Gamers Rights Law » Uncategorized

HACKED! (PSN Network)

jaymoffitt — Thu, 28 Apr 2011 03:01:19 +0000

http://www.flickr.com/photos/elbragon/5455939124/sizes/m/in/photostream/ From Creative Commons license attribution required.

Only a couple of days after revealing a data breach, Sony has been sued over that data breach. Story after the jump….

Here’s the definitive links to the story:

Sony faces lawsuit and Regulators scrutiny; (Bloomberg)

Some response from Sony (The Register)

What steps you should take as an PSN User (WSJ blog)

What total monetary cost could be; including European considerations (MSNBC)

Here are noted game-mags take on the situation:

When PSN returns, will my trophies return too? (G4 TV blog)

Sony’s FAQ broken down simply: (Digital Spy)

The PC World take (PC World)

How PSN network will re-open and require changing passwords: (Joystiq)

Sony sued; how it’s setting up thus far (Gamasutra)

PDF of the lawsuit filed in Alabama

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A little bit of legal commentary. First days, it’s difficult to judge how long or successful a lawsuit might be. But an admitted 77 million users compromised is a staggering number. On the other hand, this group “Anonymous” has seemingly hacked any large database they’ve put their minds to (Or maybe they’ve tried thousands and you only hear about the one they’ve been successful on?)

But this lawsuit is a complicated tangle of expectation of privacy, credit card security, even data protection statutes from Europe. The Sony PSN agreement of course protects them against claims of data theft, but the lawsuit will necessarily claim gross negligence which negates the contract language.

More updates on this later, as how it turns out continues to be a Mystery…

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Jay Moffitt is a Tennessee attorney. This blog is for entertainment and educational purposes only and does not consitute legal advice or create an attorney/client relationship. Jay Moffitt is not certified as a specialist in this area by Tennessee and Tennessee does not certify specialists in this practice area. All comments will be answered promptly and courteously as long as they are germane to the discussion and do not contain specific game names or incidents.

Recent updates in Gaming Law

jaymoffitt — Fri, 01 Apr 2011 03:50:21 +0000

Photo via flickr Attribution required license; http://www.flickr.com/photos/pumpkincat210/

The latest in ongoing video game lawsuits….. Content after the jump….

Axl Rose gets OK from CA judge to continue lawsuit against Activision. (From chartattack.com); Filing docs via radaronline.com

No Doubt given permission by three-judge “en banc” panel to continue suit against Activision, (Band Hero 5) (From LATimes Entertainment Law Blog)

NEW LAWSUIT: An original creator of Madden Video Game sues for royalties. (Court docs here, via courthousenews.com) Looking forward to more on this soon.

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Asian video game law links (reference only)

jaymoffitt — Thu, 03 Feb 2011 15:18:17 +0000

Photo used per Flickr, Creative Commons Attribution required License. (http://www.flickr.com/photos/throwherinthewater/870271841/)

(Will Defending the Homefront Mean being Anti-Asian?) From Gamelanguage blog. Other relevant Asian links follow the jump…..

(Article attempting to decribe “the Chinese national character”)

Attempting to understand fear in Japanese Horror games (Begsoniancritique.com)

Jimmy Lee China’s War Beyond Azeroth (Gamasutra)

The Challenges of Localizing Video Games (Gamasutra)

Valuing NGMOCO; from Don Rogers Law Blog

(Culture plays a bigger role than you think) VentureBeat

(Social Gaming in Asia)

(Softpedia) Japanese Developer Talks about Cultural Differences

Purely professional links on the cultural differences.

(Beyond Intractability) Culture Negotiation

(Terranova: I Say Tomato)

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Sony sues Geohot

jaymoffitt — Thu, 20 Jan 2011 18:53:53 +0000

Image courtesy of Cosima’s Digital Designs on Flickr; http://www.flickr.com/photos/phattatz/4501470765/sizes/l/in/photostream/. Creative Commons attribution required.

