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MadExponent

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MadExponent

321

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Only one legal hiccup, Patrick. Bringing a counter-claim doesn't mean Epic wasn't defending SK's original claim against it. It only means they are suing back for other stuff. Otherwise, great piece!

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MadExponent

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#2  Edited By MadExponent
@shivoa said:

@sternone said:

As a laywer, I think its an interesting question whether or not the use of the likenesses of existing, real firearms would be a fair use or a trademark violation. At first glance, this seems like a pretty straightforward situation - EA likely cannot legally use actual trademarked names and likenesses of existing firearms without acquiring licensing rights from the license holders, as in, the gun manufacturers. The logic is exactly the same as to say, a car in a racing game.

Could EA put real cars in NFS or Burnout and do whatever they want with them (including full crash damage or the like) without reaching a licensing agreement with the car manufacturer? As best I can see it, theres no good, consistent legal argument for allowing a license free depiction of one trademarked name/likeness (guns) and disallowing the other (cars).

First thing I thought after reading the quote: Man, the NFL are going to be pissed about EA insinuating that the license isn't required for Madden. Oh, I guess they mean the Colt guns and not the Indianapolis Colts in their example. You have to wonder who okayed this move at EA, did they ask legal about it first?

EA did go to legal. Essentially, they are toying with IP law and seeing if they will get away with it. They will be sued...mark my words. There is a very VERY narrow exception for fair use in trademarks and that is generally if the user of the trademark is not making substantial rewards off it. There is more to it than that, but in this case, EA certainly reaps huge rewards from having Colt, H&K, Sig Sauer, etc, guns in their games.

EA won a case over right of publicity in a college football case. They were sued by a player saying that they owed him money over the use of his likeness in NCAA Football. EA said no and won that case. However, this one is very different than what they are trying now. In that case, essentially, the likeness was the player's number whereas here, EA wants the benefit without paying the benefactors. EA figures since they are big they can do it. Activision, Ubisoft, and others will be watching very closely. As an attorney who appreciates IP rights, I think EA should lose. It also seems to me that EA is playing the most hypocritical role possible as a huge IP licenser.

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MadExponent

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#3  Edited By MadExponent

Hire legal counsel. I can be the cool gamer attorney.

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MadExponent

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#4  Edited By MadExponent

It's going to be MGS5 set in the 70s around the time of Les Enfants Terribles.

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MadExponent

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#5  Edited By MadExponent

I too am playing it at the moment. I bought it for the same reason that you did, the Summer drought makes me always want to buy older games and some that I wasn't ready to on day one. I was cringing while going through the first parts expecting it to be bad, but it really wasn't. The game is great and the best since SH4 in my opinion. The only thing that sucks is the framerate issues. They come up and suck the game for a few moments.

Basically the way it works is that if you want a great horror game, adventure game, a game where exploration is rewarded, get Downpour. If you are a SH fan, this is a given, just go buy it now. Put some money into Konami's coffers to show that we still want Silent Hill games. It's not a charity, the game just got really bad press. I almost avoided it entirely and it would have been a huge mistake.

Plusses, likeable and most human character that Silent Hill has ever had. Murphy says what you are thinking in situations and does not react like a robot in situations. When you get chased by monsters or something messed up happens, Murphy will scream and be like "what the fuck was that!?" His interactions with NPCs are also believable and gives him depth. So there is another reason to be interested, the game has good characters and a storyline that at least pulls you in more than 95% of games today. The combat is clumsy, but it's supposed to be. You are not Marcus Fenix, you are a regular guy who will miss hitting an enemy at times. The atmosphere also pulls you in very well. I was thinking that nothing could scare me then when you think a room is clean, a random enemy will jump on your back from behind. Also, for those who enjoyed the music and ambiance from Team Silent games (SH1-4), you'll love the audio here. It builds tension and then gets silent save for whispers or the wind. Then SH2 style, sometimes there will be random knocks and bumps on the wall just to freak you out.

I can't say enough. Gotta go back to it.

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MadExponent

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#6  Edited By MadExponent

"a believable, non-sexualized female lead." Quick guys flatten her boobs and make sure that she looks like a man because THAT is believable. Geez, we are so progressive and with it.

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MadExponent

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#7  Edited By MadExponent

When it doesn't win Game of the Year Sutter will take to twitter to yell at the world. Yawn.

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MadExponent

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#8  Edited By MadExponent

I was happy when I left Gamespot to continue internet hanging with you fellows and I can continue this back at Gamespot. It matters not the location you guys chill at. It's very interesting that the mass media peeps have finally come to understand that your style of game journalism is what people want. Good, honest, funny, commentary on what we love. Thank you all.

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MadExponent

321

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#9  Edited By MadExponent

The CEOs make so much money because the shareholders allow it. Blame the shareholders.

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MadExponent

321

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#10  Edited By MadExponent

So next year when Red Dead 3 (Red Dead Redemption 2?) drops in Feb...it may be MAY!!