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Nintendo takes legal action against US Switch hack sellers
Nintendo has filed new lawsuits against Switch hackers in the US.
Elon Musk painted as 'thin-skinned billionaire' in court documents
The fallout from Elon Musk's ill-advised "pedo guy" comments -- made last year about British cave rescuer Vernon Unsworth -- is not going away. In new court documents, Unsworth didn't hold back when it came to his opinion of the South African tech billionaire, accusing him of orchestrating "a malicious, false and anonymous leak campaign in the UK and Australian press."
CBS and Paramount settle lawsuit with 'Star Trek' fan film
It's been a wild ride for the folks behind the Axanar Star Trek fan film, but it's finally over -- the fan production group has settled its lawsuit with CBS and Paramount. The terms of the agreement aren't completely clear, but both parties have announced that the deal will allow Axanar productions to finish and release its fan film for free as long as a certain number of undisclosed "substantial changes" are made. Even better? According to Ars Technica, the settlement doesn't require the fan group to pay damages, either.
'Star Trek' fan film loses fair use case, moves to jury trial
It's been a long journey for the makers Axanar, the crowdfunded Star Trek fan film that ran afoul of CBS and Paramont's lawyers. After successfully raising over a million dollars to to create a professional-grade homage to the Star Trek brand, Axanar's producers were hit with a lawsuit, assured that lawsuit would be dropped, and then taken to court. The filmmakers stood their ground and argued a case of fair use, but ultimately lost. Today, U.S. District Court Judged Gary Klausner ruled that Axanar is just too faithful to Star Trek canon to avoid copyright infringement.
Sega wants money from bankrupt THQ
Sega has filed a claim against bankrupt publisher THQ for $941,710.93, the amount the defunct company received in pre-orders (after Valve's cut) for Company of Heroes 2. Eurogamer reports payments totaling $508,877.85 were made after THQ filed for bankruptcy. Sega isn't the only one checking the abandoned sofa that is THQ for lost change between the cushions. Double Fine, Codemasters and former THQ executives like Jason Kay and Jason Rubin are also looking for what they're owed. Sega may not get anything out of the deal, but the suit puts it in line with other creditors just in case there is a resolution of some kind. Sega won developer Relic and the Company of Heroes intellectual property for $26.6 million as part of the THQ asset auction earlier this year.
ACLU sues over NSA's surveillance program, challenging its constitutionality
If you're already overwhelmed by the sheer amount of activity surrounding the ongoing NSA fallout, we're guessing that now would be an excellent time to go on vacation. Predictably, lawsuits are already being filed against the National Security Agency, the second of which is coming from the American Civil Liberties Union. Essentially, it's challenging the constitutionality of the surveillance program in a New York federal court, deeming the initiative "one of the largest surveillance efforts ever launched by a democratic government." The suit claims that the program infringes upon (at least) the First Amendment and the Fourth Amendment of the United States constitution. As The Verge points out, the ACLU's prior NSA lawsuit (in 2008) was dismissed in a 5-4 outcome "on the grounds that it did not have legal standing to sue, since there was no way to prove it had been targeted." Given the leaked documents involved now, however, the outcome could be much different this go 'round. Of course, one has to wonder: if all of this leads to the public shutdown of the program, are we capable of trusting the same government that started it to not actually operate it in secret?
Sega sues Level-5, charges patent infringement in Inazuma Eleven
Level-5, perhaps best known in the western world as the publisher of the Professor Layton games, has a popular soccer series in Japan called Inazuma Eleven, and Sega doesn't like it. Sega is suing Level-5, alleging patent infringement on a mechanic in Nintendo DS versions of Inazuma Eleven that allows players to move characters with their fingers or a stylus, Kotaku reports.Sega's endgame is to halt the sale of all eight Inazuma Eleven games and to get ¥900 million ($11 million) in damages from Level-5. The case heard opening statements on December 7, and Level-5 plans to fight the charges."We are preparing our rebuttal and do not have any comments to make at this time," Level-5 says.
