Erik Estavillo, the Resistance: Fall of Man gamer who sued Sony Computer Entertainment America (SCEA) over being banned from the PlayStation Network has targeted the remaining two major console makers in a new lawsuit.

Microsoft Corporation and Nintendo of America are defendants in a federal complaint, which was filed November 18 in the U.S. District Court, Northern District of California.

Microsoft is being sued for a “red ring of death” affecting the plaintiff’s Xbox 360 console. Estavillo notes that as he is disabled, he cannot afford to pay the “well over $100” fee to fix the console, nor can he afford to purchase a new one. He feels “that Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff.”

Estavillo is seeking $75,000 from Microsoft, due to the “undue stress” he has undergone since the 360 broke and the “sadness he will have in the mean time of finding one he can afford.”

The same complaint targets Nintendo over a Wii system update. Estavillo claims that update 4.3 disabled his Homebrew Channel, which he used to unlock characters in Mario Kart Wii. Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy, which will unlock a single character in the former title. “In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game.”

Damages to the tune of $5,000 are sought from Nintendo, for interfering in plaintiff’s “pursuit of happiness.” An injunction is also being sought to prohibit Nintendo from “deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications.”

Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn’s disease, all of which lead to his leaning on videogames “heavily” for happiness.

Estavillo plans to file a lawsuit in state court as well, which he wrote will “pretty much” be identical to the federal suit.


|Image from Flickr|

Despite split opinions on the actual effectiveness of it as a method of working out or maintaining health, the Nintendo Wii is now being sold at a U.S. sporting goods chain.

The Sports Authority will sell both Wii and Wii Fit Plus systems and is launching a new campaign and dedicated in-store section designed to promote the new offerings. “We Know Fit, We Know Fun,” will have Wii-branded fitness trainers on hand in order to encourage customers to try out the system before purchasing it.

David Campisi, president of Sports Authority stated, “Sports Authority recognized that the Wii console is a product that can help you stay active and have fun with your family at the same time, which is why the retail partnership with Nintendo is a perfect fit.”

The Sports Authority, which has 465 stores throughout the U.S., has also launched a dedicated micro-site for the Wii at www.thewiiauthority.com. 102 stores will have the Wii setup in store by November 19, with the rest following suit by next spring.

A survey commissioned by CNET UK asked gamers to weigh in on the failure rate of the current generation of game consoles.

Perhaps unsurprisingly Microsoft’s Xbox 360 came in first (last?), with 60% of the respondents indicating that their 360 had failed at some point. Sony’s PlayStation 3 broke for 16% of those who took part in the poll, while the Wii stopped working for just 6%.

Even worse news for Microsoft, of those who did report their 360 breaking, 32% said the console broke twice and 19% claimed it stopped working three or more time. One unfortunate respondent indicated that their 360 failed six times.

The 360 failure rate fell to 34 percent for respondents who had purchased a console since January 2008.

Of those with broken 360s, 72% percent returned their machine to Microsoft for fixing, while 15% chose to toss the 360 or try to fix it themselves.

All in all, 1,128 people took the poll, with 591 owning a Wii, 562 owning an Xbox 360 and 473 possessing a PS3.

CNET notes that the poll has its faults—those surveyed do not constitute a random sample—but adds that since console makers do not release such information, this is about the best we can go on.

GP: What about you, how are your consoles holding up? My launch 360 red ringed once (under warranty) and my original PS3’s Blu-Ray drive failed once (also under warranty) but the Wii keeps on ticking, although it hasn’t been plugged in since February.

A Nintendo-funded study claims that some Wii games and activities offer energy expenditure levels at least on par with moderate real-world exercise.

Presented at the American Heart Association’s 2009 Scientific Session, the research consisted of putting a dozen people between the ages of 25 and 44 into a metabolic chamber to measure the average Metabolic Equivalent of Task (MET) or energy expended. Wii Boxing performed the best of the activities offered in Wii Fit, averaging about 4.5 METs, followed by Baseball (3.0), Tennis (3.0), Bowling (2.6) and Golf (2.0).  By comparison, an adult walking at three miles per hour on a flat surface burns about 3.3 METs.

Wii Fit’s single-arm stand challenge measured 5.6 METs, though it was noted that overall Wii Fit activity MET readings were low because of the product’s focus on yoga and balance-based exercises.

