legal-issues
Latest
German consumer advocacy group accuses Blizzard of deceptive marketing with Diablo III
The debate over Diablo III's always-online requirement doesn't seem to be over for a German consumer advocacy group. The Federation of Consumer Organizations is officially claiming that Blizzard Entertainment used deceptive advertising when marketing Diablo III and has given the company until July 27th to respond to these claims. If no response is received, the group will be taking Blizzard to court over these practices. This is in addition to a class-action lawsuit being organized by Korean internet cafe owners over the game's non-functional status following launch. Diablo III's current packaging states that players must be online to access Battle.net, but it does not specify that accessing Battle.net is a requirement of continuing to play the game. The outcome of these particular grievances could have a great deal of influence on the implementation of always-online services in the future, but it's unclear what Blizzard's response (if any) will be to this particular complaint.
EU ruling forces digital distribution to allow game transfers, may lead to legal account sales
If you're completely done with your account for a game, you may be tempted to sell it... but doing so usually nets you the wrath of the publisher and a ban on the account, rendering it useless. But that may be changing in the near future. The Court of Justice of the European Union ruled today that publishers must allow the resale of digital licenses for software by the user, regardless of what was stated in the original EULA for the game. While the precise wording might be confusing for those members of the audience not versed in legalese, the upshot is that services such as Steam must allow a way for users to sell their existing games to others, even if the EULA forbids it. This precedent could easily extend to resale of game accounts, since the key used to activate your Star Wars: The Old Republic account qualifies as a license enabling play of the game. No word yet on whether or not this will extend to the US, where many of the game companies in question are based.
Stargate Worlds is not resting in peace as new lawsuit emerges
Travel back two years to when Cheyenne Mountain Entertainment was filing for bankruptcy and (unsuccessfully) attempting to sever ties with Gary Whiting, Chairman and CEO of the company. Stargate fans watched as their hopes for an MMO were dashed. Fast forward to present day, when Stargate Worlds appears back in the news. Unfortunately for fans, it has nothing to do with offering a sliver of hope that the game itself might also revive; instead, more lawsuits are being filed against Whiting and other Cheyenne employees. The newest lawsuit filed in Arizona includes 17 plaintiffs who accuse Whiting of misleading investors in various ways to obtain their cash. Some of the allegations leveled at Whiting include "negligent misrepresentation, breach of fiduciary duty, common-law fraud and securities fraud"; he's also accused of issuing loans to himself from the company's funds -- money that may still be in Whiting's possession, according to Cheyenne Mountain's court-appointed receiver, Keith Bierman of Phoenix-based MCA Financial Group.
Academic talks MMO legalese and virtual property rights
Virtual item ownership has been a hot topic in MMO circles for a number of years now. Every so often, an academic will publish a paper regarding the legal and societal implications of trading real currency for fake goods, and the latest such academic is Rutgers University law professor Greg Lastowka. Lastowka examines a number of high-profile virtual goods disputes (including one that ended with the real-world stabbing death of a virtual thief who sold a rare sword after "borrowing" it from a friend). The piece also provides some interesting food for thought in the form of nightmare legal scenarios run amok (nerf patch lawsuits and legal action for server shutdowns are just two examples). You can read the full article text at Gamasutra.
Bethesda appeal denied for Fallout Online, work continues by Interplay
Are you enjoying the game of Fallout Online? No, not the actual online game in which you adventure in a shattered wasteland, but the constant back-and-forth between Interplay and Bethesda over which company is allowed to work on the development. The game has been tied up in court for roughly forever, with Bethesda trying to block Interplay's further development via legal tactics, and while the first injunction was denied, the studio appealed to have the development halted. It turns out that the courts remained firmly on Interplay's side, however, as the appeal has been denied and Interplay is in the clear to continue developing the game. Unfortunately, the game will still require express permission from Bethesda to launch, meaning that there's still no end in sight to the legal fighting and name-calling by both companies. For the time being, all that fans of the franchise can do is wait and see... assuming that Interplay remains financially able to develop the game after all.
Undead Labs publicly announces profit-sharing plan
It's been a few months since we heard the first details about the upcoming zombie game from the appropriately named Undead Labs, but the most recent news from the official site doesn't cover the game directly. Instead, it covers something that should be far more interesting to people who follow the industry as a whole or those who work with the company. It's the official profit-sharing plan for the company, and not just the net benefits -- the whole thing, in full legal terms, available for anyone to read. As Jeff Strain puts it, he doesn't want the company to work along the lines of many larger studios, where executives reap the benefits of a successful game and employees are lucky to see any of the profits. The complete transparency of both the plain language and detailed legal version of the sharing plan is apparently against the advice of the corporate lawyer, but Strain considers it a move that he'd prefer to see other studios copy. Considering the references to the Activision/Infinity Ward fiasco earlier this year, it certainly couldn't hurt to have a bit more developer and corporate accountability.
World of Warcraft in China remains hopelessly mired
In much of the world, current complaints about World of Warcraft center around the resolution of the storyline of the latest expansion and whether or not it's had a negative effect on MMOs as a whole. In China, current complaints about World of Warcraft are more focused on the fact that the game is still mired knee-deep in government infighting to try and make it playable again. After the last salvo, it seemed as if an end was close in sight... but as it turns out, NetEase has been forced to suspend any new player registrations for a week. The studio is re-applying for a license to host World of Warcraft: The Burning Crusade, with no mention being made of Wrath of the Lich King, which doesn't bode very well for the hopes of that expansion ever seeing release in China. Having been stuck in the middle of two squabbling agencies for quite some time, and with no clear resolution in sight, it seems like a stretch to assume that the expansion will be released in China before the next one is due to arrive stateside. Our condolences to Chinese players affected by the latest round of bickering, and we can only hope that this long struggle will soon come to a conclusion.
