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Davis LLP Web Logs or "Blogs" are intended to provide general comments on developments in the law. They are not intended to be a comprehensive review nor are they intended to provide legal advice. Readers should not act on information in the blogs without seeking specific advice on the particular matter. Please contact a lawyer listed on the blog pages for additional details, or to discuss how blog information is relevant to a specific situation.

Video Game Law Blog

» Criminal Offences

RCMP and York Police Arrest DVD Pirates

Much criticism has been leveled at Canada regarding its copyright laws; however, the news isn't all bad. Following a six-month investigation, the RCMP and York Police, in a collaborative effort, have arrested five men (Huici Chen, 36, Chung Ping Pang, 37, Tongjin Chen, 62, all from Markham, Ya Ouyang, 29, of Scarborough and Huixin Chen, 27, of Brampton) for multiple breaches of the Canadian Copyright Act for pirating movies including "Slumdog Millionaire", the "Curious case of Benjamin Button" and "James Bond: Quantum of Solace".

You might remember that in Louis Vuitton Malletier S. A. v. 486353 BC Ltd. et al (2008 BCSC 799), the Supreme Court of Canada sent a strong message to infringers of among other things, copyright, by awarding statutory damages of $20,000 per work, and $300,000 (total) in punitive and exemplary damages which were awarded (jointly and severally) against the defendant corporation and two employees.

If convicted, the five men in this most recent case could face fines of up to one million dollars and/or imprisonment of up to five years.

http://www.thestar.com/gta/crime/article/630068

ARRIVA! ARRIVA!

Mexico's Procuraduria General de la Republica and Agencia Federal de Investigacion recently seized 20 tons of pirated materials including approximately 91,200 copies of video games, 130,000 video game cover inserts and 3,200 empty video game boxes in a Guadalajara Market. It is reported that the government agencies worked with local ESA representatives to conduct the raid.

ESA has stated that they "commend Mexican law enforcement officials for their actions in this raid and are committed to fully supporting authorities around the world who conduct these kinds of enforcement actions".

Coverage at: GameDaily.com

Stalking Charge Linked to On-Line Activities

A 20-year-old man was recently arrested an charged with stalking a 15-year-old-girl. This appears to be another situation where the initial contact between the parties was on-line (in this case apparently through X-Box Live). After making initial contact, the man allegedly then commenced a series of acts of harassment.

More coverage at: Topix

Game Counterfeiter Busted in Vancouver

A game counterfeiter in Richmond B.C., a suburb of Vancouver, has plead guilty to counterfeiting video games for a variety of game systems.

The counterfeiter was fined $25,000 and was forced to give up his counterfeiter equipment.

The amount of the fine was subject to criticism from the software industry who have pushed for harsher penalties for game counterfeiters.

More at the Province

Square Enix protects its IP

The Seoul Central District Court recently issued copyright infringement sentences to the producers and directors of a music video for Korean singer “Ivy”. The video used portions of the storyline, setting and character styles from Final Fantasy VII Advent Children without Square Enix's permission.

In the words of Square Enix’s General Counsel: “This judgment by the Seoul Central District Court is stringent in comparison to other copyright infringement cases in South Korea, and we appreciate that the maliciousness of this infringement has been recognized in a public forum. Square Enix will continue to take decisive action against any infringements upon the Company's intellectual property, recognizing that this property is one of our most crucial resources.”

The total damage awards were small (approximately $11,000 against the producer and $6,500 against each of the directors), but sometimes the certainty of a small penalty can be a more effective deterrent than the uncertainty of a large penalty. Also, Square Enix’s civil lawsuit is still pending and might result in an additional damage award.

Square Enix’s press release is here.

Guitar Hero III Responsible for Crime Wave?

The recent release of the much anticipated Guitar Hero III has apparently resulted in at least one (minor) crime. In Adamsburg, Pennsylvania, a modern day Bonnie and Clyde allegedly attempted to steal a copy of the game. However, any possibility of a interstate crime spree was thwarted thanks to a failure to gas up the getaway car.

Coverage at GameRush Entertainment

Former Take-Two executives charged with falsifying company records

Two former executives of Take-Two Interactive Software Inc. ("Take-Two") have plead guilty to misdemeanor charges involving falsifying company records in connection with backdated stock options. The former general counsel of Take-Two was fined $50,000 (U.S.) and has been permanently barred from holding certain positions in publicly-traded companies. The former comptroller of Take-Two was fined $300,000 (U.S.) and was barred from holding certain positions in publicly-traded companies for five years.

More coverage at: C/Net News.com

Related blog entry in one of our past postings.

Piracy of Video Game Films

Thinking of turning your hot new game into a movie? You'll be happy to know that Canada is getting tough with the pirates who would steal your booty. We recently published an article in the CBA Addendum regarding Canada's new anti-piracy efforts in the movie industry. The article is available here.

FBI To Investigate Online Gambling

At the invitation of Linden Labs, creators of Second Life, the FBI has commenced an inquiry into whether virtual currency which can be bought with real money contradicts a U.S. statue introduced last year banning online casinos.

Coverage at: http://bloggeykong.blogspot.com/2007/04/fbi-to-investigate-second-life-gambling.html (Bloggey Kong)

5 YARDS FOR ILLEGAL Wii BUNDLING?!

Toys "R" Us is said to be under investigation by the Better Business Bureau over its Wii bundling practices. Some Chicago consumers are complaining of having been misled and railroaded into purchasing Wii bundles costing about $200 more than an advertised price (not for a bundle).

The BBB is reported to now be 'apparently challenging Toys "R" Us on its advertising of the Wii"? while Toys "R" Us has apparently told NBC that it was not an advertising problem and that it was simply a "misunderstanding"?, that consumers that wish to return the bundle and purchase the cheaper product will be allowed to so.

Mere bundling is not necessarily illegal.

coverage at http://shorl.com/bobrybigamoda (GameDaily)

BILL TO DEAL WITH BULLIES UNANIMOUSLY PASSES IN THE U.S. SENATE

Jack Thompson might have lost his court battle against the controversial 'Bully"? video game, but we haven't heard the last of U.S. courts trying to deal with bullies, virtual or not.

Sen. Robert Antonioni, who currently chairs the Joint Committee on Education, is pushing for a new state (Massachusetts)law to create policy to deal with bullies in the public schools. This law proposes to define bullying and to provide guidelines for school boards to develop and enforce anti-bullying policies.

