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Law of the Game on Joystiq: The 'Zombie Suit'
Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games: We're here today to discuss the greatest threat to the world as we know it: Zombies. Or, rather, how that particular threat has become the topic of a lawsuit over who controls said brain-eating, reanimated corpses. Before I start commenting on the suit, I have to put forth this bit of a disclaimer: I'm not privy to the court documents, and my commentary is purely speculative. That being said, there are a lot of problems with this suit from a theoretical standpoint.The suit cites, specifically, both trademark and copyright claims. I have my doubts about either claim being successful, but I'll begin with the trademark issue. For those not familiar, intellectual property law has three major areas that involve Federal registration in the US: patent, trademark, and copyright. In short, patents protect ideas, trademarks protects brands, and copyrights protect expressions. The trademark claim, then, likely involved some issue of dilution or confusion between George A. Romero's 'Dead' movie series (specifically Dawn of the Dead) marks and the 'Dead Rising' mark. Without some pretty substantial evidence, I don't think MKR group has much of a case based on this claim.
V-Day to come to Second Life: sadly not entirely smooth sailing
You may or may not have heard of V-Day. It is an international day of activity with the aim of stopping violence against women. If you have never heard of the protest day before, you have almost certainly heard of its most famous fundraising activity: the Vagina Monologues.A group of women in Second Life decided to stage the Vagina Monologues as part of fundraising activities for V-Day. They correctly approached vday.org, and were given permission to perform. Then things got messy. According to Lillie Yifu's excellent (but frequently NSFW) blog 2nd Sex HBO hold the copyright for broadcast versions of the play, and claim that Second Life is a broadcast rather than a theatrical performance medium. Whilst I can see their lawyer's point, I rather think they've missed the wider point of just why they are looking to do this.However, happily, all is not lost. The organisers have decided to host their own event, called In the Pink. If you would like to know more about this and get involved, or write for it there is a meeting on Tuesday 30th at 6pm SLTime in the VLS theatre sim.
Microsoft hit with $2.4 million copyright suit in the Philippines
In an unusual situation for a company so vocal about protecting intellectual property rights, Microsoft is being sued for allegedly distributing material copyrighted by a Philippine college -- despite the fact that the material in question seems to have only been given to fellow educational professionals. Southeastern College in Pasay City is suing Microsoft and Microsoft Philippines for 100 million Filipino pesos ($2.4 million) for handing out at least 700 CDs in 2005 and 2006 containing the 379-page "SEC Microsoft Office XP Manual," which had been copyrighted by SEC director Conrad Mañalac in 2005 (although work on it reportedly began in 1999). Apparently 10,000 copies of this same manual had previously been licensed from the school by the company in 2004, and retitled for use in a program to train high school teachers. For its part, Microsoft Philippines denies having "improperly distributed additional copies of the curriculum," although it's a little unclear what the company's actual position is, with the following statement -- emailed to the Inquirer.net -- seeming to indicate that the primary concern right now is protecting the mothership: "They brought this matter to our attention a year ago and we worked hard to resolve it, but without success. For all intents and purposes, this is a purely local matter which does not involve Microsoft Corporation." Um, okay, whatever you say. We'll be interested to see if / how Redmond responds to this one...[Thanks, Mark]Read - Microsoft suedRead - Microsoft issues response
Photographer drops suit against Apple for lifting images in advertising
It's not clear whether or not a settlement agreement was reached, but photographer Louis Psihoyos, who sued Apple over what he claimed was an infringing use of his "wall of video" image (pictured) in marketing materials for the Apple TV, has dropped his suit. The suit was dropped with prejudice, which means a settlement is likely, but neither party is commenting on the matter. Either way, let's hope Apple is a little more judicious in appropriating art for advertising in the future.
Guide Hawk, and intellectual property - Linden Lab responds, sort of
After Aimee's post on the actions of Guide Hawk (or guidehawk_ltd) with respect to using resident's imagery to promote his guide book, I asked Linden Lab about Guide Hawk's claim that he paid and has authorization from Linden Lab for use of the material and their name for promotion of his auctions. Linden Lab's response was - well, they declined to answer the question.
