Tomonobu Itagaki, the former Team Ninja head who sued Tecmo over unpaid wages, announced a settlement February 26, 2010, with his former employer.

Itagaki filed suit in June 2008 claiming unpaid wages and disingenuous statements by former Tecmo CEO Yoshimi Yasuda. No details of the settlement were given, so instead of juicy financial news, Itagaki’s release teases us by talking about an upcoming project.

I cannot wait for the day when I can announce to everyone the new title that I’m currently conceiving.

He went on to say this mystery project will deliver “world class entertainment” with “a greater depth of play than before.”

Itagaki is perhaps most famous for creating the Dead or Alive fighting game series but also reinvented Tecmo’s NES classic Ninja Gaiden in 3D. Tecmo, of course, still owns the rights to both those games so whatever Itagaki has on his mind now is a brand new project.

Itagaki is nothing if not outspoken, so when he’s further along with the new game he’ll probably have plenty to say.

Read [AndriaSang] Via [Joystiq]

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A US District Court has dismissed a lawsuit alleging that Sony denied people with disabilities access to games including Everquest.

The Hollywood Reporter brings news of Judge Percy Anderson’s ruling that video games are not a place of public accommodation.

Disabled gamer Alexander Stern’s lawsuit argued that his visual impairments prevent him from fully enjoying Sony’s games. Stern filed his suit in October 2009 and the ruling came down February 8, 2010. In the ruling, the court noted that the defendant would have had to show Sony denied him public accommodations . Due to Anderson’s ruling that Sony is not a place of public accommodation, it could not be in violation of the Americans with Disabilities Act. Anderson suggested that treating games otherwise would create liability for numerous manufacturers.

I agree with Judge Anderson and don’t what other ruling could come from this. It would be hard to consistently make such a visual medium as video games completely accessible to those with visual impairments. Even if you could pull it off, the extra time in development would likely see most of the games axed before they were properly started. It’s hard to imagine game companies lining up to corner the market for visually impaired gamers.

Read [The Hollywood Reporter] Via [Game Politics]

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The forecast for gamers in the United Arab Emirates calls for a zero percent chance of Heavy Rain. Sony’s anticipated true crime blockbuster that puts players on the trail of the “Origami Killer” is banned in the UAE (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al-Quwain, Ras al-Khaimah and Fujairah) due to its mature content.

This is the second title in 2010 to receive such treatment, as THQ’s apocalyptic adventure Darksiders was banned as well. In that game, War, one of the Horsemen of the Apocalypse, investigates a conspiracy that prematurely brought on Armageddon.

War kills both demons and angels in his battle but, as gamers know, there are certainly much more violent games out there. If Darksiders got the banhammer, I understand why Heavy Rain would. The game makes full use of its Mature-rated setting. One of the leads you follow while tracking the Origami Killer is a prostitute with an abusive customer. Suffice it to say you are not traveling in elite social circles.

Heavy Rain is a potential system seller for Sony, so of course the company released a statement about the current situation.

The UAE’s National Media Council (NMC) has banned Heavy Rain on PlayStation 3. Heavy Rain has an 18+ PEGI rating and has been conceived from the earliest stages as a genuinely adult experience. This means that it deals with strong content including blood and nudity, but treats this content in a mature and sensitive manner. The game is not intentionally controversial or sensationalist, and all the themes and content are consistent with what consumers would expect to see in a mainstream Hollywood thriller.

ME Gamers notes that previous bannings have been rather loosely enforced, so it doesn’t sound as if it will be impossible to get a copy of the game.

Read [ME Gamers]  Via [Kotaku]

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Tampa Bay Online reports that Polk County Sheriff’s deputies arrested 30-year-old Michael Ray Ekes, suspect in the theft of an SUV, at his home while he was playing Grand Theft Auto III. Sigh.

Ekes now faces a laundry list of charges including burglary of a conveyance, possession of methamphetamine and, of course, grand theft auto. A Dodge Durango that had been reported stolen from a Polk County Walmart’s parking lot was in Ekes’ front driveway. The steering column was broken and the ignition switch was missing. Inside the vehicle police found a ski mask, pliers and screwdrivers. We are dealing with a criminal mastermind here, folks. Tampa Bay Online quotes Polk County Sheriff Grady Judd on the arrest and he makes to sure bash video games in the process:“Crime is not a game,” Sheriff Grady Judd said. “Real-life crime has real-life consequences – and I hope he goes to prison for a good long while, where they don’t have ‘Grand Theft Auto’ video games.”

In Judd’s defense, he has more reason to hate video games than the average law enforcement official. Deputies from his department were among the officers that stopped during a drug bust to play Wii Sports.

We should probably be glad they arrested Ekes and didn’t plant it on the couch next to him instead.

Read [Tampa Bay Online] Also Read [Gamertell]

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MumboJumbo LLC recently (January 25, 2010) announced that a Dallas jury has awarded it $4.6 million in damages from former business partner Popcap Games.

The case stems from a 2006 agreement in which MumboJumbo was to produce, distribute and sell certain PopCap games in North America. MumboJumbo alleged that PopCap breached the contract by selling the games on its own. A jury in the 193rd Civil District Court in Dallas County agreed.

The trial took 12 days and key pieces of evidence included PopCap internal emails that the jury believed were an attempt to sabotage the business relationship between MumboJumbo and a major retailer. In addition to the nearly $5 million verdict, there will be a separate hearing to determine the amount of attorneys’ fees that will be added to the damages.