While the bill is not likely to have any impact on video games such as the 'Bully"?, clearly there is a problem with bullying in the U.S. and at least one Senator is trying to do something about it.

The bill unanimously passed in the Senate and is expected to pass in the House next spring.

Coverage at  http://shorl.com/fotrakebisahe  (CBS4 Boston)

JACK THOMPSON VS THE BULLY - PART II - JUSTICE FRIEDMAN STEPS DOWN

The presiding judge in the case, Ronald M. Friedman, has recused himself and filed a complaint with the Florida bar against Thompson. Undaunted, Thompson sent an open letter to the Florida bar arguing First Amendment rights and stating that 'if you take Judge Friedman's bait, I shall reel you in."?  

For the time being Thompson seems to have avoided jail time, but I wouldn't hold my breath if I were you. The self proclaimed 'jerk"? isn't likely to back down from a fight any time soon.

Coverage at 

http://shorl.com/daridraheraste (Destructoid)

JACK THOMPSON VS THE BULLY

For weeks now, the attempt made by Jack Thompson to block the sale of the controversial 'Bully"? video game in Florida has been a hotbed of discussion and debate amongst video-gamers and lawyers alike. Jack Thompson, a Florida-based lawyer, named Wal-Mart, Gamestop and Take-Two Interactive as defendants in a suit in which he sought to have a Florida court issue an injunction estopping the release on October 17th, 2006 of the Bully video game. The judge refused to block the sale of the game, but it hasn't stopped there Thompson now faces contempt of court charges filed by Blank Rome, the Philadelphia law firm representing Take-Two Interactive. 

His reaction? 'You want to play hardball"?? You want to try to throw me in jail? You have no idea what you are unleashing in doing this. You're at the brink"?"?

There is sure to be more to come"?

Coverage at 

http://www.shorl.com/jabribrilidrapy (Gamespot)

http://www.shorl.com/bapifrastitymi (Kotaku)

http://www.shorl.com/fajafupytreno (1up)

BULLY A PUBLIC NUISANCE?

Florida's Third Court of Appeal has ordered that Take-Two's Bully be reviewed by a judge to determine if it should be deemed a 'public nuisance"?. If found to be a public nuisance, sales of Bully to minors will likely be subject to an immediate temporary ban.  Bully is scheduled to be offered for sale to the general public next week.

coverage at  http://shorl.com/fapydrivujuvi (GameDaily)

U.S. ATTACKS ONLINE GAMBLING

The Unlawful Internet Gambling Enforcement Act was unexpectedly passed by Congress on Saturday.  
In general, the bill prohibits banks and credit card issuers from processing payments from customers in the United States for internet gambling.  

Coverage at  http://shorl.com/duletredrufeso (CTV.CA)

VIOLENCE IN MONTREAL

25-year-old Kimveer Gill is reported to be responsible for the murder of one Dawson College student and injuring 19 others. Not to mention scaring and scarring the student population and bringing tears to the eyes of my hometown. His death at the hands of the police does not assuage our collective sorrow. 
Talking about this tragedy, Prime Minister Harper is said to have stated that 'debates are sure to unfold about the government's role of censorship in video games and the monitoring of the Internet"?. I agree with his thinking. Let's start a debate. Here are my two cents worth. 

News reports so far seem to confirm that the Dawson population helped each other, that the police acted prudently and quickly and that emergency personnel succored those in need rapidly. I'm sure that with time we might find flaws in how things were handled, to be denounced and addressed.   

Aside from legislation that dictates the duties of police and emergency personnel, Art. 2 of Quebec's Charter of Human Rights and Freedoms provides that every human being whose life is in danger has a right to assistance and imposes a legal obligation on every person to come to the aid of the person in danger, personally or by calling for aid, unless this would result in danger for the person assisting or someone else. 

So the Good Samaritan rule of the Quebec Charter was respected. 

What about Kimveer Gill? Did we fail to assist him? Should we have identified him as someone in need of aid? And if so, how should we have helped him? Would the censorship of video games and the monitoring of the Internet have helped him? Would we also need to consider censoring the music groups that Kimveer listened to (e.g. Marilyn Manson) or the websites that he frequented? What about Canada's gun register and gun laws? Should we revisit them? 

It's a good thing that this is just a video game law blog. I don't have to pronounce myself on whether we failed to help Kimveer or not. I will say, however, that, in my opinion, the levels of censorship/monitoring and of government intervention that would be required to prevent crimes such as Kimveer's would be right out of 1984. Are we willing to give up so much freedom?

 
coverage at  http://shorl.com/gylybryvokeve (Sympatico News)

TAKE-TWO TROUBLES

Take-Two should be celebrating last quarter's jump in its net revenue to $240 million. Instead, Take-Two is reported to have announced the delay of its final earnings report due to an internal investigation into its granting of stock options. Moreover, the company is also said to have disclosed having received additional grand jury subpoenas issued by the District Attorney of the County of New York 'requesting documents...regarding stock options and other equity-based compensation."

coverage at http://shorl.com/degrovimubregre (Gamespot)

ARE FANTASY SPORTS LEAGUES “GAMBLING”?

Earlier this month we reported on a US district court ruling that fantasy baseball leagues can use player names and stats without permission from Major League Baseball because MLB doesn't own any intellectual property in the names or stats. Another pressing issue is whether fantasy sports leagues violate criminal gambling laws. 

In Canada, for example, agame is illegal in Canada if

(i)   the contestant must pay to play,

(ii)  success is based (at least in part) on chance, and

(iii) the winning contestant wins goods, wares or merchandise.

Many fantasy sports games meet the first and third requirement. The real issue is whether they meet the second element too. We may soon find out (at least in the US).

A lawyer in Colorado has filed a lawsuit claiming that various Fantasy Sports providers (including ESPN and CBS) are violating gambling laws. The defendants have not yet commented.
Coverage is here  http://www.shorl.com/fakydokavepu (law.com)

THEY FOUGHT THE LAW, BUT THE LAW WON

Two Bristol men have been sent to jail for large-scale copying operations, which included the creation and sale of pirated games. The men have been convicted under the UK Trade-marks Act and Video Recordings Act, and proceeds of crime investigations have also begun.

Coverage at http://shorl.com/dynehubrybopu (BBC)

and at http://shorl.com/hupustalivysy (Myth-Games.com)

MS DEPLOYS COUNTER HACKING EFFORTS IN KOREA

Microsoft is confident that the DVD firmware hack will be countered by its Xbox Live updates.