Rhode Island EDC sues Curt Schilling and more over 38 Studios loan
Back in May, Project Copernicus developer 38 Studios became embroiled in the controversy of the year when the studio officially shut down and fired all 379 of its employees. The story quickly turned political as the studio had been granted a loan of $75m US by the state of Rhode Island and it became known that the tax-paying public could be hit for an estimated $150.7m US due to the studio's closure. The story of mishandled taxpayer money has played a big part in the politics of Rhode Island. Today that story developed further as the Rhode Island Economic Development Corporation (EDC), which granted the original loan and may therefore be responsible for the public debt, filed a lawsuit against the people who created the deal. The defendants named in the case include 38 Studios founder Curt Schilling, CEO Jennifer McLean, former EDC executive director Keith Stokes, Wells Fargo Securities and even Barclays Capital. Rhode Island Governor Lincoln Chafee released a public statement about the lawsuit on YouTube.
Gaikai sued over alleged patent infringement
A Delaware company called T5 Labs has filed suit against cloud-gaming service Gaikai for alleged patent infringement, putting the technology that underpins Gaikai's fancy cloud-computing/game-streaming wizardry under the legal microscope.Specifically, T5 Labs claims that by "providing a system and methods of sharing a graphics processing unit (GPU) between a plurality of programs," Gaikai is "actively, knowingly and intentionally" using the technology covered by T5's patent for "Sharing a graphical processing unit between a plurality of programs."Multiple programs using the same GPU may sound like something that every single computer does on a regular basis, but T5's patent actually covers a specific scenario involving servers, remote terminals and compression algorithms. No specific dollar amount is listed in the complaint, but T5 is seeking damages, attorney's fees and "a judgement permanently enjoining Gaikai from further infringement."Gaikai has "no comment at this time" regarding the situation.
NTP reaches agreement with 13 patent defendants including Apple, Microsoft and Google
One of the original "non-manufacturing IP firms," NTP, has just signed an agreement with 13 of the companies it sued for infringing its email patents. The tech industry whales paying for licenses include Google, Microsoft and Yahoo on the software side; wireless operators Verizon, AT&T, Sprint Nextel and T-Mobile; and handset companies Apple, HTC, Motorola, Palm, LG and Samsung. If all the litigation is blurring together in your head, we remind you that NTP is one of the founding patent under-bridge dwellers who made lawyers' eyes everywhere light up with a $612 million payout from RIM back in 2006. That seemingly gave them the courage -- and bankroll, presumably -- to attack the above companies in 2010 for infringement of its eight wireless email patents, including push technology. The terms of the settlement weren't disclosed, but considering the dollars paid out by RIM, "we can imagine quite a bit," to quote Han Solo. [Image credit: Shutterstock]
Former NCAA athletes' lawsuit against EA is so on
EA's request to dismiss a class action lawsuit from former NCAA athletes has been denied, meaning the trial will movie forward and EA stands to lose more than $1 billion if found at fault.The former NCAA athletes claim EA conspired with the NCAA and the CLC to have players sign away their likenesses and names to be used in video games without compensation. The players allege that in order to participate in NCAA sports they were required to sign a form allowing EA their likenesses in games, even after their college sports careers ended.The federal judge previously dismissed other claims in the lawsuit, but denied EA's attempt to have an antitrust claim thrown out.EA is facing more than a few lawsuits at the moment, but it did recently settle a two-year-old lawsuit with Activision, with as-yet undisclosed concessions from either side.
