licensing
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Twitter buys hundreds of patents from IBM, ending legal spat
IBM's the biggest patent holder of all time, and when it comes to defending them, it tries to work things out amicably. That's exactly what's happened with Twitter, after the social giant today announced it has bought 900 patents from Big Blue and entered into a cross-licensing agreement to limit the threat of future lawsuits. The move comes after IBM accused Twitter of infringing three of the company's patents concerning: "efficient retrieval of uniform resource allocators," "presenting advertising in an interactive service" and "programmatic discovery of common contacts." IBM noted at the time that it would rather talk it out instead of lawyering up, while Twitter claimed it could defend itself against IBM's allegations. Thankfully, it didn't move from the boardroom to the courtroom and the two parties have signed a deal that will provide Twitter with "greater intellectual property protection" and "freedom of action to innovate," meaning it's business as usual for users.
Samsung throws money at Ericsson to end smartphone patent war
We prefer it when companies make devices, not courtroom drama, so it's delightful to see that Samsung has silenced another one of its litigation-frenemies this morning. The company has signed a cross-licensing agreement with former Sony beau Ericsson, with a figure of around $650 million being paid up-front, and an undisclosed regular payment to follow. Now that Samsung has appeased both Google and Ericsson, let's hope we can get back to reporting on gadgets, or else we may have to rename this place Enlawsuit. [Original image credit: Wikipedia]
Google and Samsung agree to license each other's patents for 10 years
It's no secret that Google and Samsung need each other given that Samsung dominates Android device sales. It only makes sense, then, that the two companies have just struck a deal to license each other's patents for the next 10 years. In addition to accelerating product research, the agreement should reduce the chances for future patent lawsuits. The move suggests that Samsung isn't keen on burning any bridges -- even if it starts drifting away from Android, it should remain in Google's good books.
SoundCloud reportedly in talks with record labels to stem copyright claims
Both listeners and uploaders would likely agree that SoundCloud is becoming the main hub on the internet for user-created audio content. However, it seems as if the company may be looking to grow beyond that. According to Re/code, SoundCloud has started approaching "big music labels" in hopes of landing licensing deals for "some of their songs." While a number of copyrighted tunes can already be found on the site (see above), the music labels still have full control and can easily take down any media that isn't supposed to be there. For SoundCloud users, this would signify having access to a more robust library of songs from known artists, while the record companies would benefit by taking a chunk of money in exchange for a licensing agreement. It could be a bold move for SoundCloud, but with investors recently showing they have quite a lot of faith in it, perhaps the service isn't far off from coming to terms with the almighty music labels.
Google Image Search makes it easier to sort results by licensing rights
Google Image Search has allowed users to filter results based on how they're licensed since 2009, but the option remained hidden under an advanced options menu where few users ever look. Now, a request by law professor and Creative Commons founding member Lawrence Lessig has changed that. Bing added the option to filter by licensing rights last July with placement front and center, and Googler Matt Cutts tweeted that his company's search engine has a similar option, shown above. Perfect for bloggers in a hurry (cough) or anyone looking to whip up an image for a new meme, it can pick out images labeled for reuse, reuse with modification, or commercial variants of either.
MLB 2K baseball series canceled
2K Sports has officially canceled its MLB 2K baseball game series. A 2K representative told Joystiq today that it has "decided not to renew our MLB 2K series for 2014. We are very proud of the achievements made by the MLB 2K team and look forward to their contributions to our future titles, including NBA 2K - our industry's #1 rated and #1 selling basketball franchise." The final game in the series was MLB 2K13, a game that was panned critically for its stark similarities to its predecessor, MLB 2K12. The confirmation of the series' closure comes after the publisher took steps to remove the brand from its various pages – an indicator that it no longer has the appropriate licensing obligations to fulfill. As pointed out by Pastapadre, 2K Sports recently took down its Facebook page for the series, videos from its YouTube page and forwarded each landing page for games in the series to its global 2K website. Of the few MLB-branded pages that remain are a few of the game's online manuals, though it's uncertain how long those will be available to view. Being that 2K Sports was the only company delivering a simulation baseball game for Microsoft's Xbox 360, thanks to an exclusive third-party licensing agreement it signed with the MLB, the Xbox One will be without a Major League Baseball game for the time being. The MLB: The Show series is developed by Sony's San Diego studio, which will launch MLB 14: The Show this spring on PS3, PS4 and Vita.
