Blizzard Gets $88M – Faulty System or Mock Trial?

This one has already made quite a big tour throughout the news/media websites, but we’ll trust gamasutra for now. It seems that last year, Blizzard Entertainment sued Alyson Reeves, operator of Scapegaming, for copyright infringement. Scapegaming was offering its users access to private World of Warcraft servers, asking donations for the service. Apparently, Alyson Reeves raised $3,052,339 out of this operation. An U.S. District Court judge awarded Blizzard $88M, including, as gamasutra states, “over $3 million in disgorged profits, $85.4 million in statutory damages and $64,000 in attorney’s fees.” WoW, Alyson Reeves must have had a pretty lousy lawyer.

So, how did it happen? Is this ammount correct? Is the legal system faulty, was it a mock trial or simply did Alyson Reeves get what she deserved?

Well, I have a background in law. I never practised (and this is a good example why), but at least I can understand what’s going on and try to explain what happened in the end. Of course, the law I was taught is a lot different than the US one, as it’s a different legal system, but some of the basic principles are everywhere the same. One of these basic principles states that the injured party’s position should be restored, as if the infringement has never happened. The verdict should restore both parties to their initial positions.

Of course, this is not always easy, especially when we’re talking copyright. One way of doing it is by analyzing the losses the injured party suffered and the profits the injured party never made. Sometimes you have to choose between them, as you cannot ask for both of them. In the US, there is another way, by asking for statutory damages. What are they? Well, you can read here, but I think it’s too complicated for many of you, so it’s better if you try Wikipedia. When it is too difficult to establish how many copies were made or how many times the infringement took place, the owner can choose to receive compensation per work, instead of per copy (when the judge should have calculated the losses and the profits).

It seems that, during the trial, Alyson Reeves lawyers said that Scapegaming users were not aware they were accessing private, not legitimate, servers. It also seems the judge bought it and that’s why he calculated 427,000users times 200USD. The Scapegaming community had 427,000 members in June 2008. Blizzard submitted evidence showing that during the very same month Scapegaming hosted 32,000 users on a given day. Reeves stated that 40,000 people were playing on Scapegaming’s servers every day. These contradictory statements could have lead the judge to use the total number of members, instead of counting the active accounts.

So, what should have happened?

First of all, Alyson Reeves and her lawyers should have sent the full logs of the servers to Blizzard. Let them digg through the logs and check how many active accounts were on their servers at any given time. Alyson Reeves could have retrieved the statistics quite easily and if she said that there were around 40,000 accounts, let’s believe her for the sake of our (legal) exercise.

So, how much did Blizzard actually lose?

40,000 accounts times 15USD which is the regular WoW subscription means Blizzard lost $600,000 a month. Lets say the service operated for 3 years. I don’t know how long it actually operated, but let’s just assume it was 3 years. That’s 36 months. In this case, we have $600,000 times 36 months. $21,600,000. It actually makes more sense to say that Blizzard should have been awarded $21.6 million instead of $85.4 million.

From this point of view, Blizzard could have chosen to receive either the losses Alyson Reeves provoked, or the profit Alyson Reeves made out of the operation. Why not both? Because the profits she made, in this case, should be included in Blizzard’s losses. If the profits were higher, Blizzard could have asked for them, instead of the losses. This is where the system is faulty. If the aim is to restore both parties to their initial position (executing compensations in order to do that), then those $3 million dollars Alyson Reeves made do not belong to the parties, but to the people who donated, because the verdict should have put the parties in a state where THE INFRINGEMENT NEVER TOOK PLACE. If Alyson Reeves would have been forced to pay damages to Blizzard for copyright infringement, she should have been forced to return the money she made to the people she conned. So, any way, those $3 million should have never been awarded to Blizzard. Unfortunately, that’s theory we’re talking here. Or not!

Blizzard submitted evidence of the PayPal transactions. Blizzard asked for statutory damages, instead of losses (and profits). OK, why not summon to the trial all those who have donated? Why assume they did not know these were not official servers? This would have been a very good defence and this should have slowed Blizzard quite a lot. A judge cannot rule on assumptions. Burrying Blizzard’s lawyers in server logs and PayPal transactions could have lead to an understanding between the parties where Alyson Reeves had to return the profits and MAYBE go free.