MumboJumbo is a casual game publisher that has studios in Dallas, Texas (USA), and Vladivostok, Russia. Games it has published include Luxor: Quest for the Afterlife and Cake Mania. Those games are available on its website, through game portals and at retailers. PopCap Games is a Seattle-based casual game developer most well-known for the puzzle game Bejeweled.

Read [PR Newswire] Also Read [Gamertell]

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It seems that the situation in Australia concerning video games ratings isn’t getting better any time soon as the debate will be dragged along again by the South Australian Attorney General, Michael Atkinson.

We previously reported that the Australian government was soliciting public opinions concerning an R18 rating for video games. The government released a paper with arguments for and against the new ratings system so people would be informed before casting their vote. This seemed to be a fair and objective method for consulting the Australian population about an issue that affects them but, now, the whole thing will be moot thanks to Michael Atkinson.

In an interview with Gamespot AU, Atkinson said that the public consultation isn’t fair and the anticipated overwhelming vote in favor will be biased because only gamers will vote. Additionally, Atkinson said that because he has received death threats and abusive emails he won’t change his posture on the subject.

Unfortunately for Australians, Atkinson would have to agree with (or not veto?) the new rating before it is approved so I guess as long as he stays on the government, Aussies will miss out on several games.

To me it seems that Atkinson has made this completely personal and is disregarding public opinion. I don’t understand why such a subject should be in the hands of someone who clearly doesn’t know a thing about video games. The decision affects mostly gamers so if most of the voters are gamers, then the decision was made by the right people. Atkinson should understand that this is not about him versus gamers but about freedom of choice.

I really hope they can come to an objective decision for this and that Mr. Atkinson can get over that mentality. The people who sent the threats and emails are clearly at fault here, but Atkinson’s decision of “grounding” gamers for that is not what I would expect from a grown man or a government official.

Read [Gamespot] Also read [The Escapist]

Image credit: ABC News

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As further proof that the game industry is not playing around when it comes to piracy, United Kingdom resident Yun Can Meng has been sentenced to 12 months in prison.

Meng plead guilty to illegally importing R4 game copier cards. How many? Try 26,500 on for size. The cards allow the use of pirated content on the Nintendo DS.

This bust was a combined effort of The Entertainment and Leisure Software Association’s Crime Unit, Hull City Council Trading Standards Department and the Humberside Police force. ELSPA Director Michael Rallinson had this to say in a statement the group released:

Our crime unit is pleased with the outcome of this trial and pleased to see the Court of Appeal’s copyright judgment is being robustly enforced. Intellectual property [IP] theft is an important issue for the country’s videogames industry, as is protecting it.

This is the second noteworthy arrest on the R4 front in the past few months. November 2009 a mother and son were arrested for piracy in Osaka, Japan.

Read [Game Politics] Also Read [Kotaku] Also Read [Gamertell]

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A boy from New York, NY (USA), and his Xbox Live account helped capture a burglar who had participated in almost 200 robberies.

Jeremiah Gilliam had broken into cars and homes and stolen all kinds of electronic equipment including GPS devices, video game consoles and computers.

The boy’s Xbox 360 had been stolen earlier and, while playing using someone else’s console, he noticed that his Xbox Live tag was being used at that moment. He and his parents called the police and they were able to track the IP address being used to a home in the Bronx.

Gilliam was arrested at an apartment belonging to his grandmother which he had been using to stash an impressive collection of electronics. The police also found several stolen credit cards.

The cops did a great job getting this guy using the Internet. He was basically running a RadioShack from his grandma’s house and had a stack of credit cards so the damage could have been bigger.

Who knows, maybe this kid even got some gamer points added to his score.

Read [NY Post] Also read [Daily Contributor]

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Australia‘s Office of Film Literature Classification (OFLC) is continuing its hard-line stance against graphic video game violence.

Sega’s PC game Aliens vs. Predator has received the refused classification (RC) rating, making it the sixth game this year to be deemed unfit for release in Australia. AvP joins Risen, Sexy Poker, Left 4 Dead 2,  Necrovision and CrimeCraft on this rapidly lengthening list.

Games.on.net got a copy of the OFLC report. It sounds as if the group really, really did not like the Predator’s combat style.

The Predator collects “trophies” by explicitly ripping off human heads, their spinal columns dangling from severed necks. Heads can be twisted completely around in order to break a character’s neck. Eyes can be stabbed through or gouged, leaving empty, bloodied eye sockets. It is noted that a player is able to combine maneuvers together in quick succession, which further increases impact; for example, a Predator can stab a character through both eyes with its wrist blade, and then rip off their head, with spinal column still attached. Extensive post mortem damage, including decapitation and dismemberment, is also possible.

So, in its current form, this game is nowhere close to receiving classification in Australia. Sega can appeal the ruling, or it could go the route EA did with Left 4 Dead 2 , releasing a much less violent version.

If the OFLC keeps this up, Australia is probably going to see an explosion in the game import industry.

Read [Games.on.net] Also Read [Game Politics]

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Australia’s Office of Film Literature Classification (OFLC) unit is making headlines again, denying another game from being released in that nation in its current form.

The Refused Classification (RC) ruling on Vogster Entertainment’s MMO Crimecraft came down November 26, 2009, placing it in the same banned-this-year category as Necrovision, Sexy Poker, Risen and, most notably, Left 4 Dead 2.

Left 4 Dead 2 was subsequently released in an extremely edited version that took much of the violence out of the game. Critical and fan reception for the neutered version has not been kind. Crimecraft received a “Mature” rating from US-based Entertainment Software Ratings Board (ESRB).