TuneCore explains music-based YouTube claims
Following music-related copyright claims on Terry Cavanagh's trailer for his own game, VVVVVV, as well as composer Magnus Pålsson's discovery that he was getting copyright claims on his own music, music distributor TuneCore has released an explanation for its role in the situation. Both Cavanagh and Pålsson stated that the claims were made by YouTube music network INDMUSIC, which Tune Core has partnered with to license music involved in its publishing deals. TuneCore's post explains that when artists sign a publishing deal with TuneCore, they are granted "the right to collect the royalties [their] compositions earn when they're downloaded, streamed, and used around the world." This includes usage on services like Spotify and YouTube. The same post offers a step-by-step walkthrough for artists that wish to have their channel whitelisted so that it's not monetized by TuneCore and INDMUSIC. However, TuneCore notes that even if artists whitelist their personal accounts, "TuneCore and INDMUSIC will still monetize other people's videos on YouTube that use your music, and you'll collect that money. Unfortunately, it sounds like Pålsson's desire to allow Let's Plays and reviewers to use his music without collecting revenue isn't compatible with TuneCore's publishing deal, even if he whitelists his own channel.
NCAA sues EA over likeness settlement [Update]
The NCAA has sued Electronic Arts and the Collegiate Licensing Company over its proposed settlement with student athletes from late September, Bloomberg reported. The $40 million settlement was in regards to the use of student athlete likeness, an ongoing legal dispute that stemmed back to May 2009. As a result of the string of lawsuits, EA canceled its college football game that was set to launch in 2014, which started with the NCAA's decision to not renew its licensing contract with the publisher in July. Filed in a Georgia state court on November 4, the lawsuit from the NCAA alleges that EA did not agree to compensate the NCAA for losses related to legal claims from student athletes, and that the publisher did not have liability insurance to do so. EA's proposed $40 million settlement would negate the company's contractual obligations to idemnify the NCAA for any liability and attorney fees related to the lawsuits. We have contacted both EA and the CLC for comment. Update: A Collegiate Licensing Company representative told Joystiq that "CLC is caught in the middle of a dispute between NCAA and EA which should not involve us. CLC has valued relationships with both the NCAA and EA and while we hope they can soon resolve their dispute, we see no reason for CLC to be involved." The NCAA has declined to comment on the story. Update #2: EA has also declined to comment on the story.
EA not pursuing games based on new Star Wars movies
While Electronic Arts plans to take the Star Wars series to "many different genres across multiple platforms" over the course of its exclusive licensing agreement with franchise owner Disney, EA chief financial officer Blake Jorgensen noted that the company will not produce games based on the upcoming Star Wars film sequels. Jorgensen detailed the company's plans for the license during his presentation at this week's UBS Global Technology Conference in Sausalito, California. He additionally revealed that EA's licensing agreement with Disney extends over the next ten years. "We've done movie games over the years and we wanted to make sure that we weren't doing a movie game, i.e., game based on the movie," Jorgensen said, as transcribed by Seeking Alpha. "The beauty of the Star Wars franchise is that it's so broad and so deep, you don't have to do a movie game, you can do a game that's very focused on the world that's been created around Star Wars." Jorgensen went on to call the partnership between the two companies "a fantastic deal," explaining that EA will leverage Disney's marketing tied to the Star Wars movie sequels, even if no film-specific games are in the works. EA's DICE studio is currently developing a new entry in the Star Wars Battlefront series, due for release in 2015.
Tiger Woods 'in negotiations' with another publisher for video game rights
Since pro golfer Tiger Woods' name and likeness are no longer attached to EA's Tiger Woods PGA Tour golf series, he is free to explore deals with another publisher. That is exactly what Woods' agent Mark Steinberg is doing, as he is currently "in negotiations with another company regarding Woods' video game rights," ESPN reported. EA announced earlier this week that it was parting ways with Woods following a report in April that Tiger Woods PGA Tour 15 wasn't happening. The publisher will maintain a licensing partnership with the PGA Tour for future golf games.
Tommo denies breach of contract, will continue selling Neo Geo X plug-and-play console
Tommo Inc. has responded to SNK Playmore's recent termination of its licensing and distribution agreement over the Neo Geo X Gold retrogaming console, claiming that no breach of contract took place. Tommo will continue selling the Neo Geo X handheld unit, its companion plug-and-play console, and all related accessories at retail. Noting that the two companies recently extended their licensing agreement through 2016, Tommo now demands SNK to "retract its press release and any attempts to terminate the license agreement." Though SNK advised customers to contact retail sources for Neo Geo X Gold returns and exchanges, Tommo announced that it will continue to provide customer service and warranty support for the unit and its games. Debuting late last year, the Neo Geo X Gold is a portable console and plug-and-play unit that includes several games originally released for SNK's 16-bit Neo Geo system. Tommo followed up the console's launch with five additional game pack releases, expanding the system's library to more than 30 games.