Well, in the end, was it a mock trial? I don’t think so. I just think Alyson Reeves’ lawyers didn’t have the experience necessary to handle such a case and, of course, the system in its current form is faulty. Alyson Reeves has undoubtedly committed copyright infringement but, in the same time, $88 million is a ridiculous ammount, pretty much like the statutory damages concept. The system should adhere to the “reasonable royalty” concept, which tries to define what someone would have paid the copyright owner if a royalty system was available before the infringement.

The legal system should be used to restore the balance and put both parties in the initial situation, not give one party the chance for profit. Unfortunately, many legal systems today, including the US one, are geared towards profit, competition and marketing. If one serial killer gets 200 years in prison, the next one thinks something like “I can beat that, no problem!”. This way, the system generates competition and unwanted advertising. The system should never be used for such things. Give all serial killers prison for life (or death sentence if available) and that’s it, no more competition, hence lower criminal activity. All copyright owners who sue other parties should have the obligation to show how many times their rights were infringed or how many illegal copies were made and award them the right ammount of money for their losses. That’s just common sense.

Of course, Blizzard will never get those $88 million. What they get is what they intended to get in the first place, free advertisement. All the media picked up on this, but nobody judged Blizzard (or its parent company Activision) for it. They used the system to get free advertisement and to send a clear message to those who use their copyrighted content illegaly. I’m sorry, but IT’s WRONG. This is not what the legal system should be used for. If they actually tried to obtain some money from Scapegaming, then I would have believed their intentions were to shut down the servers and obtain damages, which would have been very well their right. Unfortunately, they used the system for other purposes, exposed in this article, and the system allowed them to do it. If this is not a faulty system, I don’t really know what is. Leave a comment below or discuss this in the forum (registration pending approval).

UPDATE: This is just one side of the coin. For the other side, check the comments below.

  • D_K_night

    So you’re defending Reeves for running private servers, allowing users to run pirated copied of WoW? Saying that Blizzard never lost anything in the first place? Sorry, I’m not on your side there.

    You *can’t* simply launch WoW, and somehow, WoW by accident connects to Reeves’ servers instead of the official ones by Blizzard. You have to modify the game files in order to do that.

    Blizzard’s TOS spells it out very clearly. You can’t be running a private server and not face the consequences of doing so.

  • Matt F

    Sometimes–maybe even most of the time–infringement slips by under the radar, and the perpetrators get away clean with their ill-gotten gains.

    If an infringing party knows going in that only their profits will be taken away if they get caught and fail to mount a successful defense, then they have little to lose except for the time invested in the effort. The worst outcome for them would be a wash.

    Imagine if it were possible for someone to go to Vegas and gamble the day away, KNOWING that the worst they could do would be to break even. For someone with the morals of a thief, the question is then: why WOULDN’T they?

    The aim of legal battles like this one is not merely to undo any damage done by the perpetrator, but also to strongly discourage others from attempting the same. In order for that to work the punishment must substantially exceed the profit gained/loss of the victim.

    It is for this reason that I must respectfully disagree with the author. I believe that the award to Blizzard is entirely justified, and that a clear message needed to be sent to others contemplating similar violations.

  • http://gamaganda.net h0stile

    I don’t defend Reeves. In fact, I clearly state that “Alyson Reeves has undoubtedly committed copyright infringement”. I’m just saying it’s a publicity stunt and the legal system should not be used for such activities.

    @Matt The very existence of the LAW discourages others from attempting the same. This is la raison d’etre of the law. In court, you usually cannot defend yourself by stating that you did not know the law. The punishment must never exceed the profit gained/loss of the victim because that in turn would be profit for the victim and again it’s not fair. As I’ve said, the judge must consider the initial positions of the parties and compensate the victim based on what actually happened and in this case, yes, I think the ammount to be awarded to Blizzard could have been calculated exactly. The fact that many other cases slip by under the radar has nothing to do with this particular case. You cannot punish someone with a worse punishment just because you did not catch other persons. Such a legal system would be a very big fail if it were in effect.

  • Matt F

    h0stile: Quite the contrary. For example, retailers are able under the law to recover multiple times (commonly up to three, though details vary by locality and the scale of the theft) the value of stolen merchandise taken by shoplifters.