Sony sought a temporary injunction against the jailbreak, supposedly authored by a blogger who goes by “Geohot”. His history; and the summation of the case so far is summarized in these links… after the jump.

http://www.informationweek.com/news/security/attacks/showArticle.jhtml?articleID=229000603 Information Week (Sony sues 3 hackers and 100 they don’t know)

http://www.theregister.co.uk/2011/01/12/sony_sues_playstation_hackers/ The Register; U.K.

http://www.wired.com/threatlevel/2011/01/playstation-lawsuit-limbo/ Jan 14; Wired; Judge delays ruling

http://www.gamasutra.com/view/news/32450/PS3_Hacker_Says_Jailbreak_Not_Intended_For_Piracy.php (Claims PS3 Jailbreak not for piracy) Gamasutra

http://www.wired.com/threatlevel/2011/01/playstation3-root-code/ Wired; lawyer’s argument; Jan13

http://www.ibtimes.com/articles/101823/20110117/update-sony-court-docs-show-ps3-hacker-was-in-california.htm# (International Business Times) Court docs show hacker in CA

http://www.informationweek.com/news/security/attacks/showArticle.jhtml?articleID=229000777&cid=RSSfeed_IWK_News (Sony hacker asserts right to alter PS3; Information Week)

http://broadbandbreakfast.com/2011/01/renowned-hacker-playstation-suit-highlights-absurdity-of-digital-copyright-law/ (Broadband Breakfast; link to G4 interview)

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Personal commentary: Obviously being an officer of the court, I’m not going into extended critique of an ongoing case. (Cue up Georgia Sattelites music, etc.) I will say it brings up a lot of interesting issues on both sides. I will follow up on this case as conditions warrant. Comments?

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Free software license(not what you think)

jaymoffitt — Sat, 18 Dec 2010 14:44:54 +0000

Picture from Four-color basic system, role-playing system. Is this an example of a truly “free and open software license”… where a new user can change/alter/improve? Software freedom.. really?

Here’s a couple of more reasoned, and a couple of more radical ideas of the “freedom” of software, after the jump..

http://www.gnu.org/philosophy/why-free.html (Why software should be free… definitely a fringe, but to some appealing, idea)

(Free software) running MMOs

An Enterprise software licensees bill of rights

A software lawyer’s take on Forresters software licensee bill of rights

Interesting examples: Open game license from Wizards of the Coast; D20 games and such (Y’know you’ve got those 20-sided die lying around… I know I do)….. My favorite quote: “Q: I want to distribute computer software using the OGL. Is that possible? A: Yes, it’s certainly possible. The most significant thing that will impact your effort is that you have to give all the recipients the right to extract and use any Open Game Content you’ve included in your application, and you have to clearly identify what part of the software is Open Game Content.”

Follow-up: an anecdotal look at it’s impact explained by an insider (Monte Cook, writer of D&D Third Edition Dungeon Master’s Guide, among other things.)

More followup: The changes in the original Open Game License, from Chris Parmas.

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Personal commentary: there’s a lot of things to consider here. First of all, open game licenses are very anti-corporate-philosophy and therefore rare. However, there is a lot of customer goodwill built up and many creative games have creative players and player-creators. You should read some of the followup stories I’ve listed to see if you, as a potential game-creator, can use this type of license. Is the fandom worth the monetary gain given up? Are there other streams of income you can leverage with your (hopefully) buzz-building from “giving” the rules/strategy/system away instead of copyrighted?

Most of these are board games, or card games. Coincidence? Hardly. These require a much smaller budget and thus much smaller gross income is required to turn a profit. Does that mean more do? Not from what I read. And there’s thousand of videogames put out each decade, dwarfing the smaller RPGs and board/card games as a genre. But how many people still play D&D variants, or Vampire: Bloodlines pen-and paper… can you say the same for Mario Brothers? (OK, bad example). But generally once a platform passes, so do all the games. It’s like writing a book… are you in this for profit or for becoming a legend? Your personal goals dictate whether as a solo entrepreneur you wish to utilize a free-based model or a for-profit model. Just something to think about.

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Facebook has your Number

jaymoffitt — Fri, 05 Nov 2010 20:00:57 +0000

One of my favorite quotes from this whole mess, “You don’t have a facebook account, Facebook has YOUR account.”

It’s all a great way to have you interact with your friends…. you’ve nothing to lose, right?

http://www.pcmag.com/article2/0,2817,2371128,00.asp

http://www.next-gen.biz/news/lawsuit-against-zynga-over-privacy-breach

http://videogameblogger.org/class-action-lawsuit-again-zynga-for-privacy-leaks-has-begun/2386

As an attorney, I’m hamstrung by a lack of actual technical knowledge. I did get in touch with an actual well-known and respected software developer, Brian “Psychochild” Green, who shared some great background information.

“People talk about social gaming being very profitable and the ‘next big thing’, but the way these companies make money can be troublesome. Most people playing social games aren’t paying for them directly, so there’s a strong drive to ‘monetize’ the majority of your players and so you get issues like this as a result.”

