Joystiq

LGJ: Gaming's professional plaintiffs and class actions

by Mark Methenitis { 16 minutes ago }

Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:

[Maveric2003]

The term "professional plaintiff" is thrown out at the idea that some people make their living as someone who partners with an attorney to bring so many lawsuits that their entire livelyhood rests on suing people. Googling the term will bring up dozens of results in many different areas of the law, but a series of events this week made me wonder if the game industry might just be the next target of this kind of behavior. Specifically, the reports of a class action over Xbox Live bannings and reports that the same person who sued Sony over being banned in Resistance is now suing Microsoft over red rings and Nintendo over homebrew.

So how does this professional plaintiff idea work? Speaking extremely generally, to bring a lawsuit, someone has to have standing, that is they suffered an injury and are substantially related to the harm that caused that injury so that they can sue over it. Past allegations of professional plaintiffs have often been related to suits related to the Americans with Disabilities Act, such that one disabled person is suing multiple establishments because they have standing to sue based on the lack of compliance with the Act. I'm sure many readers are thinking, "But how would this work in gaming? There are no gaming statutes that could give gamers standing to sue like that." Well, it's a pretty straightforward answer, actually.

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Datel suing Microsoft over Max Memory card lockout

by JC Fletcher { 46 minutes ago }

Datel announced that it has filed an antitrust lawsuit against Microsoft, in response to Microsoft's lockout (via Xbox 360 firmware update) of the company's Max Memory Cards. We doubt this is the "remedy" for the lockout issue to which the company previously referred, but it's certainly one way to address it.

"Microsoft has taken steps to render inoperable the competing Datel memory card for no visible purpose other than to have that market entirely to themselves," Datel attorney Marty Glick explained in a press release. "They accomplished their recent update by making a system change that will not recognize or allow operation of a memory card with greater capacity than their own. We believe that with the power Microsoft enjoys in the market for Xbox accessories this conduct is unlawful."

In the press release, Datel goes on to say that the lawsuit is intended to "restore competition" which, the company suggests, is beneficial to consumers. It's now up to a federal court in San Francisco to determine whether the Max Memory-crippling Xbox update constitutes unlawful anti-competitive behavior on the part of Microsoft.

The last time Datel went to court, it viewed the experience from the other side. Sony filed suit against the peripheral maker over the "Lite Blue Tool," which would have enabled users to run unsigned code on PSP hardware.

AbleGamers launches reviews with accessibility in mind

by Ludwig Kietzmann { 1 hour ago }

Before you send an overtly hostile dissertation to AbleGamers about their outrageous 6.7/10 scoring of Batman: Arkham Asylum, keep in mind that the site's newly launched review section focuses on accessibility above all else. While that particular review mentions the game's many qualities, some of them may be difficult to appreciate by disabled players.

The site offers critique and advice on several aspects you may take for granted, including the presence of subtitles, colorblind options and adjustable controls. "There are countless sites out there that review games for their graphics and sound, but no one is looking at the game from the standpoint of accessibility," explains Mark C. Barlet, President of the AbleGamers Foundation. "With 63 million Americans with disabilities this is a focus that is needed and who better to do it than the flagship site for disabled gamers, AbleGamers.com. I hope that game makers now add AbleGamers to their list of news outlets to send review copies to."

In a show of support, Joystiq Publishing has sent over its highly anticipated puzzle game, Is This Color Red or Green?. We reckon it's at least a nine.

Hands-on: The Legend of Zelda: Spirit Tracks

by Randy Nelson { 1 hour ago }

With the game pulling into the station on December 7, we visited Nintendo of America to get one last pre-launch look at The Legend of Zelda: Spirit Tracks. The latest trailer for the game revealed the Spirit Tower, a central hub of mini-dungeons that must be cleared in order to restore the train tracks that lead to the world's main temple dungeons. What we saw was the latter -- more specifically, the second of the game's dungeons, the Snow Temple.

This dungeon made heavy use of Link's ability to create whirlwinds -- the actual mechanic behind them is blowing into the DS microphone, but, thankfully, it doesn't require you to lean in incredibly close to the system or blow especially hard for it to work. Once the ability is selected by tapping it on-screen, it stays active, and dragging the stylus around Link makes him rotate, a yellow line indicating which direction the whirlwind will go. This mainly came into play when we needed to cross pools of water atop floating blocks. Like fanning a leaf in Wind Waker, firing off a whirlwind in Spirit Tracks sends Link sailing in the opposite direction.