    Unfair? Arguable I’m sure, but I don’t think so.

    And yet people still shoplift in droves. Many are repeat offenders. Plainly in such cases the law itself is no deterrent, and it could even be argued that the punishment is inadequate and should be made harsher.

    I should know. I’ve worked in Asset Protection and seen it all. People expect to get away most of the time, or at least often enough that the ratio of risk versus reward works out in their favor over the long run. Worse, they know (or at least think they know) the law perfectly well and resent it. They mock it. They defy it. I’ve received death threats merely for preventing people from stealing from my employer. How’s that for fair?

    This is the ugly reality of the situation: a certain segment of the population holds the law in contempt, requiring only a moment’s opportunity and the rationalization that they are entitled to take from others for their own selfish gain. Appeals to conscience are useless. The only thing that deters such people is the threat of overwhelmingly dire consequences.

  • http://gamaganda.net h0stile

    @Matt physical property and intellectual property laws are quite different in any country. you cannot put intellectual infringement and theft on the same level, even if they seem to be close.

    On the other hand, yes, dire consequences are a good way to enforce the law, but in time this creates a climate of fear and, as you can see, many still choose not to obey it. I think this problem must be approached from multiple angles. Education, I think, is more important than dire consequences. Progress and a higher living standard also help. It is a complex of economical and social factors that influence one’s behaviour and the society must try to educate the people through programmes and schools, while trying to improve their living standard.

    I also have to mention competition. Tougher measures and/or consequences will lead to a tougher opposition (see the fight against drug cartels in US/Mexico which is escalating). It is a very important step, yes, but without educating the people on the harmful effects of drugs, this will never stop. On the contrary, the phenomenon can grow. Each of these measures/consequences must be accompanied by social programmes, education and support for the people involved. Integrating them in the society, offering them the possibility of having a normal life (with a job and all the benefits of a social life) is the key to succesful eradication of such problems. That’s what I actually think, though I could be a little bit…naive.

  • Matt F

    h0stile: Don’t misunderstand me. I’m not equating physical and intellectual property any more than you’re equating copyright violations with the drug trade. I’m simply pointing out that the notion of a simple “reset” for the parties involved is inadequate. If the offender has nothing to lose beyond their illegitimate gain then there’s no deterrent. That notion applies whether the offense is physical or intellectual.

    You won’t get any argument from me about education or standards of living on general principle, but I would dispute that either are relevant to the correctness of the damages awarded to Blizzard.

    Simply put, people will be people. They go where there’s something to gain–money, power, pleasure. In the case of the drug cartels, there’s a LOT to be gained doing just what they’re doing. Enough to justify in their minds fighting, and killing and other horrible things. Improved education and living standards alone aren’t going to fix that. Someone will always want more and be willing to do what it takes to get it. Therefore it’s also necessary to make the prospect for such behavior a losing proposition.

    Obviously the system has seen abuses–the RIAA and MPAA have done some pretty underhanded legal maneuvering. But Blizzard has played this round straight up. They are the legitimately aggrieved party. They gave plenty of warnings, and Reeves had plenty of opportunities to back off before the hammer fell.

    She and her cohorts chose not to.

    Neither she nor her co-defendants ever responded to any filings. None availed themselves of any representation, offered any defense, or even bothered to appear for the trial.

    As demonstrated spectacularly here, ignoring legal proceedings doesn’t make them go away.

    The statutory damages awarded were equal to roughly $208 and change per registered Scapegaming user, or between 13 and 14 months of WoW subscription time. Rather modest, considering the length of time that Scapegaming remained in operation.

    Naturally Blizzard will never see all that money, but that doesn’t matter because they have achieved their goal–shut down the offenders and establish a clear precedent that this sort of thing will not be tolerated.

  • http://gamaganda.net h0stile

    Yes, I agree on many things, but one. Improved education and living standards do fix it. Just take a look at many countries in Europe. A high criminalty rate is usually coupled with social problems and they will never be solved by applying a tougher legal system. This will just piss off people. Instead, giving them real alternatives, is usually what solves the problem because it motivates people. There are countries which have succesfully made it work so you cannot say it’s impossible to achieve.