Samsung may have spied on sealed Apple-Nokia documents to aid patent deals
If you're going to horse-trade on patents, it might help to know how much other companies have paid for them, no? Samsung has now been accused of corporate spying for exactly that purpose. The company's legal negotiator, Dr. Seungho Ahn, apparently told Nokia that its terms with Apple "were known to him," despite the fact they were marked "highly confidential -- attorneys' eyes only." This means they should have been for Samsung's outside counsel only, and strictly off-limits for gaining leverage in any negotiations. Court documents show that up to 50 Samsung employees were given non-redacted copies of Apple agreements with not only Nokia, but Ericsson, Sharp and Philips, too. Samsung denied any wrongdoing, saying that "such a violation can only occur willfully" and denied the need for further discovery. Still, US judge Paul S. Grewal ordered Samsung to release selected documents and emails to Apple and provide testimony from Dr. Ahn. The result of that will determine the severity of any sanctions, and perhaps make Dr. Ahn regret another thing he told Nokia: "all information leaks."
Getty Museum makes 4,600 high-res images free to download with Open Content Program
Journalists and news consumers alike may be familiar with the Getty name -- Mark Getty founded his namesake stock photography company in the 1990s, and Getty Images is responsible for distributing thousands of photographs every day. But many Southern Californians best know the family for its contributions to the J. Paul Getty Museum, which houses an enormous collection of art at two locations in Los Angeles. It's that latter institution that's making waves today, opening up its digital collection for anyone to view, download, modify and publish, free of charge. The Open Content Program enables access to 4,600 (and counting) high-res images, such as the photograph posted above. The organization's only requirement is that artwork be accompanied by an attribution line, such as the one published below. [Digital image courtesy of the Getty's Open Content Program.]
EA inks exclusive deal with Barcelona for FIFA, PES gets Argentinian teams
When you think about soccer, FC Barcelona is one of the teams that likely comes to mind, especially because its forward, Lionel Messi, is arguably the best player in the world and co-cover athlete for FIFA 14. EA Sports certainly recognized this when it announced this morning that it settled on a three-year exclusive agreement to become the "official video game partner" of the soccer club. With the partnership in place, EA captured 3D head scans of 17 Barcelona players for use in FIFA 14. Meanwhile, Konami recently announced an agreement to bring 20 soccer teams from the Argentinian Football Association to Pro Evolution Soccer 2014. The license isn't on an exclusive basis according to Konami's announcement. The list of 20 AFA teams to be officially licensed (featuring correct kits, logos and team colors) for the game can be found after the break. Local Argentinian Fox Sports announcers Mariano Closs and Fernando Niembro will also be included in the game.
FIFA 14 will have 19 'authentic' Brazilian teams
EA Sports announced that it reached licensing agreements with 19 soccer clubs in Brazil today, and will be bringing those teams to FIFA 14 this year. FIFA 13 had 20 Brazilian teams, but not all of them were exactly "real." Unlike the English Premier League, Brazilian league team licenses are negotiated on a team-by-team basis. FIFA 14 will include 19 authentic teams, "meaning authentic kits, club name, crest and real players," an EA representative told Joystiq. "However, unlicensed clubs can still feature in-game under our FIFPro license which enables us to use real player name/likeness," EA added. So of those 20 Brazilian teams in FIFA 13, a handful were unlicensed clubs. That means fully-licensed teams such as Internacional, Nautico and Ponte Preta in FIFA 14 were seen as I. Porto Alegre, N. Recife and P. Campinas in FIFA 13. "We call these clubs 'art generic' because an artist makes the kit/crest look very similar. Football fans know the difference," EA said. FIFA 14 will only include clubs from the Campeonato Brasileiro Serie A league (the top league of three within Brazil's professional soccer system) with the exception of Palmeiras, a popular team that was recently relegated to Serie B. EA does not have licensing agreements in place for use of team logos and kits for two Serie A teams that were in FIFA 13 and Konami's Pro Evolution Soccer 2013, EC Bahia and SC Corinthians. The publisher is still in negotiations for "additional club and league licenses and will have more announcements to make." FIFA 14 is due out in North America on September 24, and will also come to PS4 and Xbox One later this year.
