Today’s In Plain English covers the very short lawsuit between Starfall Education Foundation and Trion Worlds regarding the Rift expansion Starfall Prophecy. You may be aware that Trion Worlds recently changed the name of the expansion to the Prophecy of Ahnket and wanted to know why. The explanation lies in a recent lawsuit filed by a children’s charity foundation over its ownership of the trademark “Starfall.” If you don’t know what Starfall is, I’ll let the charity’s website explain itself: Starfall Education Foundation is a publicly supported charity, 501(c)(3). We create free and low-cost experiences whereby children can successfully learn through exploration. On the Starfall website and in Starfall classrooms, children have fun while learning in an environment of collaboration, wonderment, and play. We teach through positive reinforcement to ensure children become confident, intrinsically motivated, and successful. Donors to the Starfall … [Read more...] about In Plain English: KLM Starfall Education Foundation v. Trion Worlds, Inc.
Plain english for lawyers
(Editor’s Note: All information presented in this article is sourced from court dockets. As always, nothing in the column should be regarded as legal advice. In Plain English does not attempt to draw conclusions, and all parties are innocent until proven guilty in the court of law. I’ve fulfilled my legal obligation. Thank you.) The Alex Mauer case is one that MMO Fallout has stepped away from covering, due mostly in part to the fact that every major Youtuber from SidAlpha to John Bain and Jim Sterling have more than thoroughly kept up with coverage, as well as that for a while now the story has been moving at such an incredible pace with fact mixing with hearsay that I didn’t feel that I’d be able to keep up with my morning and evening schedule freedom. I’ve always been one to avoid covering controversies until they turn into something genuine, an individual and a company shouting at one another generally leads nowhere, someone gets paid or agrees to stop … [Read more...] about In Plain English: Imagos Softworks v Alex Mauer
Epic Games has made some news this month over the announcement that they are filing lawsuits against people cheating in Fortnite. How many lawsuits? This many, so far: One particular lawsuit has caught greater attention because it turns out that the defendant is 14 years old. Epic Games filed a complaint against Caleb Rogers, or Sky Orbit as he is known on Youtube, one month ago for copyright infringement and breach of contract under North Carolina law. The lawsuit here stems from multiple DMCA stikes against the defendant’s channel by Epic Games, taking down videos showcasing and promoting cheating in the video game Fortnite. The defendant appealed said strikes, and under copyright law the only avenue going further for Epic Games is to file a lawsuit. Further, Defendant is streaming videos of himself playing and cheating at Fortnite by using cheat software (“cheats” or “hacks”) to unlawfully modify Fortnite’s software. In the videos Defendant posts … [Read more...] about In Plain English: No, Epic Games Isn’t Suing A 14 Year Old Just For Cheating
1. Dismissal Sounds Unlikely Let’s start off at the same station and make a few things clear: Despite what is being tossed around on the internet, this case is not a slam dunk for either side (at least not evident from the statements being thrown back and forth). It is very likely that this case is going to go to trial, as there are a ton of allegations being made and accusations that are going to require the backing of email communications and witness testimony. We are not at the point in the case where either side is trying to convince a judge/jury, that won’t come for months down the road. What Cloud Imperium Games is doing with its response is attempting to have the case dismissed by convincing the judge that the accusations have no merit and including comments that there are no damages to be recovered regardless of Crytek’s claims of breach. Since this is a gigantic lawsuit, I wanted to go down the list of points that I found interesting so far. This is not … [Read more...] about In Plain English: Crytek V Cloud Imperium Games (and RSI)
Lindsay Lohan has lost her appeal in New York State Court today in a privacy lawsuit against Take Two. Lohan sued Take Two Interactive in regards to allegations that the company illegally used her likeness in Grand Theft Auto V. In the game, players assist a celebrity by the name of Lacey Jonas escape the paparazzi. Lohan’s lawyers argued that the Jonas character was a likeness of Lohan’s image and personality and thus constituted an invasion of privacy. The appeals court ruled that the image of Lacey Jonas constituted an “indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman” and thus were not recognizable as Lohan. In the ruling, it was also noted that a character in a video game would fall under the laws governing using the likeness of a living person for purposes of selling a product, however the character used in Grand Theft Auto V was not close enough to Lohan to constitute a likeness of her. … [Read more...] about In Plain English: Lohan Loses GTA Lawsuit Appeal