The Tacoma News-Tribune reports that a former technical advisor on the original Metal Gear Solid has been charged by federal officials with attempting to ship sophisticated holographic night vision gunsights to Japan.

Capt. Tomoaki Iishiba left Japan in 1993 to join the U.S. Army. Iishiba served in Afghanistan and wrote A Japanese Lieutenant from the 82nd Airborne, a Japanese language book about his military experience.

More recently he has been stationed at Fort Lewis, Washington as an intelligence officer. From the report:

In a two-paragraph charging document filed in U.S. District Court in Seattle, prosecutors wrote that Tomoaki Iishiba bought 60 of the EoTech 553... then mailed them to coconspirators in Japan without obtaining an export license. The company’s Web site lists the sights at $639 apiece...

 

He faces one count of conspiracy to smuggle goods from the United States and is scheduled to enter a guilty plea at the end of the month, Assistant U.S. Attorney Todd Greenberg said...

Iishiba has also endorsed a line of knives.

According to a BBC report, 56-year-old John Darwin (left), on trial for faking his death in a canoeing accident, had an adulterous fling with a US woman he met in an unspecified online game.

Darwin's wife, Anne, revealed the MMO details yesterday while testifying for her own defense. The couple is charged with fraud in the case. From the BBC:

The court heard she eventually found out her husband was having an affair... Mrs Darwin said her husband turned secretive when he joined an internet role-playing game.

 

She said: "It was like a virtual world which was played over the internet. The people who played it became characters in this world and they had money to buy and sell things and they used to cast spells on each other. He became rather cagey when using the headphones and speaking into the computer if I came into the room. It was obvious he was in conversation."

 

Mr Darwin later flew out to Kansas in the US to meet a woman, who his wife believes he met while playing the game.

Separating a hardcore gamer from the copy of GTA IV that he waited for in a launch line?

Absolutely criminal, said a judge in Great Britain. As reported by the Leyland Guardian, Marc Hughes, 21, and Oliver Aindow, 18, not only stole their victim's copy of the game but also broke his nose and jaw.

So, were these two a couple of violence-crazed gamers who were desperate for their own GTA IV fix?

Hardly. The pair promptly sold the game for cash. As Judge Beverley Lunt told the pair in court:

By your own admission this was a pre-planned robbery. You saw that this shop was opening at midnight to sell this X-Box game. You dressed yourselves in hoods.  You deliberately used bushes as cover to stalk your victim and ambush him and for what? For an X-Box game, valued at £40 which you sold for £20.

This is extraodinarily gratuitous violence because the whole thing was conducted in silence. There was no demand for the game to be handed over. It is only at the end when he is lying bleeding, having had his jaw broken and his nose broken that you took the game from his hand.

 

Judge Lunt sentenced Hughes and Aindow to two years each.

Embattled Miami attorney Jack Thompson filed yet another federal lawsuit against the Florida Bar yesterday.

The far more interesting development, however, is Thompson's allegation that he was denied entry to the federal court building in Miami by U.S. Marshals. In an e-mail court filing this morning, Thompson says that he intends to file a federal civil rights action against Chief Judge Federico Moreno and U.S. Marshal Christina Pharo of the U.S. District Court for the Southern District of Florida.

Here is Thompson's version, which also includes additional information on the cautionary visit paid to his residence by a pair of U.S. Marshals last month (a story broken by GamePolitics):

The [US Marshal and the Chief Judge] have undertaken to surveil me and then harass me because of my whistle-blowing...  The two Deputy Marshals who came to my home on June 17... told me that they have been monitoring me for quite sometime because “we have been told you are at the end of your rope and might be a danger to the physical safety of others.” 

 

...When I showed up at the federal courthouse yesterday... the harassment intensified.  When I presented my [ID] I was immediately (not after checking any list) informed that “You have been disbarred.”  I pointed out to the Deputy Marshal that that was news to me...  It is absolutely patently clear that these people were waiting for me.

 

The Deputy Marshall, Willie Bell, then proceeded to berate me when I asked why I was not allowed to enter a public place, the Clerk’s Office, after passing through all of the security scanners, etc.  He told me, “You just want an audience Mr. Thompson.”  I informed him, “No, I simply want to file a civil complaint in the Clerk’s Office.”

