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Posts with tag lawsuit

Time to work on that resume, Thompson disbarred in Florida


While not pertaining to the Xbox 360 specifically this piece of news is important to gamers who are tired of defending comically-inaccurate statements lobbied at their favorite titles from a certain Florida attorney; or should we say soon-to-be-former attorney. Joystiq reports that the Florida Supreme Court has finally decided to disbar John Bruce (Jack) Thompson after being found guilty of 27 out of 31 violations of professional misconduct by the Bar association.

Documents filed by the court maintain Thompson, "has demonstrated a patter of conduct to strike out harshly, extensively, repeatedly and willfully to simply try to bring as much difficulty, distraction and anguish to those he considers in opposition to his causes."

In response Thompson has filed an emergency motion against seventy-seven defendants including the Florida Bar association, this despite the first filing posed against him that he may only file a motion in the Florida Supreme court through another attorney in good standing with the Florida Bar acting on his behalf. Lawyer or not, we wouldn't expect Thompson to hangup the gaming hate anytime soon.

[Thanks to everyone who sent this in]

Gallery: Jack Thompson disbarred doc

Tecmo attempts to quiet Itagaki, denies exodus rumors


In an effort to quell widespread rumors surrounding the business practices of the company, Tecmo has filed an injunction against former Team Ninja lead Tomonobu Itagaki. Filed in a Tokyo District Court, the injunction places a four-point gag order on Itagaki, effectively removing his opinion from the public forum beyond his existing comments on the matter against Tecmo.

The provisional disposition prohibits:
  • Disclosing or leaking information regarding Tecmo's game software, sales, development or any other company secrets
  • Using newspapers, magazines and the internet to criticize company software and company employees
  • Obstructing the company's business through slanderous remarks to third parties
  • Interviews regarding Tecmo or discuss the company and its practices to the press
In a statement made today, Tecmo has vehemently denied recent reports that dozens of Team Ninja employees have resigned in the wake of Itagaki's announcement and a lawsuit has been filed against the company on behalf of its 300 employees. Calling the reports "groundless" and "inaccurate," Tecmo has asked the media to approach the situation with a fair and balanced view. We'll update the story as details emerge, however, as proven by the injunction against Itagaki it looks like Tecmo would like to silence anyone who could shed light on the situation.

[via Talking About Games & Joystiq]

Tecmo possibly facing Obliteration

After Itagaki decided to leave due to unpaid bonuses, it looked as though things might just end with that. Then came the rumor that around three dozen employees would follow suit. Now it seems like Tecmo has been dismembered and is just waiting for the inevitable OT. A lawsuit was filed in Tokyo District Court just yesterday on behalf of all 300 of Tecmo's remaining employees, and according to one translation claims that "Tecmo has falsified documents and accounting procedures in regards to employment statuses, overtime pay and various lapses in employment standards when filing documents for labor inspections."

Additionally, a Famitsu article on the same topic also notes that employees were not getting their overtime pay, nor were they well-compensated for working on public holidays. The Google Translation of the original Japanese story is a bit dry and difficult to follow (as is to be expected from a computer translation) but specific words such as "forge" and "impersonation" hint at the kind of trouble Tecmo could be facing before this is all over.

Whatever happens, we just hope that the talent from Tecmo's various projects all end up alright and get the compensation they deserve. We're certainly no experts, but from what we hear, Japanese game devs (heck, game devs in general) are run pretty ragged and really do deserve their bonuses ...

[Via NeoGAF]

Take-Two sues the Chicago Transit Authority


Take-Two Interactive has filed suit against the Chicago Transit Authority (CTA) in a Manhattan federal court on Monday for pulling ads that promoted the controversial game, Grand Theft Auto IV, without explanation. Take-Two Interactive alleges the CTA has violated its free speech and contractual rights, saying it pulled its posters within days of the ads first appearing on April 22.

In the filing Take-Two accused the CTA and its sales agent, Titan Outdoor LLC, of violating a $300,000 campaign agreement that included running Grand Theft Auto IV promotional advertisements on buses and at bus stops throughout the Chicago area, which were scheduled for display for six weeks between April and June.

The advertisements were pulled after a Fox News affiliate questioned the CTA's priorities of promoting the controversial title during a surge of violent crime in the city of Chicago.

Take-Two seeks an order for the transit authority to run the ads as well as monetary damages of at least $300,000.

[Thanks, LeGrande J.]

GDC08: Dennis Dyack is worried about GDC


During the Game Developers Conference, 1UP.com was able to record interviews with developers in the guise of their weekly 1UP Yours podcast, one such episode was with outspoken Silicon Knights boss Dennis Dyack. In the episode on February 21, Dyack outlined his worries for the future of GDC based on the marketing spin put on the, "once sacred," developer gathering.

"I worry about GDC [because] how many talks are you learning something versus when somebody is trying to sell you a product?" Dyack asked the crew made up of editors Garnett Lee, Shane Bettenhausen, Bryan Intihar and former 1UPer Mark MacDonald. "Are we calling this the Game Developers Conference [or] are we calling it the Game Demo Convention?"