The gangster-oriented MMO contains blood, violence and female avatars that can be outfitted with little more than bras and thongs, so that is no doubt where the OFLC’S objections lie. CrimeCraft is free to play but offers more goodies to those who buy a subscription at Best Buy, the exclusive retailer for the game.

Read [Game Politics] Also Read [CrimeCraft site]

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The state of New York is not only thinking outside the box but also inside the game console with a plan that would send the Emergency Management Office send alerts over gaming networks.

This plan is in the testing phase but network feeds on the Wii, PS3 and Xbox 360 already contain news items about everything from the latest games to sports scores. It seems a natural fit to receive important local news feeds while gaming online.

It is currently being tested as part of the Empire 2.0 program that looks for ways to integrate the latest technology into the way it does business. That includes social media and video game consoles.

Other parts of Empire 2.0 include the Department of Mental Health monitoring Facebook posts to spot potential suicidal behavior and employees joining LinkedIn to improve communication between agencies.

Read [Information Week] Also Read[Game Politics]

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Datel, manufacturer of the Max Memory card that is one of the “unauthorized” memory units Microsoft recently locked out of use with the Xbox 360 console, is taking the company to court.

A federal court in San Francisco is now charged with the task of determining whether the memory card lockout is within Microsoft’s rights or constitutes unfair business practices.

Since the wheels of justice don’t always turn swiftly, I would still refrain from buying any Max Memory cards for a while. Even if Microsoft were to lose here, I’m sure an appeal would be forthcoming.

Money is not exactly an object for Microsoft, so they could theoretically keep this tied up in court until the next console generation.

Read [Joystiq] Also Read [Gamertell]

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There isn’t a day that goes by that doesn’t find someone trying to draw a link between video game violence and real world criminal behavior.

But where it is usually Grand Theft Auto, or some similarly violent game sparking the controversy, this time MMO World of Warcraft has been tied to a school shooting attempt.

The TimesOnline reports that a 13-year-old male student in France apparently planned to shoot his teachers for giving him poor grades.

The potential tragedy was averted when his parents noticed he had left early for school and posted a blog that said November 17, 2009, would be “the last day of his life.” The parents alerted police and, when the child reached Catholic private secondary school Saint Esprit College, police had already blocked the front gate. The boy panicked and dumped his father’s shotgun and 25 cartridges into a nearby field.

His father later found him at an Internet cafe. Under as much scrutiny as the case itself is the news coverage, with nearly every media outlet that covered the story playing up the news that the boy enjoyed playing WOW, with TimesOnline referring to it as a “violent online game.”

WOW‘s fantasy setting is legendary for sucking up hours upon hours of players’ time but lumping it in the same category as GTA seems a bit of a stretch. Rather than wonder what effect the game may have had, here’s a better question: How does a 13-year-old boy manage to wake up, go get his father’s shotgun and ammo, then head off to school with them as easily as he might pack a sack lunch?

Read [Times Online] Also Read [The Mirror UK]

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Could the United States’ next General Patton be a 13-year-old currently playing Halo 3:ODST?

That is not as far fetched as it may seem, according to Washington Examiner columnist Peter W. Singer.

Singer notes United States Army officials’ testimony in Congress that video games including America’s Army are more effective than “any other method of contact” at recruiting potential soldiers. A 2008 Massachusetts Institute of Technology Study found that 30 percent of Americans aged 16-24 had a more positive impression of the Army because of that particular game.

Not only that, Singer found officers willing to testify that gamers make very useful young soldiers, particularly in the piloting of remote drone vehicles. An Air Force colonel called skilled gamers “naturals” at the task that often requires years of training. As a caveat though, that same colonel said gamers didn’t understand the consequences of war as well as regular recruits.

“The video game generation is worse at distorting the reality of it [war] from the virtual nature. They don’t have that sense of what’s really going on. It (video games) teaches you how to compartmentalize it ( the reality of war).”

America’s Army makes no real effort to disguise its goal as a recruitment tool and that has drawn the ire of people that are worried the government is brainwashing youngsters. In May 2009, seven protesters were arrested at a Philadelphia mall that boasts a video game equipped recruitment center.

Read [Washington Examiner] Also Read [Game Politics]

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The punishments for the undercover officers caught Wii Bowling during a March 6, 2009, drug raid have been handed down. And they’re not so punishing.

The Lakeland Ledger reports that 11 members of the multiagency task force were found at fault.

Undercover detectives received a letter of retraining and are required to undergo two hours of retraining. The sergeants who supervised and didn’t stop detectives from virtual bowling got a letter of guidance and must undergo four hours of retraining.

Lakeland Police Chief Roger Boatner told the Ledger:

“It’s been investigated by the sheriff’s office and reviewed by the Lakeland Police Department, and we concur with the action taken against them.”

“We hope this incident doesn’t overshadow all the hard work that went into the arrest.”

Sorry chief, I’m pretty sure it does. These cops have gotten more bad publicity than Michael DiFalco, the alleged drug dealer they were trying to bust.

The computer and camera in DiFalco’s home that recorded the unfortunate Wii Sports tourney was never recovered but officials said those devices are not critical to the case against DiFalco.

Read [Lakeland Ledger] Also Read [Gamertell]

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Street date, schmeet date.

It should probably not come as a surprise that some retailers decided to break the November 10, 2009, street date on Call of Duty: Modern Warfare 2 The events that transpired afterward are definitely worth noting, though.

GameStop contacted COD publisher Activision regarding retailers breaking the street date. According to Kotaku, these conversations led to the retailer deciding to break street date in areas where other retailers had already done so.

GameStop did this - Activision is stressing to anyone listening - without the publisher’s permission.

