A California federal judge has dismissed Alexander Stern’s case against the Japanese entertainment company, ruling that online multiplayer games such as EverQuest, unlike bricks-and-mortar establishments, are not “places of public accommodation” under the Americans with Disabilities Act [OnPoint News, opinion in PDF courtesy OnPoint, earlier here and here] (& Darleen Click, Protein Wisdom)
“One major problem with Xbox Live Arcade, Microsoft’s downloadable game service, is that you must deal in ‘Microsoft Points,’ and they come in increments that usually cost more than the price of a game alone. A lawyer has now filed a class-action lawsuit against Microsoft for this practice.” [PC World] Update: not quite as reported?
- Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.
- “Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]
- Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, “The Harms of Homeschooling” (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]
- Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]
- Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]
- Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]
- New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]
- Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]
An already odd binge of litigation has gotten yet odder: the California man who has sued Sony for kicking him off its PlayStation online network, and has sued Nintendo and Microsoft on other grounds, is now suing Activision Blizzard, publisher of the immensely popular online game World of Warcraft, which he accuses of maintaining a “harmful virtual environment” with “sneaky and deceitful practices.” He alleges that use of the game tends to bring on mental health problems, and — the best bit — says he intends to subpoena lyricist Martin Gore of the band Depeche Mode and Hollywood actress Winona Ryder as third party experts on alienation. [GameSpot via Ambrogi/Legal Blog Watch; earlier] Update: Estavillo is subpoenaing Bill Gates too [Seattle PI Microsoft blog]
Updating our earlier item: a San Jose man has appealed a federal court’s dismissal of his suit against Sony for kicking him off the PlayStation network. He’s also suing Nintendo over its Wii update locking out certain unauthorized third-party software, and Microsoft over a “red ring of death” failure on his XBox. [Brendan Sinclair, GameSpot; & welcome Above the Law readers]
Alexander Stern has sued Sony Online Entertainment and various affiliated entities involved in online videogaming, saying the company “is violating the Americans with Disabilities Act by failing to implement features to make its games accessible to visually impaired gamers.” [Gamespot, Kotaku, The Register via Siouxsie Law]
Class action plaintiffs claim that all three of Nintendo’s designs are defective [Colin Miller, Evidence Law Prof]