Sales of security upgraded consoles in Korea have increased over the past month after hackers tinkered with the embedded DVD software drive to allow copied CDs to run on the machine. Xbox is confident that the problem will be 'neutralized"? through software updates (detected and prompted for installation upon connecting to Xbox Live).

Apparently more consumers are attempting to bypass Xbox's security in order to be able to use cheaper pirated software. The additional cost for a modified console is said to be approximately KRW 70,000 (60 Euro) and users are tempted by the saving of about KRW 25,000 (21 Euro) from the purchase of pirated software.
coverage at http://shorl.com/gybrestigribinu

TABLE OF VIDEO GAME CASE LAW

We're pleased to report that our blog now contains a table of video game law cases.  It's a work in progress (we have a bunch more cases to add) but we're so excited that we just can't wait to share.  So here's the link  http://www.davis.ca/community/blogs/video_games/files/blogtable.htm

Keep checking back for updates.  There's also a link on the homepage of the blog. 

INSOMNIAC'S PRICE WEIGHS IN AGAINST LOUISIANA

Insomniac Games' president, Ted Price, is said to have filed a brief supporting the Entertainment Software Association's and the Entertainment Merchants Association's judicial challenge of Louisiana's violent video games law. The brief focuses on the broadness, ambiguity and vagueness of the law.

coverage at http://shorl.com/dyprogiholeri (gamedaily)
full brief at http://shorl.com/babrosokidrofy (gamepolitics)

VIDEO GAMING AS AN ADDICTION

Smith& Jones Addiction Consultants is opening Europe's first detox clinic for video game addicts in Amsterdam.

It is reported that about a dozen clinics already exist in the United States and Canada, and even one in China, as problem gaming gains recognition as an ailment requiring treatment.  According to the article referenced below, Keith Bakker, director of Smith& Jones Addiction Consultants, has stated that although video games may look innocent, they can be as addictive as gambling or drugs.

Others, like Richard Wood, a professor of International Gaming Research Unit at Nottingham Trent University, are reported to be sceptical about viewing heavy gamers as addicts.

The medical debate on whether heavy gaming can be deemed an addiction will necessarily have an impact on the legal field. Already violence in video games is being used to explain, if not justify, the violent actions of players. Will video gaming addiction stand as a defense, or as a mitigating factor, in criminal law? What about employment law? In many jurisdictions some addictions are recognized as a handicap protected by human rights and employment standards legislation. Will an employer have to accommodate and offer treatment of an employee's video gaming addiction?

coverage at  http://shorl.com/fugipralihyve

FTC HOT COFFEE SETTLEMENT ANNOUNCED

The US Federal Trade Commission announced today that it has reached a settlement with Take-Two and Rockstar Games regarding GTA San Andreas.

GTA San Andreas sparked enormous controversy last year when it was revealed that the game contained hidden sexual content. As a result, the game was re-rated from M to AO by the ESRB, and there was great public and political outcry (and not a few lawsuits).

The FTC complaint alleged that Take-Two and Rockstar undermined the game industry ratings system and deceived consumers by failing to disclose that the game contained unused but potentially viewable nude images and a disabled but potentially playable sexual mini-game.

Highlights of the proposed consent agreement (which is subject to public comment for 30 days, after which the FTC will decide whether to make the agreement final) include

  • Take-Two and Rockstar will clearly and prominently disclose on product packaging, and in any promotion or advertisement, content relevant to the rating, unless that content has been sufficiently disclosed in prior submissions to the rating authority.


  • The companies cannot misrepresent the rating or content descriptors for an electronic game.


  • The companies must establish, implement and maintain a comprehensive system reasonably designed to ensure that all content in an electronic game is considered and reviewed in preparing submissions to a rating authority.


  • Once the order becomes final, the companies will be subject to civil penalties of up to $11,000 per violation.


The agreement does not deal a great blow to Take-Two and Rockstar (who have already incurred large costs in dealing with the Hot Coffee incident), but imposes strict requirements regarding how the companies' video game content is rated.

FTC Statement at http://shorl.com/fafripastytaso

Coverage at http://shorl.com/danigrusohapo (Gamasutra)

and at http://shorl.com/haprygygrebrive (GameSpot)

TENNESSEE'S ANTI-VIOLENT VIDEOGAMES BILL WITHDRAWN

Tennessee's Senator Kilby has withdrawn his anti-violent videogames bill over constitutionality concerns. In brief, his bill proposed the ban of the sale of violent videogames, regardless of consumer age. The bill was viewed as non-viable given that less draconian bills have been struck in other states.

The battle over censorship continues, with judicial challenges by the industry and attempts by governments to control videogame content or distribution. Minnesota, for example, has just passed a new bill proposing fines for underage consumers found to be knowingly renting or buying M or AO rated software.

 
coverage at http://shorl.com/bidupryripropo

MINNESOTA BILL TARGETS UNDERAGE BUYERS

The Minnesota House of Representatives has passed a bill which targets the customer side the video game retail transaction "? the bill makes it a petty misdemeanour for a person younger than 17 to knowingly rent or purchase a video game with an ESRB rating of M (Mature) or AO (Adults Only). Violators will be subject to a fine of up to $25.

Jeff Johnson, one of the bill's authors, says that video games are full of 'absolutely disgusting stuff"?. Mr. Johnson, who is running to be Minnesota's Attorney General, acknowledges that the bill is open to constitutional challenge.

Information on Minnesota Bill SF0785: http://shorl.com/gofrividrehabu

Coverage at http://shorl.com/dujugostosapry (GameSpot)

GUILTY PLEA IN HOLLYWOOD XBOX COPYING CASE

A co-owner of a trendy Melrose Avenue game store has pleaded guilty to conspiring to traffic in copyright-circumvention technology, conspiring to infringe copyright for financial gain, and wilfully infringing copyright by reproducing and distributing pirated works. His co-owner has agreed to enter a similar guilty plea.

The two are accused selling modified XBOX consoles with pirated games preloaded onto their hard drives. A third man has been charged but has missed his court appearances.

Coverage at  http://shorl.com/gysydalinoro (News.com)

CHINESE COURT UPHOLDS CONVICTION FOR STEALING VIRTUAL PROPERTY

Last year a Chinese court convicted a man for selling passwords and in-game property which he had stolen from players of the online game "Da Xihua Xiyou". Another court has just upheld the initial decision, stating that the robbed players had spent time, energy and money acquiring and adding value to their virtual property. The accused had sold the stolen (virtual) goods for about $500; he was fined about $620 for his illegal activities.

