Backbreaker Preview (Xbox 360 Magazine)

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

Well, it proves you are right. lol. The company was forced to legal action. BUT the court threw out the case under the grounds that you can't legislate UGC.

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

BUT, lets not turn this into another content sharing thread lol.

This preview is promising but I can't wait to here more next week!

[ronnieb]

Re: Backbreaker Preview (Xbox 360 Magazine)

Very good post, many solid points. Yet the lawsuit states

"EA Sports "intentionally circumvents the prohibitions on utilizing student-athletes' names by allowing gamers to upload entire rosters, which include players' names and other information, directly into the game in a matter of seconds."

This speaks to the shared content aspect of the game. I think creation and editing in games will be just fine imo. The DMCA even says if companies are at least trying to prevent infringement then the companies are in the clear. If the companies just remove content sharing as a in game tool then I think they will avoid liability
99% of the time.

i need some help to undersatnd cause i m french (yes french and a football fan..) my english is ok but the discussions is becoming very technical from alegal stand point, if i sum what you mean :
1/ you can edit whatever you want (names, teams, stadium
field, commercials stands etc...)...
2...if and only if you can t share it with a system like 2K share for example..am i right ?
thanks for clarification but i think the stakes are huge for the future of sport gaming

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

Thats what he is saying. If you create the NFL on your game, there is nothing the NFL can do about it. But if there is a download on a service provided by Natural Motion, the NFL can shut it down.

However, when you refer to 2k, I'm assuming you mean 2k5. Backbreaker would not be liable for people uploading there saves to a site and then letting others download.

So really, you will be able to get the NFL into Backbreaker no matter what. Its just the convience of it that we are arguing about.

[CharleyDanger]

Re: Backbreaker Preview (Xbox 360 Magazine)

Ok I found out about the Marvel law suit. The lawsuit was filed against the publisher of City of Heros, NCsoft, and the developer Cryptic Studios.

The case was not thrown out entirely, only certain key elements. There was some type of settlement that has not been disclosed.

It turns out that much of the infringed content was created by Marvel, meaning that Marvel created characters in City of Heros to help their lawsuit. Also that that the infringing content was small enough to be considered under the protection of the DMCA.

Source: http://www.megagames.com/news/marvel...-heroes-part-1

Like I have said before, the major difference with BB will be the insane amount of infringing content, it will be unprecedented honestly. 700 players, 32 teams, and here is the key... MILLIONS sharing it. The NFL will sh!t its self LOL

I would like to quote the judge from the above case

"Only ...where a computer system operator is aware of specific infringing material on the computer system, and fails to remove it, the system operator contributes to infringement, the Court stated"

This proves my position. If NatMo did nothing while millions of its user were using an illegal recreation of the NFL, then NatMo would be held liable.

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

WOO! You finally got a case that was closed to support your position! ARGUMENT OVER!

Finally

[SouthernBrick]

Re: Backbreaker Preview (Xbox 360 Magazine)

BUT, lets not turn this into another content sharing thread lol.

This preview is promising but I can't wait to here more next week!

Could you estimate roughly what day some more info could drop?

Is it going to be on monday or tuesday or are we going to have to wait forever(exaggeration) until friday or something?

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

Well, the latest we should have to wait according to my mathematical model would be friday. But Rob hinted the embargo lifts first week of March. Which is this week!

[SouthernBrick]

Re: Backbreaker Preview (Xbox 360 Magazine)

Well, the latest we should have to wait according to my mathematical model would be friday. But Rob hinted the embargo lifts first week of March. Which is this week!

Lets see...Combine, check. More info on BB, check. My junkie football habit is being fueled. Can't wait to try out the new product in May.

[Tito78]

Re: Backbreaker Preview (Xbox 360 Magazine)

"Only ...where a computer system operator is aware of specific infringing material on the computer system, and fails to remove it, the system operator contributes to infringement, the Court stated"

This proves my position. If NatMo did nothing while millions of its user were using an illegal recreation of the NFL, then NatMo would be held liable.