PC gamers who purchased the game early still had to wait to get their warfare on as the IWNet and Steamworks components can stop anyone from playing until Activision allows the game servers to go live. Infinity Ward’s Robert Bowling tweeted  about the whole situation:

ANY store selling MW2 early is in violation of street date. There are no “special permissions”. That said, we won’t punish players for it.

This seems like an opportune time to mention you can also follow Gamertell’s tweets.

Street dates get broken very often, as with Halo 3: ODST which was sold in France a full 10 days before its planned release.

This situation is somewhat unique: A major retailer actively seeking and then being denied permission to break street date, then doing so anyway.

The gaming world is watching to see what happens. OK, the gaming world is playing the game, only game journalists are sitting around waiting to see what happens to GameStop.

Get your death streak going, we’ll be here to update you if and when Activision declares war on GameStop.

Read [Kotaku]  Also Read [FourZeroTwo on Twitter]

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Eric Hawkins robbed Bremerton Key Bank in 2006, getting away with $12,000 but also bringing along a dye pack that went off after the crime.

Somehow Hawkins managed to escape capture until earlier this year. As the following exploits prove, we can’t blame his criminal mastermind abilities for him evading capture.

Thinking he had gotten completely away with it,  Hawkins decided using the dye-stained cash to buy video games wouldn’t raise any suspicion. He guessed wrong, as Bremerton authorities tracked down “Gerald Lewis” (the alias Hawkins was using when spending the money) earlier this year.

Hawkins was sent to prison for cocaine possession, giving police the opportunity to test his DNA and find that it matched ink-stained sunglasses at the 2006 crime scene. Earlier this week (November 9, 2009) Hawkins was sentenced to seven years in prison for armed bank robbery.

There is no truth to the rumors that the Nintendo Wii cops assisted in this investigation.

Read [Seattle Weekly]

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A visually impaired gamer named Alexander Stern is suing Sony, Sony Online Entertainment and Sony Computer Entertainment America for not offering features that make their games accessible for people with visual disabilities.

According to Stern, by not including these options, Sony is violating the Americans with Disabilities Act.

The law suit claims that Stern has written several emails and letters to Sony requesting these features for games - mainly on MMOs - and Sony hasn’t complied. The suit also mentions how other companies, including Blizzard, have allowed the use of mods or other third party programs to incorporate features including visual cues or voice overs for gamers with “disability impaired visual processing”.

The suit also states that Sony’s denial in including these features are costing Stern money. Sony runs an auction site where users can sell their in-game loot for real money and, since Stern can’t participate in the auctions, Stern claims that he is losing money.

I’m really sorry for this guy and I think that everybody should have the right to entertainment and, in this case, video games but I think he’s just trying to work the system for easy money.

Video games are a visual form of entertainment and I don’t think it’s realistic to suppose that a company is going to modify the code in their games to fulfill the needs of an individual or a comparatively small group. By this same logic all movie studios and book publishers should alter their products to offer versions for the visually impaired.

I think it’s great that some companies offer the possibility of including mods or other programs into the game but. in my opinion, demanding them is totally different. Hopefully, technology that allows visually impaired people to have a better enjoyment of games will come along soon but I don’t think suing is the best way to accomplish or accelerate this process.

Read [Destructoid] Also read [GameSpot]

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In an expletive-filled interview with Sounds Like Fire, rapper DMX lashed out against both the music and video game industries regarding how much of the proceeds they share with artists that make the products possible.

Specifically, DMX was upset with the offer Def Jam made to him to appear in the sequel to Def Jam Vendetta. “X” was an unlockable character in the 2003 fighting game that featured superstar rappers pummeling each other over contracts and disrespect.

He said some people offered him a $25,000 signing bonus and two cents for every copy of every game sold to appear in the sequel Def Jam:Fight for New York. He declined because of his experience with Vendetta.

“Mind you they used my music throughout the whole———- game and I’m the hardest character to get to, so it’s pretty much like my——,” the rapper said in the interview. “$50 dollar———- game and you’re giving me two cents? Let me think about that for a minute.”

It’s a shame he didn’t appear as it sounds as if his real life frustrations with people in the industry would have made an outstanding addition to the story mode of any fighting game.

Read [Sounds Like Fire] Also Read [Game Politics]

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The Los Angeles Times reports that earlier this week (October 29, 2009) a Sacramento jury awarded $16 million to the family of Jennifer Strange, who died in a ill-fated 2007 radio contest that asked participants to “Hold Your Wee for a Wii.”

The mother of three died from water intoxication after chugging bottles of water without urinating for hours during the “Morning Rave” show on Sacramento’s KDND-FM in an attempt to win a Nintendo Wii console.

During the broadcast, one of the DJs mentioned the 2005 death of a college student during a hazing ritual in which he which he was forced to drink water without urinating. Also, a listener called in and warned the DJs of the hazards of water intoxication. Entercom Communications Corp., the company that owns the radio station, fired 10 people in the wake of the deadly prank.

Entercom said it will not contest the judgment.

Read [Los Angeles Times] Also Read [G4]

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Somewhere, Jack Thompson is tittering with peals of glee as the debate about video game violence just jumped to the forefront of the holiday shopping season.

Footage from arguably the biggest game release of 2009, Call of Duty: Modern Warfare 2, was leaked earlier this week (October 27, 2009). That would normally only be a big deal to folks concerned about spoilers. Spoilers, as in this is a SPOILER WARNING!

Seriously, there be spoilers here.

The leaked footage shows the player in control of a Russian terrorist who is mowing down innocent civilians at what appears to be Los Angeles’  LAX Airport.

