In Plain English: Lohan Loses GTA Lawsuit Appeal


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.

“Here, the Jonas character simply is not recognizable as plaintiff inasmuch as it merely is a generic artistic depiction of a “twenty something” woman without any particular identifying physical characteristics. The analysis with respect to the Beach Weather and Stop and Frisk illustrations is the same.”

The court did not address the advertising and trade elements of Lohan’s appeal. The court also struck down the appeal of Karen Gravano against Take Two, a similar case to Lohan’s, citing similarly that the game did not appropriate her likeness when creating the character Andrea Bottino.

(Source: NYS Court of Appeals)

Twitch Prime Members Get Sweet TERA Console Loot


TERA is live on Xbox and Playstation (provided you purchase a founder pack) an En Masse Entertainment has partnered with Twitch to offer a pack for Prime members. Log in to Twitch between March 27 and April 9 and pick up a code for a TERA pack usable on either console.

  • Violette, a pet dragonette with the ability to auto-loot
  • Purple plasma weapon skin unique to your chosen class
  • Crown of Gold hair slot accessory
  • Fifteen (15) Days of Elite Access enabling power leveling, fast travel, double dailies, and other beneficial rewards
  • Ten (10) Strongbox Keys that open any locked strongbox. Locked strongboxes contain valuable consumable items including XP boosts, crystals and enchanting materials that enhance your equipment, dyes, gems, and more.

(Source: TERA)

TERA Hits Consoles April 3


En Masse Entertainment announced today the official launch date for TERA on Playstation and Xbox: April 3. If you’re not willing to wait until April to get into the servers, you can pick up a founder’s pack and start as early as Tuesday, March 27. Founder’s packs include EMP, mounts, pets, titles, and elite status, depending on which package you buy. The founder’s packs won’t be available until March 27.

“There is a lot of excitement in gaming to finally see the action combat TERA is so famous for realized on console,” states Matt Denomme, Sr. Product Manager at En Masse Entertainment. “We had an amazing reception to our Open Beta test from TERA veterans and newcomers. We are pumped to finally bring the deep, challenging, definitive MMO experience gamers have been waiting for to Xbox One and PlayStation 4.”

(Source: TERA)

 

[Video] Guild Wars 2 Super Adventure Box Is Coming Back


We’re getting close to April Fool’s Day and that can only mean one thing: The Super Adventure Box is coming back to Tyria. Check out the update when it goes live and, in the meantime, enjoy this callback to the first Adventure Box release.

Let’s Talk The Future of MMO Fallout


Before we begin: MMO Fallout isn’t shutting down, I’m not going away, nobody else is taking over, I’m not selling the domain. I’m burying the lead with this note but I personally don’t like when other publications/people start with this headline and then make you read an entire article to find out if it is their farewell address. This isn’t my farewell address.

One concept I’ve maintained over the years with MMO Fallout is complete transparency, I promised that if this website ever attained the kind of revenue that would allow me to peruse the dollar menu at McDonald’s that this website would for all intent and purpose (barring that in a legal capacity) become a completely transparent organization. I haven’t had to do this because, as I’ve said numerous times, MMO Fallout doesn’t generate revenue. I’ve briefly considered starting a Patreon a few times in the past, mostly after viewers suggested it, but I can definitely say that the chances of that happening at this point are about 0%, and I don’t say that with the same kind of certainty as when your favorite MMO says “we are definitely not shutting down” only to file for bankruptcy yesterday.

This also isn’t headed down the road of “I’m not starting a Patreon, but here’s other ways to send me money/stuff.”

Over the past month or two I’ve been busy, and you may have noticed a shift in content because I definitely have noticed a shift in traffic. I haven’t been so forward in talking about this because I don’t like discussing my personal life, but I think it’s important enough to warrant a conversation.

I’m going to law school, or more specifically right now I’m currently studying for the Law School Admissions Test which is going very well, with the intention of going to law school starting as early as this fall. Is this why there’s been more of a focus on industry legalities over the past few months? To tell the truth, the latter had more of an influence on the former, as well as my continuing discussion with the MMO Fallout legal team over the past couple of years. Yes, my comments on having lawyers are not facetious. They’re great lawyers, they have given me a lot of information on avoiding trouble while also defending this website against multiple threats over the past nine years years.

So what does this mean for MMO Fallout? At least until my test in June, I’ll be pushing less content. A lot less. In fact, I’ll likely focus on the kind of pieces that are less deadline-intensive and keep the breaking news to a minimum of topics that are of tangible importance (big announcements and stories) over the kind of things that this website has generally avoided out of lack of time and resources, like covering every game’s patch notes. Things I can work on late at night to release the following day and not worry about being old news by that point.

I may also start accepting more guest posts, as I have admittedly been hesitant to do in the past and has been suggested to me numerous times by readers.