Coverage at http://shorl.com/henumuhyropri (ZDNet)

TAKE TWO AND ROCKSTAR LOSE APPEAL

In 2003, two police officers and a dispatcher were killed in Alabama by a teenager who played Grand Theft Auto obsessively. The teen was sentenced to death, and the families of the victims sued the game's developer and publisher, Rockstar and Take Two Interactive. 

Rockstar and Take Two applied to dismiss the lawsuit. Their application was dismissed earlier by a circuit court judge, and their appeal was just denied by the Alabama Supreme Court. However, the court is still willing to consider arguments regarding whether the Alabama courts have jurisdiction to hear the case. 

Coverage here  http://www.shorl.com/gadrusamogrydro  (Everything Alabama)

PIRACY IS A CRIME.

(Just so you know.)

The court in US v. Yonatan Cohen convicted the defendant for violating US copyright laws by selling a game console that contained over 40 Nintendo games. As part of his punishment, he was required to pay for the following ad http://www.shorl.com/dybrofrebresyvi

YOU HAVE EVERYTHING TO LOSE BY VIOLATING COPYRIGHT LAWS!!!

(Thanks to David Schnider at Sedgwick for spotting this.)

INAPPROPRIATE VIOLENCE

You may recall that in late January we covered Utah's violent video games bill (HB 257). Well, it was passed overwhelmingly (56-8) by a vote in the Utah House of Representatives last week. The bill, which seeks to stop access to 'inappropriate violence"? by minors, will now be examined by Utah's Senate. The constitutionality of the bill remains in question.

our previous coverage is here

current coverage at  http://shorl.com/buprygumidreki

P.S. Game Politics has developed a video game legislation tracker, to help keep an eye on things, at  http://www.gamepolitics.com/legislation.htm

MEDIA SPOTLIGHT ON RACING GAME

We reported yesterday about a fatal car crash in Toronto involving two teenagers who were allegedly street racing.  Early reports mentioned that a copy of "Need for Speed" was found in the front seat of a suspect's car.

As predicted, it did not take long for people to start linking the crash and the video game.  For example, CTV reports point to the "deadly video game" -- see article and related video reports here .  Similarly, a Vancouver Sun article headline reads "Racing video game found in accused street racer's car" -- see here .

Good Violence -vs.- Bad Violence?

 Another attempt to regulate bad video game content by our neighbours. Utah's Bill HB 257 aims to modify the Criminal Code and stop access to 'inappropriate violence"? by minors. The Bill toes the line of proposed or existing Federal and State legislation, some of which has been declared inoperative or unconstitutional.

The Bill defines 'inappropriate violence"? as

'Any description or representation, in any form, of violence when it

"(a) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors;(b) taken as a whole, does not have serious literary, artistic, political, or scientific value for minors;(c) is glamorized or gratuitous;(d) is graphic violence used to shock or stimulate;(e) is graphic violence that is not contextually relevant to the material;(f) is so pervasive that it serves as the thread holding the plot of the material together;(g) trivializes the serious nature of realistic violence;(h) does not demonstrate the consequences or effects of realistic violence;(i) uses brutal weapons designed to inflict the maximum amount of pain and damage;(j) endorses or glorifies torture or excessive weaponry; or(k) depicts lead characters who resort to violence freely."

If passed, the Bill would make it illegal for anyone to show, sell or give games, movies, or any other media containing inappropriate violence to minors and punishment would be harsh.

Utah's Office of Legislative Research and General Counsel declares in its Legislative Review Note that 'Based on limited legal review, this legislation [i.e. the Bill] has not been determined to have a high probability of being held unconstitutional"?.

Utah is joined by Iowa, which is considering similar legislation tabled this week.
Coverage at http://shorl.com/guhograbrapryba

NEED FOR SPEED IN CRASH SUSPECT'S CAR

Two Toronto teenagers have been charged with criminal negligence causing death after a late-night crash in Toronto on Tuesday night. Police allege that the two teens were street racing when one crashed into a taxi, killing the taxi driver.

Investigators have told the media that a copy of 'Need for Speed"? was found on the front seat of one of the suspect's cars. Whether anyone is going to take the next step and allege that playing 'Need for Speed"? was a contributing factor to the crash remains to be seen (but we expect someone will).

Coverage at http://shorl.com/deprupimabale

XBOX PIRATES AND MODDERS ARE INDICTED

The owners of a video game store in California were recently indicted for allegedly copying XBOX games and installing them on modded consoles. 

Video game piracy is obviously an infringement of copyright, and it might also be a criminal offence. Likewise, circumventing copy protection technology can violate US copyright law. Canada does not yet have anti-circumvention legislation; however, Canada's proposed amendments to the Copyright Act do currently contain anti-circumvention provsions.

Coverage here http://www.shorl.com/bejubugrekuko

THOMPSON HARASSER ARRESTED

Jack Thompson, the notorious anti-video game lawyer, claims that a 16-year old boy has been arrested for making threatening and harassing phone calls to Thompson. Thompson implies that the threats were part of a campaign by the video game industry to discredit him.

Coverage at http://shorl.com/bohunesilyka

Vivendi Allows Fans To Create King's Quest Sequel

Vivendi Universal Games, the holder of the rights to the King's Quest games (which were created by Sierra in the 1980s), has allegedly granted a 'fan license"? to Phoenix Online Studios to create "The Silver Lining," which was previously entitled "King's Quest IX Every Cloak has a Silver Lining."  Details of the license are not available, but Vivendi has apparently responded to fan requests to grant the license after Vivendi ordered Phoenix to stop development on the title a few months ago. This appears to be a winning move for Vivendi the fan project could breathe new life into the stagnant King's Quest world, fans of the games get a new title to enjoy, the brand "King's Quest" doesn't get watered down (at least, not by the title of the game), and Vivendi has undoubtedly earned some new fans by this generous move. Who said the adventure genre is dead?

Coverage at http://www.kqix.com/home.php

Blagojevich Versus The Constitution

As reported in an earlier posting , U.S. District Court Judge Kennelly has ruled that the proposed Illinois law, which sought to ban the sale of violent or sexual video games to minors, is unconstitutional. Undeterred, Illinois Governor Rod Blagojevich has vowed that the 'battle is not over,"? and will presumably attempt to redraft the law so it complies with the first amendment right to free speech.