Motohiko Miyachi, Ph.D, lead author of the study, added, “The range of energy expenditure in these active games is sufficient to prevent or to improve obesity and lifestyle-related disease, from heart disease and diabetes to metabolic diseases.”

This study’s apparent preference of Wii Sports over Wii Fit when it comes to exercise jibes with findings from the American Council on Exercise reported on last week.

Remember those Florida cops caught playing Wii Bowling following a drug raid?

Disciplinary measures for those who took part in the gaming party have been revealed and they are rather lenient. The Ledger reports that, following an investigation by the Polk County Sheriff’s Office, 11 members of the task force in all were found to be at fault.

Undercover detectives who were on the scene received a letter of retraining and will undergo two hours of retraining, while supervising sergeants earned a letter of guidance and were sentenced to four hours of retraining.

Sheriff’s Chief of Staff Gary Hester said, “We are learning from our mistakes. I'm absolutely convinced these folks will never do that again. I think we handled (the investigation) appropriately. We told them we were disappointed in what they did.”

The actual incident took place way back in March of this year, but was not brought to the public eye until September, when a local TV station obtained the footage captured by surveillance cameras.


Thanks Andrew

Recent research suggests that the Wii Fit is “no panacea” when it comes to providing a workout.

As part of a study (PDF) funded by the American Council on Exercise, 16 volunteers between the ages of 20 and 24 underwent Wii Fit training to determine the effect the title can have on health.

After establishing a baseline fitness level in each participant, each was then subjected to six activities chosen from the game especially for their ability to aerobically challenge— Free Run, Island Run, Free Step, Advanced Step, Super Hula Hoop, and Rhythm Boxing. Of the six activities tested, Island Run and Free Run had the best results, though “neither was sufficient enough to maintain or improve cardiorespiratory endurance as defined by the American College of Sports Medicine (ACSM).

John Porcari, Ph. D., one of the lead researchers on the project, had this to say about Wii Fit:

I guess anything is better than nothing, but we were a little bit underwhelmed with the exercise intensity of some of the exercises. The Wii Fit is a very, very mild workout.

In fact, playing Wii Sports may be a better workout than Wii Fit, as Alexa Carroll, M.S., the study’s author, noted:

You’re better off doing Wii Sports than Wii Fit. In Wii Sports there’s more jumping around, and you’re not constrained by having to stand on the balance pad. I just think there’s much more freedom of movement and you get a better workout.”

|Via IndustryGamers|

A 12-year old Canadian boy on the road to delinquency had his Nintendo Wii confiscated by a Judge in lieu of bail money.

The boy’s nine-month crime spree has included such transgressions as smashing school windows, braining another boy with a pool cue and punching classmates, reports the Winnipeg Sun. Judge Marvin Garfinkle granted the child bail in his last court appearance, but only if he put up his prized possession—the Wii—as security.

The kid risks forfeiting the Wii if he does not live up to release conditions, which include “keeping the peace, appearing for court dates, living with his grandmother and participating in a bail management program.”

The boy’s lawyer added:

I know it doesn't look good. I've never seen him enraged, I've never seen him upset. He's a 12-year-old who is generally quite scared.

Via Kotaku

Developer Destineer Games, sister company to Atomic Games (the group behind the ill-fated Six Days in Fallujah), is about to release a Wii-game based on Marine activity in modern-day Beirut.

Marines: Modern Urban Combat is due out on November 10 according to the Marine Corps Times, but “is far removed from the realism that would be portrayed in Six Days in Fallujah, should that project ever move forward.”

Termed a “small-budget” game designed to be “family-friendly,” the new title is based on a Marine Corps simulator Destineer created back in 2005 and will have players attempt to stop Syrian and Iranian factions from inciting a civil war in Beirut.

Peter Tamte, President of both Destineer and Atomic Games offered:

We as a society tend to glorify heroes from 50 years ago, as we should, but there are individuals whose sacrifice and courage and commitment is just as strong who are walking around with us right now.

Tamte added that his company “remains committed” to making Six Days in Fallujah and is seeking out new partners in the wake of Konami bailing out on the project.

Via GameCulture

A school located in the Sengkang area of Singapore has added the Nintendo Wii to its physical education repertoire.

North Vista Primary School is using the videogame technology to help teach sports to its students, with two weeks out of each five week session utilizing the Wii. Asia One reports that the high-tech means of physical education is a way for the school to connect with its students, who principal Phua Kia Wang called “digital natives.”