 

Mr. Bell, who apparently was instructed to harass me rather than just accompany me... continued to berate me personally, and he trapped me in the elevator to further harass me, which detention constituted a false imprisonment. 

Additional details of the incident (from Thompson's perspective) are to be found in a document filed with the U.S. District Court by Thompson yesterday:

When plaintiff showed up at the federal courthouse today... he was met by federal Deputy Marshals who... informed him that he could not enter the building alone because “Mr. Thompson, you have been disbarred.”

 

...Deputy Marshal (or whatever his title might be) Mr. Willie Bell told Thompson that he would be escorted to the clerk’s office for security reasons...

 

Mr. Bell then proceeded to berate Thompson... but in doing so Mr. Bell made it clear that his job was not just to escort Thompson... His job was to harass Thompson and make the filing of this complaint just about as difficult as it could be... 

 

...the incredible rudeness and extra-legal assigned duties of the US Marshal’s Mr. Bell makes it clear that some communications of some kind have emanated downward from the Chief Judge to the US Marshal... which has “poisoned the well” of this entire federal district court. It is not paranoia to assert such a thing... somebody who is in charge of this federal district court wants to mess with Jack Thompson...

Thompson writes that he is seeking $10 million dollars for the new claim.

GP: Thompson is playing a dangerous hand. While he claims that a conspiracy against him is afoot, it now seems clear that his behavior has some officials concerned that he is a potential security risk. In this regard we note Thompson's own version of a comment he claims was made by U.S. Marshals who paid him a visit last month: We have been told you are at the end of your rope and might be a danger to the physical safety of others.

Funniest Line: Since Mr. Bell apparently had to share an elevator with Thompson while escorting him to the 8th floor, Thompson claims this is "false imprisonment."
 

August 1, 2007 is a date that 32 American families are not likely to forget.

On that Wednesday, more than 100 federal agents from the U.S. Immigration & Customs Enforcement (ICE) service, a division of the Department of Homeland Security, executed search warrants on 32 homes in 16 states. The ICE agents, who were seeking mod chips for console systems, were acting in concert with employees of the Entertainment Software Association (ESA), the trade association operated by US video game publishers.

Among the feds and the ESA, the raids were code-named "Operation Tangled Web." The mod chip investigation began in the ICE field office in Cleveland and the case continues to be coordinated by the U.S. Attorney's office there. The raids generated a fair amount of publicity as well as criticism from some quarters.

In the more than 11 months since Operation Tangled Web, GamePolitics has been attempting to find out what happened to the 32 mod chip suspects who were targeted in the raid. In that time the feds have made no announcements concerning arrests or indictments. Although we've been in contact with ICE several times we have received no information so far.

Our search of publicly-accessible federal court records has turned up only one of the 32 search warrants. That's an indication that the others are still sealed. And in the one we did manage to locate, the probable cause section is not available, so we don't know the basis for the investigation, what the agents uncovered, etc.

But an April 7th website post may yield some clues as to the investigation's status. The author reveals that he received a target letter from the Department of Justice in relation to the raid on his home. The DOJ letter, as described by the author, seems to encourage a quick guilty plea in lieu of a full-blown indictment and federal court trial :

A few days ago I received a letter from the Department of Justice. The letter stated that I was the target of an investigation by Homeland Security (Immigration and Customs Enforcement). In the letter, they inform me, that the potential violations are:

 

1. Title 17 US Code, Section 1201 (in connection with the sale and installation of modification chips)
2. Title 18 US Code, Section 545 (relating to the importation or smuggling of modification chips)
3. Title 18 US Code, Section 1956 (money laundering)

 

The letter goes on to say that if I want to resolve the matter before I am indicted, they suggest I obtain a defense counsel. It also states that defense counsel will be in a much better position to explain the advantages of a one count felony plea. The letter goes on to say that a plea would present significant sentencing concessions on the part of the government, over the sentence that I would get, should I let the indictment process (and subsequent multiple felony convictions) proceed.

GamePolitics has learned that at least one other individual has also received such a letter. It would seem likely that many, if not all, of the 32 suspected mod chippers will be offered quick plea bargains in this fashion. Perhaps ICE and the ESA are waiting for the upcoming anniversary to make an announcement.

