach


With all this identity theft I am racking up a heap of benefits
Jul 24
// Brittany Vincent
Due to a class-action lawsuit concerning Sony's 2011 data breach which led to the theft of names, addresses, and possible credit card data of its 77 million users, the company has agreed to a $15 million preliminary settlemen...
Halo photo
Halo

Bungie settles with Halo composer Marty O'Donnell


$95,019.13
Jul 22
// Jordan Devore
Back in April, Halo composer Marty O'Donnell said he had been terminated from Bungie "without cause," and proceeded to file a lawsuit against the company on May 1. Bungie went on to deny wrongdoing later that month but has si...
More lawsuits photo
More lawsuits

Former Panamanian dictator sues Activision over portrayal in Black Ops II


Who does he think he is? Lindsay Lohan?
Jul 16
// Brett Makedonski
The videogames industry has seen its share of legal actions lately, but the most recent one comes from an unlikely source. Manuel Noriega, the dictator of Panama until 1989, has filed a lawsuit against Activision for appropri...
 photo
I'm pretty sure they also based Franklin on me
Lindsay Lohan has filed a law suit against Rockstar, the creators of Grand Theft Auto V. The suit claims Lohan's likeness is used in the game, without her permission, based on the character of Tracey Jonas. It's a pretty far-fetched claim, and sure not to go far. But it is worth a good laugh.

Lawsuit photo
Lawsuit

Not a joke: Lindsay Lohan sues Rockstar over Grand Theft Auto V


Claims likeness was used without permission
Jul 02
// Jordan Devore
The rumors were true. She's really going for it. Actress Lindsay Lohan has filed a lawsuit against Take-Two and Rockstar Games over a character in Grand Theft Auto V that's said to be based on her likeness without permission,...
Nintendo photo
Nintendo

Philips comes out victorious in Nintendo legal patent battle


A UK court rules that Nintendo did indeed infringe on Philips' patent
Jun 20
// Brittany Vincent
For some time now, Nintendo has been locked in a legal battle with Philips over patents registered back in 2011 regarding gesture recognition and motion control. Philips claimed to have patented these ideas long before Ninten...
O'Donnell sues Bungie photo
O'Donnell sues Bungie

Marty O'Donnell files lawsuit against Bungie for unpaid benefits


Stemming from his termination 'without cause'
Jun 06
// Brett Makedonski
Almost two months ago, longtime music composer for Bungie, Marty O'Donnell, was let go by the studio. According to O'Donnell, the termination was without cause. He may have had his hand forced, but O'Donnell's not going down ...
EA lost lawsuit photo
EA lost lawsuit

Sue-thing: EA owes NCAA players up to $40 million


NC double PAID
Jun 02
// Steven Hansen
In 2009, former NCAA players sued EA, claiming their likeness was used by EA without their consent and without compensation. EA tried long and hard to have the suit dismissed, but was forced to settle last year, for what was ...
 photo

Index's former CEO and President arrested for fraud


Inflating profits
May 28
// Dale North
For falsifying financial records and inflating profits, former Index CEO Masami Ochiai and his wife, former Index president Yoshimi Ochiai, have both been arrested in Japan earlier today, Nikkei reports. Remember how Index wa...

ZeniMax sues Oculus VR for misappropriating trade secrets

May 21 // Jordan Devore
In a press release, ZeniMax said "The suit arises from the defendants' unlawful exploitation of intellectual property, including trade secrets, copyrighted computer code, and technical know-how relating to virtual reality technology that was developed by ZeniMax after years of research and investment. ZeniMax provided this valuable intellectual property to defendants under a binding Non-Disclosure Agreement that specifies such intellectual property is owned exclusively by ZeniMax and cannot be used, disclosed, or transferred to third parties without ZeniMax’s approval. ZeniMax’s intellectual property has provided the fundamental technology driving the Oculus Rift since its inception. Nevertheless, the defendants refused all requests from ZeniMax for reasonable compensation and continue to use ZeniMax’s intellectual property without authorization. "All efforts by ZeniMax to resolve this matter amicably have been unsuccessful. Oculus has recently issued a public statement remarkably claiming that 'ZeniMax has never contributed IP or technology to Oculus.' Meanwhile, Luckey has held himself out to the public as the visionary developer of virtual reality technology, when in fact the key technology Luckey used to establish Oculus was developed by ZeniMax."
ZeniMax sues Oculus photo
You just knew this was coming
The ZeniMax vs. Oculus VR situation has escalated following comments from both sides about how intellectual property and key technology driving the Oculus Rift virtual-reality headset may or may not have been worked on while ...

Wii U photo
Wii U

Philips is out to ban the Wii U from sale in the US


Patent infringement is a powerful thing
May 15
// Brittany Vincent
Philips is making an attempt to get the Wii U banned from sale in the US on the grounds of patent infringement. The electronics giant has accused Nintendo of replicating specific technology concerning navigation via "pointing...
 photo

Oculus responds to ZeniMax intellectual property claims


'We are disapointed but not surprised by ZeniMax's actions'
May 05
// Dale North
For those just tuning in, ZeniMax Media sent a formal notice of rights to Oculus VR and new parent company Facebook over intellectual property claims. Long story short, ZeniMax feels that work that happened with them carried ...
Duke Nukem photo
Duke Nukem

3D Realms asserts it still owns Duke Nukem in Answer to Gearbox's lawsuit


'Round and 'round we go...
Mar 26
// Brett Makedonski
In response to Gearbox Software filing a Complaint against 3D Realms and Interceptor for unauthorized use of the Duke Nukem trademark, 3D Realms (along with Defendants Apogee Software and Interceptor Entertainment) submi...