The indoor PE classes also overcome the problem of oppressive heat in the region. Outdoor PE classes were previously limited to early mornings to avoid the heat, now PE classes can be scheduled with impunity throughout the day.

The school has also invested in heart rate monitors for older students to ensure they do not over exert themselves.

The article further notes that researchers from Nanyang Technological University are eying the effect videogames can have on children’s attitudes towards exercise.

As airports turn to new types of technology to use for screening air travelers, videogame technology may play a role.

An article on CNN details a new Homeland Security-backed project, dubbed Future Attribute Screening Technology (FAST), which measures physiological signs—heart rate, breathing, eye movement, body temperature and fidgeting—in an attempt to decipher whether or not the person being scanned intends to do harm.

The component currently used to monitor fidgeting? A Wii Fit Balance Board modified to show the weight shift of the subject in question. Unfortunately there doesn’t appear to be a concrete correlation between weight shifting and intent to terrorize, as a study is currently underway to determine what level of fidgeting would necessitate a secondary security screen.

Via Kotaku, thanks Mdo7! Image from CNN.

A BusinessWeek list of the Top 40 companies in the world is topped by none other than Japanese videogame maker Nintendo.

The list, commissioned by BusinessWeek from consulting firm A.T. Kearney, started out with the 2,500 largest publicly listed companies in the world, then took only those with a minimum of $10 billion in sales. Further extrapolation thinned the herd to companies with at least 25% of their earnings coming from outside their home region. Finally, companies were rated on sales growth and value creation over the past five years.

Nintendo’s sales have risen 36% annually over the past five years according to BW, which added:

Despite the hard times of the past year, Nintendo's continued emphasis on innovation has helped the company develop must-haves such as the DS handheld game machine and the Wii console, which outsold rival offerings from Sony and Microsoft .

Google took second place, followed by Apple in third.

In a move that has been rumored for awhile, Nintendo announced today that it had dropped the price of the Wii console to $199.99, a savings of $50. The price cut takes effect on Sunday and it marks the first price drop for the console since it was released in November 2006.

Sales for the Wii have been slipping in Japan and the United States, and price cuts on Sony's PS3 and Microsoft's Xbox 360 have only fueled the increased competition. Sony released a statement yesterday saying that PS3 sales had risen 300 percent in the United States with a $100 price cut and the release of the slimmed down version of the console last month.

Cammie Dunaway, Nintendo of America's VP of sales and marketing, said in a statement:

"Our research shows there are 50 million Americans thinking about becoming gamers, and this more affordable price point and our vast array of new software mean many of them can now make the leap and find experiences that appeal to them, whatever their tastes or level of gaming experience."

NPD released numbers last week that, among other things, gave a breakdown of console ownership in the United States. Kyle Orland analyzed much of the data available to get a better picture of the console landscape.

Have these price drops affected your decision to buy a new console?

The Wall Street Journal has an article on the benefits San Diego Padres pitcher Heath Bell reaped from using Nintendo’s Wii Fit in the off season.

Bell was driven to work out more—not to lose weight—but to make his avatar smaller, after the game declared his character obese. The baseball player ended up losing 25 pounds and credits the game with increasing his balance. Bell is enjoying his best season to date, with his 37 saves ranking among the league leaders, though he did give up a game winning, ninth inning two-run homer last night.

Perhaps The New York Mets should look into ordering a full compliment of Wii Fit’s for their entire roster?

Clearly, Vice-President Joe Biden does not read GamePolitics.

If he did, he would have already known that President & Mrs. Obama got their daughters Malia and Sasha a Holy Grail Wii for Christmas.

From the Los Angeles Times:

One White House official recalls the vice president fretting over what to get Obama for his 48th birthday earlier this month. Biden wanted to go with a Nintendo Wii. Told that Obama's daughters already have one, a disappointed Biden said, "You're kidding." Instead, he went with a golf range-finder to help the president judge distances to the hole.

Via: Kotaku

Nintendo has settled a patent infringement case that could have blocked sales of the Wii in the United States, reports Bloomberg.

As GamePolitics noted last September, Hillcrest Labs not only sued Nintendo, but filed a complaint with the U.S. International Trade Commission, alleging that the Wii's motion control system infringed upon the Maryland-based company's patents.

Nearly a year (and lots of attorney fees) later, on August 21st, Nintendo and Hillcrest advised the USITC that they had reached an agreement. Financial details were not made public.