Gallery: The Legend of Zelda: Spirit Tracks

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Rumor: Uncharted movie gets new writers

by Justin McElroy { 2 hours ago }

Last we heard about the movie version of Uncharted, it was in the hands of writer Kyle Ward, who most recently penned the big screen adaptation of Kane and Lynch. According to a rumor being reported by LatinoReview.com, Ward has been removed by Sony and producer Avi Arad, who didn't want to wait on the script while Ward finished his current project, Hitman 2.

Reportedly, Sony is considering filling his slot with Thomas Dean Donnelly and Joshua Oppenheimer, the duo that's currently writing a relaunch of Conan.

The bigger surprise, of course, is that movies based on video games have scripts. Who knew?

Join Joystiq's MAG army and get a free beta code

by Andrew Yoon { 2 hours ago }

MAG is a pretty ridiculous title, but it does perfectly sum up what the game is all about. Massive Action Game is the first console game to feature 128 vs. 128 online multiplayer matches, which you'll be able to try tomorrow with the debut of beta 4.5.

We want you to join the Joystiq army: a 128-person squad of loyal Joystiq readers ready to represent us online. The PlayStation Network will tremble, with the Joystiq team striking fear into all that dare to step into MAG. Together, world domination will be ours!*

But, you say you're not in the MAG beta? Well, we'll fix that right now! Become a Joystiq fan on Facebook and you'll be able to score yourself a code.

Gallery: MAG

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World of Warcraft celebrates five years of domination

by Alexander Sliwinski { 2 hours ago }

Alpha-build UI

Five years ago today, Blizzard unleashed the World of Warcraft, a scourge that went on to ruin countless lives and make venture capitalists around the globe throw millions at any monkey with an MMO idea. The game has sold beyond 8.6 million units in the US and that's not even accounting for the millions of players happily handing over $15 a month for an Azeroth fix.

The full cultural and financial impact of World of Warcraft can't yet be comprehended, as the phenomenon marches on into the Cataclysm. One day we may be able to grasp the myriad ways WoW has impacted gaming, but that date with epiphany appears to still be a ways off.

Revenge of the Wounded Dragons side-scrolling onto PSN tomorrow, Nov. 24

by JC Fletcher { 3 hours ago }

A few days after its mysterious appearance on the ESRB database, the Sony Online Entertainment–published Revenge of the Wounded Dragons has been fully revealed -- and it's coming out this week. Tomorrow, in fact! Developed by A2M-owned Wanako Games, Wounded Dragons wears its inspirations on its sleeve, with a rescue-your-girlfriend story straight out of Double Dragon and single-file waves of enemies à la Kung Fu.

Wounded Dragons appears to feature a more involved combo system than its forebears, though, along with modern niceties like Trophies, custom soundtracks and leaderboards. Like NES fighters, however, the game is limited to local play -- yes, despite, ironically, being published by SOE. Revenge of the Wounded Dragons will be released on the PlayStation Store tomorrow, November 24, for $9.99. Hit the break to watch the trailer.

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Video: Pandemic goes out with a bang, 'Office Space' style

by Richard Mitchell { 3 hours ago }

There's no two ways about it: having your studio shut down does not feel good. However, it does feel good to be a gangsta. Damn good. To prove this ancient adage, some former Pandemic employees put together a little Office Space–inspired video to honor the house that brought us Mercenaries, the Star Wars Battlefront series and the upcoming release, The Saboteur.

Kotaku reports that the mercilessly destroyed printer was, in fact, used by the Saboteur team, giving the video an extra layer of sweet vengeance. A word to EA: if you're missing any red Swingline staplers, we might know where they are. Watch the (very NSFW) video after the break.

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Capcom: 'No plans' for RE5 DLC on PC

by David Hinkle { 3 hours ago }

When the new "Gold Edition" content for Capcom's oh-my-god-get-it-off-me-em-up, Resident Evil 5, was announced for consoles, PC players were feeling left outside the Spencer Mansion. G4 got in touch with Capcom to find out why the PC version wasn't listed as a platform for the new episodes and costumes, to which Capcom responded it had "no plans for PC at this point."

