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LGJ: Wait, it's not a derivative?
Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: I noticed an interesting point brought up in the comments to the last LGJ: that the new NBA Jam was certainly a derivative work, so even if the trademark issue weren't a problem, the holder of the copyright to the original game could certainly bring suit for copyright infringement. Given that no one seems to know who acquired those rights in the Midway dissolution, I can see why this is brought up as an issue. However, a deeper look at the derivative works analysis suggests that EA's NBA Jam might not be a derivative at all; of course, much of this depends on the final product, which we have yet to see. The old standby statement that sequels are derivative works is, for the most part, a true one in the broad context of all copyrighted works. After all, sequels to books and movies are derivatives, or at least I cannot think of a single sequel that is not one in those media. And for the most part, game sequels are derivatives as well, but not always. And to understand the difference, you have to look at what a derivative work is, what it isn't, and how sequels are different in a book and movie context than they can be in a game context.
LGJ: Nagging Trademark Questions
Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: So, you heard the rumors about EA working on NBA Jam, and then the confirmation of a new NBA Jam for the Wii, and you, like so many other people, thought to yourself, "Hey, what ever happens to trademarks that aren't being used? And why can't we figure out what's going on with NBA Jam before the press release by searching the Trademark office?" Well, I'm glad you asked, because these are questions that it's high time I answered. Most people have a good idea that a trademark is a brand name or logo, and most people know that they can be registered with the government to be better protected. But what about those other general trademark issues? LGJ has focused on trademark disputes on many occasions, but we're overdue to go over some of the expanded trademark basics for the benefit of the Joystiq readers. So, with trademarks, as with copyrights, there's a common law protection as well as a Federal registry in the US. There are also state registrations for trademarks, but, ultimately, the Federal registry offers the greatest protection. In fact, there is a whole list of benefits to registration. But the point remains, simply using a name for a product creates at least some level of trademark protection. From a practical sense, though, as long as you qualify for a registered trademark, it's much better to have a registered trademark. And that trademark can basically last forever as long as you meet two relatively straightforward conditions.
NBA Jam to set the Wii on fire in 2010
Great news, sports fans -- an EA Sports press release just brought some (anticipated) hoop-shaking news into our dreary Monday morning: NBA Jam is getting relaunched (or, rather, re-relaunched) later this year on the Wii by EA Canada. Details are slim, but the presser promises "new game modes, characters and gameplay depth," while simultaneously "[re-defining] the visuals for a sports game yet again." Not explicitly mentioned is whether the series' original progenitor, Mark Turmell, will be collaborating on the game. Considering he's currently stationed at EA Tiburon in Orlando, it's not beyond the realm of possibilities -- and if he is contributing, we feel confident that the title will be in gooBOOOOM-SHAKA-LAKA! Woah, sorry. We got a little overexcited there.
Rumor: EA Sports creating new NBA Jam
ESPN reports that Electronic Arts has acquired the rights for NBA Jam and has assigned EA Canada's Vancouver studio to a reboot of the franchise. The game's original creator, Mark Turmell, who currently works at EA Tiburon as a senior creative director, is allegedly collaborating on the project, which, according to ESPN, will "ship to retail exclusively for the Wii." With no other platforms mentioned in the report, the story sounds a bit off. However, 1UP, which has partnered with ESPN on the sports network's video game wing, has suggested XBLA and PSN versions of a new NBA Jam are also in the works, though that is not corroborated by the original report. We've contacted EA and Turmell for confirmation and details. EA Sports will allegedly announce the game later this month. Update: Joystiq has confirmed with Warner Bros. that it did not purchase the NBA Jam license when it acquired elements of Midway. EA's official statement: "We do not comment on speculation or rumor."
Warner Bros. trademark transfer of Midway begins
According to recently filed trademarks, the transfer of Midway's various game licenses to Warner Bros. Interactive has begun. Supererogatory spotted the first group of games that have been approved by the US Patent and Trademark Office -- including Robotron 2084, Defender, Joust and Wheelman, among others -- and asserted that the rest have yet to go through. With the possible re-branding of the ex-Midway Mortal Kombat team to WB Games Chicago and dissolution of Midway's executive ranks a few weeks ago, it appears as though the dismantling of Midway Games as it once was is nearly complete. We'll always have NBA Jam, right Midway?
The NBA rejected this Mortal Kombat-themed NBA Jam court for some reason
Mortal Kombat creator Ed Boon continues to tweet about rarities from the MK archives, this time a Kombat-themed court intended for one of Acclaim's NBA Jam or NBA Hangtime games. "The spine held up the backboard," Boon explained. "The skull was the hoop and the flesh head was the basketball. Would've been fun!"In the following tweet, Boon offers the reason that this disgusting court didn't make it into the game. Unsurprisingly, despite the cachet the Mortal Kombat series had, the NBA declined to allow a basketball court made of human body parts into a game with its name on it.This court works pretty well as a shorthand for the ridiculousness of the Mortal Kombat series' emphasis on outrageous, nonsensical gore. See the full image, including the hoop and ball graphics, after the break.[Via GameSetWatch]
Born for Wii: NBA Jam
Nintendo knows how to sell you a console. Whether it's Tetris bundled with every Game Boy, Super Mario World packed in with each shiny new SNES, or Wii Sports freely tagging along with the bazillions of Wiis they've sold in the past two years, the gaming giant has a history of providing fun and enticing games as a free incentive to buy their consoles. This generation, Wii Sports has certainly become a runaway success -- there's probably an unsettling number of people who never even put another game in their system. And while Wii Sports can be a lot of fun, it's obviously a pretty simplistic experience that doesn't cover the range of entertainment sports have to offer. Sports videogames often get a bad rap for spawning milked franchises and little but roster changes from year-to-year, but every so often a game comes along and totally annihilates the formula. In 1993, that game was NBA Jam. Midway's NBA Jam defined and popularized an arcadey, totally unrealistic and totally awesome style of gameplay for sports games. No fouls. Superhuman dunks. Turbo mode. Like the football series NFL Blitz Midway would develop several years later, NBA Jam passed up the finer points of basketball (like, you know, the rules) to focus on what really made the game fun. It's been several years since anything inspired by NBA Jam saw the light of day, and it's high time this timeless series returns to its former glory with a new take on its wacky, blissful gameplay. #ninbutton { border-style: solid; border-color: #000; border-width: 2px; background-color: #BBB; color: #000; text-decoration: none; width: 100px; text-align: center; padding: 2px 2px 2px 2px; margin: 2px 2px 2px 2px; } .buttontext { color: #000; text-decoration: none; font: bold 14pt Helvetica; } #ninbutton:hover { text-decoration: none; color: #BBB; background-color: #000; } NEXT >> %Gallery-40285% Every week, Born for Wii digs into gaming's sordid past to unearth a new treasure fit for revival on the Nintendo Wii. Be sure to check out last week's entry in the series, Oddworld: Stranger's Wrath, and for more great titles that deserve your attention, take a look at Virtually Overlooked.
