https://archive.org/details/LegalGeekEp96
We begin with Nintendo, which has returned to form with Breath of the Wild and the Switch console receiving good reviews this week. But Nintendo has also returned to the courts, with a lawsuit against a company in Tokyo which offers real life Mario Kart rides. With Mario onesies, LED shoes, and mustaches.
Yes, you heard that right. Real life Mario Kart rides. Excuse me while I go purchase my tickets to Japan.
Returning to the law, MariCar is accused of using Nintendo's IP and characters without permission. The closeness of the name and the use of the characters could indeed raise some trademark or copyright issues. While MariCar says they had legal advice saying they were clear, it looks like a bit too much content copying without the small adjustments knockoffs usually make to be clear.
Plus, MariCar sounds like it has no interest in going to court with the game giant. That means this fun folly will either disappear, change, or acquire a license. I'd guess disappear. However, with Nintendo finally licensing some theme park areas in Osaka, Hollywood, and Orlando, perhaps you will still be able to live a Mario Kart fantasy without having to brave the streets of Tokyo.
The other game giant with news in court is Riot Games, makers of top MOBA League of Legends. A court ruling granted Riot with an injunction and $10 million in damages against the makers of a software product called LeagueSharp that was alleged to hack the League game.
LeagueSharp was alleged to violate the Digital Millennium Copyright Act because it circumvents the anti-cheating technology in the League of Legends game software. Even though League is free to play, LeagueSharp was a paid monthly service that allowed players to see hidden information and play automated bot versions of the game to build up swords and supplies to unlock game content faster than normal. That circumvention and botting harmed the game according to Riot Games, and LeagueSharp also hacked and released some confidential employee information from Riot.
This is precisely the type of company and bad actors that video game companies like Riot and Blizzard often try to stop. By obtaining a huge judgement and injunction only 7 months after this lawsuit was filed in August, Riot has quickly protected the League of Legends game and players, and the courts have sent a strong message to other companies that want to try and profit off of or attack other big game titles.
These parties reached a confidential settlement which will avoid the millions in damages, but the result was still exactly what Riot wants.
The Bottom Line is, profitable game giants will almost always act to protect their property and players, and it usually works. We'll see if Nintendo and Riot can continue their hot streak in the court of public opinion as the games continue to develop.
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Thanks for reading. Please provide feedback and legal-themed questions as segment suggestions to me on Twitter @BuckeyeFitzy
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