Activision has confirmed that the footage is authentic and released a statement in the way of damage control.

“The scene establishes the depth of evil and the cold bloodedness of a rogue Russian villain and his unit. By establishing that evil, it adds to the urgency of the player’s mission to stop them,” the statement reads. “Players have the option of skipping over the scene. At the beginning of the game, there are two ‘checkpoints’ where the player is advised that some people may find an forthcoming segment disturbing. These checkpoints can’t be disabled.”

The Modern Warfare games are famous for combining gritty storytelling with “what if” scenarios that could happen in the real world. The first game’s depiction of a nuclear explosion was one of the most awe inspiring and yet unsettling moments in recent gaming history. You had to wonder how they would one up a nuclear strike and now it appears we have our answer.  The game hits store shelves November 10, 2009, for PS3, Xbox 360 and PC (Windows).

The controversy has hit already and won’t be letting up soon.

Read [The Telegraph] Also Read [Gamepro]

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One of the downsides of using a mail rental service for games, movies, etc. is the number of middlepeople involved.

Between the shipping facility, the post office and the mail carrier there are a number of places a game can get damaged, lost or outright stolen. That’s what former Postal Service officer Reginald Johnson admitted to doing 2,200 times in federal district court Thursday October 15, 2009.

The former mail processing clerk allegedly stole $86,000 worth of stuff and, according to police reports, Johnson’s scams didn’t stop there. Police claim he was trading the games to GameStop and buying game consoles with the store credit. GameFly reported the large number of missing discs to the Postal Service, who caught Johnson in a surveillance sting.

Then came a scene straight out of a true crime genre game as Johnson fled in his SUV before having a wreck and getting caught with enough games and equipment to start his own store.  Agents found 81 GameFly mailings in a duffel bag (that Johnson fled the scene with) and 79 more inside his vehicle. Also inside the SUV were five Wii Sports, three Wii Fits, a PlayStation console (the Philadelphia Daily News does not specify which Sony console) and a plethora of GameStop receipts.

Sadly, this is far from the only case like this.

In August 2009, we reported on a Florida UPS driver and his wife who are accused of stealing a quarter of a million in packages. Their stash included game consoles, weapons and a Cobra GPS with Bluetooth. And a former Massachusetts postal worker pilfered 3,200 Netflix DVDs, or $36,000 worth of merchandise.

Read [Philadelphia Daily News] Also Read [Gizmodo]

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A Flash cartridge that can be used to store pirated Nintendo DS games has publishers up in arms and a group of them are suing the companies that make the devices.

Nintendo, Capcom and 53 other publishers are taking legal action under Japan’s Unfair Competition Prevention Act, targeting four companies that make the R4 cartridges.

In February 2009, Tokyo District Court placed an injunction on the cart manufacturers making it illegal to sell R4s in Japan. But, as is often the case with legal issues, a court saying people can’t have something hasn’t stopped people from getting it.

The setup is almost comical. Countless retailers in Japan’s Akihabara electronics district stock the R4 but, because of the legal heat, clerks have been forbidden from discussing exactly what it does. Also, there has been another company making a pirated version of the chip primarily used for pirating. Sigh.

Because the R4 is still a fixture in electronic stores, the publishers are keeping the legal pressure on and likely paying a pretty penny to do so. Capcom said in a statement that vendors have “continued to ignore our warnings” and “did not show any sincere response.”  As the battle between publishers and pirates continues, Nintendo has gone so far as to enlist help from its customers.

Nintendo has posted a web form (in Japanese) that can be filled out anonymously should you want to report anyone selling the gadgets.

Read [Gamasutra] Via [Videogamer.com]

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Is the Christian market for games being underserved? Is there, in fact, a market for Christian games? Walmart and Left Behind Games will try to answer those questions with a test in 100 stores in the Houston and Dallas areas. These stores will stock back catalog PC games based on the best selling Left Behind book series.

Other than the Left Behind games the company also produces the educational Charlie Church Mouse series aimed at preschoolers.

Troy Lyndon, CEO of Left Behind business unit Inspired Media Entertainment, said in a recent press release that the company picked Texas because that state has the highest number of evangelical Protestants in the United States (it has more than 23,000 churches statewide). “The US market for Christian video games could reach $648 Million within the next five years based upon just 3% of video game sales being in the Christian segment,” Lyndon is quoted as saying in the release.

In additional efforts to promote the games, Inspired Media is sending letters to thousands of church pastors hoping they’ll turn their congregations on to the series.

If you’re in Texas and interested in finding the games, you can go to the Inspired Media web site for a list of the 100 Walmart stores in the test group.

Read [Wired News] Also Read [Gamespy] Site [Inspired Media]

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The sequel to zombie slaying hit Left 4 Dead 2 has toned down its violence so it can be sold in Australia.

That nation’s Classification Board refused to give the game a rating last month because of decapitation, dismemberment and dead bodies remaining on the ground. Australia has no “Adult Only” (AO) classification for games as the ESRB does. If a game can’t make the MA15+ rating, it can’t be sold in Australia.

To earn a new rating, developer Valve took large amounts of gore out and dead bodies now vanish after they hit the ground. Valve is resubmitting the original version of the game and, if it ever receives a classification, Australian gamers will be able to download a free update for the edited version. The game’s melee weapons, which include chainsaws and axes, will remain in the game.

Left 4 Dead 2 has been a surprisingly controversial sequel so far. In additional to the problems in Australia, a group of diehard players started a boycott because they feel the sequel is a rehash and includes content promised for the original game.