    There is more recent news about a guy who got 40 years of jail for a series of burglaries (at some Gamestop stores in the US). As a comparison, in my country he could have got between 3 to 10 years (if the victims are not hurt at all). He didn’t actually kill/hurt anyone so no need to destroy ALL his life for a series of stupid things he made when he was young. Well, I don’t know the details. Maybe he had prior convictions, but still, 40 years is almost his whole life. My point is, if the system balances all these things corectly, there is no need for dire consequences and no need to pay for an inmate for 40 years.

    And then there is the morality of Activision Blizzard. If they had intended to actually obtain the damages, I’d have been on their side. But they did not care. The proof? There were more than 400,000 people playing in that community. There are legit online games which don’t have such large communities. 400,000 is not something to neglect. Why not offer them the games for free, plus a month or two of free gameplay? If only half of those people continue to play on legal servers it means 3 mil USD per month, times 2 or 3 years, it’s between 72 and 108 mil USD or about the same money they were awarded ON PAPER by the court. I’m sorry, but I don’t know if sending a clear message and establishing a precedent is worth that much. My guess is they actioned blind-folded.

    On the other hand, they could have seen all these options but being such a big and rigid corporation they couldn’t/wouldn’t do anything about it. Again, I’m not sorry for them. Of course, I’m not sorry for Reeves. They got what they deserved. In the end, all I’m saying is that this case could have been handled a lot differently and the system definitely needs to be adjusted when it comes to intellectual property.

  • Matt F

    Debating the results of education and improved living standards is a bit beyond the scope of this discussion, so I’ll limit myself to saying that while I agree that both are essential, I continue to assert that they are only part of the picture. No country in the world has completely eliminated crime, and I’m fairly certain none ever will (except perhaps by devolving into anarchy).

    Back on topic, I’m not clear what your objection is. Blizzard didn’t make the rules. They operated entirely within them to obtain relief from an ongoing wrong against them. They got that relief by shutting down Scapegaming’s operation, which I think most would agree is the important part. What’s wrong with that?

  • http://gamaganda.net h0stile

    I wished Blizzard pursued the primary objectives established by this case: obtaining damages, making Alyson Reeves pay, transforming those 427,000 players in paying customers (or at least part of them) AND turning this case in a source of REVENUE for them, revenue they were intitled to. All of these objectives were achievable and Blizzard chose to ignore them and go for the highest damages possible, knowing they wouldn’t actually get anything, but hoping to establish a clear precedent. That’s important too, but those primary objectives are IN FACT what this case is all about, what this case should have sorted out IN THE FIRST place.

    On the other hand, the clear precedent is clear, but the results are not. The 88 million are only on paper and Alyson Reeves is never going to pay that ammount, the 427,000 players have probably moved on to another cracked server and the ones who are running other cracked servers are laughing their asses off, as they’re making more money. So, this begs the question: who won?

  • Matt F

    Oh, she’ll pay. The only reason Blizzard won’t recover the full amount of the damages is because Reeves is unlikely to bring in that much income within the remainder of her life. Doubtless she’ll have to declare bankruptcy, sell her house if she owns one, be required to make ongoing payments for the foreseeable future, and generally enjoy far less material wealth in her life than she otherwise would have. Odds are she won’t leave much of an estate behind, either, and she’ll be hounded by collectors until the end of eternity. Here, Blizzard wins.

    Scapegaming will cease to exist as a business entity (if it hasn’t already). Any assets it holds will almost certainly be liquidated to help pay. Not to mention the wealth of subscriber data Blizzard will now get to pore over. Here, Blizzard wins.

    As for those subscribers, if they really want to play, they’ll come back on their own. I’m not sold on rewarding participation in copyright violation with free subscription time. Amnesty is enough. Even if only a fraction of them come back to the legit service, Blizzard wins. For that matter, how do we know that Blizzard won’t (or hasn’t already, for that matter) quietly reach out to Scapegaming’s subscribers in some way? The judgement has only just been reached, and with a new expansion mere months away, time is on Blizzard’s side.

    Doubtless there are other pirate servers out there, but with a precedent now set and the hammer waiting to fall again, they’ll have to keep a low profile. That’s sort of at odds with having the kind of large subscriber base that Scapegaming boasted. And odds are that once discovered, shutting them down will now take nothing more than a threateningly worded Cease and Desist order. Once again, Blizzard wins.

