Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

More evidence for the Star Trek camp

It's been a while since we've posted anything in our ongoing Star Wars vs. Star Trek debate. Probably that's because we have great difficulties finding any law-related aspects to the debate.

That's why we're glad to post this link to a recent World of Warcraft commercial which clearly adds weight to the Star Trek camp.

And in case you're still curious about the legal connection in this posting, it's that it gives us an opportunity to mention that there's a difference in Canadian law between "evidence" and "proof". The Shatner video is clearly evidence, but not necessarily proof, of Star Trek superiority. Yes, the connection is tenuous, but it's good enough for us.

USS ENTERPRISE VS. IMPERIAL STAR DESTROYER

As you might know, there is an ongoing debate in our Video Game Law group regarding which vessel would win in a head-to-head battle the USS Enterprise or an Imperial Star Destroyer.

One of our students jumped into the fray and has come to (what he thinks is) the definitive answer. His memo to us on the topic is here

http://www.davis.ca/community/blogs/video_games/files/enterprise_memo.pdf

As you can see, the memo is well-researched and well-written. It's just too bad it comes to the wrong conclusion.

VIRTUAL PROPERTY - RSS FEED

Our blog has over two dozen categories of video game law material, including advertising law, IP law, privacy law and more. We now have a new category and RSS feed for virtual property in video games. This is a hot topic in the video game law world, and we have lots to say about it. 

To prove it, here's a great overview of the subject written by our Dave Spratley (the guy who insanely believes that an Imperial Star Destroyer could take the USS Enterprise an in a one-on-one fight)  http://www.davis.ca/community/blogs/video_games/files/virtual_property.pdf

He's obviously off his rocker on Star Wars vs. Star Trek issues, but fortunately for him he's a great writer. An abbreviated version of the article was published in the April 21, 2006 issue of The Lawyers Weekly

STAR WARS KID SETTLES

Those of you who regularly read our postings know that Dave and Chris are embroiled in an ongoing dispute about whether the USS Enterprise could defeat an Imperial Star Destroyer in a one-on-one fight. Dave says no;  Chris says yes.

That's just one of the reasons why Dave is affectionately known to his colleagues here at Davis as 'the Star Wars Kid"?. (The fact that he has a life-sized effigy of Darth Vader in his office probably helps too.)

Anyway, three years ago our office was abuzz with a rumour that Dave was prominently featured on the internet in a home-made video, twirling lightsabers about with all the dexterity of a newborn fawn. 

Sadly, we were all disappointed to learn that in fact there was (can you believe it?) ANOTHER Star Wars kid. The one in the video was much younger and much less of a video game lawyer. But he was equally good at twirling lightsabers.

What happened to that Star Wars kid is he shot a video of himself doing the Jedi Knight thing, but unfortunately the video fell into the hands of three schoolmates who posted it on the internet. The video soon became wildly famous, and as a result the kid endured years of humiliation. So, like any good Canadian Star Wars Kid would do, he sued. The case was due to be heard next week, but the parties have recently settled for an undisclosed amount.

You're probably wondering how this is a video game law case. It's not really (although we could make a point here about privacy and personality rights and the risks of including unauthorized content in video games). It's just that this story touched so close to home for our local Star Wars hero that we couldn't help but report it.
Coverage is here  http://www.shorl.com/fykyhyfrypypa (Globe& Mail)

ENTERPRISE VS. STAR DESTROYER, PART II

In an earlier post some of us speculated that the USS Enterprise could defeat an Imperial Star Destroyer. (To be fair, it wasn't an a unanimous judgment, but we cleverly neglected to post the dissenting opinion).

Well, the debate has reopened--now that developer Bethesda Softworks has announced that it owns the exclusive licence to develop Star Trek games in all formats. 

This is interesting for two reasons first, it's unexpected because just last year, Activision (the previous licensee) settled its dispute with Viacom. The prevailing wisdom at the time was that Activision would keep the licence for several more years. 

The other reason this development is interesting is because Bethesda's exclusive licence apparently does not include MMORPGs.  And (here's the interesting part), this appear to be a trend. According to Gamasutra, other licensors are taking a similar approach and treating MMORPG licences separately from other game licences. 

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

WHAT HAPPENS IF YOU KILL AN MMO GAME?

EA Japan has decided to stop supporting Star Wars Galaxies in Japan. Gamers in Japan can apparently transfer their accounts to other servers; however, the shut-down still raises an interesting question what would happen if a game company were to completely kill an MMO game?

Game companies need to plan for this possibility before launching an MMO game. The concern is that gamers spend money on the games--expecting to be able to play them online. This expectation might be factored into the purchase price of the game. 

In addition, gamers spend money each month to gain access to the online portion of the game. They also spend countless hours building up virtual property in the game (which has a real world value and can be sold on online auction sites).

The loss of the MMO portion of the game could therefore result in the loss of gamers' time and money. And this could result in a damages claim against a gaming company.

That's why it's important for gaming companies to deal with this possibility in advance. End User Licence Agreements and Online Terms of Use should address MMO termination. It would also be a good idea to discuss this possibility in the user documentation for the game. 

Star Wars Coverage at  http://www.shorl.com/gygrestitejose

I STILL SAY THE USS ENTERPRISE COULD TAKE A STAR DESTROYER

Activision and Viacom recently settled their Star Trek dispute. Sadly, the dispute has nothing to do with whether the USS Enterprise could defeat an imperial Star Destroyer. We would have loved to get a court ruling on that one.

The dispute was regarding the diminished value of Activision's Star Trek game licence. Activision claimed the loss in value was caused by Viacom's failure to promote the existing TV show and make new movies.  I'ma little upset about that too it's high time for a new movie.

 
Coverage at  http://shorl.com/domubegypraje

VIDEO GAME FIGHT TAKEN OUTSIDE

A Japanese student was arrested recently after threatening to kill his friend during an argument over - wait for it - which version of Dragon Quest was the best.  The game series is so popular in Japan that the producer does not release new titles on weekdays due to increases in workplace and school absenteeism.  Whether the game is worth uttering death threats over is another matter - one would think that such passion should be saved for more important issues, such as whether the USS Enterprise could defeat an Imperial Star Destroyer in a one-on-one fight (Dave says no;  Chris says yes).Coverage at  http://shorl.com/dejedunefrupru