[News.com.au] Via [GamePolitics] Also Read [Gamertell]

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Being disbarred by the state of Florida hasn’t stopped Jack Thompson from making enemies, headlines or legal trouble. His latest effort is a lawsuit against social networking mainstay Facebook, claiming the site should remove comments threatening Thompson.

Facebook has numerous groups for people galvanized by a single cause and many of them are anti-Thompson. Some include Stop Jack Thompson and Yes Jack Thompson, I Play Violent Video Games And Am Not a Psychopath.

Among the posts that angered Thompson are a user offering $50 to anyone who will punch Thompson in the face and another user suggesting people hit Thompson in the face with an Atari 2600. In court documents filed in Florida, Thompson said he faxed Facebook CEO Mark Zuckerberg twice but received no response. In ThompsonWorld, that’s grounds for a lawsuit and he filed one September 29, 2009. Most legal experts don’t give Thompson much of a chance since the Telecommunications Act of 1996 contains a section that says website owners are not liable for user supplied content.

Thompson counters that Facebook has already shown a willingness to delete potentially harmful content, noting the site’s administrators deleted a poll asking whether or not Barack Obama should be assassinated.

Read [Facebook] Also Read [Associated Press] Also Read [Gamertell]

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Drinking and gaming. We saw it happen with Halo and World of Warcraftand now a beverage company is trying to help juice up Call of Duty: Modern Warfare 2. Monster Energy drink has teamed up with Activision for a cross-promotional effort that the companies hope will help keep gamers from passing out during MW2 marathon gaming sessions.

Even more interesting are the promises on the drinks’ packaging which indicate that Monster will give away MW2games which will be available November 11, 2009 for PS3, Xbox 360 and Windows, as well as downloadable content (DLC), indicated to be available Spring 2010.

Monster may have jumped the gun because Infinity Ward’s Community Manager Robert Bowling said production on DLC hasn’t even started yet.

Responding to a disappointed fan on Infinity Ward’s forums, Bowling insists that Infinity Ward will not start working on any additional content until Modern Warfare 2 is certified and completed. He even admits that the team hasn’t begun thinking about future DLC.

You can get in on a contest that gives out various MW2 prizes by purchasing specially marked Monster Energy, Lo-Carb Monster Energy, Assault 4-Packs and marked MW2 Monster 6-packs. The contest began on October 1, 2009, and will continue until December 31, 2009.

In the meantime, here’s a rundown of the prizes up for grabs:

• 1st Prize: MW2 Hardened Edition for Xbox 360 or PS3
• 2nd Prize: MW2 Map Pack 1 Download
• 3rd Prize: MW2 Xbox 360 Dashboard Theme or PS3 Dynamic Theme
• 4th Prize: Free 12oz. Monster Energy Drink Coupon

Read [Examiner] Also Read [VG247]

Image Source: ModernWarfare247

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NFL legends Jim Brown and Herb Adderley believe EA Sports is using their images and career statistics - and those of thousands of other athletes - without fair compensation. On Monday (September 28, 2009) they asked U.S. District Court Judge Claudia Wilken to let them join former Nebraska and Arizona State University quarterback Sam Keller in a suit against EA.

Keller and the NFL Hall of Famers say EA is making millions from the images of college and pro athletes it uses in their games without compensating those players.

EA uses retired players in its Madden games but doesn’t call them by name. It uses their famous jersey numbers, racial backgrounds and the ratings it would assume to those players. College athletes are portrayed the same way. EA and the NCAA argue the video games are protected under the First Amendment as realistic expressions of the games they depict.

US District Court Judge Florence Marie Cooper agreed with EA and the NCAA Wednesday (September 23, 2009) writing that, according to the ” target=“external”>Associated Press, the Madden games “are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment.”

In November 2008, Adderley settled a class-action lawsuit for $26.25 million on behalf of 2,000 NFL retired players in which a jury ruled unanimously that, according to the LA Times., the NFL Players’ Association ignored terms of contracts regarding player marketing where retired players were concerned.

Read [The Associated Press] Also Read [LA Times: Fabulous Forum]

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Man, you just cannot resist the Nintendo Wii. It is almost impossible not to stop a play a few frames of Wii Sports’ bowling, even if you’re on the job and that job is busting drug dealers. Some central Florida police officers have become the subject of nationwide ridicule after a hidden security camera caught them playing a Nintendo Wii during a drug raid.

While raiding the home of convicted Lakeland, Florida drug dealer Michael Difalco two officers found marijuana, methamphetamines and $30,000 in stolen property. Among Difalco’s possessions was a Nintendo Wii, with its best-selling pack-in game Wii Sports. It seems some officers detectives stopped to have an impromptu bowling tournament, not knowing Difalco had a camera recording everything. The search of Difalco’s property took nine hours and cost taxpayers $4,000. The cost of all the bad publicity is beyond measure.

Check out the video:

Of course, the video went viral and has now been seen everywhere from cellphone cameras to The Today Show. It gets better. Apparently a supervisor observed the play session and instead of shutting it off, joined in on the fun. Polk County Sheriff Grady Judd is charged with the unfortunate task of defending the indefendible.

“How do you explain it?” Judd said to NBC 2 TV. “Well you can’t explain that, my deputies know that they shouldn’t have been playing Wii while they were involved in that search warrant.” Judd went on to say the “hurry up and wait” nature of drug searches means there is lots of down time and no taxpayer dollars were wasted. Good luck with that, Grady.

I suspect many Florida taxpayers would like the officers in question to be given all the free time they need to practice bowling - unpaid.