    In every practical respect, Blizzard is coming out ahead. They’re getting everything they could reasonably expect to get. In my view, this is what the courts are for. The system worked as expected.

BenQ lanseaza proiectoarele cu tehnologie laser pe piata din Romania

Am fost azi la lansarea proiectoarelor cu tehnologie laser de la BenQ. Au avut apa minerala si pateuri. Dupa ce mi-am potolit setea (si la propriu si la figurat ca nu imi mai puteam lua ochii de la monstrul ala alb) a inceput prezentarea unde s-au laudat unii cat de tare e firma lor in Romania si in Europa pe piata monitoarelor si a proiectoarelor. Cu toate ca imi plac cifrele, trebuie sa recunosc ca nu prea s-au chinuit sa faca prezentarea un pic mai primitoare asa ca pana la partea in care au inceput sa ne spuna cate ceva despre caracteristicile noilor proiectoare am cam motait atent.

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Five reasons why Microsoft will not deliver a touch-based controller for the next Xbox

Rumors. I love them. Rumors fuel our imagination and give us something to talk about. This one is about the upcoming Xbox console from Microsoft or, well, not about the console itself, but its controller. They say that Microsoft is testing a tablet like controller, which is basically an HD screen surrounded by the traditional 360 buttons and sticks. I don’t think this is the case and here’s why.

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One more ACTA Fool

„Now them cops tryna throw you in them county blues BOY whatcha gon do? ACT A FOOL”  (Act A Fool lyrics by Ludacris)

Cu toate ca titlul ar putea sa va conduca la concluzia ca sunt un suporter al acestui acord, va marturisesc ca nu este asa. Voi incerca pe parcursul acestui articol sa fiu cat mai obiectiv cu putinta, iar asta pentru ca scopul meu principal este sa analizez textul in cauza si sa va ajut sa-l intelegeti mai bine.

Am sustinut ideea ca orice actual sau viitor protestatar anti-ACTA ar trebui, in primul rand, sa stie exact de ce protesteaza si impotriva cui. Nu te poti numi protestatar pana cand nu citesti textul macar o data. Poti sa citesti cate articole vrei si sa vezi sute de filmulete pe YouTube. Nimic nu va putea inlocui textul original. Din momentul in care ai luat hotararea sa iti exprimi opinia (sub o forma sau alta) pe marginea ACTA, trebuie sa citesti mai intai textul. In caz contrar, nu esti decat un papagal obosit care da din cioc pe Facebook ca ACTA e un rahat.

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Warner Bros., TT Games, and The LEGO Group Announce LEGO Batman 2: DC Super Heroes

The Highly-Anticipated Sequel to the Best-Selling LEGO Videogame of All Time Returns with Help from Super Heroes including Superman, Wonder Woman and Green Lantern

Jan. 5, 2012 – Batman is back to save Gotham City and the action will only build from here! Warner Bros. Interactive Entertainment, TT Games and The LEGO Group are teaming up once again to announce that LEGO®  Batman 2: DC Super Heroes will be available beginning Summer 2012 for the Xbox 360 video game and entertainment system from Microsoft, PlayStation 3 computer entertainment system, the Wii system, and Windows PC, as well as the Nintendo DS hand-held system, Nintendo 3DS hand-held system, and PlayStation Vita handheld entertainment system.  The game is the sequel to the best-selling LEGO  Batman: The Videogame, which to date has sold more than 11 million units worldwide.

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Microsoft Flight Takes to the Skies

Microsoft Studios reveals details on new PC game designed to bring flight to the masses

London – 05 January 2012 Today, Microsoft Studios premiered “Microsoft Flight,” a new PC game that lets players jump into the challenge, fun, and freedom of flight. “Microsoft Flight” will be available as a free download this spring, giving players the freedom to fly the skies over the beautiful Big Island of Hawaii, complete a variety of exciting missions, test their skills in flying challenges, or find hidden aero-caches on the island.

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Dynasty Warriors Next PS Vita Screens

DYNASTY WARRIORS NEXT, the brand new instalment built for the PS VITA, will allow players to use PS VITA’s breakthrough touch pad, rear touch pad and motion sensor for intuitive controls to fight their battles, as well as connect with others and enjoy an epic experience. Check details and screens after the break.