Lawsuits and other aftermath:

http://blogs.wsj.com/digits/2010/10/19/facebook-and-zynga-face-lawsuits-over-privacy-breach/

http://news.idg.no/cw/art.cfm?id=CA3BA58C-1A64-67EA-E47995F6B1085488

Late addition of some great discussion; from the Legal Talk Network….

Totally personal commentary: The privacy policy (contract???) can change unilaterally. But the party who can change it is Facebook, if you decide to change the terms on which you interact, you’re either suspended for violation of the terms of Service, or else you can simply deactivate your account. (Don’t make the mistake of thinking you are deleting your data… they have that data forver, that fact is documented well on other articles all over the internet.)

Well, as a lawyer I’m really bummed about this because… well, in the good old days of slander and unsubstantiated gossip, you could simply hunt someone down and threaten a lawsuit. Now: what are you going to do, say “I didn’t understand this, you should’ve explained it better? It’s thousands of words, certainly somewhere in the thicket of words there are those you understand? Sigh. I’m just a little exhausted of add a clause here, add a clause there, have it done by the holidays, no one believes in “Sanity Clause”. (apologies, Chico Marx).

I’ll follow the story closely as it goes on…. my readers suspect whom I’m rooting for…..

Used games; Ethicality and legality

jaymoffitt — Tue, 31 Aug 2010 23:56:25 +0000

I. THQ comments fuel debate about $10 DLC

THQ doesn’t care if you don’t like DLC (From Computer and Videogames)

Penny Arcade comic that ignited the debate

The Legal Satirycon takes Penny Arcade to task

Wired explains Used games: not a simple debate

Dubious Quality blog says its a dangerous game developers are playing

Why Punish the Customer? (Bitmob blog)

II. Used games debate; the new players… the new tactics

Best Buy expands trade-in program; here (Miami Herald), and here (Gamespot)…

Target expands buy-back program; here (CNBC), and here(Kotaku)…

The tactics and positions of the old players… Gamestop: Used doesn’t hurt new

Gamestop industry position; Gamestop: 75% from 5 retailers

Game industry general feeling… used games blamed for sales decline (1Up)

Fav quote: Sure, if you want to, you can call the guy who only buys used games a parasite, but what about the guy who sold his copy to get money to buy another new game? What do you call him?

Economic breakdown of used sales (World of Discourse)

FINALLY, in tactics… some of the “non-resale” tactics being used lately by game publisher…

EA skirts first sale doctrine with limits on resale Great article by Ars Technica to introduce the “first sale doctrine”…much more discussion in last section. Favorite quote; “While much of the buzz about Spore has revolved around the DRM and now the lawsuit, what’s important to remember is that the DRM isn’t in place just to “fight” pirates. No, the activation limit and the one-account system are also strong deterrents against selling your copy of the game; EA would much rather everyone bought it instead of taking part in a second-hand market.”

http://www.gamepolitics.com/2010/08/24/sony-looking-online-pass-solution-first-party-titles

Sony looking at Online Pass solutions

http://www.teleread.com/2010/08/26/used-game-controversy-continues-e-book-vendors-could-stand-to-learn-from-valve-again/

From the E-readers point of view

III. Peripheral legal issues involved

First sale doctrine (First of all, the case… though you may want to skip below to the discussion) http://ia311030.us.archive.org/2/items/gov.uscourts.wawd.145432/gov.uscourts.wawd.145432.71.0.pdf UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTON TIMOTHY S. VERNOR, Plaintiff, v. AUTODESK, INC.,

Defendant. CASE NO. C07-1189RAJ ORDER

Verner vs AutoDesk (First Sale Doctrine) … extension to digital goods?

P. 14; line 2-8

For example, a person who buys a home is nonetheless restricted in his use and subsequent transfer of the home by property laws, zoning ordinances, and fair housing statutes. No one would characterize the person’s possession, however, as something other than ownership.

Similarly, the court cannot characterize Autodesk’s decision to let its licensees retain possession of the software forever as something other than a transfer of ownership, despite numerous restrictions on that ownership.

http://blog.softwareinsider.org/2009/03/05/pollsurvey-join-us-in-updating-the-enterprise-software-licensee-bill-of-rights/

Enterprise Software bill of rights (Great discussion of a company’s effort to give customers some rights in software)

http://blog.softwareinsider.org/2009/06/21/news-analysis-used-software-rights-upheld-in-susensoftware-win-over-sap/

Because a first sale exhausts the copyright holder’s distribution right, future distributions of the copy do not implicate the Copyright Act. Opinion, p.7, citing United States v. Wise, 550 F.2d 1180, 1187 (9th Cir. 1977). A first sale does not, however, exhaust other rights, such as the copyright holder’s right to prohibit copying of the copy he sells. Id. For example, the first sale doctrine permits a consumer who buys a lawfully made DVD copy of “Gone With the Wind” to resell the copy, but not to duplicate the copy. Id.