Coverage at http://www.shorl.com/fetegelomise

PSP VANDALISM?

Someone has been vandalizing buildings in San Francisco, New York, L.A. and Chicago with similar images of characters playing with their PSPs. There's speculation that Sony is supporting the vandalism because the characters are similar and the quality of the artwork is good. 

However, Sony denies any connection to the graffiti (and rightly so"? supporting it would be illegal). In our view, aside from the illegality, this would be a strange campaign for Sony to support because most of the characters playing with their PSPs look hypnotized (dare we say 'stoned"??).
Coverage here  http://www.shorl.com/hobresufrysteva

Germany Taking Steps To Curb Violence

No, not on the streets, but in their video games!  Proposed amendments to Germany's child protection laws could serve to ban any game which depicts lethal violence. Following trends in USA and Japan, the proposed changes would give government power to regulate violent content, above and beyond the industry-controlled rating system already in place. The language of the amendment isn't final, but if approved would go into effect March 2008.

Coverage at http://www.shorl.com/fobyrytratrede

LIABILITY IN THE MMO WORLD

We just published an article in theLawyers Weeklyregarding unexpected potential liability in the online gaming world. 

Here's the link  http://www.shorl.com/gorufebradrome

Infinium In Trouble

Ifinium Labs, which trades on the over-the-counter market, is in the midst of one of its biggest challenges to date. Infinium's Chairman Timothy Roberts, who resigned from the posts of chief executive and acting chief financial officer in August, has been informed by the SEC that he is under investigation. Infinium believes the SEC notice is connected to charges filed by the SEC in July against three men for the alleged fraudulent promotion of several companies, including Infinium Labs. Infinium has further stated that certain aspects of six quarters' worth of its financial reports (regarding payroll and payroll taxes) contain errors, as they failed to disclose interest and penalties which could effectively double the amounts actually disclosed.

Infinium Labs has been working toward the release of the Phantom Game Service video game console.  It is unclear when the Phantom Game Service will launch.

Coverage at http://www.shorl.com/fadudagribroste

The Dreaded Pirate Ponce De Leon

No, not the 16thcentury explorer. Dashiell Ponce de Leon of Richmond, Texas has been convicted of criminal copyright infringement by the US District Court of the District of Columbia, for selling 'backup"? (read pirated) copies of game and application software online. Ponce de Leon was sentenced for 3 years and 10 months in a federal prison, followed by 2 years of supervised release, and must pay $1.15 million in restitution fines. Due to this strong sentence, Ponce de Leon's case stands as a harsh deterrent against Caribbean and North American exploration. Piracy. I meant to write 'piracy"?.

Full coverage at http://shorl.com/fabegedratyku

DAVY JONES'S LOCKER FOR PIRATE CAPTAIN

The Entertainment Software Association has announced that the owner of the Pandora's Cube chain has been sentenced to 5 months in prison and three years of supervised release (including 5 months of home arrest) for game piracy activities. The sentence also includes a fine of $247,237 and 80 hours of community service.

Several Pandora's Cube employees modified Xbox consoles into 'Super Xboxes"?, which allowed users to bypass the Xbox's copy protection and use pirated games; the employees also loaded illegal copies of games onto the 'Super Xbox"? hard drives. Three other employees have also been convicted and sentenced for these activities (see our previous post ).

ESA press release at http://shorl.com/fodifrifeleby

Coverage at http://shorl.com/bodradrorofryvu

Michigan Tackles Inappropriate Video Games

Michigan's House of Representatives has passed two bills to help enforce video game content ratings. Bills 416 and 464 would impose fines on people who sell or rent violent or sexually inappropriate video games to people under the age of 17, with exceptions if the rental or sale follows the ESRB ratings system. The bills are not yet law - the Michigan state senate still needs to approve them.

Coverage at http://www.shorl.com/fapihypramyfu and http://www.shorl.com/dalugosifretre

SCAMMER ARRESTED FOR FIRING BLANKS

A Utah man has been arrested for buying video games and then returning the boxes (re-shrinkwrapped) with blank CDs inside. He would then sell the game CDs on eBay. Authorities say that the man was caught because he got greedy "? he kept working his scam long enough for stores and the police to catch on.

Coverage at http://shorl.com/jedutydrupusi

MAN ARRESTED FOR VIRTUAL MUGGINGS

We're all aware that people sometimes get mugged for their flashy possessions "? an iPod, say, or an expensive pair of shoes. This sad trend has now made its way into the virtual world. A Japanese man suspected of conducting on-line muggings in the game Lineage II has been arrested. The man allegedly used software bots to attack and rob characters in the game, then sold the virtual possessions for real cash through an auction website.

Coverage at http://shorl.com/banudryledryve

NO CIGAR

An Alabama jury recently convicted Devin Moore of capital murder. In his defence, the 20 year-old partly blamed his actions on GTA. The jury didn't buy it.

As you might expect, the story isn't over yet  the next chapter is the civil lawsuit filed by the victims' families against Take-Two and others. Anyone know a good video game lawyer?

Coverage at  http://www.shorl.com/dedradrogibryre

VIDEO GAME COUNSELLING?

The Criminal Code of Canada includes an offence of “counselling”. If you “counsel” someone to commit an offence, you can be convicted regardless of whether the offence is committed. The Supreme Court of Canada recently addressed this criminal provision, and comments by one of the judges show how the “counselling” offence may be relevant to video games.

The Court decided that “counsel” means the deliberate encouragement or active inducement of the commission of a criminal offence. It does not merely mean “to advise”. That definition is far too broad, and would involve a serious limitation on freedom of expression. As one of the judges pointed out (and this is where video games come in), using this broad definition would mean that movies, video games, textbooks, and other literary works that describe or depict the commission of an offence would be subject to state scrutiny.

This comment demonstrates two important things. First, the Supreme Court of Canada is aware of video games and how their content might be controversial. Second, it looks to us like the claim could still be made that a video game “deliberately encourages” criminal offences. Clearly this is a difficult argument to support. As the case points out, merely describing or depicting certain behaviour does not necessarily qualify as encouraging that behaviour. But is a violent video game different from a violent movie, in that the game player is an active participant in the game violence while a movie-watcher is purely passive? No doubt some parties would make that claim. Still, it's unlikely that we will see a criminal case involving such a charge any time soon.

