Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

Court Upholds a Ban on Fantacy Games in Wisconsin Prisons

On January 25, 2010, the 7TH U.S. Circuit Court of Appeals upheld a ban on Dungeons & Dragons in Wisconsin prisons.

The suit was brought by an inmate by the name of Kevin Singer who is serving a life sentence for first-degree homicide in Wisconsin's Waupun prison. In 2004, Waupun prison officials confiscated Singer's collection of game manuals, dungeonmaster notes and other paraphernalia. Prison officials argued that Singer could not keep the materials because Dungeons & Dragons promoted, inter alia, competitive hostility, addictive escape and violence. Thereafter, the prison adopted a ban on all types of fantasy games.

Singer argued that the ban violated his First Amendment rights. The Court ruled that the prison's policy was reasonable and did not violate Singer's rights.

MumboJumbo Awarded Damages in Lawsuit Against PopCap

It has been reported that MumboJumbo, a Dallas-based worldwide publisher, developer and marketer of premium casual games for PCs and various game consoles such as "Midnight Mysteries: The Edgar Allan Poe Conspiracy" and "Luxor Adventures" has been awarded $4.6 Million in a lawsuit against its former business partner PopCap.

The lawsuit opposing the parties allegedly originated from a 2006 game retail distribution agreement whereby MumboJumbo undertook to produce, distribute and sell certain PopCap games in North America. However, it was reportedly found that PopCap breached the contract by deciding to sell and market its games on its own. MumboJumbo's lawyers also reportedly showed that PopCap committed fraud and tortious interference by damaging MumboJumbo's relationship with a key retailer.

Beyond the $4.6 Million in damages that was awarded to MumboJumbo, it has been reported there will be another hearing to decide on the quantum of the attorneys' fees to be added to the damages.

Furthermore, PopCap has reportedly indicated that it intends to appeal the decision in question.

Coverage at PRNewswire.com, Gamasutra.com and Edge-Online.com.

PS3 gets hacked

According to Edge, the "unhackable" PS3 has been hacked, with details to follow, apparently.

This is timely, with the latest round of Anti-Counterfeiting Trade Agreement negotiations underway now in Guadalajara, Mexico. Those negotiations cover a wide range of copyright-related topics including anti-circumvention. One proposal is for civil and criminal penalties for breaching anti-circumvention provisions. The US has also proposed that anti-circumvention provisions be expended to cover technology that prevents access to a work (in addition to preventing reproduction of the work)

The US, of course, has anti-circumvention legislation as part of its DMCA. Canada has no such legislation, but for years has been been debating the appropriate Canadian approach to circumvention of copyright protection.

Edge article here.