Tag Archives: Lawsuit

Koei Tecmo Being Sued by Capcom!

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A report done by Sankei states that apparently Capcom is suing Koei Tecmo for patent infringement. Apparently a patent Capcom filed in 2002 is being infringed in over 50 titled video games from Koei Tecmo, some including Samurai Warriors and Dynasty Warriors. The amount Capcom is suing for is around 900 yen (about $9 million U.S. dollars) and they are also aiming to acquire license fees of about 10% and hoping to suspend the sale of several different video game titles. So far all we know is what lays before us, but Koei Tecmo still states that there is no infringement but not much else has been released yet. Personally I haven’t played many, if any Koei Tecmo games, but if there is any infringement i can bet that Capcom wont stop till the suit is in their favor.

capcom-logo

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Kyle Heller on 20140826 and was last modified on 20140826 .

Marty O’Donnell (Composer of Destiny + Halo) Wins Lawsuit Against Bungie

Destiny Sound Composer Marty ODonnell

Bungie has a policy that employees days off stack and when an employee leaves they are obligated to pay for those days off (assuming you didn’t actually take the day off) according to this policy. So when Marty O’Donnell was let go recently for no apparent reason ahead of the Destiny Alpha on PlayStation 4, it became an immediate subject of legal debate between the two parties. Bungie was directly sued by O’Donnell’s legal team (specifically their CEO Harold Ryan) and now Bungie has had to pay $38.3 thousand dollars of unpaid vacation / sick time to the man who is responsible for the music, sound engine, and a lot more within ever Halo game up to Reach as well as the same for the first installment of the massively anticipated New IP Destiny. $38.3 additional thousand was also rendered to O’Donnell from Bungie for the cost of fighting this legal battle which should have never occurred. There was also a matter of the interest charged which ended up bringing the total settlement to around $95 thousand dollars in Marty’s favor.

But while the headlines are rejoicing this victory and gamers pretty much all feel like this is a conclusion to an unexpected bump in Bungie’s road to success with Destiny. It does not end here at all.

This was just a man’s unpaid vacation time people. O’Donnell is entitled to royalties from the Destiny game as part of his contract to compose the soundtrack. This is perhaps more so than ever since Destiny marks the first time Bungie will ever own their own intellectual property. That is, of course, a large part of the reasoning behind why they left Microsoft in the first place and was a huge factor in negotiating their terms with Activision. Assuming that they don’t some day decide to sell Destiny to Activision, Bungie does own the IP. Activision simply owns publishing rights to it for a very long time.

A second lawsuit will likely begin soon in which Marty O’Donnell seeks those royalties which his hard work is helping Bungie and Activision earn.

Is this move to dump the composer and force him to battle for what is rightfully his the first sign that Bungie has become a shell of themselves due to executive greed and legal shadiness / cowardice? We certainly hope not. Perhaps it’s all just some big misunderstanding. Or, maybe the obvious is true – and the Bungie that we once knew is dead and long gone. Regardless, we urge readers for their own sake not to judge the game based on the events surrounding its development. We’ve had extensive time in the Alpha and Beta at this point and all on our staff pretty much agree that it’s going to be a great one. Stay tuned for more as this story develops.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20140722 and was last modified on 20140722 .

EA Sued By Investors In Class Action Lawsuit For False Advertising Battlefield 4, Financial Fraud, Stock Manipulation, Embezzlement

EA Lawsuit

Over the past couple of weeks RealGamerNewz has been exhaustively reviewing legal documentation from the parties Robbins Geller as well as the original investigation that was brought forward by Holzer Holzer and Fistel. Judging by documentation provided to investors as well as the press, we feel confident now to speak on our own (not just repeating what others have said) in saying that it’s exactly what it looks like. EA executives are being held responsible for crimes that they have indeed committed against the investors of their company and have also resulted in hurting the video game industry as well as fans of the Battlefield series. There’s more to it than is being currently reported by mainstream media though, as of course RealGamerNewz is always willing to speak what others will leave out.

First let’s cover the basics…

  • “Plaintiff seeks to recover damages on behalf of all purchasers of Electronic Arts common stock during the Class Period (the “Class”)”

This is the statement that reads on the EA lawsuit and begins a myriad of reasons. In common language we can describe them like this – EA execs made statements that raised the price of Electronic Arts stock which they allegedly knew to not be true and then sold their own stocks while at a record high. Here’s a small image major mainstream press has taken of the second half of court documents which are available to all (here) and break down how much money they essentially embezzled from their own company by doing this type of stock manipulation and financial fraud.