On the fallsinc website, the author goes on to say:

I honestly do not believe that I have violated any law, and as such, I feel I should not be charged with any crime, nor should I have my property confiscated. The actions of big business lobbyists is very apparent in this action, and destroying the lives and livelihoods of 32 people just to satisfy “The Big Three” is not a move that I see in the best interests of the people.

 

At this point I need all the help I can get. If you are a video gaming or linux enthusiast, or just a user who enjoys the ability to get more out of legally purchased hardware, I need you at my side...

A copy of an Operation Tangled Web search warrant obtained by GamePolitics from publicly-accessible federal court records shows that 10 WiiKey modchips and one Xeno modchip were among items seized from an Ohio residence believed to be that of the author of the fallsinc website. 

Mod chips are illegal in the United States under the Digital Millennium Copyright Act (DMCA). They are not illegal, however, in some other countries, including Australia and Canada. Last month, a court in the UK dismissed a case against a British mod chipper, ruling that mod chips do not violate copyright under English law.

ESA CEO Michael Gallagher is quoted on Operation Tangled Web in the organization's 2007 year-end piracy report:

As an industry, we protect our intellectual property, encourage our government to crack down on those who break the law, and urge other governments to take similar action against video game pirates. Yearly worldwide game piracy costs total over $3 billion and it impinges on businesses and employees who create, develop, and distribute innovative products.

 

The ESA will work with federal law enforcement to ensure that those engaged in the illegal trade of circumvention devices are prosecuted to the fullest extent of the law.

Nintendo, which recently lost a $21 million patent case to Anascape, is currently litigating another federal patent lawsuit filed by an Illinois man.

In his complaint, John R. Martin alleges that he patented touch screen and pointing device gaming technology in August, 2005. The original Nintendo DS launched in November, 2004 in the United States. Martin's patent application describes his creation as:

An electronic game device system [which] is switchable between an amusement mode and a gaming or gambling mode and is useful for vehicles such as airplanes or boats which move geographically from jurisdictions where gambling is legal to jurisdictions where it is not...

 

An improved method of operating a touch screen on a CRT or ICD computer screen uses finger release as input registering... Mounting arrangements for mounting computer screens or monitors are also disclosed...
 

The drawing at left, from Martin's patent application, illustrates how he envisioned a user interacting with his device. While Martin does not specifically refer to the DS, the form of input he decribes seems to fit the DS as opposed to the Wii's motion-sensitive input.

In its response, Nintendo has denied infringing upon Martin's patent, of which it says it was notified in November, 2007.

Martin has a similar suit in the works against Apple, presumably over the iPod's touch-sensitive scroll wheel.

GamePolitics has a lodged a request with both Nintendo and the plaintiff's attorneys for additional information.

GamePolitics readers will likely recall the tragic killing of 7-year-old Zoe Garcia last December.

The child died from injuries received at the hands of Lamar Roberts, the boyfriend of her sister, Heather Trujillo, 17, who was babysitting for Zoe at the time.

At some point the pair apparently made comments to investigators that they were acting out moves from Mortal Kombat. However, as we reported earlier this year, Heather's aunt believes that Roberts made up the Mortal Kombat story to "look tough" (see: Is Brutal "Mortal Kombat" Murder Lacking the Mortal Kombat Part?).

As reported by Colorado's 9news, Trujillo has received an 18-year sentence which will be suspended if she successfully completes six years in a program for young offenders. She must also testify against Roberts at his upcoming trial.

GP: This case is a terrible tragedy. But beyond that it demonstrates the media's focus on the sensational - and perhaps untrue - Mortal Kombat aspect. What has not received nearly as much coverage is that this was a completely dysfunctional family situation, one that was well known to family service authorities in at least two states.

Via: Kotaku

An attempt to block Activision's merger with Vivendi has ended with a ruling issued by William B. Chandler III (left), chief judge of the Delaware Court of Chancery.

As reported by the Wall Street Journal Law Blog, the judge has apparently taken notice of what World of Warcraft - one of the leading assets in the merger - is all about.

