Backbreaker Preview (Xbox 360 Magazine)

[jyoung]

Re: Backbreaker Preview (Xbox 360 Magazine)

So did anyone else read the part on page 3 were it says "Full FIFA-style, 11-versus-11 online play"?

Does that mean we are finally getting some full-team online action ala FIFA, NHL and NBA Live?

That would be huge if true.

Edit: on page 4, it also says the game supports 1 -22 players! This could be happening!

[allBthere]

Re: Backbreaker Preview (Xbox 360 Magazine)

Actually, it would seem success by Keller could kill any edit or create player/team function at all. Even a licensed game, like Madden, only has a certain license. Creating a player, or editing a player, could lead to the end user creating a real rookie, or a real former player, neither of which would be covered under the license, and, thus, would be unlawful (or at least actionable) under a potential Keller victory. You are correct, a Judge who does not fully understand the ramifications could make all edit and create player/team functions obsolete.

That's craziness. If that were to go down, it would be illegal for me to draw a picture of Donovan McNabb and give it to a friend.

[TheWatcher]

Re: Backbreaker Preview (Xbox 360 Magazine)

Actually, it would seem success by Keller could kill any edit or create player/team function at all. Even a licensed game, like Madden, only has a certain license. Creating a player, or editing a player, could lead to the end user creating a real rookie, or a real former player, neither of which would be covered under the license, and, thus, would be unlawful (or at least actionable) under a potential Keller victory. You are correct, a Judge who does not fully understand the ramifications could make all edit and create player/team functions obsolete.

Yes, that's exactly what I was saying, we agree. But I'm looking more at NCAA and non-licensed Pro games across all sports (like when I mentioned PES) because they rely heavily on player editing. Madden will still survive just fine without it because having the likenesses and attributes of the real NFL players is paramount and it's already part of their license, but the other games could be finished without editing. I personally couldn't imagine playing an NCAA Football game without being able to edit names and other things.

[adamgod8]

Re: Backbreaker Preview (Xbox 360 Magazine)

So did anyone else read the part on page 3 were it says "Full FIFA-style, 11-versus-11 online play"?

Does that mean we are finally getting some full-team online action ala FIFA, NHL and NBA Live?

That would be huge if true.

Edit: on page 4, it also says the game supports 1 -22 players! This could be happening!

I guess I'll be the bearer of bad news....that was a mistake by the magazine, it is actually 2v2 online.

[TheWatcher]

Re: Backbreaker Preview (Xbox 360 Magazine)

oh men you just scare the hell out of me
is there a video gamer judge in the supreme court we can rely on ?
just in case ....

I doubt it, but at the very least I hope whoever presides over this will have been able to examine this small-appearing but MASSIVELY huge detail. It can easily get lost in the shuffle of the overall claim and that's where our concern would be if this goes any further.

We just keep getting into one mess after another and you hate to think about this so close to the release of an unlicensed football game with so much promise, but it is something that has to be talked about because the possibilities are all very real.

I don't want to take a shot at one company and single one out, but clearly there has been a lot of irresponsibility and poor judgement, and it just seems like 2004 is where we can pinpoint where it all went wrong, and the same names keep popping up as being involved. The people involved just don't seem to want to do the right things and do anything responsibly, and the gamers aren't speaking up enough and so far we haven't gotten organized, but that's really what needs to happen.

We're at the point now where one court case can either save our market or cause its extinction altogether over the course of this decade. I never thought such a thing could ever happen. It's really a nightmare. You just know that whoever is in the market now without a license trying to make an unlicensed sports game is going to leave and move on to other projects once they find out editing is dead if editing is ever eliminated. Not being able to edit was acceptable a few generations ago, but today that's a product destroyer.

[CharleyDanger]

Re: Backbreaker Preview (Xbox 360 Magazine)

I doubt it, but at the very least I hope whoever presides over this will have been able to examine this small-appearing but MASSIVELY huge detail. It can easily get lost in the shuffle of the overall claim and that's where our concern would be if this goes any further.

We just keep getting into one mess after another and you hate to think about this so close to the release of an unlicensed football game with so much promise, but it is something that has to be talked about because the possibilities are all very real.

I don't want to take a shot at one company and single one out, but clearly there has been a lot of irresponsibility and poor judgement, and it just seems like 2004 is where we can pinpoint where it all went wrong, and the same names keep popping up as being involved. The people involved just don't seem to want to do the right things and do anything responsibly, and the gamers aren't speaking up enough and so far we haven't gotten organized, but that's really what needs to happen.

