Toys for Kids & Adults

GTA DOES NOT INFRINGE STRIP CLUB’S RIGHTS

We’re all aware of the difficulties that Rock Star and Take Two have experienced in relation to GTA: San Andreas, but this one takes the cake: Rock Star was sued by an LA strip club for trade-mark infringement. The real-life PlayPen Gentlemen's Club claimed that by including a virtual strip club called the “Pig Pen” in GTA: SA, Rock Star had harmed PlayPen’s reputation and infringed its trade-mark. The judge, however, found that there was no infringement – the virtual strip club in the game was “artistically relevant” and not "explicitly misleading”. The PlayPen club apparently intends to appeal.

We discussed issues relating to the use of real-life settings in games back in July (seehere). This case deals with the same point – by including real-life settings or locations (or ones that clearly are based on real-life locations), do game designers risk litigation like this? Does the increase in in-game advertising mean that game players are more likely to assume sponsorship or endorsement when they see real-life establishments featured in video games?  These are all interesting questions.  For now, the only conclusion we can draw is that Rock Star is probably relieved to have won a GTA battle.

Coverage at:http://shorl.com/bokebafrifruki(Mercury News)

MS DEPLOYS COUNTER HACKING EFFORTS IN KOREA

Microsoft is confident that the DVD firmware hack will be countered by its Xbox Live updates.

Sales of security upgraded consoles in Korea have increased over the past month after hackers tinkered with the embedded DVD software drive to allow copied CDs to run on the machine. Xbox is confident that the problem will be “neutralized” through software updates (detected and prompted for installation upon connecting to Xbox Live).

Apparently more consumers are attempting to bypass Xbox’s security in order to be able to use cheaper pirated software. The additional cost for a modified console is said to be approximately KRW 70,000 (60 Euro) and users are tempted by the saving of about KRW 25,000 (21 Euro) from the purchase of pirated software.

coverage at:http://shorl.com/gybrestigribinu

HUMAN RIGHTS TRIBUNAL RULES AGAINST EA

The British Columbia Human Rights Tribunal has awarded almost $150,000 to a former EA employee who claims she was unjustly fired after a suffering a breakdown. The worker’s health deteriorated as her workload increased, and when she informed EA that she would be taking indefinite stress leave on her doctor’s recommendation, she was dismissed (with an offer of a lump-sum severance payment). Although the Tribunal noted that it was not a case where the employee was “worked to death”, it stated that EA did not attempt to accommodate the employee’s need for leave.

The monetary award includes amounts for injury to the worker’s dignity, feelings and self-respect; health care costs; legal expenses; out-of-pocket expenses; lost value of stock options; and severance.

It is not known whether EA will appeal the Tribunal’s decision.

Coverage at:http://shorl.com/godyhipavubro(Vancouver Sun)

BC Human Rights Tribunal Decision at:http://shorl.com/febreprogrydadru

TRUTH IN VIDEO GAMES?

US Representative Cliff Stearns has introduced a new bill (HR 5912) titled the “Truth in Video Game Rating Act”. The bill, which is directed at the Federal Trade Commission, prohibits activities such as rating games only on partial content (i.e., the ESRB will have to play games in their entirety before rating them), withholding content for rating, and gross mischaracterization of content. It also calls for a study of the ESRB’s rating system, whether there should be an independent rating system, etc.

The Text of Bill HR 5912 ishere.

MICROSOFT HUNTS DOWN XBOX36COM.COM

Microsoft has filed two lawsuits (one in Utah and one in California) against four defendants it accuses of cybersquatting and typosquatting. Microsoft claims the defendants have registered hundreds of domain names with the intent of driving Microsoft-based traffic to their websites. 

Some of the domain names look like could be legitimate Microsoft domain names (such as msnfinance.com). Others (such as xbox36com.com) are intended to snare surfers who have problems typing. Personally, we can’t see how that could possibly w0rkcom.

Coverage at:http://www.shorl.com/jevojavygibro(siliconvalley.com)

Microsoft security engineer warns:"Those of you who are working on MMOGs, organized crime is already looking at you!"

More than a little distress was caused this week when Microsoft security development engineer Dave Weinstein told developers at the Microsoft Gamefest that criminal elements are hacking into MMORPGs, stealing MMORPG account information, and selling it on the black market, effectively kidnapping and killing characters.

Weinstein outlined the following modus operandi: taking advantage of chinks in a game's security software, criminals acquire account information and then illegally access accounts. Then, either the account information is sold on the black market or, more commonly, coveted in-game items and currency are stolen and turned into actual cash via online auction sites.

Virtual “muggings” also appear to be a problem in some MMOGs, where the aggressor uses software "bots" (thus making himself unbeatable) to beat up and then subsequently rob characters. The stolen virtual possessions were then exchanged for real cash. (see examplehere). This, of course, is only possible in games where the victor of a fight can take the items of a fallen character, such is the case with Lineage II.

MMOG and MMORPG players spend at lot of time creating and building up their characters. With monthly subscriptions to games like World of Warcraft (paid) and Guild Wars (free) bringing an unending flow of new adventures, players spend hundreds of hours completing quests, accumulating experience, and acquiring gold and items. "For a lot of the customers out there, there is more store value on their MMOG characters than there is on the credit card with which they pay for the account.", Weinstein said.

Though most MMOG publishers are aware of such problems, Weinstein underscored the fact that real-world authorities are often unresponsive to in-game theft. "The police are really good at understanding 'Someone stole my credit card and ran up a lot of money,'" he said. "It's a lot harder to get them to buy into, 'Someone stole my magic sword.'"

Late last year, Square Enix dealt with a similar issue by banning 800 people from playing Final Fantasy XI, after it was found out that they were auctioning “stolen” items.  Another good way for online gaming companies to protect themselves is to ensure their license agreements and online terms of use agreements adequately deal with potential liability issues such as cheating, hacking, viruses and service interruptions.

Coverage at:http://shorl.com/gigudatarudru

But can the ESRB get past the big boss on Level 12? It had better, according to proposed law

The ESA, which established the ESRB, contends that a proposed bill – the "Truth in Video Game Rating Act" (HR 5912) – requiring the ESRB to play through every single video game it rates is not sensible. ESA president Doug Lowenstein responded to the proposed bill by defending the current ratings system and noting that games can take over 100 hours to complete and to do so would often require the skills of a professional gamer. Such gamers, he went on to say, are not likely to be representative of the mainstream American parent.

Coverage at:http://shorl.com/duhahokepregro(GameDaily)