In denying a municipal pension plan's request for a preliminary injunction which would have put the Activision-Vivendi marriage on hold, Judge Chandler wrote:

In some ways, perhaps, the world of Mergers and Acquisitions is a massively multiplayer role playing game as well. Like in World of Warcraft... the participants in the M&A field take on certain roles, interact in their own community, hone specialized skills, and even develop a unique, somewhat curious vernacular.

 

One particular quest in the world of M&A is disclosure litigation. In the instance of disclosure litigation presently pending before this Court, the world of M&A meets the World of Warcraft.

 

In the role-playing game that is this disclosure litigation, both sides have played their respective roles well. Like any game, this one has rules, and the most essential rule of disclosure is materiality. Because the plaintiff could not establish the materiality of its final three disclosure claims, the motion for a preliminary injunction is denied. . . .GAME OVER.

GP: Very cool, indeed, your honor. Read the full decision here (31-page pdf).

Four UK citizens were slapped with fines after the publisher of a PC pinball game charged that they uploaded the product to file-sharing networks.

MCVUK reports that the four were each required to pay £2750 (roughly US$5,500) to Topware Interactive, publisher of Dream Pinball 3D. The company's attorney said that additional cases would be lodged against file-sharers this week:

Copyright owners spend millions of pounds developing copyright works for sale to the public for their enjoyment and yet many think it is acceptable to obtain te work illegally and for free by procuring a copy on a peer-to-peer network.

GamePolitics has been tracking the case of six teens arrested in Nassau County, New York last week following a bat and crowbar-wielding crime spree.

While the Nassau County P.D. said early on in their investigation that they had made a connection between the six defendants and Grand Theft Auto IV, the specifics of that linkage was never made clear.

GamePolitics has learned today that the information came from statements made to investigators by one of the suspects who told police that the group had been drinking beer and decided to act out as if they were playing GTA IV.

Although he would not name the particular defendant who made the statement, Detective Lieutenant Raymond Cote told GamePolitics:

It was rather shocking that these kids would mimic what they see in a fictional video game.

We inquired as to whether the GTA IV allegations would appear in any publicly-accessible court documents. Lt. Cote, however, said they would not. The Lieutenant did reveal that two of the defendants had prior arrests. One had been busted for a drug offense while another had a record for burglary and grand larceny (a crime known in some states, ironically enough, as... grand theft). 

The $65,000 that Minnesota had to pay back to the game biz for legal costs incurred in fighting the state's unconstitutional 2006 video game law has been widely covered since the ESA released the news yesterday.

Over at the Technology Liberation Front, Adam Thierer (left) considers the cost from the perspective of what better uses the time and energy expended on the Minnesota law could have been channeled into instead:

...these cases make it clear that there is a significant opportunity cost associated with censorship efforts. That $2 million in recovered legal fees [by the game industry from nine different states] could have been plowed into educational efforts to help explain to parents how to use the excellent voluntary ratings systems or console-based parental control tools that are at their disposal. Moreover, that $2 million... does not account for the resources that state and local officials put into these regulatory efforts. So, we are talking about a much greater deadweight loss for society and taxpayers.

 

Just think, what if government officials had spent that money on some PSAs during a major sporting event? Or perhaps more brochures and in-store displays to make the public better aware of the ratings and parental control tools at their disposal. Or even a direct mail campaign to homes with children making parents aware of these ratings and tools?

GP: Adam's definitely on the right track here, but we'd even move the discussion beyond the video game space. What social challenges could the Minnesota legislature have been working on instead of video games? Are there no crime, poverty, healthcare, transportation or other key issues to ponder in the Gopher State?

Remember, too, that the $65,000 reimbursement represents only the cost of the video game industry's legal expenses. How many deputy attorney generals, paralegals and secretaries employed by Minnesota - and paid by the state's taxpayers - put their professional time and energy into the case?

As GamePolitics reported yesterday, the ESA announced that Minnesota would reimburse $65,000 in legal fees to the video game industry over the state's failed 2006 "fine the buyer" video game law.