NCAA won't renew contract with EA [Update]
The NCAA will not renew its contract with EA, the NCAA announced. The current agreement between EA and NCAA expires in June 2014, but NCAA Football 14 "will be the last to include the NCAA's name and logo." The news comes one year after EA filed a $27 million settlement in a class action lawsuit dating back to 2008, which also stipulated that EA could not renew its current exclusive license with NCAA, but could enter a new, non-exclusive agreement for its college football series. The payout for that lawsuit reportedly stalled in Appeals court this month. "But given the current business climate and costs of litigation, we determined participating in this game is not in the best interests of the NCAA," the NCAA added. "The NCAA has never licensed the use of current student-athlete names, images or likenesses to EA." EA faced another lawsuit dating back to 2009 in which former Nebraska quarterback Samuel Keller alleged that EA adopted the likeness of student athletes for its college football games. A California court denied EA's motion for dismissal of the class-action suit in February 2010, and later in May 2012. The suit was combined with a lawsuit from former UCLA basketball player Ed O'Bannon against the NCAA, who claimed that the NCAA blocked "him and other former college athletes from getting paid for their likenesses in [EA Sports] videogames after they left college," according to Bloomberg. We contacted EA for comment, and will update as we learn more. Update: To clarify, the NCAA announced that it will not renew its contract with EA. We've updated accordingly. Update 2: NPD analyst Liam Callahan tells Joystiq that "NCAA Football sales have been fairly stable over the past few years, with no steady declines. There were, however, fluctuations between growth and declines, which was likely to have been caused by consumers not purchasing every year." Update 3: EA's Andrew Wilson issued a statement, noting that "EA Sports will continue to develop and publish college football games, but we will no longer include the NCAA names and marks." Likewise, the Collegiate Licensing Company told Joystiq that it "continues to have a strong relationship with EA, and in representing our partner institutions anticipates participating in the launch of a new game next year that features the college teams, leagues and authentic innovation fans would expect from these games."
PCR interviews Blizzard Entertainment
The UK-based computer trade news outlet PCR posted a quick interview with Blizzard Entertainment on Friday, July 12th. Interestingly, the interview focuses not necessarily on the digital offerings that we come to expect from a computer-based company, but the retail side of the business, and Blizzard's performances in the more traditional market. Blizzard seems to maintain its success in retail not only because of its games' performance history and market momentum, but also thanks to licensed peripherals which help keep the brand versatile. Probably the most interesting portion of the interview is the sadly brief discussion of Blizzard's POSA (point of sale activation) cards, known as Battle.net Balance Cards. These cards are similar to the game time cards most WoW players are likely familiar with, but rather than add time to your WoW account, they add money to your Battle.net account in general, which you can use to add time to your WoW game or purchase other Blizzard games and so on. So far, these cards don't seem to be readily available in the US as in the EU, but I have heard rumors of people finding them in GameStop from time to time, so who knows. For those of you who are wary about using a credit card online, or who just might like other options for adding money to your Battle.net account, they might be worth looking into. You can check out the EU Battle.net Balance Card FAQ for further information if you're interested.
NVIDIA to license graphics tech to other companies, starting with Kepler
To use NVIDIA's graphics technology, you've typically had to buy gadgets using NVIDIA chips -- good for the company's bottom line, but not for influencing the industry as a whole. The firm is expanding its ambition today with plans to license some of that technology on a broader scale. Beginning with the Kepler architecture, other firms can use NVIDIA's GPU cores and graphics-related patents for their own processors and chipsets. The deal could affect a wide range of hardware, but it mostly pits NVIDIA against the likes of Imagination Technologies: a system-on-chip designer could integrate a Logan-based GPU instead of the PowerVR series, for example. While it will be some time before third-party silicon ships with NVIDIA inside, it's already clear that the company's in-house design is now just one part of a larger strategy.
Music licensing group BMI sues Pandora, deems radio station purchase a 'stunt'
Music licensors didn't waste any time in characterizing Pandora's acquisition of an FM radio station as an underhanded attempt to cheat performers out of royalties, but the rhetoric has now hit the courtroom, as Broadcast Music Inc. has filed a lawsuit against the streaming service in the New York federal system. Key to the action -- which casts Pandora's move as "an open and brazen effort to artificially drive down its license fees" -- BMI asks for a blanket determination of licensing rates for all music broadcast by Pandora. According to BMI logic, the lower royalty rates that terrestrial providers enjoy shouldn't apply to the online segment of Pandora's business. As the flip side to that argument, however, Pandora argues that it deserves equal footing with online competitors such as Clear Channel's iHeartRadio service, which pays the terrestrial rates. It's a murky decision, for sure. Hopefully the judge has a good supply of Advil.
How game licensing works on the Xbox One (yes, it supports used games)
You will be able to give your Xbox One games to your friends, but only once and only to friends you've known for more than a month. That's according to the new rules shared today about Xbox One game licensing by Microsoft. All games will be available new in both disc or digital form, and will need to be installed on your Xbox One while logged in. From there, you'll be registered for the game on the cloud, so you'll be able to play it wherever you're logged into an Xbox One, even if you happen to be at a friend's house. You will have the option to resell that game back to a retailer, but that retailer will have to sign up with Microsoft to allow you to do so. Microsoft won't charge fees to do that, but it does say that "third party publishers may opt in or out of supporting game resale and may set up business terms or transfer fees with retailers." You can give the game away, but only once and only to someone who's been on your friends list for that required 30 days. Microsoft also says that the ability to loan or rent games "won't be available at launch, but we are exploring the possibilities with our partners." All of the information about game licensing on the new console can be seen on the official Xbox One site.
