Stop of PS2 Sales?!?!

Three Years ago, Califonia company Immersion bought a suit claiming Patent infringement of the technology in the contollers used by Playstations and XBoxs.

Microsoft did the smart thing and settled out of court for $26 million dollars and Microsoft also got a 10 percent stake in Immersion . Sony, however, left the decision to the court and on March 28th, 2005, Judge Claudia Wilken awarded Immersion 90.7 million dollars. Immersion v. Sony Corp. The court found that Immersion technology is used in the standard controller used by the PS1 and PS2.

The court also ordered an injunction ordering Sony to stop selling any Playstation consoles and any infringing games. Sony immediately appealed and was granted a stay of execution. However, they will have to pay a licensing fee throughout the period of appeal.

Monopolization of video game rights

The latest trend in sports entertainment has been the granting of exclusive reproduction rights to particular companies.

The National Football League has granted the satellite television company, DirectTV, the exclusive right to rebroadcast every NFL game. The NFL has also given exclusive radio broadcasting rights to Sirius Satellite Radio.
Major League Baseball has given exclusive radio broadcasting rights to XM Satellite Radio.
The ACC, Big Ten, and Pac-10 college conferences have sold exclusive radio broadcasting rights for their sporting events to XM Satellite Radio.

Over the past 6 months, video games have received their fair share of exclusive rights.

What purpose do these exclusive rights serve?

Depending on who buys the rights, consumers will be guaranteed to have a quality game covering every real life aspect of the particular sport.
However, exclusive rights give consumers only ONE option for a video game, thus eliminating competition in the particular sport's video game market.

While other video game producers will be able to make “professional football” games, they will have to use generic teams and generic player names. Such a game will not be well received by consumers who are looking for the most accurate sports simulation experience in their video game.

Are these exclusive rights “monopolies?”

If so, are they illegal?
What should be done?

VS.

Independent video game makers

Is it legal for people to independently make games for their video game consoles (i.e. make a Playstation 2 game not “officially” sanctioned by Sony Corporation)?

More importantly, can independent producers use “official” games to discover the encryption codes needed to play games on specific consoles?

After the Sega decision in 1992, states covered by the 9 th Circuit Court of Appeals will allow independent video game makers to use “official” Playstation 2 games to discover the encryption codes used by Playstation 2 consoles.

Game makers CAN then use what they find in their decryption analysis to make their own games, so long as the decryption process is the only way to understand how to make games for Playstation 2, etc.

Video game file sharing

As file sharing programs continue to grow, the types of files to be shared also increases. People can now download music, movies, and even video games over the internet.

The most popular video games (Playstation 2 and Xbox) use a DVD-based program, which makes it easy for consumers to burn copies of video games either directly from an “official” game or from a downloaded video game file.

Console modification

Since the introduction of Microsoft's Xbox, consumers have discovered ways to modify the Xbox . Specifically, modification chips installed in the Xbox will allow users to do a number of things , including:

Save video games onto the Xbox hard drive , eliminating the need for the disc and allowing people to rent games and simply copy the information directly to their Xbox hard drive without paying for the game.

Turning your Xbox into a mid-level computer .

Allow you to play burned DVD's containing video game software

MMORPG Issues

Stands for Massively-Multiplayer Online Role Playing Game

Thousands of players at any one time take the role of their single character in a fantasy setting. Two of the mor popular games are "World of Warcraft" and "Everquest"

World of Warcraft, and a Big EverQuest Fan

There has been a rash of suicides, adultery and instances of cyberstalking. How should this be reported? Should the video game copies be held liable?

Who "owns" the right to property and items "earned" while playing the game?

Should Movie Companies be able to Sue Video Game Makers for Ruining Product IP?

THE LAW OF VIDEOGAMES

Free Speech

Stop of PS2 Sales?!?!

Three Years ago, Califonia company Immersion bought a suit claiming Patent infringement of the technology in the contollers used by Playstations and XBoxs.

The court also ordered an injunction ordering Sony to stop selling any Playstation consoles and any infringing games. Sony immediately appealed and was granted a stay of execution. However, they will have to pay a licensing fee throughout the period of appeal.

Monopolization of video game rights

The latest trend in sports entertainment has been the granting of exclusive reproduction rights to particular companies.

The National Football League has granted the satellite television company, DirectTV, the exclusive right to rebroadcast every NFL game. The NFL has also given exclusive radio broadcasting rights to Sirius Satellite Radio.

Major League Baseball has given exclusive radio broadcasting rights to XM Satellite Radio.

The ACC, Big Ten, and Pac-10 college conferences have sold exclusive radio broadcasting rights for their sporting events to XM Satellite Radio.

Over the past 6 months, video games have received their fair share of exclusive rights.

EA Games bought exclusive rights to make games depicting the NFL for 5 years.

Most recently, EA Games also bought exclusive rights to make video games based on NCAA football teams.

Take Two games bought exclusive third party rights to make games depicting MLB players for 6 years.

What purpose do these exclusive rights serve?

Depending on who buys the rights, consumers will be guaranteed to have a quality game covering every real life aspect of the particular sport.

However, exclusive rights give consumers only ONE option for a video game, thus eliminating competition in the particular sport's video game market.

While other video game producers will be able to make “professional football” games, they will have to use generic teams and generic player names. Such a game will not be well received by consumers who are looking for the most accurate sports simulation experience in their video game.

Are these exclusive rights “monopolies?”

If so, are they illegal?

What should be done?

VS.

Independent video game makers

Is it legal for people to independently make games for their video game consoles (i.e. make a Playstation 2 game not “officially” sanctioned by Sony Corporation)?

More importantly, can independent producers use “official” games to discover the encryption codes needed to play games on specific consoles?

After the Sega decision in 1992, states covered by the 9 th Circuit Court of Appeals will allow independent video game makers to use “official” Playstation 2 games to discover the encryption codes used by Playstation 2 consoles.

Game makers CAN then use what they find in their decryption analysis to make their own games, so long as the decryption process is the only way to understand how to make games for Playstation 2, etc.

Video game file sharing

As file sharing programs continue to grow, the types of files to be shared also increases. People can now download music, movies, and even video games over the internet.

The most popular video games (Playstation 2 and Xbox) use a DVD-based program, which makes it easy for consumers to burn copies of video games either directly from an “official” game or from a downloaded video game file.

Console modification

Since the introduction of Microsoft's Xbox, consumers have discovered ways to modify the Xbox . Specifically, modification chips installed in the Xbox will allow users to do a number of things , including:

Save video games onto the Xbox hard drive , eliminating the need for the disc and allowing people to rent games and simply copy the information directly to their Xbox hard drive without paying for the game.

Turning your Xbox into a mid-level computer .

Allow you to play burned DVD's containing video game software

MMORPG Issues

Stands for Massively-Multiplayer Online Role Playing Game

Thousands of players at any one time take the role of their single character in a fantasy setting. Two of the mor popular games are "World of Warcraft" and "Everquest"

There has been a rash of suicides, adultery and instances of cyberstalking. How should this be reported? Should the video game copies be held liable?

Who "owns" the right to property and items "earned" while playing the game?

Should Movie Companies be able to Sue Video Game Makers for Ruining Product IP?