In our coverage, we mentioned that the move apparently signalled that Minnesota would not be taking the case before the U.S. Supreme Court, its only remaining legal recourse. We've got a call into the office of Attorney General Lori Swanson (left) on the Supreme Court issue, but Finance & Commerce now seems to have nailed that part of the story down:

Attorney General Lori Swanson’s decision not to appeal to the U.S. Supreme Court was “practical,” according to spokesman Benjamin Wogsland, who pointed out that the nation’s highest court takes “less than 1 percent of discretionary cases every year.”

But Paul Smith, an attorney representing the [video game industry] plaintiffs, said Monday that the state decided not to pursue the case further because of a deal that would require the attorney general’s office to pay a reduced amount in fees owed to plaintiff’s lawyers. Smith could not say what the reduced amount was, though a court filing from May 19 shows that the plaintiffs’ lawyers were owed nearly $84,000. Woglsand did not return calls Monday.
 

GP: If Paul Smith is correct, Minnesota essentially bargained away - for $19,000 plus future legal fees -  its opportunity to take its argument before the U.S. Supreme Court. Given all that the state had already invested in the case, that would seem a rather curious decision.

It would have been fascinating - and, yes, risky - for the Supreme Court to consider a video game law, especially given Justice Antonin Scalia's comments to Law of Play blogger Anthony Prestia that game legislation might be constitutional.

On Tuesday GamePolitics broke the news that Morgan Creek Productions had filed suit against Nintendo on June 12th over the use of the Hans Zimmer song You're So Cool in a 2004 commercial for GameCube hit Paper Mario: The Thousand Year Door. The tune was part of the soundtrack of Morgan Creek's 1993 film True Romance.

As we also reported, the suit was voluntarily dismissed just six days later.

Now we know why: inept lawyering on the plaintiff's part.

Charlie Scibetta, Nintendo of America Corporate Affairs spokesperson, forwarded this statement to GamePolitics:

A lawsuit filed by Morgan Creek Productions, Inc. against Nintendo of America was recently dismissed.  The lawsuit alleged copyright infringement by Nintendo for its use of the song "You're So Cool" in a Nintendo GameCube television commercial produced by advertising agency Leo Burnett USA, Inc.  In response to the lawsuit, Leo Burnett provided Morgan Creek Productions with a copy of a music license entered into between Leo Burnett USA, on behalf of Nintendo of America and Morgan Creek, for licensing of the song.  The lawsuit was dismissed by Morgan Creek Productions the following day.
 

A 38-year-old ex-convict was arrested in February after he allegedly abducted a mentally-challenged 16-year-old girl. According to FBI documents, suspect David Faboo (left) and his intended victim met while playing World of Warcraft, where Faboo's avatar was named "Avelys".

Faboo was apprehended by Oregon State Police five hours after picking the girl up near her home in California. Because the case crossed state lines, the FBI later became involved. Special Agent Scott Medlin of the FBI's Sacramento Division filed a search warrant on April 21st seeking, among other things, WoW account records for Faboo and his intended victim.

According to Agent Medlin's affidavit, Faboo told a roommate that he intended to marry the victim in both real-life and in WoW. Faboo subsequently purchased a teddy bear, cell phone, chocolates and a promise ring for the girl. When stopped by police, these items were recovered, along with rope, several knives, condoms and sex toys. Faboo had also constructed a makeshift bed out of plywood in the back of his Dodge pickup truck.

Along with WoW records, the FBI also sought account data from MySpace, where Faboo maintained a page as well as e-mail records from Yahoo and MSN. FBI documents indicate that Blizzard, MySpace, Yahoo and MSN all cooperated by providing the requested data to investigators on CD.

The FBI search warrant affidavit characterizes Faboo as a "traveler," a class of pedophile who travels to meet victims. Chief Dan Boon, who heads the police force in the victim's hometown of Wheatland, California, told the Sacramento Bee:

We can't emphasize enough that parents really be aware where their child is spending time on the Internet. If you're not, this kind of thing can happen.

Read the FBI's World of Warcraft search warrant application here (51-page pdf)... 

The New York Times takes a look at the controversy surrounding legal fees sought by attorneys in the Hot Coffee class-action suit.

Seth Lesser, lead counsel for the plaintiffs, told the NYT he was disappointed that only 2,676 buyers of GTA San Andreas filed claims:

Am I disappointed? Sure. We can’t guess as to why now, several years later, people care or don’t care. The merits of the case were clear... The game was sold as something that it wasn’t.