So, what's the best thing to draw from this case? Probably the minor satisfaction that the Supreme Court of Canada has acknowledged, albeit in very brief passing, that video games are expression that is worthy of protection and that should not lightly be made subject to criminal sanctions.

The case can be found at http://shorl.com/gonofobufradry

R. v. Hamilton
July 29, 2005, Supreme Court of Canada
2005 SCC 47, 2 SCR 432
KEYWORDS: counselling - criminal law - content of video games
SUMMARY BY: David Sprately

Another Xbox Modder Sentenced

Hitesh Patel, a 31-year-old employee of Washington DC-based game retailer Pandora's Cube, has been sentenced to 8 months for selling 'Super Xboxes,"? which are Xboxes modified with larger hard drives which play imported and pirated games. Because Patel sold many units with pirated games pre-installed, it is difficult to assess the extent to which his prosecution is due to modding, versus the distribution of pirated games.

See article at http://www.shorl.com/fekobribrybyru

FIGHTING ILLINI

Illinois Governor Rod Blagojevich has finally signed the Safe Games Illinois Act into force. Illinois will now limit the sale and rental of games with 'violent and sexually explicit"? content, and retailers who sell or rent such games to people 18 or under are subject to fines. The Act becomes effective on January 1, 2006.

The Electronic Software Association, the Video Software Dealers Association and the Illinois Retail Merchants Association have since filed a lawsuit trying to prevent the implementation of the Illinois legislation. The lawsuit claims that the legislation directly prevents fully protected expression, and will cause a further chilling effect because it is vague and unclear. Since similar legislation has been overturned elsewhere, this will be an interesting fight.

Coverage at  http://shorl.com/honystifukyva

Governor Blagojevich's press release at http://shorl.com/bisubrydribrule

ESA press release at http://shorl.com/bumepromebuse

Us House Of Representatives Burned By Hot Coffee

Rockstar Games, and its parent Take-Two Interactive, are under investigation by the feds. The US House of Representatives has voted 355 to 21 to support a Federal Trade Commission inquiry into GTA San Andreas, asking whether the companies intentionally deceived the Entertainment Software Ratings Board by failing to disclose the graphic sexual content hidden within San Andreas.

Coverage at http://www.shorl.com/budugosibrulo

Japanese Gaming Industry To Self-regulate

Amid concerns over recent video-game related violent incidents in Japan, the Japanese gaming industry is rolling out a video game ratings system. The system asks retailers to not sell over-18 rated games to minors unless they are accompanied by an adult, but retailers are under no legal obligation to comply. It's been speculated that this is a move by the Japanese gaming industry to forestall government regulation on video game content, in light of the recent move by Kanagawa prefecture to ban the sale of Grand Theft Auto III to minors. Whether this move will be enough to keep the government out of gaming is an open question; the North American ESRB ratings system, which itself was set up by big gaming companies to avoid government regulation, is presently being eroded by recent government bans on the sale of games to minors, and by Ms. Hilary Clinton's actions in the wake of the Hot Coffee fiasco.

See article at http://www.shorl.com/bygrinetratiri

The Death Of P2p?

The end of June brought sad news for the peer-to-peer (p2p) community, with the US Supreme Court finally deciding MGM v. Grokster. The decision, which holds p2p company Grokster liable for the unauthorized trading of copyrighted works on its networks, modifies the 1984 Sony Betamax case in which the US Supreme Court stated that manufacturers of devices capable of copyright infringement (such as VCRs and photocopiers) are not liable for such infringement, provided their devices also have legitimate uses. Grokster does not significantly change this 1984 decision, but instead carves the niche that 'one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, going beyond mere distribution with knowledge of third-party action, is liable for the resulting acts of infringement by third parties using the device, regardless of the device's lawful uses."?

Instead of outlawing p2p networks, the ruling warns against improper p2p software marketing. Unfortunately, determining what might constitute the "?promotion of copyright infringement' is not made readily clear by the ruling, leaving p2p software companies on potentially unstable legal footing. Whether this uncertainty will result in a chilling effect on p2p software remains to be seen.

See the case at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-480

Modding Is Illegal... At Least If 80 Pirated Games Are A Mod

A 22-year old man was recently charged in the UK for modifying and selling Xboxes. The modification of video game consoles is illegal in the UK due to its adoption of the EU Copyright Directive. Although official comments from ELSPA - the Entertainment& Leisure Software Publishers Association - state that this conviction sends a signal to would-be modders, the importance of this case should not be overstated. Here, the Xboxes were not only chipped, but also sold with 80 pre-installed pirated games, leading us to wonder whether it was the software piracy or the mod chip that lead to enforcement.

Article at http://www.shorl.com/hugepofafavi

REAL-LIFE KILLING OVER VIRTUAL SWORD

A disturbing episode in China highlights how seriously some people take on-line games. Qiu Chengwei spent hours playing Legend of Mir III and eventually obtained one of the game's most powerful weapons, the dragon sabre. Qiu then lent the virtual sabre to Zhu Caoyuan, who proceeded to sell it for real money. Chinese police did nothing when Qiu complained, taking the position that the virtual sword was not property that could be stolen. Qiu eventually attacked and killed Zhu. He has been sentenced to death for murder, although the Chinese court has suspended that sentence for two years and the sentence may eventually be reduced to prison time.

This episode raises many questions, including the treatment of virtual "property" and the social consequences of excessive on-line gaming.

Coverage at http://shorl.com/fefustustidremu

And at http://shorl.com/babuhufryfrake

STREET FIGHTER COMES TO KANAGAWA

Capcom, the Japanese publisher of Grand Theft Auto III, has publicly come out against the Kanagawa Prefect's recent decision to ban the sale of the game to minors. Capcom's statement posits a number of reasons why Kanagawa should not have placed restrictions on GTAIII, ranging from a lack of negotiation and precedent to freedom of expression, but concludes with a promise of more self-regulation from Capcom in the future. Capcom is also considering legal action in this matter.

Full coverage at http://www.shorl.com/hemydrosabesty

Our previous coverage here  and here .