Novelist suing over Assassin's Creed has his lawyer respond to gamer rage
Author John Beiswenger poked the sleeping dragon that is the Internet when he filed a lawsuit against Ubisoft, claiming the Assassin's Creed franchise infringes on copyrights in his novel, Link. Namely, Beiswenger says Assassin's Creed stole themes such as "assassinations," "spiritual and biblical tones" and a battle between good and evil from Link, which was published five years prior to the first Assassin's Creed title.Beiswenger is seeking up to $5.25 million in damages. The lawsuit could also delay the release of Assassin's Creed 3, a fact that wiped the grins from many a gamer's face and set a few (hundred) to review-bombing Beiswenger's Amazon pages.Beiswenger's lawyer, Kelley Keller, has now responded to Eurogamer on the negative reaction and her client's claims: "We understand that many gamers are upset about the litigation and potential for delay in the release of the next Assassin's Creed video game, and as a result of that anger have been posting negative comments on Amazon - and other forums - about our client and his novel Link. However, copyright laws exist to protect authors and creators from others who copy or create works that are, under the law, substantially similar; failure to enforce copyright laws renders them meaningless. "The Amazon 'bombing,' storm of negative comments and threats to our client have no bearing on the appropriateness, merits or outcome of this suit. They have no material effect on the legal claims."Keller says she believes the similarities in Link and Assassin's Creed are more than coincidence and that despite the five-year delay in filing charges, the lawsuit was brought within an applicable time period.We don't know about you guys, but the only applicable time periods we see here are the American Revolution, and October 2012.
Ubisoft, Gametrailers sued in Assassin's Creed copyright infringement case
American author John Beiswenger has filed a copyright infringement lawsuit against Ubisoft and Gametrailers that claims the Assassin's Creed franchise stole core ideas from Beiswenger's novel, Link. Link was published in 2002 and the first Assassin's Creed game dropped in 2007.Beiswenger claims the Animus in Assassin's Creed is a direct copy of his Link device, which allows users to access ancestral memories and relive specific moments in history, much as the Animus does. Beiswenger says his novel discusses "assassinations" and has "spiritual and biblical tones" also found in Assassin's Creed. And then there's the battle between good and evil that Beiswenger says Assassin's Creed stole right from the pages of Link.Beiswenger is suing Gametrailers for the Assassin's Creed trailers that he says infringe on the same Link copyright. There are 11 counts against Ubisoft and Gametrailers in total, and only most of them made us laugh.Beiswenger is seeking up to $5.25 million in damages and a cessation of further copyright infringement. We're pretty sure that second part is already happening, so perhaps Beiswenger will get something out of all this paperwork after all.
Activision v. Infinity Ward court date delayed
Former Activision employees and Infinity Ward founders Jason West and Vincent Zampella are taking Activision to court on May 29, after a few years of legal back-and-forth negotiations and counter-suits from Activision. The date was initially set for May 7, but was pushed back at Activision's request.West and Zampella claim Activision owes them $125 million in unpaid royalties, and they seek the rights to the Modern Warfare brand.Activision's counter-suit is free to move forward as well, where Activision is asking for $400 million from EA, claiming EA stole its employees and that West and Zampella were consorting secretly with the competitor while still Activision employees.Zampella and West were fired from Activision in 2010 on the grounds of these supposed secret meetings. They soon after founded Respawn Entertainment and now have 40 former Infinity Ward employees in their ranks.
Ubisoft sued for patent infringement over Rocksmith technology
Guitar Apprentice sued Ubisoft last week for patent infringement on a "media system and method of progressive musical instruction" in USP 8,119,896. Guitar Apprentice filed this patent on October 12, 2010, while Ubisoft's Rocksmith launched on October 18, 2011 in North America and is due to hit Europe and Australia in September this year.A summary of the Guitar Apprentice patent describes its initial function as follows: "A method is provided for progressive musical instruction using a media system with processor-executable software modules storing musical performances each having a plurality of segments."Ubisoft has previously acknowledged that Rocksmith took inspiration and technology from Game Tank's Guitar Rising, and it is currently in a legal dispute with the UK band Rocksmith, who claims it owns all rights to the name.