We're at the point now where one court case can either save our market or cause its extinction altogether over the course of this decade. I never thought such a thing could ever happen. It's really a nightmare. You just know that whoever is in the market now without a license trying to make an unlicensed sports game is going to leave and move on to other projects once they find out editing is dead if editing is ever eliminated. Not being able to edit was acceptable a few generations ago, but today that's a product destroyer.

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.

[jyoung]

Re: Backbreaker Preview (Xbox 360 Magazine)

I guess I'll be the bearer of bad news....that was a mistake by the magazine, it is actually 2v2 online.

Bummer.

I don't understand how the magazine can make this mistake when the preview makes it looks like they were in direct contact with the developers.

The actual writing for this piece made me cringe a bit, too.

[adamgod8]

Re: Backbreaker Preview (Xbox 360 Magazine)

Bummer.

I don't understand how the magazine can make this mistake when the preview makes it looks like they were in direct contact with the developers.

The actual writing for this piece made me cringe a bit, too.

The two theories at this point are that either:

1) The writer misunderstood when the devs said it would be "11v11 football" -as in it will be actual football and not some arcade game.

-OR-

2) This information wasn't suppose to be announced until the embargo lifts and the magazine wasn't suppose to publish it yet, which is why the devs denied it to be true.

[elgreazy1]

Re: Backbreaker Preview (Xbox 360 Magazine)

The writer should be canned. Not only did he completely botch a lot of the information, but his writing was packed with too much fluff. He was either trying to be clever or he was attempting to beat the reader over the head with his writing prowess; regardless of which he failed miserably.

[Tito78]

Re: Backbreaker Preview (Xbox 360 Magazine)

There's probably nothing to worry about. I'm no lawyer, but its unconstutional to restrict users from editing players in their own game; it's also unconstitutional to restrict game developers from allowing their consumers to edit players. It's one thing to sell a product using NFL team trademarks; that is illegal. It's another thing for a user to edit a player himself: he's allowed to do what wants with his own game.

My understanding of all this is very basic: nobody is legally allowed to use NFL teams, players and trademarks to sell a video game but EA.

That's craziness. If that were to go down, it would be illegal for me to draw a picture of Donovan McNabb and give it to a friend.

Natural Motion isn't using the NFL to sell BB. They are allowing the user to, in a sense, draw pictures of NFL for themselves and/or their friends. It only becomes illegal when those "pictures" are being sold.

[jyoung]

Re: Backbreaker Preview (Xbox 360 Magazine)

Those who remember the PC game Freedom Force will recall that one of the comic book companies tried to sue EA because the game allowed users to recreate likenesses of Wolverine, Captain America, etc.

But that lawsuit was thrown out by the courts on the grounds that you can't legislate user-created content.

Backbreaker has nothing to worry about when it comes to users recreating existing NFL/NCAA teams.

[CharleyDanger]

Re: Backbreaker Preview (Xbox 360 Magazine)

Like I said the DMCA says that companies have a legal responsibility to police illegal UGC, and if they do not they can be held liable.

http://www.lawofthelevel.com/2009/07/articles-1/eula/ingame-monitoring-may-create-exposure-to-copyright-liability-claims/

Its your 1st amendment right to create what you want, but it is law that companies must remove the content if it is infringing.

Another thing is that all the other examples like fantasy baseball and comic book characters do not compare to the amount of infringement that there would be in an recreation of the NFL in BB. We are talking over 700 players and 32 teams that MILLIONS would end up using.

The below is a quote from the above link. It was written by a lawyer specializing in interactive entertainment law

"With increased flexibility in content creation and UGC comes increased risk of copyright infringement. Game designers must carefully consider the balance between gameplay and self-protection"

[t11]

Re: Backbreaker Preview (Xbox 360 Magazine)

Look at the post above yours CD.

[CharleyDanger]

Re: Backbreaker Preview (Xbox 360 Magazine)

Look at the post above yours CD.

AHHHHHHHH, go back to the BB forum T LOL

If you read my post you would of seen that I addressed the comic book case.

And what really makes the NFL/NatMo thing so different is that in the Keller/EA case the judge did not thrown out the case. That means the judge looked at all legal precedents and refused to throw the lawsuit out.

If it has truly been a legal precedent that companies are not responsible for its UGC, then the EA judge would of thrown the UGC part of Kellers case out months ago.

[CharleyDanger]

Re: Backbreaker Preview (Xbox 360 Magazine)

Those who remember the PC game Freedom Force will recall that one of the comic book companies tried to sue EA because the game allowed users to recreate likenesses of Wolverine, Captain America, etc.

But that lawsuit was thrown out by the courts on the grounds that you can't legislate user-created content.

Backbreaker has nothing to worry about when it comes to users recreating existing NFL/NCAA teams.

Do you have a link to something about the EA V comic book company? I cant find anything about it.