ECA launches Gamers for Digital Rights

The Entertainment Consumers Association (ECA) has formed a new work group called Gamers for Digital Rights. This new group’s online presence is already now live and offering information for consumers who want to learn more about their legal rights and understand more about digital content distribution, license agreements, virtual property, and piracy. Gamers for Digital Rights is free to join and provided the tools and resources that the ECA says will help protect the rights of video game consumers today.

The ECA also announced that it recently hired Robert L. Hunter, IV as its Digital Rights Consultant. In his new role, Mr. Hunter will head up the ECA’s efforts on related outreach and educational programs for the Government Affairs team. Mr. Hunter also currently serves as the President of Global Intellectual Property Securities, a consulting firm dedicated to helping multinational clients develop IP education and enforcement programs. Previously, he was the Director of Strategic Operations and Development for IPSA International, as well as Manager for IP Enforcement with the Entertainment Software Association.

To learn more about digital rights and how to join the Gamers for Digital Rights group, visit www.theeca.com.

Square Enix wins Advent Children infringement lawsuit

Square Enix has prevailed in its copyright infringement lawsuit against Korean entertainment production company Fantom Entertainment Group and music video producer Hong Jeong-ho. The lawsuit came to fruition when the company was given 300 Million Korean Won (approx. US $244,000) at the conclusion of the trial in March 2008. Following an appeal lodged by the defendants, on July 3, 2009, the Seoul High Court ruled that Fantom and Hong Jeong-ho should pay 400 Million Korean Won (approx. US $326,000) to Square Enix.

“We have been consistent in our claims during this lawsuit regarding the value of FINAL FANTASY VII ADVENT CHILDRENTM and our FINAL FANTASY series, as well as the damages the company has suffered as a result of the modification and adaptation made without obtaining permission,” said Yasuhiko Hasegawa, Square Enix’s General Counsel, in a statement this week. “The initial amount awarded in this case, 300 Million Korean Won, was the largest the courts in South Korea have ever awarded in cases infringing one single work of art, and having this figure increased to 400 Million Korean Won following an appeal by the defendants is further affirmation of the severity of this copyright infringement as well as the recognition and value the FINAL FANTASY series has attained in South Korea. Square Enix will continue to take decisive action against any infringements upon our intellectual property, recognizing that this property is one of our most crucial resources.”

In March 2007, Fantom began the for-profit online distribution of a music video for the song Sonata of Temptation by popular Korean pop singer IVY containing an unauthorized live-action scene-for-scene adaptation of a scene from Final Fantasy VII Advent Children. In response to an injunction filed by Square Enix, the Seoul Central District Court ordered Fantom to cease distribution and sales of the video as of April 6, 2007, and subsequently, on March 13, 2008, ordered Fantom to pay damages of 300 Million Korean Won. Fantom and Hong Jeong-ho appealed this decision and the case was elevated to the Seoul High Court, which on July 3, 2009, issued the decision ordering Fantom and Hong Jeong-ho to pay damages of 400 Million Korean Won.

ESA Applauds San Jose Piracy Conviction

The ESA is excited that someone will be locked up for ten months and have to pay them $5,000 USD. Take that, person with whom the ESA is very displeased. The Entertainment Software Association today gave the Superior Court of California, County of Santa Clara a high five a soul kiss for the recent jail sentence imposed on a California game pirate.

This pirate - who is not to be confused with the kind of pirate that takes American captains hostage - is named Khuong Van Truong. At an April 22, 2009 hearing, Judge Rene Navarro sentenced Van Truong of San Jose, CA to 10 months in jail and ordered him to pay the ESA $5,000 in restitution for illegally pirating entertainment software.

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Local Boys Screw It Up: Limbo of the Lost

This story, not unlike the film The Van, might have had a feel-good, happy ending to it if not for the devious behavior of the men involved. I am speaking of Majestic Studios and the backstory behind the creation of their game, Limbo of the Lost. An old news story in a local paper about three mates with a dream of making it rich illustrates how this whole ordeal could have been a success story instead of a tale of deceit and theft.

The story, which was published in the Kent Messenger on May 2nd was titled “Pub pals pin hopes on US game success,” and told the tale of three local blokes who had big dreams. The story detailed three Maidstone residents - Steve Bovis, Tim Croucher and Laurence Francis - who had just finished work on a new PC adventure game called Limbo of the Lost, a game that had apparently been in varying stages of production for nearly ten years.

“Between the three of us we researched, wrote, designed, animated, scripted and developed the whole game from home,” Francis told the paper.

Of course later revelations would reveal that Mr. Francis and friends might have had a little help developing certain assets for their first computer game. A comparison by GamePlasma would later reveal that Majestic Studios had in fact stolen assets from multiple games including Oblivion and Thief.

Since that story broke, U.S. publisher Tri Synergy dropped the title and the developers have apparently gone into hiding.

It’s a shame really, because these fellows could have made a good start in the industry if they had just done the work in the first place. If there is one lesson to be taken away from this story it is that you can’t fool gamers.

Source: Kent Messenger

Sony Gets Stung by Buzz! Trademark Suit

Buzz!, Sony’’s latest PS2 effort to draw in casual gamers, has come under fire in recent weeks. The game first had to fight off media critics when it made waves after UK schools decided to make it available to students as a part of an effort to further education. Now, here in the States, the game is staring down a trademark suit.

Buzztime Entertainment, a California-based entertainment company, filed suit against Sony Computer Entertainment Europe (SCEE) in the Southern District of California last week, alleging that the Sony’’s Buzz! franchise and its accompanying It’’s time to get buzzing tagline violate several of its own trademarks. While you may not have heard of Buzztime before now, odds are you”ve seen its products in restaurants and bars. The company makes many of the electronic trivia games seen in these places around the country. Buzztime also runs quiz services over mobile phones, digital cable and satellite systems.

In the suit, Buzztime accuses SCEE of malicious, fraudulent, knowing, willful, and deliberate violation of its trademarks. The company is seeking not only punitive damages and legal fees, but also the immediate recall and destruction of all copies of popular PS2 game.

An SCEE spokesperson asked about the lawsuit responded, We are aware that a complaint has been made against Buzz in the United States, but as is our normal procedure in matters like these we will not be making any public statement.