The snub strikes us as odd, considering Capcom's continued support for its biggest games -- including Street Fighter IV, Bionic Commando and even RE5 -- on the PC platform throughout this year and into 2010 with Lost Planet 2, Dark Void and Dead Rising 2. What's the matter, Capcom -- did the extras train derail at Weird Costume Gulch?

Sega picks America's next top Bayonetta model in Maxim competition

by Justin McElroy { 4 hours ago }

Sega and Maxim.com have selected a winner in their search for a model that best captures the lead character from forthcoming action title Bayonetta. The young lady, Andrea Bonaccorso, walks away (slowly, considering she has guns for shoes) with an Xbox 360, a copy of the game and a 50-inch Panasonic TC-P50X1 HDTV Plasma TV. She'll also appear on Maxim.com, in a sensible, dignified outfit, we're sure.

So how did she qualify for such an honor? This is really what it says in the press release: "While some entrants perfectly mirrored the outfit of the character and others simply donned librarian glasses, Andrea married both elements to come out on top."

So, there you have it. We're rewarding this girl for wearing both clothes and glasses.

Meanwhile, Joystiq and Joystiq.com selected a loser in Sega and Maxim.com's Bayonetta Model Search and it's all of us.

Free Need for Speed: Shift DLC adds new cars, team racing

by David Hinkle { 4 hours ago }

EA's preparing a new pack of cars for your virtual garage in Need for Speed: Shift. On December 1st, Xbox 360 owners worldwide will be given five classic rides to race around in, free of charge, while PS3 owners in Europe and North America gain access on December 3rd and 10th, respectively. Dubbed the Legendary Car pack, this new bit of DLC puts gamers behind the wheel of these five classic rides:

1967 Chevrolet Corvette Stingray 427
1967 Shelby GT-500 (Nicolas Cage not included)
1969 Dodge Charger R/T
1971 Dodge Challenger R/T
1998 Toyota Supra Mark IV

The free update will also bring with it a new Team Racing mode, which will allow two teams of up to six racers to compete against each other online. You've got some time, so find a few friends and get ready to shake and bake.

ESA partners with Microsoft & Sony for STEM initiative, launches game creation competitions

by Ben Gilbert { 5 hours ago }

The Entertainment Software Association (ESA), the game industry lobby group, today announced two new game creation contests meant to support President Obama's STEM initiative (Science, Technology, Engineering, and Math studies). A partnership between the ESA, Microsoft, Sony, the Information Technology Industry Council (ITIC), and the MacArthur Foundation will help to fund and run a series of STEM-related game design competitions.

Details of the first two competitions – "Game Changers" and the less creatively titled "STEM National Video Game Competition" – are scant at the moment, though the former will involve Sony donating 1,000 PS3s and copies of LittleBigPlanet to libraries and community-based organizations in low-income districts, with plans to share the winning levels free to the gaming public. When asked, an ESA representative told Joystiq that more information would be revealed in "the coming weeks."

Now Playing: November 23-29, 2009

by James Ransom-Wiley { 5 hours ago }

Not exactly the ideal week to start pointing a camera at your shape ...

Choose your platform to jump to a specific release list:

Last updated: Monday, 12:00 PM

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Amazon pre-Black Friday 'lightning deals' begin today [update 2]

by Ben Gilbert { 5 hours ago }

Update 2: And now the second round for 12PM PST/3PM EST has been added as well.

Update 1: We've added the 9AM PST/12PM EST games below. Get 'em while they're hot, folks!

Everyone's favorite Amazonian retailer (after leafcladmailorderbrides.com, of course) has revealed a handful of hints for its pre-Black Friday selection of "Lightning Deals." Starting today at 9AM PST, Amazon will be offering games ranging from ... well, we don't really know, now do we? CheapAssGamer believes the first hint to indicate New Play Control Pikmin. Check out the hints for yourself below and feel free to speculate away in the comment section, you big speculator you. We'll update the deals as the day goes on.

9AM PST/12PM EST – All titles 50% off

New Play Control Pikmin – $14.98
Call of Duty 4: Modern Warfare Game of the Year edition for PlayStation 3 – $25.00
Rock Band 2: Special Edition for Xbox 360 – $70.00
Rock Band 2: Special Edition for PlayStation 3 – $70.00
Big Beach Sports – $10.00
UFC: Undisputed for Xbox 360 – $25.00