As previously reported by GamePolitics (see: Did Lawyers Inflate Fees in Hot Coffee Class-action Suit?), Lesser and his legal colleagues are seeking $1.3 in fees. Meanwhile, defense attorneys for GTA publisher Take-Two say it only cost them $30,000 to defend the case.

University of Kentucky law prof Mary Davis told the Times:

It doesn’t typically go that way. [To have legal fees far exceed what plaintiffs receive] is sort of backwards.

Ted Frank, an attorney who also writes for the Overlawyered blog, commented:

There are two possibilities. Possibility one is they have a meritorious lawsuit and they’re selling out the class for attorneys’ fees. The other possibility is that, and frankly I think this is the more likely possibility, they brought a meritless lawsuit that had no business being brought to court at all.

The Times also ponders why GTA's non-stop violence is seemingly more acceptable than the Hot Coffee sex animations. Here the newspaper turns to Craig Anderson, an Iowa State prof whose research on game violence and aggression is accepted in some quarters, disputed in others:

For some reason sex is seen as more harmful to kids than violence. The irony is that in terms of the research literature on harmful effects of various forms of media, television, movies, video games, the research is very, very clear. There are significant short-term and long-term effects of violent content.

A hearing on the proposed settlement is scheduled in U.S. District Court in Manhattan today.

UPDATE: Overlawyered's Ted Frank posts his impressions of the June 25th hearing...

A Los Angeles film production company sued Nintendo on June 12th, alleging that the console manufacturer used a tune from the movie True Romance in a commercial for the GameCube.

The suit, filed by Morgan Creek Productions in U.S. District Court for the Central District of California, was voluntarily dismissed by the plaintiff on June 18th.

The 1993 film was directed by Tony Scott and written by Quentin Tarantino.

The song in question is You're So Cool, composed by Oscar-winning composer Hans Zimmer. The suit claims:

Sometime within the past three years, [Nintendo] used the sound recording of "You're So Cool" without authorization in a television advertisement for the Nintendo "GameCube."

 

Plaintiff is informed and believes and thereon alleges that [Nintendo] also used the sound recording at issue herein in other forum in order to generate sales for their product.

It is unknown why the suit was dismissed less than a week after being filed. GamePolitics is seeking comment from the plaintiff's attorney as well as Nintendo.

The complaint does not make reference to a specific use of the song by Nintendo. However, this 2004 post from the Toon Zone forums makes reference to You're So Cool being used in an ad for Paper Mario: The Thousand Year Door.

UPDATE: Also, courtesy of comments left by GP readers Orange Soda and Anonymous, we've added the video of the commercial which apparently sparked the copyright claim.

Read the lawsuit here.

An appeals court in the UK has ruled that mod chips do not violate copyright protections, according to a report on TeamXecuter.

The ruling ended the prosecution of Englishman Neil Higgs, who did business as MrModChips. Higgs was convicted last October, with police seizing some 3,700 chips from his residence. Justice Jacobs, presiding over the case, was apparently persuaded that any copyright infringement had already taken place before resellers like Higgs became involved.

Higgs' website is currently displaying the word "Victory", with a picture of Winston Churchill flashing the famous V-sign.

Not unexpectedly, game biz whinging has begun. Industry veteran Bruce Everiss bemoans the decision on his Bruce on Games blog:

It is only by protecting copyright that game developers can be paid for their work. And if they aren’t paid for their work then they won’t make games as we have seen so many times before.

Meanwhile, as MSN points out:

The verdict follows a similar case in Australia, which legalised mod chips in the country back in 2002, when Sony lost its legal battle to sue a seller. Judge Ronald Sackville declared that the mod chips did not violate Australian laws forbidding the circumventing of "technological protection measures", as they also prevented legal activity, such as playing back-up and imported games.

GP: There's been no collapse of the video game industry in Australia that we've noticed. In fact, things there seem brighter than ever for the industry, mod chips and all.
 

And it looked like it was going to be such a good fight...