The "infringing material" isn't on the computer system. The user is putting the would be infringing material on their own personal computer system. There's nothing illegal about that. It only becomes a problem when 505 games or NatMo (themselves) makes it possible to download or share the "infringing material."

Honestly, this isn't a matter of if we get the rosters: it's a matter of where, or from whom, we get those rosters.

[CharleyDanger]

Re: Backbreaker Preview (Xbox 360 Magazine)

The "infringing material" isn't on the computer system. The user is putting the would be infringing material on their own personal computer system. There's nothing illegal about that. It only becomes a problem when 505 games or NatMo (themselves) makes it possible to download or share the "infringing material."

Honestly, this isn't a matter of if we get the rosters: it's a matter of where, or from whom, we get those rosters.

Right, I have always said that as long as it was not shared with an in game tool that NatMo should be able to avoid liability.

But now that I think about it, if you used the content online then NatMo would be held liable. During an online game BB is no different than any other online game. Take down orders are sent to online games all the time.

[TheWatcher]

Re: Backbreaker Preview (Xbox 360 Magazine)

Very good post, many solid points. Yet the lawsuit states

"EA Sports "intentionally circumvents the prohibitions on utilizing student-athletes' names by allowing gamers to upload entire rosters, which include players' names and other information, directly into the game in a matter of seconds."

This speaks to the shared content aspect of the game. I think creation and editing in games will be just fine imo. The DMCA even says if companies are at least trying to prevent infringement then the companies are in the clear. If the companies just remove content sharing as a in game tool then I think they will avoid liability
99% of the time.

Yes, I understand that as long as the end-user is left responsible there is no real worry. But when situations like the one possible go down, companies tend to throw their hands up and distance themselves from the problem as much as possible. It's no different from how many companies refuse to allow people to go online with their own logos, because of the fear of someone doing something obscene, so they just don't include the feature at all. I think that's why NM made it where BackBreaker's user logos online can only be seen by people approved on a friends list. They must've been very concerned with the legal ramifications and they should be of course. But to be sure, they are bold here because most companies simply wouldn't touch the idea.

The other part of that is this... as long as there are roster files and memory cards, sharing can never be stopped, and sharing is the most important thing in regards to rosters for an NCAA game. So how would a company prevent it? They'd have to 86 editing, because if they don't, the "uploading" scenario contained in the claim continues... unless they make it where a user can edit but can't share files, meaning they can't put them on memory cards either. But I see that as somewhat pointless since in reality NCAA rosters for example are usually made by just a few people and then used by thousands. The average person isn't spending all that time to edit the files just for himself. It would be considered unnecessary programming on the part of a major company to keep a feature in that they know 90+% of their fanbase is not going to use, and we all know what large companies usually do with those things... they trash them and replace it with a "new" feature.

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

Lets see...Combine, check. More info on BB, check. My junkie football habit is being fueled. Can't wait to try out the new product in May.

TUESDAY we will be getting at least one article for sure.

[cherone21]

Re: Backbreaker Preview (Xbox 360 Magazine)

TUESDAY we will be getting at least one article for sure.

I wasn't going to order this game as of a week ago. After the latest information I immediately pre-ordered the game. There will be one less copy of madden sold this year that I know of.

If backbreaker's AI is good and there is strategy to the game it will be amazing.

Can't wait.

[duncan54matt]

Re: 4 pqge read exclusive

If your big concern is equipment dont even buy the game. Based on most of what you said i dont recommend you buy the game. In case you havnt noticed, all players wear visors. Obviously player models and equipment is the least of their concerns (which gives me hope they have the right focus).

At least they confirmed you can take your teams online you just wont see the other guys logos. That was a pretty good idea.

Its not my cocern thanxs though .... I am really happy I can take my team online though . I Don't think you need to tell me wether or not I should buy this game I was just commenting on the post man. I am all cool with what ever as long as I have that tackling engine then I will be happy