 

PROTECTING THE PSP IN EUROPE

The PSP, Sony's handheld answer to the Nintendo GameBoy and DS, has not yet launched in Europe and has had its launch date delayed more than once. ElectricBirdLand is one of the online stores importing Japanese PSPs to Europe for retail sale, prompting Sony to respond this past April with cease and desist orders. However, according to Dan Morelle, the managing director of ElectricBirdLand, Sony may not have the European intellectual property protection it needs to stop importers. Morelle reports that 'PSP"? is used by UK firm Owtanet Ltd for their 'Publishing, Shopping and Profiles"? software, and Owtanet claims to have registered a trademark in PSP in 2000, and that legal proceedings are currently underway. Furthermore, Morelle claims that Advanced Micro Devices (AMD) is contesting Sony's use of 'UMD"? to describe its optical discs, on the grounds that it is confusingly similar to 'AMD"?. Morelle states that ElectricBirdLand will continue to sell PSPs in Europe until Sony can establish how it is being harmed by import sales.

Full coverage at http://www.shorl.com/budadadrobyki

PLUMBER V. PIRATES

A new report from Nintendo of America describes the company's various anti-piracy efforts in the first quarter of 2005. Nintendo, which is ramping up its anti-piracy efforts, proudly reports on how many counterfeited products were confiscated around the world (approximately 178,287), how many on-line auctions for counterfeit products were shut down (approximately 25,299), and how many criminal actiosn and investigations are ongoing (about 81).

The report also discusses various significant piracy cases, including the start of a trial in Taiwan against Eric Lo and his company Revotek (whom Nintendo claims has designed and distributed in excess of 35 million chips used in counterfeit Nintendo games); the addition of a Taiwanese semiconductor company to existing litigation against two US companies for distributing counterfeit devices; and obtaining a $5 million judgment (plus interest) in Hong Kong against defendants who sold the Flash Advance Linker (which allows Game Boy software products to be copied).

Coverage at http://shorl.com/geranesadygu

PSP PIRATES “WE'RE SO S-M-R-T SMART!!!”

Pirates recently released unauthorized copies of PSP games onto the Internet. However, the PSP has great copy protection technology there aren't any UMD burners yet, so the pirated games can't be played on the PSP. There's a chance the games could eventually be played from a memory stick, but Sony has taken steps to prevent this.

Coverage at  http://www.shorl.com/dinegryfepreva

Sony Folds Like Cheap Rug Under Hot Bangladeshi Sun

Sony has conceded to Bangladeshi demands regarding its upcoming military shooter, 'SOCOM 3"?. The latest instalment of SOCOM, set for release later this year, allegedly included Bangladesh as an in-game setting, but the extent to which the country was involved in the game is not clear. Apparently, the government of Bangladesh believed that the game portrayed the country as harbouring or supporting terrorist groups, and threatened to sue Sony if all references to Bangladesh were not removed from the game. Sony has publicly stated that they complying with the government of Bangladesh's demands.

Coverage at http://www.shorl.com/dojyprumufrulu

North Carolina Cleanin' Up The Streets

North Carolina's Senate Bill 2 has obtained state senate approval; if it is also passed by the state house and the governor, it could be North Carolina law as early as December, 2005. Bill 2 governs the sale and rental of video games, and prohibits stores from selling or renting violent or sexually explicit games to minors.  The bill also seeks to force stores to keep such games out of the reach and view of minors, and to post information on the ESRB ratings system.  Games likely affected include Grand Theft Auto, Leisure Suit Larry, and the Guy Game.

See the Bill at http://www.shorl.com/bamujekimedru

Coverage at http://www.shorl.com/dihekypypuvi

Finland Or The FBI?

When the law stops working, it's time to create a dummy hash file.

Finnish Company Viralg Oy claims to have engineered digital rights protection software that generates such a file, which can then be inserted into a P2P network to trick downloaders into accepting garbage data instead of the copyrighted content they so greedily desire. As this garbage data spreads across the P2P network, less original content is distributed and more finished downloads are corrupted, making the file sharing process nigh-impossible. Whether Viralg's creation will significantly prevent piracy - or merely cause a short-lived annoyance to the grog-drinking yar-shouting masses - remains to be seen.

Coverage at http://www.shorl.com/garobynufusta and http://www.shorl.com/hytrahodresyla

NINTENDO “THE FBI ROCKS!”

OK, so Nintendo didn't really say that. What they really said was 'Nintendo applauds the actions taken by the FBI. U.S. law enforcement authorities have played an instrumental role in attacking piracy in the U.S. and abroad"?".

We still prefer our version.

Anyway, these accolades came after the FBI seized thousands of pirated games including Donkey Kong, Mario Bros. and Duck Hunt.

Coverage at  http://www.shorl.com/bidestodropyru

To learn more about hiring the FBI for your personal pirating problem, see our coverage here

NINTENDO CO. VS. NINTENDO PIRATES

The FBI busted video game pirates trying to distribute a cache of more than 60,000 illegal Nintendo games, which were seized by the authorities in raids in New York and New Jersey. Perhaps even more interesting than the arrests, the Associated Press is apparently fuzzy on the distinction between video games and video game consoles - see for yourself at "Full coverage", below.

Full coverage at http://www.shorl.com/gilidrystedusa

YOU TOO CAN HIRE THE FBI

They're tough. They're smart. They have cool earpieces and sunglasses. They pack heat. And they can get secret court orders under the USA PATRIOT Act.

No, they're not your friendly neighbourhood video game lawyers. (We wish.) They're the FBI. And they're working for you!!! Or at least some of you.

Games publisherIn The Deepwas ticked-off at publisherTake Two Interactivebecause In The Deep thought Take Two was selling illegal copies of one of In The Deep's games. 

In The Deep didn't have the cash to hire one of those fancy US video game attorneys, so they complained to the FBI instead. 
Coverage at  http://www.shorl.com/feprodrudyrajy

ARE THE KIDS ALL RIGHT?

A local radio station from Gainesville, Florida, reports that a 14-year-old Gainesville boy has been arrested and charged with aggravated child abuse for severely beating his 2-year-old cousin. Apparently investigators believe that the aggressor was mimicking wrestling moves from EA's 'Def Jam Fight for New York"?, which the two children used to play together (the game is rated M, for users 17 and older).

Whether the connection between the real-world violence and the video game will be pursued remains to be seen. No doubt it will receive media attention, regardless of whether any connection is established. As always, though, media reports like this leave more questions than answers. Was it the video game that caused the violence? Did the video game contribute to the violence? Did the children also watch pro wrestling? Or the Power Rangers? How did a 14-year-old obtain an M-rated game? What was a 2-year-old doing playing video games like this?  The boy's (it's not clear which boy's) grandmother has been arrested and charged with neglect for failing to seek medical treatment for the injured child. Should there be similar charges for allowing children to play violent games, in the way people may be charged for leaving weapons in places where they are accessible to curious children?