This website isn’t going anywhere, although I will have to apologize to the people who have no doubt grown weary of my increasingly delayed responses via email. I am still here and MMO Fallout is still a labor of love that will be around long after nobody is still reading it.

Other than that I have no opinion on the matter.

Xbox Live Gold Members Get Free Week Of Elder Scrolls Online


That headline is a mouthful.

Starting March 22, Xbox Live Gold members can download and play The Elder Scrolls Online for free for one week. The free week begins at 7a.m. UK time (about 3a.m. EST) and you may want to start the download before you go in to work/school, as the game rings in at a walloping 80 gigabytes. If you purchase the game during or after the free week ends, you’ll be able to keep your progress including any crown packs or store items purchased.

The week ends on March 27 at 3a.m. Players interested in purchasing the game can do so at a discounted rate during the week.

This promotion is already live on PC and Playstation 4.

(Source: Elder Scrolls Online)

[Column] Fact Check: You Can’t Teach An Old Jack New Tricks


Who would have thought that reality, not unlike Hollywood, would start running out of ideas and reboot failures from the 90’s for the modern day audience?

Grab your Nintendo 64 controllers and crack open a Mountain Dew Surge kids, we’re going back to the past to give a platform to one of Florida’s worst attorneys. Jack Thompson, best known for his failed campaign against the games industry ultimately leading up to being disbarred in disgrace for disparaging litigants, making false statements to tribunals, etc, has once again returned to exploit school shooting victims and this week ran an op-ed in The Washington Examiner (archived) to remind us of something we all know: Jack Thompson has no qualms about lying to push his agenda.

So to follow up this piece (and I do recommend reading it for yourself), I decided to roll a point by point fact check for Jack’s major topics.

1. The FBI finds fascination with violent entertainment to be a trait of school shooters

This is true, and Jack even links to the FBI report which, since I read the thing, also recommends not doing exactly what Jack did, create a profile of the typical school shooter calling it “shortsighted, even dangerous.” As it also turns out, people with violent tendencies tend to be infatuated with violent media, however there hasn’t been a conclusive study that would indicate that the latter can cause or enhance the former.

“One response to the pressure for action may be an effort to identify the next shooter by developing a “profile” of the typical school shooter. This may sound like a reasonable preventive measure, but in practice, trying to draw up a catalogue or “checklist” of warning signs to detect a potential school shooter can be shortsighted, even dangerous. Such lists, publicized by the media, can end up unfairly labeling many nonviolent students as potentially dangerous or even lethal.”

2. Jack filed a lawsuit on behalf of the families of students killed by Michael Carneal

This is true, what’s also true is that the lawsuit went horribly for Thompson and crew. The case can be researched as “James v. Meow Media,” and if you want to see Jack’s poor grasp on the law even going back to 1999, just take a look at this case. Thompson and crew sued two porn websites, game companies, and the distributors of the films Natural Born Killers and The Basketball Diaries, whose products were all consumed by the shooter.

The lawsuit made claims on negligence, product liability in regards to producing a “defective” product, and the RICO act. Let’s focus on that last charge to prove my above point, RICO for those outside the loop stands for Racketeer Influenced and Corrupt Organizations, it is a law specifically built for bringing down criminal organizations allowing prosecutors to take down bosses who order crimes committed despite not actually committing those crimes themselves, and Thompson thought that they could use this against porn websites for allowing a minor to access their content.

The case was dismissed on all counts and then appealed to the 6th circuit who in turn dismissed it. According to both courts, it was beyond a doubt that the plaintiff had no facts to support their claims.

“A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”

3. The Columbine Shooters Trained on Doom

This was beyond incorrect in 1999 and it still is wrong despite Thompson’s desire to repeat it as though it were common fact. Anyone with the most basic level of understanding of video games would be able to tell you that Doom, with its technology so basic that it has auto-aim and does not allow the player to do things like look up or down, can not train someone in how to fire a gun, how to maintain a gun, real world tactics, or anything else related to the operation of a gun or battlefield tactics.

The idea that Dylan Klebold and Eric Harris “trained on Doom” is pure nonsense.

4. The American Psychiatric Association found that violent video games shift teens toward the aggressive end of the spectrum

Again, more false claims from Jack. An APA review from 2015 found that there is a link between video games and increased aggression, however they also state that there is no conclusive evidence linking violent media to actual criminal acts of violence. The APA even released a statement calling claims like the one Thompson makes a “disservice.”

“Journalists and policy makers do their constituencies a disservice in cases where they link acts of real-world violence with the perpetrators’ exposure to violent video games or other violent media. There’s little scientific evidence to support the connection, and it may distract us from addressing those issues that we know contribute to real-world violence.”

Thompson also notes the “American Pediatric Psychiatric Association,” an organization that we could find no evidence of existing.