http://www.pcworld.com/article/120767/consumer_watch_software_licensesfight_for_your_rights.html

Consumer Watch: Software Licenses – Fight for your Rights

http://williampatry.blogspot.com/2008/05/first-sale-victory-in-vernor.html

Vernor First Sale doctrine

http://www.joystiq.com/2008/10/17/lgj-first-sale-re-sale-everythings-on-sale/

Mark Mathenitis column

IV. My personal take on this

At the used bookstore where I frequently shop (more for the selection than the prices) there are often a row of new, sometimes collectible books marked; CASH ONLY, no trade-in credit. If a small privately-owned company can do that… certainly it is within the purview of larger publishers on their newest games to ask the same for their titles.

I think this is more a practical argument than a legal one; but I’m not one to take my gaming with a “heaping helping of guilt”. Readers; tell me what you think of this debate, or if there is possibly a legal argument that should prohibit the modern-day gamer from buying used instead of new? Or do you feel that this thrifty gamer is instead akin to piracy and putting publishers out of work by torpedoing the all-important sales figures?

Developer’s Corner (What’s My Job, anyway?)

jaymoffitt — Thu, 05 Aug 2010 23:29:24 +0000

Wearing Multiple Hats is Tough (From the Christopher M Park blog) Talking about the conflicts of an indy developer… interesting stuff…(Note: stole the title for this from one of his subtopics)

Picture by qThomasBower; Creative Commons license 2.0 on Flickr…The rest after the jump

A True Fairy Tale…. a tech support story with a happy ending!! (From Pink PigtailInn) A great story that illustrates how tech support actually works…(Ed. note - I’m so tired of posting on this blog slams, criticisms, and glitch reports about games… I know for every glitch that makes it through, a thousand were resolved, for every tech-support horror story, there are hundreds ably solved. I can say this as confidently as someone who worked tech-support for over a year in the late 90s… I know techsupport in games and quality control in programming are long, hard work and you have to take the satisfaction where you can, it won’t come in “thank-yous”.)

The Deaths of Game Narrative (From Gamasutra) Discussion about whether the deaths make the story; or whether the story’s built around the killing.

I’ve a Job in the Game Industry…. (Escapist Magazine; Talking about expectations and reality)

A great game-plan for a profitable freemium (From Andrew Chen… with many other excellent articles as well)

Now, for a legal viewpoint… Law of the Level, “Social Games and Privacy Policy Pandemonium” The best thing about this article is its excellent research, authoritative tone, and finishing-line quality. The worst thing about this article is that it totally bums me out about my own ongoing research into the same phenomenon. (Takes second to whimper like a little girl). Nonetheless, read the article and maybe in a month or two I’ll have my own groundbreaking work which will make your reading of this a total waste of time (or not).

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Commentary: I think the answer is that it’s what you make it. Myself, I’m amazed at how many developers or entrepreneurs put the planning of good legal help as their last priority. Law is such a specialized field that I wonder how it is that people feel that it’s a “last-minute” decision that can be made easily. It’s like a good suit (and NOT lawsuit), it’s a personal fit that may take 1,2, or 3 visits (or calls) to determine if a business/IT/game attorney fits your needs. I focus on this area of law almost exclusively, but it’s amazing how many conversations I have with great people with problems that are “just outside” of my expertise. But I still try to direct them in the right direction, and I’ve found nothing but great help so far from the developer community in my quest to “learn to serve.”

Interesting posts concerning game law

jaymoffitt — Fri, 25 Jun 2010 21:28:04 +0000

Here is a very insightful article Gamasutra ran about Game Actors…

Great article about contracts (from another law firm)

Great law review article; The End of the Virtual World: cite as Fairfield, Joshua, The End of the (Virtual) World. West Virginia Law Review, Vol. 112, No. 1, p. 53, 2009; Washington & Lee Legal Studies Paper No. 2010-7. Available at SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1611672

That’s all I have for now. Just wanted my readers to know I’m working for them and should have something big to post soon. (You can call off the search party.)

Gamers Rights Law » Uncategorized

HACKED! (PSN Network)

Recent updates in Gaming Law

Asian video game law links (reference only)

Sony sues Geohot

Top 5 videogame law stories of 2010

Free software license(not what you think)

Facebook has your Number

Used games; Ethicality and legality

Developer’s Corner (What’s My Job, anyway?)

Interesting posts concerning game law