Does anyone know when MS will release the new dashboard patch?

[dagger55]

Re: Does anyone know when MS will release the new dashboard patch?

I just thought that the basic idea of the marketplace was the ability of users to share game saves. Maybe I misunderstood but the example that I always heard was the ability for someone to make a skateboard park in Tony Hawk and then be able to share it with other gamers but not necessarily charge a price for it.

yup you got that right. MS was pimping that early before launch. I have no doubt this will become available eventually, but im sure MS is trying to make sure people wont be passing around hacks or viruses.

[aholbert32]

Re: Does anyone know when MS will release the new dashboard patch?

It doesn't matter. I believe the rule of law established in the Napster cases was approximately that Napster was in violation of copyright law because it knew or should have known that illegal files were being traded on its program, and it had both opportunity and ability to prevent that. Here, it would seem as if MS would clearly have the ability to prevent illegal files from being shared, so they too would be in violation.

Of course, that would apply only if user-created game files were held in the same regard as MP3s. We know that sharing MP3 files is illegal because the sharer is violating copyright - if he wants to provide that music, he has to get a license from the copyright-owner to do so. I don't know off-hand of any case where game files have been held in the same regard.

Clearly, in the case of game roster-files that contained the names and likenesses of NFL football players, EA would argue that they are the same as MP3s. But I don't think that its as clear-cut as that. I'm also not sure that, in the NFL football hypothetical, EA would even be in the primary position to bring suit against Microsoft if MS enabled its XBOX Live users to trade roster files with NFLPA names and likenesses. EA just bought the license to use those names and likenesses; the NFL (or NFL Players' Association) is the entity that actually owns the rights to those names and likenesses, and as such, they might have the stronger argument against MS.

Interesting to see how this plays out.

The Napster case or the Grokster case has nothing....I repeat nothing to do with game files and doesnt apply in any way. Also if EA filed suit they would be biting the hand that feeds them. Action Replay allows people to download rosters for NCAA football, its second highest seller. That device helps the sale and consumer appeal of the game. I doubt that EA would ever sue Datel or MS for creating a AR type device.

[jgo777]

Re: Does anyone know when MS will release the new dashboard patch?

The Napster case or the Grokster case has nothing....I repeat nothing to do with game files and doesnt apply in any way. Also if EA filed suit they would be biting the hand that feeds them. Action Replay allows people to download rosters for NCAA football, its second highest seller. That device helps the sale and consumer appeal of the game. I doubt that EA would ever sue Datel or MS for creating a AR type device.

I don't think its EA so much that would care (and I agree it would actually probably be to their benefit), but the players whose names and likenesses are being used could, at least in theory, take issue. Napster got tagged for facilitating the sharing of copyrighted material. If MS were hosting these files they could be seen as facilitating the sharing of player names/likenesses.

[luv_mist]

Re: Does anyone know when MS will release the new dashboard patch?

I don't think its EA so much that would care (and I agree it would actually probably be to their benefit), but the players whose names and likenesses are being used could, at least in theory, take issue. Napster got tagged for facilitating the sharing of copyrighted material. If MS were hosting these files they could be seen as facilitating the sharing of player names/likenesses.

Ya'll are reaching with a pole thinking that they would sue for transfers of files over a network like that. Those files are files within a game. The file aren't taking money away from anyone in fact. The deal with Napster was that money was being taken away from the performers and companies that were spending hours and hours trying to tweak the songs and movies to the right degree. Main issue with Napster and any other things similar to that is MONEY!! Napster was tapping into resources for which is had no right to.

The only way these game saves might even make it in court is if the games were being sold for marketplace points. Every company already has their money by the game. In actuality, I'm pretty sure a lot of these companies would love for the users to create their own updated content like that. Would give them more time to do other things. Okay, the NFL could sue but then how many gamers could they potentially lose or sour? The NCAA could sue but how many gamers could they potentially lose or sour? those it WOULD seem logical, these are two totally different playing fields.

Now, if people were selling games over the marketplace, I could see that holding in court. If people were selling updates that were made by others and claiming as their own, I could see a problem. Now if people were tossing viruses and things like that over the marketplace which seems like one of the more realistic reasons for MS to delay this, I could understand that. But gamesaves?? C'mon now!!

[RockyTop1]

Re: Does anyone know when MS will release the new dashboard patch?

Why would they allow for free online game save swaps? If i was MS and was looking for the most profit possible, I'd say you can transfer saves...once you buy our memory unit and take it to your friends house and transfer it.

[luv_mist]

Re: Does anyone know when MS will release the new dashboard patch?

Why would they allow for free online game save swaps? If i was MS and was looking for the most profit possible, I'd say you can transfer saves...once you buy our memory unit and take it to your friends house and transfer it.

I'd just have to get a solid sale out of them by either making it available through only gold subscription or using marketplace points. Maybe saves could be like 25 marketplace points. That would be a reasonable price cause then people would be more inclined to make those purchases. Just a thought.......