EA Sued For Fraud

Now for the stuff other sites and magazines aren’t reporting  – on top of this, EA also mentioned that with Battlefield 4 they were the most pre-ordered next-generation game which we personally found extremely doubtful even though the Battlefield series is viewed as a fan favorite – it has never been the best seller in the FPS genre. Approximately a day after making this statement though charts were released showing Call of Duty: Ghosts as the clear winner of such a title forcing us to believe that EA lied about this as well. If not lies, there must have been a twist on the truth so extreme and far-reaching that it would likely only be labelled fraud in the court of law.

The next complaint is that the game suffered too many bugs at launch causing the Delay of BF4 DLC and other projects from DICE / EA Games which will inevitably result in less money for investors (not to mention BF4 failed to meet sales expectations and pre-sale claims). We have it on good authority (from un-named sources within DICE) that EA Games refused the development firm’s plea for a next-gen Beta due to agreements and contracts with Sony and Microsoft related to launch-day sales. Beyond that, DICE has come on record in the public as saying that EA Games is to blame for issues of the game crashing. Could it be that these issues are the result of DRM being removed from the title post-haste since it became such a taboo word when Sony defamed the business practice at PS4’s reveal? We aren’t entirely sure, but DICE says EA is at fault for the bugs and that they couldn’t fix them any faster if they wanted to.

Stay tuned for more on this developing story as it becomes available to us, and don’t believe everything that you read either for or against EA in this situation since most journalists do not read all of the legal documents. This has taken us a long time but is very beneficial as we discovered a lot of not-well-known details during the Call of Duty lawsuit fiasco that happened between Activision and COD’s creators.

Dayum Shame

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Mitch Walters on 20131220 and was last modified on 20131220 .

Rumor: Ellen Page Suing Sony for Nude Character Glitch in Beyond: Two Souls

Ellen Page Sues Sony Nude Controversy 3

Reportedly a “glitch” was allegedly discovered (or perhaps triggered using a debug menu on a PS3 dev kit at either a developer’s studio or by a gaming journalist website intentionally?) in Beyond: Two Souls that ended up revealing Ellen Page completely nude. Originally, these visuals were promptly labelled “Not Safe for Work” and passed around the internet like crazy. Sony has since put the gag on any websites daring to try and show the imagery leading one report to suggest that their reaction to the situation as well as a later statement that they require these images removed from gaming press hubs due to “legal reasons” leads to a potential lawsuit already in the works behind the scenes, or even an out-of-court negotiation and settlement process.

Ellen Page Sues Sony Nude Controversy 4

The actress was simulated completely naked in the game. It is unclear if she knew this though, since the camera angles were never meant to be placed on the character’s body. It seems that while there was not meant to be explicit, full frontal nudity in Beyond: Two Souls, the parts of the body of the character that Ellen Page was playing were very much completely sculpted and developed. The only thing a ‘hacker’, ‘debug exploiter’, or ‘glitcher’ (whichever the truth is) would have to have done is change where the camera’s were facing during what many are calling a “strange” and “un-necessary” shower scene that took place in the game.

Ellen Page Sues Sony Nude Controversy GIF

Some internet users out there in the social space have even gone as far as suggesting that David Cage may have a thing for modelling characters far beyond what the ESRB and PEGI ratings systems would allow, purely for private entertainment purposes. This is at face value a completely extreme claim backed up by nothing more than speculation on the behalf of forum users internationally, but should it become a part of Ellen Page’s legal team argument Sony could have some real expensive problems on their hands.

Ellen Page Sues Sony Nude Controversy 6

It remains to be seen exactly how the actress feels about what happened and whether or not Sony’s actions in the matter thus far will be much of any consolation to her. Did she know that her character’s completely nude body (down to the nipples, vaginal bits, and all) would be modeled? Will Ellen Page go easy on Sony or will she feel truly violated that the massive game company in charge of developer Quantic Dream and David Cage failed to prevent such a thing from happening?

Time will tell. At this point RealGamerNewz is waiting on further statements from the two parties in question before making any concrete assumptions about what will happen next. It’s worth noting that Heavy Rain mysteriously had the exact same problem.

Ellen Page Sues Sony Nude Controversy 5

***Editor’s Note: RealGamerNewz respects the copyright requests of Sony and Ellen Page and will not be hosting the alleged material in question. It has since  been deleted from the original source that was uploading it and we will not be uploading it in compliance with Sony’s requests to the press on not hosting such images. Thank you for understanding.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Mitch Walters on 20131021 and was last modified on 20131029 .