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Release Dates and Pricing Confirmed for Choplifter HD

Newport Beach, CA – January 4, 2012 – InXile Entertainment today confirmed release dates and pricing for Choplifter HD across the PlayStation® Network, Xbox Live® Arcade and PC.  Choplifter HD will be available for download next Tuesday, January 10 on the PlayStation Network and PC; and will be available just a few hours later on January 11 on the Xbox Live Arcade.  Priced at $14.99 or 1200 Microsoft points, Choplifter HD is developed by inXile Entertainment.  InXile will publish the PlayStation Network and PC versions and will co-publish the Xbox Live Arcade version with Konami Digital Entertainment, Inc.

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NERFD GAMES introduce a brand new iPhone game Chix vs Aliens

Chix vs Aliens is a very addictive game inspired by classic arcade games like Gals Panic and Qix, merged with manga and anime style. You must use swipe gestures to control a rotating tracer that can trap the aliens and collect special powers. Every time you trace lines and close a shape you reveal a part of the bacground image, reveal 80% or more of the total surface and you complete the stage.

Avoid the aliens and be carefull they don’t catch your lines while tracing, you can also trap the big aliens to obtain special powers like 2x speed, time reset extra lives and more. After completing a stage the player unlock the bacground image in the gallery. Like in the classic arcade games there is an high scores panel where you can put your name or challange other firends. Over time you’ll discover many advanced techniques to complete the difficuklt levels.

New levels and and more will be coming on next updates.

The game price is 0.99 $.

iTunes link: http://itunes.apple.com/app/chix-vs-aliens/id486821421

The French Have Arrived! The new line of vehicles rolls onto World of Tanks stage

London, UK, Paris, FR and San Francisco, CA (5th January, 2011) — Wargaming.net, the award-winning videogame publisher and developer, is proud to present the long-anticipated line of the French tanks available in the all-new Update 7.1 for its free-to-play action MMO World of Tanks.

French vehicles will invade World of Tanks in two steps, and their first line available as of today features light, medium, and heavy tanks. Just as their historical prototypes, the in-game machines will have unique features and modules, including automatic loading system and oscillating turrets that will enrich gameplay diversity and require different tactical approach from players.
“Our players already know how to play with the “big three” tank nations, but the French are all-different,” says Mike Zhivets, Lead Game Designer for World of Tanks. “You’ll have to reconsider the way you think tanks behave before they let you tame them. And that’s what we love them for!”
The second part of the French vehicles will appear later in 2012 and will include tank destroyers and SPGs.
Join World of Tanks:

Epic Games and ChAIR Entertainment Announce Earnings from Infinity Blade Franchise Exceed $30 Million

CARY, N.C. and SALT LAKE CITY (January 5, 2012) – Epic Games, Inc. and its award-winning Salt Lake City-based development studio, ChAIR Entertainment, today announced that earnings from ChAIR’s blockbuster Infinity Blade video game franchise have eclipsed $30 million in just one year since the introduction of the original game. One of the most popular gaming franchises to be launched on the App Store, the award-winning series has also created significant licensing interest in the underlying Unreal Engine 3 technology from developers worldwide. Details »

Square Off 1.5 Update for Windows Phone Released

PERTH, Western Australia – January 7 2012 – Gnomic Studios have just released a 1.5 update to both paid and FREE versions of the critically acclaimed Windows Phone 7 game Square Off.

“This update is like a late Christmas present to our existing users.” said Lead Developer Aranda Morrison. “Square Off and Square Off Free have had over 160,000 downloads on Windows Phone now, so it’s only right we repay those users who keep coming back for more.”

The full feature / update list includes:

- Choose any colour for your Square Avenger!
- Downloadable ring-tones and wallpapers (the free version has 1 of each, the paid version has 4 ring-tones and 3 wallpapers)
- Option to disable in-game vibration
- Messages from the Developers
- Stability and bug fixes

To celebrate this latest release, for a limited time Square Off will be on sale for only $1 US on the marketplace! The sale will last until the end of January 2012, so get in while you can!