Facebook fights back, countersues Yahoo
Surprise, surprise, Facebook has decided to sling a lawsuit Yahoo's way after the latter first filed a patent infringement action against Zuckerberg's crew a few weeks ago. According to Florian Mueller over at FOSSPatents, the social network's alleging some IP infringement of its own -- claiming that Yahoo has run afoul of ten of its patents. The patents in question cover myriad technologies, ranging for ad placement and information arrangements on web pages to privacy controls for managing what info is shown to individual users and instant messaging using email protocol. Just another ho-hum legal battle between tech behemoths here in Silicon Valley, folks, with mere millions of dollars at stake. But, if you're yearning for more, you can read the full complaint at the All Things D source link below.
EMI sues Def Jam Rapstar creators
EMI Music Group has filed a suit against Def Jam Rapstar creators 4mm Games and Terminal Reality, claiming the game contains unlicensed tracks from Kanye West, Lil Wayne, DMX and more, and uses unlicensed compositions from DJ Khaled, MIMS and Daft Punk.According to statements given to The Hollywood Reporter, EMI demanded royalties from the game makers but never received a response. EMI is looking for compensation on 54 songs from Def Jam Rapstar's total tracklist, and with EMI looking for upwards of $150,000 for each "infringement" that total tab is looking mighty steep. In the worst case, that brings us to total of $8.1 million.The karaoke aspect of Def Jam Rapstar, and its online video-sharing capabilities, also make this dispute trickier, since EMI owns the rights to display, publicly perform and distribute these songs. Please excuse us while we try to get Richard a good lawyer in case EMI targets us next.
US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails
Coming up with original gadget names is tough work, and, after all, imitation is the most sincere form of flattery -- right? So it was no surprise when ASUS happened upon an alias that more than slightly resembled that of a popular fictional mutant semi -- you know, Transformer Optimus Prime. However shockingly, Hasbro wasn't a fan, opting to battle ASUS to the death in the U.S. court system. And, after countless weeks and many bank holidays, we finally have a victor. It appears that the leader of the Autobots will continue to share its name with the Taiwanese company's tablet -- that's what you get for leaving the fate of the world to mere human bureaucrats. Just don't be surprised when it comes time to name the world's next Superhero, Ms. Zenbook UX31.
US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC
AT&T has violated the United States False Claims Act to the tune of "millions of dollars," according to a Department of Justice lawsuit filed this week. The DOJ alleges that the carrier intentionally neglected to authenticate users of the IP Relay service -- a tool utilized by hearing-impaired persons to type messages that communications assistants then read to callers. The service is also abused by individuals overseas to defraud U.S. businesses (think infamous Nigerian scams), which prompted the FCC to establish a law requiring telecom providers, including AT&T, to confirm the identity of registered users, which it apparently failed to do. This resulted in thousands of fraudulent users, representing some 95 percent of all calls, which AT&T received FCC payments for to the tune of $1.30 per minute. An AT&T spokesman was somewhat dismissive when speaking to the Associated Press, saying "as the FCC is aware, it is always possible for an individual to misuse IP Relay services, just as someone can misuse the postal system or an email account, but FCC rules require that we complete all calls by customers who identify themselves as disabled." But if the allegations are proven, there could be some pretty serious repercussions for Big Blue. DOJ PR is just past the break.
Apple files German lawsuit against Samsung, targets Galaxy S II, nine other smartphones
With patent infringement accusations going every which way in recent months, we're certainly familiar with Apple/Samsung banter in the international arena. Now Apple has thrown yet another punch at the Korean smartphone maker, targeting its Galaxy S II, Galaxy S Plus and eight other handsets, claiming -- yes, you've got it -- patent infringement. The suit was filed in Dusseldorf Regional Court -- the same venue that the company used to target the Galaxy Tab 10.1N, which was created specifically to sidestep a September injunction, also in Germany. It's becoming rather difficult to keep track of all the IP hubbub across the pond, but we'll surely be back with more as soon as the German court has a ruling to share.