Bloomberg reports that Grand Theft Auto publisher Take-Two Interactive has reached a settlement with the Federal Trade Commission in their dispute over the FTC's demands for information relative to EA's takeover bid (see: FTC Hauls Take-Two Into Court and Take-Two Plays Hardball with FTC).

The settlement will avoid a court appearance scheduled for next week in Washington, D.C. From the Bloomberg story:

The agreement reduces the amount of information and number of witnesses Take-Two is required to produce, the company said... The settlement "should substantially reduce the economic burden on the company and focus the inquiry in a way that should minimize the distraction to the company's employees," Take-Two said.

Read the FTC's court filing on the settlement here .

Meanwhile, game biz guru Keith Boesky writes at his A Tree Falling In the Forest blog that the FTC's action is just wrong:

Imagine someone walks up to you and offers you money for your car. You don't want to sell your car, but they make an offer... The DMV looks at their driving record and realizes the potential buyer has been in a lot of accidents, so they ask you to prove why selling the car to them will not be a danger to the community. But wait a second. You didn't want to sell the car. The DMV should not get involved until you try to sell the car. The FTC is getting involved before the car is sold.

A pair of U.S. Marshals were apparently dispatched to Jack Thompson's house today.

The controversial attorney complained about the visit from the law enforcement officials in a filing with the U.S. District Court in Miami. Among the U.S. Marshals' duties are providing security for federal courthouses.

Although the purpose of the marshals' visit is not entirely clear, judging from Thompson's tone, it seems that they carried a warning of sorts. In wake of the visit, Thompson charged that he is being harassed by the Justice Department. The embattled attorney wrote to Chief Judge Federico Moreno:

I was visited today by two U.S. Marshals who were nice gentlemen, and very professional and courteous in their dealings with me.  My complaint is not with them...

 

I have been asking the Justice Department simply to meet with me about [the video game industry's] criminal targeting of me for harm...  Our US Attorney here has obstructed that effort... Instead of being afforded the Justice Department investigation to which I am entitled, I get today harassment from that same Justice Department...

 

When you and the Justice Department dispatch U.S. Marshals to my home because of a letter I wrote you last week complaining about misconduct by District Court Judges here in the Southern District, the purpose of that visit was  to intimidate and harass me...

 

The notion that I pose some sort of physical threat to you or to the judiciary or to anyone else down here is a cruel joke.  The two Marshals said, “If you had actually hand-delivered the letter to Judge Moreno, we would be concerned.”  To that I said, “But I did.  I did that last week because the gentlemen at the metal detectors would not deliver it, and THEY TOLD ME TO DELIVER IT TO YOU.  I buzzed into  your inner offices on the thirteenth floor, and I politely handed the letter to your clerk, who politely took it.

 

If I were a danger to anyone, that would have been the time for me to have proven it, right?  In fact, I have never threatened anyone in my entire life, and you know that, and the Marshals said they knew that.  They were apologetic about being dispatched to my home.  This is outrageous, Judge.  Simply outrageous.   

Wired's Threat Level blog dishes on a U.S. District Court judge's ruling that promotional music CD's are owned by the person they were given to not the record company that distributed them.

The case surfaced when UMG Recordings sued a California man for selling promo CDs on Ebay. However, Judge James Otero ruled against the company, writing:

UMG's distribution of promo CDs provides the recipient with many critical rights of ownership, including the right to perpetual possession and the freedom from obligations to UMG... [Distributing the promo CDs] is properly characterized as a gift or sale, not a license, and title to the CDs transferred [to the recipient].

Lawyer-gamer Mark Methenitis offers some legal insight on his Law of the Game blog:

The victor here is clearly the consumer. This means that if you get your hands on a promotional CD, DVD, or game, even one labeled not for resale, you can keep it or sell it on eBay without worry about repercussions from the game's publisher. More importantly, it prevents an expansion of the first sale doctrine, which could have limited your ability to resell games you've purchased at all. Game resellers, both those on eBay and the major retail chains, should be applauding this decision as it supports their livelihood.
 

Corinne McSherry of the Electronic Frontier Foundation told Wired that the ruling has many beneficiaries:

This is a very important ruling for consumers, and not just those who buy or sell used CDs. The right of first sale also protects libraries, used bookstores, and businesses that rent movies and videogames.