The full game, priced at $1 US for a limited time can be found on the marketplace here: http://windowsphone.com/s?appid=3a3e5ed5-6570-e011-81d2-78e7d1fa76f8

The ad-supported FREE version can be found here: http://windowsphone.com/s?appid=6a8eef97-9b36-4caa-8d4b-bea5732406de

A Release Date and Price: Courtesy of Amy’s Enemies

It’s time to make an appointment with your prosecutors …

Champs-sur-Marne, France - Lexis Numérique announces AMY’s release on PlayStation Network and Xbox Live Arcade (XBLA in partnership with NAMCO BANDAI Partners).

Lexis Numérique, one of Europe’s biggest independent videogame studios, have also released images of some of the horrors that confront Lana and Amy during their journey.

The story takes place in December 2034. Global warming has taken effect, causing widespread disease and an upsurge in natural disasters around the globe. The small town of Silver City (Midwest, USA) is directly affected – mostly by a comet that has crashed into town. As Lana, one of Silver’s stricken citizens, regains consciousness – she witnesses the onset of a new kind of mayhem. Violent outbursts, fury, rage, wreckage and death: the world she knew seems to have gone to hell. More details after the break.

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Gotham City Impostors to Launch in February

Warner Bros. Interactive Entertainment and DC Entertainment confirmed that the launch of Gotham City Impostors has been moved to February.

Gotham City Impostors is a download only title that will be available in the Xbox LIVE Marketplace for the Xbox 360video game and entertainment system from Microsoft, PlayStation Network and Windows PC.  Fans can go to www.GothamCityImpostors.com for updates and news.

Gotham City Impostors is an original download-only first-person shooter where up to 12 players battle for control of an unhinged Gotham City overrun by Impostors inspired by the DC Comics characters Batman and The Joker. Gotham City Impostors is an online multiplayer game unlike any other, giving players the opportunity to engage in unconventional urban warfare as they personalize their own Impostors.  Gamers will create their very own version of the Bats or the Jokerz characters using unprecedented customization options including insane costumes, homemade gadgets and a wide range of traditional and inventive weapons.  The game will feature maps and modes inspired by DC Comics’ Batman license.

EA and BioWare Unveil Mass Effect 3 In-game Pre-order Gear

Gear up and take Earth back in the Action RPG, Mass Effect™ 3! On March 6, Earth is ground zero in a battle to save the galaxy, and EA and BioWare are giving gamers an opportunity to arm themselves with cutting edge weapons and armor to prepare for the upcoming war.

Starting today, with each pre-order purchase of Mass Effect 3 at participating retailers, fans will receive the M55 Argus Assault Rifle*. Deadly at any range, the Argus boasts quick burst-fire to ensure ammo conservation and maximum accuracy on the battlefield. Details and screens after the break.

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Prototype 2 – Official Blackwatch Communication and Key Assets

Alex Mercer

Alex Mercer was a brilliant scientist who worked for Gentek (the scientific arm of Blackwatch) prior to the initial Blacklight viral outbreak in NYC.  He worked directly on the Blacklight virus, increasing its deadliness by 1000%.  When news-leaks threatened the security of their work, Blackwatch closed the Blacklight project and ordered the entire staff killed.  Mercer stole a sample of the virus and escaped but was later cornered at Penn Station in NYC.  Rather than surrender, Mercer smashed the vial releasing the Blacklight virus.  The Blackwatch soldiers gunned him down and he was pronounced dead.

However, Mercer’s body was infected with the stolen Blacklight virus and was soon reanimated, albeit with complete amnesia.  The virus granted him super human abilities.  He worked to discover his past and later saved the city by defeating Elizabeth Green and foiling Blackwatch’s attempt to nuke the city and its citizens.  Afterwards, Mercer left NYC and observed humanity, pondering his own status amongst them.

Alex Mercer is an anti-hero both in deed and personality.  Mercer’s motivations and plans are utterly personal, and rarely take any human cost into account.  Even throughout the initial outbreak event, Mercer killed and consumed innocent people without remorse.  His attitude is grim and impatient.  He’s never shown any significant affection for anyone except: his sister, Dana; and his one-time girlfriend, Karen Parker (whom he later killed for betraying him to Blackwatch).

In short, Alex Mercer does not make friends easily and his goals for both Sgt. James Heller and the human race remain shrouded in mystery.

Key assets after the break.

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