Coverage at http://shorl.com/bemorusyvygo

VIDEO GAMES LINKED TO CRIMINAL ACTIVITY...

...at least if a certain Illinois bill comes into force, that is. Illinois Governor Rod Blagojevich's proposal seeks to criminalize the sale of violent or sexually explicit video games to children, with contravention by a retailer punishable by up to a year in jail and a $5,000 fine. The Illinois House passed the bill on March 17, 2005 amidst concerns that the proposal is vague, unfair to retailers, and unconstitutional. The bill is now up for debate in the Illinois Senate, which must decide the urgency of getting rogue video game merchants off of Chicago's mean city streets.

 
Coverage at http://shorl.com/belufetregrypr

YAAR - CONSOLE PIRACY BE ON THE RISE, MATEY

A recent survey by Macrovision, a California-based anti-piracy firm, shows that 21 percent of console gamers use pirated software (mostly from peer to peer networks). Obviously such gamers also use mod chips or modify their consoles without chips to be able to play the pirated games. Macrovision, probably with an eye to future business, warns that game piracy is bound to increase in the future.

The report also claims that three quarters of those who obtain pirated games would have purchased the games had they not been available for free, so it's interesting to wonder the extent to which the pirates also buy legitimate copies of games.

Coverage at http://shorl.com/gebygroludruhu

MONOPOLIZING MONSTERS GROUNDS FOR EXILE

More than 800 Final Fantasy XI players have had their on-line accounts permanently deleted for violating the game's user agreement.  For example, some of the players monopolized monsters (to prevent other players from accessing the monsters' treasure, which of course has great in-game value) and harassed and killed other players' characters.  The terms of service specifically prohibit such activities, which may disturb the enjoyment of other users.  The fact that monster-monopolizing might be enjoyable doesn't matter.Coverage at  http://shorl.com/hatotresekodru

FOUR EXAMPLE...

Take this story, for example. Michigan police recently arrested a 4-year-old boy who borrowed his parents' car in the middle of the night to rent a video game. Seriously. (We didn't make this up.) 

An officer became suspicious when he spotted an apparently driverless car with its lights off zigzagging slowly between two lanes of highway.  So the officer turned on the siren and the chase was on. 

The 4-year-old tried his best to evade the officer (smashing into a parked car and then reversing into the police car). But in the end the police got their boy. 

Of course, the real question is how did a 3' tall kid drive a full-sized car? The answer is that he slid down, stepped on the accelerator, then stood up and steered until the car slowed down. And then he repeated the process until he got caught. 

Coverage at  http://shorl.com/duhikadrimira

TWO SEPARATE YET EQUALLY IMPORTANT MEDIA

In a clear case of art imitating art, the February 8 episode of Law& Order Special Victims Unit dealt with teenagers who were apparently inspired by their favourite gangster-lifestyle video game to commit a brutal crime. How video games are portrayed in other forms of popular entertainment is not necessarily of great significance. However, the Law& Order series is known for dealing with topics that are very current and of public interest, and the fact that it addresses video game violence indicates once again that this issue is garnering a great deal of public and media attention, and reflects the continuing concern (hysteria?) over video game content.

Coverage at http://shorl.com/hovelopryjupri

Episode description at http://shorl.com/geripohalatra

CAPITOL PUNISHMENT

Citing links between juvenile violence and video games, Washington D.C.'s municipal government has announced that it wants to ban sales of violent and sexually explicit video games to minors. Stores that sell proscribed games to minors could lose their business licences and could be subject to a $10,000 fine if the proposed bylaw becomes reality.

Coverage at http://shorl.com/hagydraluhydry

MISSOURI JAILS AREN'T FUN ANYMORE

The Governor of Missouri recently banned video games from Missouri prisons. He didn't like the idea of allowing Missouri's most violent inmates to play games simulating murders and carjackings. The ban also applies to Pac Man, Donkey Kong and Sonic games because ghosts, apes and hedgehogs have rights too. 

Coverage at http://shorl.com/gyrujigefrumy

AND THE BOYFRIENDS!

Talk about bad break-ups. A woman is facing criminal charges in Japan after deleting her ex-boyfriend's data on "Lineage", a popular online fantasy game. The woman wasn't too happy that her ex had broken up with her, so she illegally used his username and password to access his online account and wreak havoc. No word yet on who gets to keep the couple's online dog.    

Coverage at http://shorl.com/jekykirugude

 

AND WATCH OUT FOR THOSE ANCIENT GREEKS!

There's more to watch out for online than upset ex-girlfriends. A new Trojan horse called "LegMir-Y" is also out to steal usernames and passwords for Lineage. And as it turns out, real-world crime is not new to the Lineage arena online gamers have been hacking into other users' accounts, stealing other users' online identities and fraudulently selling virtual weaponry for years.     

Coverage at http://shorl.com/jabralofrofije And at http://shorl.com/byfrylevobrifri

MINOR A VIDEO GAMES PROBLEM TOPLESS TEEN SUES

A Texas court has ordered that Microsoft, Sony and others temporarily stop selling "The Guy Game", which contains topless images of the plaintiff. At the time the photos were taken, the plaintiff was 17. The plaintiff says she did not give consent for her images to be used in the game. Even if the plaintiff had given consent, the consent might not be enforceable because the plaintiff was a minor at the time.

Coverage at  http://shorl.com/giforipramiva

 
The issue of rights clearances has also arisen in the fictitious world, albeit in relation to trade-mark and copyright clearance rather than privacy and personality rights clearances. For example, late last year Marvel Enterprises Inc. sued NcSoft Corp. and Cryptic Studios Inc. in regard to their massively multiplayer game "City of Heroes". Marvel claimed that the character customization functionality in the game allowed players to create superheroes that closely resemble trade-marked Marvel comic characters.

MOD SQUAD CRACKDOWN

Three DC-area video game stores were raided recently, resulting in the seizure of equipment and the arrest of two employees. The charge modifying Xbox consoles so that they could play pirated copies of video games. Some of the modified consoles on display already held 15 or more games on their hard drives. The employees were charged with conspiracy to commit copyright infringement and conspiracy to traffic in a device that circumvents technological protection measures. This is a reminder that copyright infringement is a criminal offence, and that game makers can look to criminal proceedings as well as civil actions to protect their copyright.

Coverage at http://shorl.com/henumamudrory

Coverage at http://shorl.com/bujogrurygryfe