Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

Guitar Hero III and Guitar Freaks: Much Ado About Patents

It appears that patent issues between Activision’s new Guitar Hero III title and Konami’s Guitar Freaks may have been resolved.

The 9 patents listed on the Official Xbox Magazine demo version of Guitar Hero III are split into two sets - one group relating to the MTV Drumscape electronic arcade machine (which patents were recently acquired by Activision in August, 2006), and a second set that are known to be owned by Konami. Though neither Activision or Konami have commented, the reference to the Konami patents has led industry commentators to speculate that a licensing agreement must be in place between the two companies.

Coverage at Gamasutra(http://www.gamasutra.com/php-bin/news_index.php?story=16014)

What's it like to be Dani?

Our very own Dani Lemon was recently featured in a Canadian Lawyer article about life as a video game lawyer. She says she likes it. Go figure!

Click here for the article.

New Ad Partnerships Announced for Guitar Hero 3

Activision has announced that the latest entry in its popular Guitar Hero franchise will feature several real-world brands. Activision has entered into agreements with various well-known musical instrument and equipment suppliers and music industry publications, through which the real-world brands will appear in the game itself.

Activision states that the presence of real-world brands will add verisimilitude to the game experience. This is an interesting example of how in-game advertising and the use of real brands in games is somewhat of a two-way street -- brand owners view it as a way to get more exposure, and game companies see it as a way of increasing the realism (and therefore appeal) of their games. Of course, at the end of the day both parties almost certainly see it as a direct or indirect way of increasing revenues.

Coverage at Gamasutra.

Decision re: Pro Player Stats Upheld

In 2006 a US district court judge held that fantasy baseball leagues can use player names and stats without permission (see our previous post).

The 8th Circuit Court of Appeals has now upheld that decision, on the grounds that First Amendment (freedom of speech) rights trump personality rights.

Coverage at USA Today.

Court decision here.

Manhunt 2 Still Faces Difficulties in UK

Rockstar's "Manhunt 2" ran into rating troubles some months ago (see our previous posts here and here). The game received an "Adults Only" rating from the ESRB, meaning that many major North American retailers would not carry it, and the UK classification board (the BBFC) refused to issue a certificate for the game, meaning that it could not be sold at all in the UK.

Rockstar subsequently removed some content from the game in hopes of receiving different ratings. The ESRB issued a new "Mature" rating in response, meaning the game is much more marketable in North America. However, the BBFC has once again refused to issue a certificate for new version of the game. The BBFC has said that despite some changes (not all the changes suggested by the BBFC were made), parts of the game "retain their original visceral and casually sadistic nature".

Rockstar is continuing to appeal to the BBFC for a different result. Further changes to the game's contents are unlikely.

Coverage at Game Politics.