Intellectual property: If it's not nailed down ...
A person who operates under the name Guide Hawk or guidehawk_ltd has been marketing Second Life related goods on eBay by using an array of images taken from other users. But here's the kicker ... he has watermarked these images and defends them as his own! Some examples include Khamindie by Arahan Claveau and an image by Lena Kennedy. Not the least of this person's victims is Linden Lab itself, whose trademark logo is used to promote the products without the "No infringement is intended" notice required of any website or blog that uses the logo which might cause brand confusion. A simple misunderstanding? Well Lena Kennedy contacted Guide Hawk and by his response it would seem Guide is sticking to his guns. Here is what he had to say:
Second Lifers sue over item theft
According to the New York Post, A group of Second Lifers are suing Thomas Simon, aka Rase Kenzo, a 36 year old Flushing, NY resident for copyright violations. The plaintiffs in the suit are: Kevin Alderman of Florida; Shannon Grei, of Oregon; Linda Baca of Indiana; Teasa Copprue of Michigan; Kasi Lewis of Georgia; and Michael Hester of Virginia. Grei supports herself through item sales through her Second Life store -- for the uninitiated, Second Life allows users to "cash out" their in-game currency, called Lindens, for real-world currency.There's two issues here -- and this is a good time to mention that not only am I not a lawyer, I don't even play one on TV -- the alleged copyright infraction and the methods used by the plaintiffs to gain their evidence. Because the plaintiffs found their evidence by entering his SL home uninvited, he feels U.S. search and seizure laws should apply. However, at the time of this writing, I am not aware if Simon has filed a counter-suit.Second Life allows content creators to place restrictions on objects they create: you can set them to be unmodifiable, non-transferrable, and non-copyable. Allegedly, Simon used an exploit to break the permissions and re-sell the items. VintFalken offers some technical insight on the matter (potential NSFW links).
Nokia Music Store launches without Warner Music due to file sharing fears
Notice anything missing from the Nokia Music Store launched yesterday? How about Madonna? According to the Wall Street Journal, Warner Music Group -- yeah, that guy -- is withholding their goods due to concerns with copyright abuse at Nokia. No, not with Nokia's Music Store but with their seemingly unrelated MOSH (MObile SHaring) file-sharing service. The other three majors -- Universal, Sony BMG, and EMI -- are all playing nice, however. A Nokia spokesman confirmed the absence stating, "we are hopeful that Warner will be part of Nokia Music Store in the future." Who knew that Madonna could be used like a big stick?
YouTube copyright protection system unveiled
Yesterday YouTube unveiled YouTube Video Identification, a system designed to prevent copyrighted videos from making their way onto the site without the consent of the owner. Rather cunningly, YouTube requires that content owners send in a master copy of all their copyrighted content -- y'know, so they can cross reference it against uploads (nothing to do with Google's aim of indexing everything, ever ... no.) Any data that matches the reference data can be deleted automatically, but only if the content owner says so. According to YouTube chief counsel Zahavah Levine, there will be a way for content owners to set it up so YouTube can scan content on other servers -- removing the requirement for a master copy to be uploaded to YouTube -- although Levine said that method "would be more difficult." For who, Google, or the TV and movie studios?[Thanks, Michelle]
Canadian iPhone delayed by trademark dispute?
Mirroring the premature trademark dispute surrounding the launch of the Cisco iPhone in the US, Apple's Canadian launch of its respective iPhone could be delayed due to a trademark dispute with a product that shares the same name as Apple's gadget. Comwave Telecom in Toronto owns the trademark rights to the name "iPhone" in Canada for use on its VoIP products and services, and has filed a complaint with the Canadian Intellectual Property Office over Apple's application for the trademark rights of the name for its future Canadian version of the iPhone. Sounds like a case of how much Apple is willing to pay, or how long they're willing to delay.
