Activision Threatens Lawsuits, But Won't Say Why

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Activision Threatens Lawsuits, But Won't Say Why


Activision has begun suing people for violating its copyrights, but unlike many of its fellows in the industry, it appears to be taking pains to keep its efforts quiet.

Call of Duty 3 [http://www.edge-online.com/news/activision-sues-alleged-cod-pirate] appears to be a common link across all the suits, and is cited specifically in the Strickland case, Activision says other titles are also involved.

Interestingly, Activision's lead attorney GameCyte [http://www.msk.com/attorneys.asp?id=1438], but while he admitted that "There was some [wrongdoing]," he refused to offer further details. He also implied that he agreed to settle the case without being fully aware of just what it was Activision had on him. "They told us they had strong evidence, but they never showed it or proved they had it," he said.

His apparent pliability in the face of vague threats seems particularly strange given the amounts involved in the settlements, which are far from just token sums: Three of the cases were settled for $100,000, one for $25,000 and one for $1000. The anonymous defendant also claimed that he was told the settlement amount would be even higher if he got his own lawyer, and of the five defendants who have settled their cases thus far, only one had legal representation - and his is one of the $100,000 deals.

Activision's hardball approach in these cases isn't entirely surprising: Pagnanelli has considerable experience with copyright violation lawsuits, and has previously represented the RIAA [http://www.riaa.com/] in cases worth "millions of dollars." But it does leave open the question of what the company is actually trying to accomplish. One of the main purposes of such suits is to provide a deterrent to other potential pirates, yet Activision seems eager to keep the proceedings quiet. And if file sharing wasn't the impetus for the actions, what was?



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L.B. Jeffries

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Nov 29, 2007
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*shakes magic 8-ball*

Well, the bad PR surrounding DRM & EA seems like a possible motive to hush it up. If they're in violation of the Transfer Protection Mechanisms or region locking system, which Activision would naturally be pissed about having broken, you could file damages under a variety of infringement claims. No one wants to be compared to the RIAA right now...

Then again, the non-disclosure on those settlements is air tight, so we'll probably never know. It is odd though...if you're not going to chop the concubines head off in front of the other concubines, it's just a waste.
 

scarbunny

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Aug 11, 2008
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Seems odd that it is over CoD3 seen as its a console only game and there must be much easier targets out there. Unless its a case of giving up on the PC market and focusing on the console market where piracy is slightly less rampant (unless of cause you count the PSP/DS)

If there is no "file sharing" involved then there is only really importing and bypassing region like Jeffries has said. Or buying game "backups" from eBay/local market/certain other less than reputable websites.
 

000Ronald

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Mar 7, 2008
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I've got a very bad feeling about this, and I'm not sure why.

Something here just doesn't sit right in my brain.

And it's not what I'm thinking of now, because what I'm thinking of now is irrelevent to the case.

...Is there something about Call Of Duty 3 that they don't want people to know about? Maybe.

Apologies for the paranoia.
 

maxusy3k

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May 17, 2008
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Maybe paranoia is the point. If you don't know what the people did wrong to get brought up on copyright infringement charges, maybe it's best to avoid doing anything that could call for you to fall into the firing line.

That's how it smells to me, anyway.
 

Asehujiko

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Feb 25, 2008
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So they are suing people without telling them what they are sued for and charge extra when they attempt to get a lawyer? That's a fairly large breach of constitutional rights there. CoD5 just dissapeared of my "to buy" list.
 

Lvl 64 Klutz

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Apr 8, 2008
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The scariest and oddest thing is that someone speaking anonymously obviously knew what Activision had evidence of, yet wouldn't mention what it was. Did these people tattoo trademark material on their genitals or what?
 

000Ronald

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Asehujiko post=7.72239.755101 said:
So they are suing people without telling them what they are sued for and charge extra when they attempt to get a lawyer? That's a fairly large breach of constitutional rights there. CoD5 just dissapeared of my "to buy" list.
...perhaps. That's not the impression I got, but it's certainly a possibility.

My logic is that these people wouldn't have caved if they knew they did nothing wrong. Also, if this were true, it would mean that people are being pointlessly milked for money, which shouldn't be nessecary.

...of course, they could all be cowards...

...and the company could be going through tough times...

...and a couple people on staff could be desperate...

But even if that were the case, the higher ups would notice, wouldn't they?

..unless they're in on it...

Now that's just conspiratorial bullshit.

Apologies for confusing you. It's just how my mind works.
 

Asehujiko

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The_Logician19 post=7.72239.760033 said:
Asehujiko post=7.72239.755101 said:
So they are suing people without telling them what they are sued for and charge extra when they attempt to get a lawyer? That's a fairly large breach of constitutional rights there. CoD5 just dissapeared of my "to buy" list.
My logic is that these people wouldn't have caved if they knew they did nothing wrong.
How can you defended yourself if you don't know what you are being attacked by? And a quick browse through the constitution indeed shows that the lawyer = pay more part is definetly illegal.
 

Lvl 64 Klutz

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Apr 8, 2008
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Asehujiko post=7.72239.766654 said:
The_Logician19 post=7.72239.760033 said:
Asehujiko post=7.72239.755101 said:
So they are suing people without telling them what they are sued for and charge extra when they attempt to get a lawyer? That's a fairly large breach of constitutional rights there. CoD5 just dissapeared of my "to buy" list.
My logic is that these people wouldn't have caved if they knew they did nothing wrong.
How can you defended yourself if you don't know what you are being attacked by? And a quick browse through the constitution indeed shows that the lawyer = pay more part is definetly illegal.
Actually, it's rare to succeed, but when a lawyer is involved, it's legal to include trial costs in punitive damages.
 
Dec 1, 2007
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L.B. Jeffries post=7.72239.752518 said:
It is odd though...if you're not going to chop the concubines head off in front of the other concubines, it's just a waste.
It really does appear to be a case of being an asshole for the sake of being an asshole
 

the monopoly guy

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May 8, 2008
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Either Activision is doing something really wrong, or really right. We won't know until we know why they're suing in the first place.