5. The World Health Organization has classified video game addiction as a mental disorder

That has no bearing on this conversation.

6. The military uses video games to desensitize soldiers to killing

Purely fictional statement, one created and repeated by fellow anti-video game zealot David Grossman. There is no evidence that the military uses video games to desensitize soldiers and the Army and Marine Corps have vehemently denied claims of such training methods. This claim is nothing but an urban legend created by people with goals similar to Jack Thompson’s, to be thrown out as fact by people like Jack Thompson.

7. An FTC Sting Operation Found That Retailers Are Still Selling Violent Games

Another sentence, another lie. I know this because the FTC publishes its papers and in 2013 found that “video game retailers continue to enforce age-based ratings, while movie theaters have made marked improvement in box office enforcement.” The sting found that only 13 percent of undercover shoppers were able to buy an m-rated game.

8. The Fraudulent and Deceptive Trade Practices Act Could Be Used Against Retailers

No, it couldn’t. I’m going to explain this in clear terms because Jack doesn’t seem to understand the difference between video games and cigarettes or alcohol. Cigarettes are age-restricted by federal laws created by the Food and Drug Administration. You need a license to sell cigarettes, alcohol, actually any legally age-restricted merchandise and that license comes with agreements to follow laws and regulations on what you can sell, who you can sell it to, and how much you can sell and when.

It is illegal to sell alcohol or tobacco to minors, in fact it’s illegal in a lot of places to be a minor in possession of alcohol (but not cigarettes, incidentally). There is not a law in the United States that makes it illegal to sell violent video games to minors. Jack Thompson should know this, he spearheaded legislation in Louisiana that was shot down and referred to as a waste of taxpayer money.

9. Conclusion

When the Florida Bar disbarred Jack Thompson, they note that he had showed a total lack of remorse or even slight acknowledgment of his inappropriate conduct, concluding that there was no evidence that Thompson would be open to rehabilitation or even appreciate the basis for why such rehabilitation would be needed, and removed his privilege to practice law permanently and without the opportunity for reinstatement.

Over a very extended period of time involving a number of totally unrelated cases and individuals, the Respondent has demonstrated a pattern 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. He does not proceed within the guidelines of appropriate professional behavior, but rather uses other means available to intimidate, harass, or bring public disrepute to those whom he perceives oppose him.

Nearly ten years later, it looks like the Bar’s opinion was correct. Jack Thompson hasn’t changed his tactics. He still doesn’t understand the law, apart from the pieces he’s willing to twist far outside of their legal definitions to fit his claims, and he still doesn’t understand the basics of video games. He is willing to lie, throw out hyperbolic opinions as established fact, and has seemingly no ability for self-awareness.

I’m not going to call on the Washington Examiner to censor Thompson, but running an op-ed by a man who torpedoed his professional career by lying to the courts, especially without noting the man’s long history of absolute falsehoods in regards to the topic that his editorial is covering, is giving undeserved credibility to the simply incredible.

Minecraft PvP Feud Results in 24,000 Bomb Threats Against 400 UK Schools


Sky News reports this week that hundreds of UK schools had to evacuate in response to 24,000 emails sent out carrying fake bomb threats, due to an apparent feud between Minecraft communities. As reported by Alexander Martin, Sky News was able to get in touch with one of the perpetrators who had deliberately falsified the emails so that they would appear to be from another community, VeltPvP, to schools demanding ransom payments of thousands of dollars with the threat that a bomb would be detonated inside the school if the ransom wasn’t paid. The intent, according to the participant, was to get the VeltPvP domain shut down.

https://platform.twitter.com/widgets.js

Another of the alleged perpetrators attempted to justify the bomb threats as a response to allegations that VeltPvP had been attacking other servers and when asked if he felt remorse, another responded “I’m not going to lose sleep over it.”

https://platform.twitter.com/widgets.js

(Source: PCGamer via Sky News)

Make Your Own Paragon: Epic Releases Paragon Assets


All of those internet-savvy armchair developers can finally have their day in the sun, as Epic Games announced that they will release all assets related to Paragon, for free. Assets include 20 characters with their skins, voice overs, animations, as well as over 1,500 environment components from the ill-fated Paragon MOBA. And that’s not all, as more Paragon asset packs are set to release during the Spring and Summer of this year.

The release offers some insight into just how much this game cost to make, and potentially lost, as the art assets themselves (according to the news release) cost Epic $12 million to create and that number will only rise by the millions as more assets are pushed out.

(Source: Unreal)

[Video] Funcom Reminisces On 25 Years


Funcom turns the big twenty five this year, and that means it’s about time for a montage. It’s hard to believe that Funcom got its start way back in 1993, but the developer that we all know from Anarchy Online actually got its start developing licensed and original titles for the Sega Mega Drive (Genesis for you Americans) with games like A Dinosaur’s Tale and Pocahontas.