Scottish firm sued for blaring radios, infringing copyright
Sure, you may get yourself a ticket from local police if you roll around with that in-car stereo cranked, but at least you're not being sued for £200,000 ($407,680). Unfortunately for the Edinburgh-based Kwik-Fit automotive repair center, it actually is being taken to court for that astronomical amount by the Performing Rights Society, which "collects royalties for songwriters and performers." The PRS alleges that "Kwik-Fit mechanics routinely used personal radios while working at locales across the UK and that music, protected by copyright, could be heard by colleagues and customers." Astoundingly, Lord Emslie ruled that the case could actually be heard, so we guess we'll be relying exclusively on headphones from here on out.[Via Slashdot]
The eye of Apple is watching, issuing takedowns
It's beginning to look as though Apple's kinda-sorta "hands off" approach to iPhone hackers turns a bit more "hands on" when it comes to the iPod touch. According to reports, a hacker named "Martyn" had gotten a broken touch, which he was planning to dump the NAND data from so that efforts to create 3rd party applications for the device could be sped up. Apparently, while uploading the data to a private folder on his site, his ISP showed up on the scene and killed the transfer... all at the request of Apple, who (rightfully so) let them know that sharing the code was a copyright infringement. Of course, the interesting news here is that Apple seems to be very actively monitoring channels where all this warranty-voiding software manipulation is being planned and discussed. So next time you're going to reverse engineer one of its products -- keep it quiet.
NBC to offer content, DRM via NBC Direct
The latest news in the NBC/Apple battle? NBC is going to make their own iTunes. With blackjack! And women! In fact, forget the blackjack and the women-- they're calling it "NBC Direct," and a brand new player (not available on Mac for a little while, go figure) will be used to download and play television shows just as soon as they finish airing on television.Sounds cool, right? What's the catch? The player is NBC only, and heavy DRM in there keeps it from playing anything else at all, including that scary "stolen copyrighted material." If you're going to use their player, you'll have to watch their shows, or else. I'd make a prediction that someone will hack it to play other stuff, but frankly, who cares. If NBC wants to go play in their own (non-Mac pool) let 'em, I say.They also say that, in the future, they may even offer download-to-own, rental, and subscription business models. If only there was a well-designed, very established and compatible, widespread piece of software out there that let them easily do that right now. Oh well. Good luck, NBC. Say hi to Tina Fey for me, and tell her I'll see her on bittorrent.[via MacRumors]
How not to download iTunes Store tracks or previews for Ringtones
We've just received word via Engadget that you may not use iTMS-purchased music or previews as ringtones. Engadget's awesome Nilay Patel addressed the issue this morning, clarifying that although you can legally install ringtones ripped from your personal CDs, iTMS tracks and previews are off-limits. He writes that the iTMS EULA prohibits the use of downloaded files as ringtones, probably due to its contracts with the music industry. Music ripped from CDs, however, are not derivative works and do not infringe copyrights.
Second Life sex program lawsuit
A sex program for virtual world Second Life has forced its owner to hire real-world lawyers to hunt down the identity of a person who has been allegedly reselling his work. Kevin Alderman, who created the sex program and owns Eros LLC, makes realistic genitalia and creates sexual moves for Second Life citizens. He's been doing it for about four years now. An avatar named "Volkov Catteneo" stole the code Alderman created and has been reselling it. When Alderman confronted the avatar, the person behind it said, "What are you going to do? Sue me?" And that's exactly what Alderman is trying to do.Linden Labs, who owns Second Life, says they are unaware of any other real-world litigation going on between customers of the game. The key to this suit is that items created by users in the game are "owned" by them, along with the copyright. Although this suit involves the titillating concept of sex, it's your run-of-the-mill copyright infringement and theft story. Alderman's suit does not specify damages but his lawyers are currently subpoenaing PayPal records and putting together the virtual paper trail of theft. Fred von Lohman, a lawyer for the Electronic Frontier Foundation, locks it up saying, "This seems like a relatively straightforward case. It sounds like there is a real copyright issue."