Continue reading GDC08: Dennis Dyack is worried about GDC

Lawyer behind Xbox Live suit speaks out


Multiplayer caught up with Jason Gibson, the lawyer for three Texas residents that have filed a lawsuit against Microsoft for the problems that began plaguing Xbox Live at the end of 2007. Gibson was quick to dismiss the notion that his clients were merely trying to "get rich" and that the Live problems are "to them, a real issue." Gibson explains that Shannon Smith, on of the three plaintiffs, contacted him after receiving no response from Microsoft regarding Xbox Live's issues. Gibson explains that a class action lawsuit is the only method for dealing with large companies, saying, "When you have one person who is mad and they can't get a response, and they can't get their complaints addressed by a company like Microsoft, the only way to get their attention is in numbers." Gibson further asserts that Microsoft must have anticipated the rapid influx of Live subscribers at the end of 2007, which is what the company blames for the persistent problems. Microsoft, thanks to a recent gag order, will not comment on the status of Xbox Live due to the pending litigation, though they will be offering a free Xbox Live Arcade game to Live members as an apology.

So, would fixing the problems end the suit? Not according to Gibson, who claims that he has received emails from hundreds of gamers, most of them in support of the cause, and that fifty more plaintiffs have now joined the case. While the plaintiffs undoubtedly want the service fixed, they are also seeking damages in excess of $5 million for the money spent during the outages and other problems. So, given that there are 10 million Live members now, and assuming Gibson wins the suit, we're really looking forward to our $0.50 check from Microsoft.

Lawsuit prevents MS from talking about Live's status

Speaking about the issue in his latest podcast, Major Nelson talks about Xbox Live still acting wonky and why he and Microsoft can no longer update the gaming community on the service's status. And it should come as no surprise that it's because of legalities.

Major Nelson says that he and Microsoft haven't talked about or updated Live users about the Xbox Live service lately, because they are legally gagged. Currently, there's an Xbox Live outage lawsuit taking place in Texas (concerning the Live down time last December) and because of that, Major has to be shush about all things concerning the status of the Xbox Live service. No more blog updates, Twitter updates or comments. We'll be pretty much in the dark if anything should go wrong with Live until the Texas lawsuit is over. Humf to that.

MS blames Xbox "abuse" for deadly fire

Microsoft has now officially responded to an Illinois family's lawsuit in which a fire was allegedly caused by a faulty Xbox console in December of 2004. The fire resulted in the death of an infant, Wade Kline. According to the lawsuit, the fire was caused by an overheating power supply, which became so hot as to start the deadly fire. Microsoft, in response, has stated that the fire was wholly the responsibility of the family, and that it was the result of "misuse or abuse" of the console in question. Furthermore, Microsoft claims that the fire was the result of an "obvious" condition of which the family was aware. Considering Microsoft did not recall power cords until February of 2005 (on account of fire concerns) we're not sure to what obvious condition Microsoft is referring. Microsoft is asking that the case be dismissed and that the Kline family pay the company's legal fees.

[Via Joystiq]

Microsoft gets sued: Scratched game disc lawsuit

We sort of figured that a consumer Xbox 360 lawsuit would pop up with all these red ring of death hardware issues, but we didn't think we'd see such lawsuit be based on disc scratching problems. A Florida resident has filed a class action lawsuit against Microsoft for disc drive problems associated with the console causing "destructive damages" to his video games. He is seeking to be reimbursed for cost of replacing such games and is suing for a payout of $5 million dollars. Now, we aren't claiming to be legal geniuses here, but wouldn't a Xbox 360 lawsuit targeted towards general hardware failures be a little more successful seeing all buzz around the issue? Oh well, these kind of lawsuits are quite normal and usually go no where, but we'll keep an eye on this to see if it gets any ground.

Legal rumblings: Microsoft sues Immersion

In an interesting twist of fate, Microsoft has filed suit against Immersion, makers of rumble technology used in game peripherals. If the name Immersion rings a bell, it's because the company filed suit against both Microsoft and Sony in 2002 for patent infringement. Immersion and Microsoft reached a settlement in 2003, in which Microsoft paid $26 million to Immersion for licensing rights and a stake in the company.

Apparently, another part of the settlement also stated that Immersion would pay Microsoft "based on certain business and IP licensing arrangements." We're not exactly sure what those arrangements are, but according to Microsoft, Immersion is not living up to its end of the bargain. Hence, a suit has been filed.

Microsoft suing Immersion ... what's next, dogs and cats living together?

[Via Joystiq]

Microsoft bites back at Lucent

Remember that quarrel between Microsoft and Lucent Technologies over MPEG technology a while back? Well they're at it again (as if it had ever stopped). This time, however, Microsoft is going on the offensive.

With a bold war cry, they countersued Lucent. We suspect there was some mild name-calling involved, but regardless, the allegations state that Lucent is the one violating a number of copyrights this time. Microsoft also says that the other decoding technology patents were invalid.

How long will this slap-fest continue?

Motion filed to dismiss overheating lawsuit

The lawsuit brought by a Chicago man displeased with the Xbox 360's overheating problems is due to be heard on January 10th, but Microsoft are trying to get it thrown out of court before it even begins. It seems that Robert Byers hasn't even contacted customer support about the problems with his own 360--and it's not even clear his 360 is malfunctioning. He may be bringing the lawsuit on the strength of others' complaints, which will make for an interesting argument in court.

In the motion to dismiss, Microsoft notes that "Significantly, Plaintiff omits the fact that his Xbox 360, purchased in November 2005, is still covered by a 90-day warranty, under which Microsoft agreed to repair or replace it, or issue a refund. In fact, Plaintiff does not allege that he contacted anyone at Microsoft about the alleged defect, let alone that Microsoft refused to honor the terms of its warranty. Moreover, Plaintiff does not allege that his Xbox 360 ever malfunctioned. He alleges only that "members of the class have experienced malfunctions" with their Xbox 360s - not that he has.

 



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