Chronicling the high cost of our legal system
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“One major problem with Xbox Live Arcade, Microsoft’s downloadable game service, is that you must deal in ‘Microsoft Points,’ and they come in increments that usually cost more than the price of a game alone. A lawyer has now filed a class-action lawsuit against Microsoft for this practice.” [PC World] Update: not quite as reported?
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An already odd binge of litigation has gotten yet odder: the California man who has sued Sony for kicking him off its PlayStation online network, and has sued Nintendo and Microsoft on other grounds, is now suing Activision Blizzard, publisher of the immensely popular online game World of Warcraft, which he accuses of maintaining a “harmful virtual environment” with “sneaky and deceitful practices.” He alleges that use of the game tends to bring on mental health problems, and — the best bit — says he intends to subpoena lyricist Martin Gore of the band Depeche Mode and Hollywood actress Winona Ryder as third party experts on alienation. [GameSpot via Ambrogi/Legal Blog Watch; earlier] Update: Estavillo is subpoenaing Bill Gates too [Seattle PI Microsoft blog]
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Updating our earlier item: a San Jose man has appealed a federal court’s dismissal of his suit against Sony for kicking him off the PlayStation network. He’s also suing Nintendo over its Wii update locking out certain unauthorized third-party software, and Microsoft over a “red ring of death” failure on his XBox. [Brendan Sinclair, GameSpot; & welcome Above the Law readers]
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Alexander Stern has sued Sony Online Entertainment and various affiliated entities involved in online videogaming, saying the company “is violating the Americans with Disabilities Act by failing to implement features to make its games accessible to visually impaired gamers.” [Gamespot, Kotaku, The Register via Siouxsie Law]
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Class action plaintiffs claim that all three of Nintendo’s designs are defective [Colin Miller, Evidence Law Prof]
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Patrick at Popehat does some digging, in fact quite a lot of it, about a curious suit filed in Australia. Earlier here.
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…and expect to hear from this guy’s lawyers. [Simon Parker, Eurogamer via Patrick at Popehat]
American Booksellers Foundation for Free Expression:
There is a disturbing new trend in censorship legislation. Bills have been introduced in Utah and Louisiana this year that give private citizens the right to sue booksellers and other retailers for committing an “unfair” trade practice by selling “offensive” material to a minor. The defendants in these lawsuits would have to hire a lawyer to defend them and could be forced to pay thousands of dollars if they lost.
Earlier, the governor of Utah vetoed a similar measure aimed at video and game retailers.
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Free speech and press issue:
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Self-described as “America’s Lifestyle Coach For Health And Wellness” and “the quintessential, cutting edge fitness advocate leader”, Michael Torchia says he intends to sue Nintendo over the fitness claims it explicitly or implicitly has made for its wildly popular Wii game system, which, as Patrick at Popehat notes, is a bit of a competitor to his own services. The main success of the strained action will predictably be in drawing public attention to Mr. Torchia, a process to which, alas, we appear to be contributing with this very post.
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Oh, spare us, Rep. Joe Baca (D-Calif.).
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A Massachusetts company known as Worlds.com, which to my knowledge has never produced a product of the sort known as a “Massive Multiplayer Online Roleplaying Game,” nevertheless claims a patent in the concept. These games, the best known of which are probably World of Warcraft or Everquest, have been around for well over ten years, and are quite the moneymaking ventures for their producers.
Now Worlds.com is suing NCSoft, a Korean company that produces the games Lineage and City of Heroes, based on a patent filed in 1999 and issued in 2004 for a “system and method for enabling users to interact in a virtual space,” though some of the NCSoft games alleged to breach the patent were produced before Worlds.com even filed its application. As Words.com has never produced such a game, and appears to be little more than a vehicle for holding the patent, one expects that NCSoft will counterclaim seeking to invalidate the patent. Nevertheless, Worlds.com announces that it would “welcome licensing inquiries from the on-line game industry,” meaning Sony and Blizzard, to allow those companies to continue making money from their own games.
The best story I could find on this came from The Register, which has the application and notes that the patent is an “extremely broad” one which could reach beyond games. Other informative coverage can be found at gaming sites, including Broken Toys, Kotaku, and Virtual World News.
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“Nintendo’s Wii game remote controller has a defective wrist strap that lets the thing fly out of the users’ hands while they simulate tennis, nunchucks or similar actions, and then it crashes into TVs, walls and children,” according to an intended class action filed by attorney Robert Kleinman of Austin, Texas on behalf of a Colorado woman. (Courthouse News, Dec. 4 via Above the Law).
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Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.
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