Read [NBC2 News Online] Also Read [Hip Hop Wired] Also Read [Gamertell]

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And you thought Disney’s recent purchase or Marvel meant the House of Mouse would get to keep all of Spider-man’s amazing friends. Heirs to several of the Marvel characters are suing Disney to make certain they recover rights to their parent’s creations.

The children of deceased artist Jack Kirby have reportedly filed 45 notices of termination of copyright. If successful, they would acquire their father’s share of copyrights on characters including the Fantastic Four, Hulk and X-Men, retaining the rights for several years before the characters become public.

If they win the suit, they would get a share of profits from anything involving those characters and could even sell the rights. Heck, they could even sell them to Disney. According to Guardian, “The new claims have implications for a large number of media companies, including Sony Pictures, which owns film rights to Spider-Man, Universal, which has distribution rights to Hulk films, and 20th Century Fox, which owns film rights to the Fantastic Four and X-Men.”

Read [Guardian] Read [Gamertell]

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Starbucks’ prices look positively reasonable when you consider how much a little “Hot Coffee” cost Take-Two Interactive.

The Grand Theft Auto publisher announced on September 1, 2009, that it has reached a $20 million settlement with investors in the class-action lawsuit filed concerning the Hot Coffee scandal surrounding Grand Theft Auto: San Andreas.

The suit alleges that Take-Two was cash strapped before releasing the highly anticipated GTA sequel and rushed the game out the door knowing about the extreme sexual content. Take-Two didn’t help its case when it claimed the hidden sex scene was the work of hackers, when it was designers at GTA developer Rockstar Games who left the content “in” the game. The thing turned into a PR and financial nightmare for Take-Two pretty quickly, leading to a GTA: San Andreas recall and a nosedive in the company’s stock price.

The company’s unsure footing in the post-Hot Coffee era led Electronic Arts to make overtures to Take-Two stockholders. Take-Two’s leadership rebuffed that offer but said they were open to other merger offers. At that time, Take-Two Chairman Strauss Zelnick categorized the EA offer as opportunistic.

News about the settlement also came with the announcement of a quarterly loss of $55.5 million for the period ending July 31, 2009. There was no GTA on the Big Three consoles to pad the company’s bottom line this year and its Nintendo DS release, Grand Theft Auto: Chinatown Wars, underachieved. Also, Take-Two’s biggest 2009 release, Bioshock 2, got delayed until 2010. But whenever that game does come out, it should definitely improve Take-Two’s numbers.

Read [Venure Beat]  Also Read [Kotaku] Also Read [Gamertell]

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The Ft. Myers News Press has a story about an UPS driver who police allege went on a crime spree that would make Grand Theft Auto IV’s Niko Bellic envious.

Craig Podleski, an UPS driver since January 2000, is accused of stealing $250,000 worth of packages including a Wii, an Xbox 360 and three PlayStation 3s. Non-gaming items Podleski is believed to have taken include a $700 compound bow, a Cobra GPS with Bluetooth and - we are not making this up - a police badge from Cape Coral, the town where he lives.

Police arrested Podleski earlier this month (August 2009) after finding so much stolen stuff in his home it filled an entire rental truck.

On August 26, 2009, his wife Cheryl was arrested for dealing in stolen property. She turned herself in to authorities and was released after paying a $2,500 bond. Because when your hubby moves a rental truck worth of high-end electronics and other goodies into your house, it is pretty hard to feign ignorance.

Craig Podleski is still in jail in for his role in what the Cape Coral PD call one of the largest theft cases they’ve ever investigated.

Read [Ft. Myers News Press] Also Read [Kotaku]

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The video game industry could gain a powerful Washington ally in Arizona’s 2010 Congressional election.

Former LucasArts head Jim Ward, who resigned from the company in 2008, wants to be the next US representative from Arizona’s 5th Congressional District.  The district includes Scottsdale, Tempe and parts of Phoenix. He’s running as a Republican against two-term Democrat Harry Mitchell. Ward is using his business experience at LucasArts as a key campaign component.

“It’s time politicians who just want to be politicians got out of the way and let people who have run businesses, created jobs and made decisions they’ve had to live with, go to Washington and straighten out this mess,” Ward said on his election site.

On his site, Ward also mentions his role in handling the Indiana Jones and Star Wars franchise. These days Ward is a venture capitalist.

If he gets elected, will gamers hold his feet to the fire regarding game legislation?

Read [Kotaku] Also Read [IGN]

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Gamers and gamer-advocacy groups have consistently pointed out to concerned parents and government officials that controlling the buying decisions of children under 17 is a personal responsibility, not one that should include government entanglements.

However, the voices of these individuals have sadly fallen on deaf ears, as politicians and parental groups have consistently succeeded in demonizing the gaming industry as a group that cares little for the welfare of children. This has led to state after state, most notably California, drafting and proposing legislation against gaming with the goal of “protecting the children.”

While gamers and their advocates (and the courts) have long since denounced California’s action as pointless, they gained a powerful ally in the LA Times. In and editorial titled “Violent video games: Who controls the joystick?,” the newspaper has taken the state of California to task for its efforts to legislate an action that should really be left up to parental units.

Citing the US 9th Circuit Court of Appeals’ declaration of the latest round of legislation forbidding the sale of violent games to minors as unconstitutional, the LA Times editorial advises Democratic Atty. Gen. Jerry Brown (who defended the California law in the latest case) to stop now and avoid wasting any more taxpayers’ money or embarassment: “Brown shouldn’t risk another embarrassment by taking the case to the U.S. Supreme Court.”

This is an editorial that any gamer can get behind and it would behoove the state of California to listen considering it is currently $42 billion in the red. One would think that California would dedicate more of its efforts in trying to save its state from financial ruin rather than try to take action against problems that, in retrospect, are really futile and unnecessary.