What was 3D Realms thinking with the Duke Nukem fiasco?

Feb 25 // Brett Makedonski
The entire issue stems from a February 2, 2010 asset purchase agreement in which Gearbox bought the Duke Nukem IP from 3D Realms “except for very limited exceptions.” These exceptions are for the re-issuing of past games, such as the recent release of Duke Nukem 3D on Steam. Outside of that, Gearbox has the rights and control of the future direction of Duke Nukem. Despite this contract being in place, Gearbox alleges that 3D Realms then went and licensed the franchise to Interceptor to create Duke Nukem: Mass Destruction. Gearbox is suing for, among other things, a permanent injunction to prevent this game from being released. It’s difficult to imagine Interceptor as anything more than an unknowing pawn in this entire ordeal -- a developer that thought it was making a legal deal because how should it know the company that was selling something didn’t actually own it? That doesn’t explain the actions of 3D Realms, though. Given the details of the asset purchase agreement, it seems clear-cut that it had no right to make this deal. Did 3D Realms think it was being sneaky and that Gearbox would never find out? Because of the companies’ history of litigation, did it want to try to stick it to Gearbox any way it could, legal ramifications be damned? Is 3D Realms just that hard-up for money that it knowingly brokered an illegal contract to have some cash in the short-term? Unless 3D Realms has a side of the story that’s wildly different than Gearbox’s, it looks like it simply put its middle finger in the air. Again, it’s all conjecture at this point, but how could these actions possibly be explained? This unsavory approach reeks of a developer that had one idea more than a decade ago and can’t move past it. However, even if 3D Realms wanted to sell, why on earth did Interceptor want to buy? The Duke Nukem brand is not in good shape right now. After the throttling Duke Nukem Forever took, there might not be a worse IP to invest in right now. The entire “rude and crude” crutch that the series depends on has aged so poorly that it’s not viable for Duke Nukem to be a successful character in 2014. The majority of the targeted audience for Duke Nuke can be broken up into two camps -- those that grew up with the franchise, and a younger crowd that reacts in kind to its trademark humor. The former has mostly matured beyond what Duke Nukem is willing to offer. That was clearly apparent given Duke Nukem Forever’s reception. The latter has absolutely no allegiance to the brand. They didn’t grow up with Duke Nukem, so the name rings evokes no sentimental emotions from them. There’s a sliver of people still fond of the franchise, but that group’s so small that it’s not feasible to market a large-scale game solely to them. The wise thing for Interceptor to do would have been to create its own IP. That way, it would have been afforded the opportunity to mold a character and world that would have stood a chance right out the gate. Duke Nukem is absolute poison in 2014. It’s going to take a miraculous effort that vastly changes the series’ core tenets to make it relevant again. To boot, Interceptor wouldn’t have had to pay any licensing fees, as frivolous as they may have ended up being. At the end of the day, it seems like Gearbox is going to come out of this one smelling like roses. Although, why didn’t it let Interceptor put out Mass Destruction and then sue for royalties? It surely would’ve been more simple to collect a check than to permanently prevent a game’s release. In the Complaint, Gearbox requests statutory damages as well as punitive damages -- the latter awarded for conduct that is found to be willful and wanton. Gearbox is smart to take this approach, the reasoning being two-fold. First, assuming that it’s successful in its litigation, it’s less of a gamble to seek these damages than to try to take a percentage of what a game sells. No one knows how Mass Destruction could be received, and if it absolutely tanks (which is certainly within the realm of possibility), there might not be much money at all to draw from. Second, by obtaining the injunction, Gearbox gets to maintain full control over its property. Duke Nukem might not have much of a reputation right now, but you’d be hard-pressed to fault Gearbox for not wanting someone else to further screw that up. If I were a betting man, I’d wager that Gearbox knows that neither of these two companies has the type of money to be able to satisfy any sort of judgment that’s awarded against them. With punitives in the mix, it has the potential to be very high. If this is the case, Gearbox is likely posturing itself to be able to obtain the work that’s already done on Mass Destruction in a sheriff’s sale -- similar to what Nintendo recently did. The saga of this game is probably far from over, and I’d be surprised if we don’t eventually see it released under Gearbox’s banner. We’ll have to wait a while for the court proceedings to play out before we know what kind of resolution this ultimately has. The preliminary evidence all points in Gearbox’s favor, though. However, this could’ve all been avoided if 3D Realms and Interceptor hadn’t made such terrible decisions in the first place. Poor showing, guys.
Duke Nukem lawsuit photo
Interceptor's not off the hook either
With this week’s news that Gearbox Software has filed a lawsuit against 3D Realms and Interceptor for unauthorized use of the Duke Nukem property, it raises the question – exactly what the hell are 3D Realms and I...

Farts 'N' Crafts photo
My mom's gonna hang this on the fridge.
Following up Friday's debut of "Dumb Idiot Ideas," here's the first episode of another weekly series: "Farts 'N' Crafts." On this show, I draw horrible pictures of things vaguely related to what's going on in the world of vid...


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