If you own the Psyclone Essentials or React Wii 4-Dock Battery Recharge Stations, it's best to unplug them.

The U.S. Consumer Product Safety Commission has issued a product recall on both units, citing fire and burn hazards caused by potential overheating of the battery pack. A half-dozen incidents have occurred so far, with two gamers suffering minor burns to their hands.

The $50 units were made in China and distributed in the United States by Griffin International. They were sold at Target, Toys R Us, Amazon.com and Best Buy.

The CPSC website explains the process for returning the defective Wii chargers.

UPDATE: Joystiq's Alexander Sliwinski reminds us that these products have been experiencing overheating problems since 2007...

Not for the first time, potential 2012 Republican presidential candidate Newt Gingrich (left) has mentioned Nintendo's Wii on Twitter.

Gingrich, who formerly served as Speaker of the House and was the driving force behind the conservative Contract with America in the mid-1990's, Tweeted yesterday about playing Nintendo's system at a family gathering. Twitter user Konabess offered some follow-up advice and Gingrich responded. Here's how the conversation went:

NewtGingrich: Wii bowling in stevens point wisconsin home of point beer and callista's brother and his family; seven year old is proving tough competition

 

konabess: @newtgingrich keep your elbow in and follow through!

 

NewtGingrich: @konabess good advice I will try this Any advice for wii golf

As GamePolitics reported in March, Gingrich gushed about the Wii his wife Callista received as a birthday present. In February Gingrich dangled the chance to win a Wii as a means of enticing supporters to sign up for the launch of a media campaign.

Partially Via: Kotaku

Apparently taking note of recent reports that video game sales are in the midst of a four-month slide, Tonight Show host Conan O'Brien dropped this one on the audience recently:

Experts say the video game industry has been dramatically hurt by the economic downturn. Which explains the popularity of the new Nintendo game, ‘Wii Job Interview.’

Source: Political Irony

A North Carolina fitness blog has called for obesity warning labels to be placed on video game packaging.

In a review of Nintendo's Wii Fit, Winston-Salem Fitness writes:

Overall, I give Nintendo credit for trying to make a game that tries to get people to be more active, which is more than can be said for other video game manufacturers. However, this will not do anything in terms of chipping away at the American obesity problem.

 

In fact, I’ll go out on a limb and say that the video game industry needs to follow the route of the tobacco and alcohol manufacturers, and state that excessive use of their product could lead to inactivity and obesity, rather than try to make a half-hearted effort at increasing American activity levels...

By our count, this is the second call this year for warning labels on video games. In January Rep. Joe Baca (D-CA) proposed in Congress that games rated T and higher carry warnings linking violent games to aggressive behavior.

Obesity warning labels have previously been advocated in some quarters for consumables such as soda and fast food.

A new report published by the Joan Ganz Clooney Center at Sesame Workshop discusses the potentially positive effects of video games in educating children and promoting their physical well-being.

Game Changer: Investing in Digital Play to Advance Children’s Learning and Health urges educators as well as government and the healthcare industry to look beyond the stereotype of video games as harmful. The report also calls for increased investment in the medium:

All groups committed to the public interest—educators, policymakers, the federal government, industry leaders, philanthropies, universities—should invest resources in learning how to maximize the impact of a potentially powerful phenomenon that can advance both children's learning and health.

Because a large percentage of American youth play video games, increased investment in their positive aspects could reap enormous benefits for the next generation, the report concludes. The authors note, however, that video games are under constant scrutiny due to their perceived negative effects:

Despite their reputation as promoters of violence and mayhem, digital games have in fact been shown to help children gain content and vital foundational and 21st century skills.

While noting that some stakeholders have reservations about investing in video game tech because of the perceived sedentary nature of games and potential links to rising childhood obesity rates, the report notes the popularity of  the Wii and Dance Dance Revolution. Nintendo’s popular console and Konami’s best-selling dance game franchise have helped to alter perceptions about negative physical effects of video games.

The authors also point to a number of well-established examples illustrating the potentially beneficial effects video games could have on the education and health of future American generations:

Digital games are here to stay and offer the country a rare opportunity to leverage children's already established enthusiasm in order to reform education and promote healthy development.

Via: Kotaku

DOCUMENT DUMP: Grab the full Game Changer report here. Grab the executive summary here.

GP: With this article we welcome Doug Buffone to the pages of GamePolitics. Doug, a student at Georgetown, is interning with GP's parent company, the Entertainment Consumers Association.