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Forums - Sales - Activision suing file-sharers RIAA style

twesterm on 21 September 2008

[Source Game Politics]

 

Activision Suing File-Sharers RIAA Style?

September 19, 2008

Activision, the largest and richest video game publisher in the world, has, since 2007, been quietly suing individuals for copyright violations in relation to its console games. Most often, Call of Duty 3 is mentioned in court documents.

Edge Online reports today that Activision is suing a New York man, James R. Strickland, in federal court for copyright violations in relation to unauthorized distribution of the Xbox 360 version of Call of Duty 3.

But defendant Strickland is not the only target of Activision's attorneys. GamePolitics has been researching the story and we've learned that Activision has engaged in a pattern of such lawsuits, in most cases garnering big settlements from individuals who are not represented by attorneys and who, as part of their settlements, agree not to discuss the case.

If the tactics are reminiscent of the draconian measures used by the Recording Industry Association of America (RIAA), that may not be an accident. Activision's lead attorney on the cases, Karin Pagnanelli, has worked on numerous file sharing cases on behalf of clients in the music business.

Activision video game lawsuits uncovered by GamePolitics include cases against the following six defendants:

  • [name removed], Washington. [name removed], unrepresented by counsel, agreed to pay Activision $100,000 (CoD 3 Wii, CoD 3 Xbox 360) to settle the case. Read the [name removed].
  • [name removed], South Carolina. Hyman, also unrepresented, agreed to pay Activision $25,000 to settle the case. (CoD3 Wii, Tony Hawk's Project 8, Xbox 360). Read the [name removed].
  • [name removed] of New Jersey. Laflin, apparently the only defendant who had an attorney, agreed to pay Activision $100,000 (CoD 3 Xbox 360). Read the [name removed].
  • Maryanne Leach of Northome, Minnesota. Leach, with no attorney, agreed to pay Activision $1,000. Read the [name removed].
  • [name removed] of York, South Carolina agreed to pay Activision $100,000 (CoD 3 Wii, Cod 2 The Big Red One PS2, Tony Hawk's Project 8, Xbox 360). He too was unrepresented. Read the [name removed].
  • James R. Strickland, aka Ryan Strickland of New York State; case is still active (CoD3 Xbox 360). Read the [name removed].

It is unknown whether the copyright violations occurred in the course of file sharing, or whether there was some more complex mechanism afoot. Activision's court filings do not specify the manner in which their copyrights were violated, or how they came to learn of the violations.

GamePolitics contacted Activision's lead attorney Karin Pagnanelli several months ago while researching the lawsuits. Our call was not returned. More recently, a call to defendant [name removed] attorney was not returned. Nor was a call to defendant [name removed]. That's perhaps not surprising. Like all of the defendants, [name removed] settlement contains language which would make anyone think twice about discussing the case:

Defendant shall not make any public statements that are inconsistent with any term of this Stipulation to Judgment and Permanent Injunction

(more to follow)



 

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twesterm on 21 September 2008

Kind of an extension of this thread.

I really want to hate Activision for other reasons but this almost makes me start to like them again.



 

Galaki on 21 September 2008

So, you're saying you like RIAA?



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twesterm on 21 September 2008

I don't have a problem with then, then again I don't pirate music.



 

Chemical on 21 September 2008

You are saying like that is a good thing, last time I checked RIAA lawsuits have achieved jack squat in terms of reducing piracy.



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twesterm on 21 September 2008

Whatever the case, I bet this has stopped at least 6 people.



 

Garcian Smith on 21 September 2008

I've got no problem with this. Activision are a publishing company trying to protect their, and their developers', interests. The RIAA is a lobbying organization that has no connection at all to recording artists.

There's really no comparison between the two.



"'Casual games' are something the 'Game Industry' invented to explain away the Wii success instead of actually listening or looking at what Nintendo did. There is no 'casual strategy' from Nintendo. 'Accessible strategy', yes, but ‘casual gamers’ is just the 'Game Industry''s polite way of saying what they feel: 'retarded gamers'."

 -Sean Malstrom

 

 

psrock on 21 September 2008

it stopped 6, but tens of hundreds were created in the same time.



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Aiemond on 21 September 2008

The only thing I think is bad is that the defendants are not allowed to talk about the case. They should always be allowed to talk about the case. Otherwise, pirates being sued does not make me mad. And, they could always have gotten legal counsel.



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JaggedSac on 21 September 2008

Good, the companies are recuperating some for their losses. Just because it does not stop other people from pirating is not relevant. People still commit murder even though thousands have been put in jail for it. Does that mean we should stop prosecuting murderers? A crime is a crime.