RIAA demanding XM-Sirius pay higher royalty rates
In the unceasing feud between the RIAA and satellite radio, the agency has rekindled the fire by encouraging the FCC to "require the merged companies to pay higher royalty rates to the record industry." Reportedly, the RIAA argued that the firms were "no longer new, struggling companies that could get away with paying below-market rates," and further salted the wound by insisting that the FCC "make clear that its approval of a merger was conditioned upon the continued protection of sound recordings from unlawful infringement." Of course, a number of senators have already voiced their concern for more limitations on satellite radio streams, but unsurprisingly, it seems like the RIAA wants these lofty wishes to become reality (and in a hurry).
AllOfMP3.com finally shut down, replacement already launched
It never looked like those crazy semi-pirates over at AllOfMP3.com would stick around long, and indeed, after a couple years of legal struggles, the site has finally had its plug pulled. Despite the site supposedly barring Russia from WTO entry, and high profile lawsuits filed on behalf of the record labels, it's not clear at this point whether AllOfMP3 was shut down due to an internal decision or an external mandate. Unfortunately for copyright holders, the MediaServices folks behind AllOfMP3 aren't exactly changing directions: they've merely opened up a practical mirror image of AllOfMP3.com over at MP3Sparks.com, and are keeping up with their nefarious ways.
Verance rolls out audio watermarking for HD DVD / Blu-ray
It's been so long since we've heard anything serious about audio watermarking that we were beginning to worry, but for the hackers up for yet another challenge in the realm of high-definition film, your brief wait is (nearly) over. Verance Corporation has just announced the immediate availability of its audio watermark technology for licensing by manufacturers of Blu-ray and HD DVD players and components, which means that users will likely face another layer of content protection when trying to free their movies from the bondage of DRM. No word just yet on a timeframe in which this stuff will actually make its debut, but it is noted that the AACS is "is expected to release final license agreements requiring the inclusion of VCMS/AV detector technology in HD DVD and Blu-ray players in the coming months."
Publishing exec 'steals' Google laptops in silly demonstration
We can't say that we'd recommend a CEO steal property from Google in order to prove a point, but the head honcho of Macmillan Publishers pushed his superego aside and did just that at a recent BookExpo America in NYC. It's no secret that a number of publishers have been up in arms about Google's approach to digitizing their works, but Richard Charkin went so far as to recruit a colleague and swipe a pair of laptops from a Google Books kiosk at the event. About an hour later, the booth attendants actually noticed the missing goods and presumably began to panic, and the haughty executive then had the nerve to return the machines to their rightful owners whilst dropping the "hope you enjoyed a taste of your own medicine" line. He justified the bizarre behavior by suggesting that "there wasn't a sign by the computers informing him not to steal them," apparently referencing Google's controversial tactics when scanning books. That'll show 'em, Mr. Charkin.[Via TechDirt]
Hitachi and Oracle introduce anti-piracy tags in China
Considering the sensational amount of knockoff gadgetry and counterfeit software that manages to emerge in China, it's only surprising that it has taken this long for a company (or two) to unveil a legitimate solution to at least curb the amount of black market goods that leave the country. Reportedly, Oracle will be teaming up with Hitachi to "jointly market wireless IC tags in China that can be used to identify whether products are real or not," meaning that tagged goods can now be easily identified as authentic when placed over a reader. The tags will be made and distributed by Hitachi and the duo of firms will promote the usage of said anti-piracy measures with the Tokyo-based Ubiquitous ID Center which issues and manages IC tags. Initially, the tags will purportedly be used with tickets for the upcoming Beijing Olympics and Expo 2010 in Shanghai, but there was no word on any planned rollouts or potential takers outside of these two events. Still, for Japanese wares makers that operate in China, ¥10 ($0.08) a pop for these piracy-thwarting tags sounds like an awfully fair deal. [Warning: Read link requires subscription][Via Yahoo]