LinkedIn Accused of Hacking Email Accounts of its Customers

Linkedin people

LinkedIn has been accused in a new court case being held against them in which claims are made that they’ve been using the password and login information of users to access their email accounts on third party services such as GMail. Access was allegedly gained through hack-like methods and then users contacts and address books were spammed with invites to the professional resume and networking website. This isn’t the first time someone has accused LinkedIn of doing this, and even their own website is home to over 500 complaints of this exact allegation.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20130922 and was last modified on 20130922 .

Gamestop May See It’s End Sooner Than Later; Motion to Dismiss Fraud Case Denied

Gamestop Bankruptcy Imminent As Used Games Legality Questioned

Gamestop Bankruptcy Imminent As Used Games Legality Questioned

The United States District Judge Robert Kugler has denied a motion for dismissal has been denied in a growing class action lawsuit that Gamestop is facing in a New Jersey court for violating the Consumer Fraud Act through false advertising and the omission of certain facts. In court, the plaintiffs of this case have displayed that buying used games and then the DLC (online pass most likely) which was not included would actually cost more than just buying the game brand new for $60.

The fact that this type of transaction is advertised as being a discount is where the fraud part comes in to play. If Gamestop fails to defend themselves in this lawsuit it may end up setting a precedence for more class action lawsuits from similar customers who have been swindled by the company’s greed-driven misleading of faithful customers to the last surviving brick and mortar game franchise. This is an ongoing case, so all of this is “alleged”. Good luck Gamestop, this is the beginning of the end.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Mitch Walters on 20130810 and was last modified on 20130810 .

RGN Business Podcast Pt 2 – Over 200 Stores Closing This Month; Is Gamestop Going Broke?

RGN Business Podcast Pt 2

Over 200 Gamestop locations being closing this month, Gamestop is about to lose a fraud lawsuit, a lot of pre-orders have been killed off, and just what exactly is going on behind the scenes with the whole DRM versus used games scandal? Find out in this afternoon’s RGN Business Podcast part 2 featuring stories sourced off of Forbes amongst others.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Wilson S on 20130810 and was last modified on 20130810 .

Apple Vs Consumers, Consumers Win $53 Million Settlement

The details of a settlement reached in a class action lawsuit against Apple for refusal to comply with their own Warranty policy, consumers have won a valued payout of over $53 million dollars. Exactly how much money each person will receive is a mystery at this point in time, seeing as the lawyer firm that accomplished this will take their fees and then the remainder of the money will be split evenly between all parties that opted into the Class Action Lawsuit. If you are interested in reading the full unabridged details yourself in order to form your own opinion, check out the Settlement HERE.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20130414 and was last modified on 20130414 .

Twitter Sued For $50M For Refusing To Identify Anti-Semitic Users

The privacy of many Twitter members is being argued about in the latest lawsuit naming Twitter the $50 million plaintiff. redletterdave writes After a French civil court ruled on Jan. 24 that Twitter must identify anyone who broke France’s hate speech laws, Twitter has since refused to identify the users behind a handful of hateful and anti-Semitic messages, resulting in a $50 million lawsuit.”

“Twitter argues it only needs to comply with U.S. laws and is thus protected by the full scope of the First Amendment and its free speech privileges, but France believes its Internet users should be subject to the country’s tighter laws against racist and hateful forms of expression.” [Source: Slashdot]

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20130323 and was last modified on 20130323 .

Minecraft Creator Notch is Being Sued

Minecraft is the PC indie game that lets you create your own worlds via tunneling out caverns and building massive castles. In today’s news Minecraft creator Notch (and his company Mojang) is being sued, which you can read the full length of the case here.

Editor’s Note: I personally read all of the documents from many of Activision and EA’s cases and I’ve got to say I’ve never seen such a short legal document in my life. I am no legal authority on what this document says or means, yet it seems conveniently vague. The media would have us believing that this is a completely meritless suit against respectable developer by a “Patent Troll” (may need a geek wiki for that). And perhaps it is, or is it?

It is unclear exactly what this lawsuit is about but it is being said in a report by Slashdot that the lawsuit is a “troll” by Uniloc suggesting complete illegitimacy to the case.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20130302 and was last modified on 20130302 .

Electronic Arts vs Zynga Lawsuit Has Been $ettled

Electronic Arts has reportedly settled their lawsuit with Zynga Games. As always in private matters like these, not much was discussed. An out-of-court arrangement was agreed upon by both parties. EA Games (also known as Electronic Arts) is responsible for such titles as The Sims series whereas Zynga Games was said to be encroaching upon its domain with similar life simulators.