Then again, one thinks that it will take a well-placed hit from Nyko’s Perfect Shot before any member of our government has the sense to leave video games alone. Until then, pointless legislation like this may probably become the norm.

Read [LA Times] Via [Joystiq]

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Video games, what are they good for?

A state government official would be apt to answer that question negatively, right before he or she would immediately draft legislation with the intent of “protecting our young children from this evil, malicious art.”

However, considering the fact that our country is now in the throes of a massive economic struggle, these same state officials are taking a second look at how the video game industry is thriving and, like an old boyfriend whom has seen the error of his ways, has since decided to make overtures to encourage game developers to either seek or establish roots in their states, with additional promises of tax breaks or greater promotional efforts.

This increased effort was mentioned in an article in the Christian Science Monitor. Some noticeable lines from the article mention how these state officials are “enchanted by gamemakers’ big budgets, high-skilled jobs, and purported resistance to recessions,” and point to these reasons for their increased outreach.

Game developers are facing hard times just like everyone else, so this could be read as a case of misplaced affections. However, the fact that these individuals are trying to attract game developers can only be advantageous for the industry. After all, more exposure can only lead to more opportunities for jobs, which in turn can lead to more money.

One would hope though, that none of these game developers consider setting up shop in Utah, considering what is going on there, those developers should not expect a hearty welcome.

Read [Christian Science Monitor] Via [Gamepolitics]

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Cash-strapped Midway Games couldn’t fight the financial realities any longer, announcing on Thursday (Feb. 12, 2009) it is filing Chapter 11 bankruptcy. The move became a foregone conclusion when Sumner Redstone, who had kept the company afloat with his fortune, ran into financial trouble and had to sell his controlling interest for $100,000 to investor Mark Thomas.

That move triggered clauses in Midway’s debt agreements that allowed its noteholders to demand payment now. Midway doesn’t have the money, making it necessary to file for bankruptcy. The company has $240 million in debt but a market valuation of only $14.8 million. I’m no financial wizard, but none of that is good.

It’s not a financial article until somebody gets the word from Wedbush Morgan analyst Michael Pachter, who told the Los Angeles Times Midway now has “breathing room” from its creditors. He cites the liquidations of 3DO and Acclaim as proof that you don’t get much from taking a game company apart. The best chance for Midway’s creditors to get any money is for the company to start turning a profit, either through the Chapter 11 reconstruction or by getting purchased by someone else.One of the names getting kicked around is Square Enix, a company already looking to buy Eidos Interactive. Mortal Kombat vs. DC Universe was a big step in the direction of profitability. It moved 2 million units and breathed life into a fighting game franchise that had been stagnant. Next up is the Vin Diesel driving/action game Wheelman, set for a March 2009 release.

The Chicago Tribune is now reporting that a group of Midway bondholders filed an objection to the bankruptcy proceedings on Friday (February13, 2009). The bondholders are alleging shady dealings by Redstone and Thomas. They believe Redstone’s sale will allow him to garner some tax losses Midway should have been able to claim and that Thomas stands to reap benefits as well. Thomas’ deal makes him holder of $70 million worth of secured claims, putting him ahead of many of Midway’s creditors in getting payment. Again, Thomas paid only $100,000 to get control of Midway. Doesn’t look like there will be any “friendship moves” in these proceedings.

Read [Los Angeles Times] Also Read [Chicago Tribune]

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Midway announced in a press release (February 12, 2009) that it has “filed voluntary petitions in U.S. Bankruptcy Court for the District of Delaware for reorganization under Chapter 11 of the U.S. Bankruptcy Code.”

According to the press release, the company’s recent ownership switch led to to “accelerated repurchase obligations” of debt that the company knew it could not repay. The protection will allow the company to “conduct its business operations as usual.”

Midway Chairman, President and CEO Matt Booty noted in the release that Q4 2008 sales “exceeded expectations in spite of a challenging retail and general economic environment” citing TNA iMPACT!, Mortal Kombat vs. DC Universe‘s and Game Party sales as positives for the company.

Let’s hope this does not have any effect on Midway Amusement Games as well which holds the rights to many of Midway’s earliest arcade games.

Read [Midway] Also Read [Joystiq]

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I’m going to list Jack Thompson’s good qualities: Persistence and, uh, I think we’re done here.

The disbarred Florida attorney has crafted yet another anti-video game bill and this one is currently working its way through the Utah state political machine. Utah Attorney General Mark Shurtleff doubts its prospects, telling the Desert News the evidence Thompson has quoted about violent games having a direct link to violent crime hasn’t held up in court. The AG himself doesn’t sound like he knows what this bill purports to do or how it would be different from the countless anti-game laws that have already been ruled unconstitutional. Shurtleff has told reporters the language in the bill keeps changing.

Could that indecision be because Thompson is completely out of his gourd? Can someone explain to me how a guy that has had all his legal credentials yoinked by the state that licensed him gets to write attempts at legislation in any state? Every mainstream media outlet not named Fox News seems to realize Thompson is one disc short of a complete role-playing game. The Salt Lake Tribune blogger reporting on Thompson’s latest stunt refers to him as a “Florida-based wingnut crusader.”

Though Thompson claims video games incite bad behavior in youth, the former attorney is doing an excellent job of acting out in his own right. He tried unsuccessfully to shoehorn himself and his agenda into the recent tragic shootings in Portland. If the opponents of violent video games really want to be taken seriously, they have got to find another champion.

Read [Salt Lake Crawler] Via [GamePolitics]

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