“EA and Zynga have resolved their respective claims and have reached a settlement of their litigation in the Northern District of California.” – Official Statement [via GameSpot]

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20130218 and was last modified on 20130218 .

Ubisoft Faces Lawsuit Over Assassin’s Creed Franchise

In what seems like just another one of those crazy lawsuits, (or is it), John L. Beiswenger is suing Ubisoft for allegedly ripping off his story (which seems to read exactly like the storyline of Assassin’s Creed). Will he be able to provide substantial evidence that actual copyright infringement occurred and not simply coincidental creativity? Only time will tell.

Leviathyn reports:

“According to Beiswenger, the creators of the Assassin’s Creed franchise stole the main premise of his own novel Link, a story about a scientific discovery that allows for ancestral memory to be “accessed, recalled, relived, and re-experienced” via an invention similar to AC’s animus. He also claims that the book includes themes of assassins, the bible, the Garden of Eden, and the Forbidden Fruit.

The author is asking for damages from not only the four games released since 2007, but also the guide books, comic series, and two trailers. If his request is honored, he will receive an amount no less than $1.05 million dollars. And, if the judge rules that Ubisoft did in fact infringe on his copyrights, Beiswenger could walk away with as much as $5.25 million. He also requests that the court prevent the release of Assassin’s Creed III and anything related to it.”

Source: Leviathyn

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20120429 and was last modified on 20120429 .

The real reason Sony’s new EULA blocked class action lawsuits

PlayStation Network 3.7

Recently PlayStation Network has been updated to version 3.70 by many users who may have noticed that the new EULA and Terms of Service agreement blocks class action lawsuits from taking place. Users have the right to refuse the update and remain on the current version of their software, but will not be able to sign into PlayStation Network should they choose not to accept these new terms. Many people have recently begun to criticize Sony for this move.

Everyone remembers the data breach of the PlayStation Network which Sony has suffered through since the self-proclaimed ‘hacktivist’ group Anonymous took to the cyber-streets for what they considered to be unlawful actions taken by Sony. One class-action lawsuit you might remember that relates to this incident is the one started by the Rothken Law Firm on behalf of PlayStation Network users against Sony. The problem with class action lawsuits like this is that they are truly meant to enrich the few at the expense of many. Most class-action lawsuits end up with settlements of large amounts that are eaten up by lawyer fees which a firm like Rothken Law Firm themselves started and really don’t need to charge the parties involved.

Seeking punitive damages for a network breach sounds reasonable enough, until you bear in mind that cyber-terrorism is on the rise and every entity out there is vulnerable to a large group like Anonymous. This group had just finished hacking entities such as PayPal, MasterCard, Visa, and even the United States Government before setting their scope on Sony’s PlayStation Network. For gamers to blame the tech giant seems a bit unrealistic when much larger entities doing far more transactions were unable to evade this group’s attacks. Should users take up a class action lawsuit against everyone jacked into the net next? It’s akin to suing a car company because mechanics exist and one group of them stole from the car owner. While everyone was out for Sony’s blood they lost site of the real issue, a large hacker group runs vigilante on the internet doing as they please and Homeland Security may be investigating them but have still not put a clear end to their digital vandalism and theft.

Readers will also recall that when the OtherOS feature was removed prior to these hacking attacks and the Sony vs. GeoHot debacle, a class action lawsuit eventually sprung up for that event as well claiming Sony had unlawfully went against the Computer Fraud and Abuse Act. The main reason for removing the OtherOS feature was to prevent pirating and hacking of games which damage the sustainability of game consoles from a business standpoint.

It is this author’s belief that the real reason Sony’s new EULA blocked class action lawsuits from arising stems from the nature of many of the recent class action cases brought against them such as those outlined above. In protecting their own financial stability and ability to deliver for the faithful customers who would rather continue to sign in than reserve their right to sue the company, Sony is doing what they feel is necessary to shut the floodgates. What may appear to some as an anti-consumer move here really seems more like a spearhead against ‘hacktivist’ apologists and sue-happy consumers who are willing to jeopardize the company they get their games from rather than accept the realities related to the real threat, cyber-terrorism.

Originally posted on Examiner.com.

Editor’s Note: RealGamerNewZ has moved web servers, some older posts can no longer be commented on and have been preserved without their images. Thank you for your understanding in this matter. This article was written by Jon Ireson on 20110916 and was last modified on 20110918 .