I would estimate that in Europe alone, easily over 2 million R4 cards have been sold. If you are trying to pretend that there are that many 'developers/home brewers' then you are wrong.
To pretend there are that many pirates is also wrong.
Additionally, I am not saying that all those people are developers, but I am saying a large number of those people use these to put MP3 players, ebook readers, video, and a number of other useful and legal tools to their DS.
The phrase 'Energy Armor' is not the emphasis of the log though. The emphasis is the initials 'EA' as it is the largest part.
While yes, there are differentiating marks to the logos, as you point out, they are similar enough that when confronted with a bunch of Electronic Arts merchandise and some Energy Armor merchandise next to it, a customer could be confused.
Now an informed customer, one who takes the time to research their purchase, would not be confused. However, we are talking about a large scale of customers. How many of them take the time to carefully study the product they are looking to buy, especially with wrist bands?
Electronic Arts does more than make sports themed video games, they have a whole line of merchandise that ties into their EA Sports line of games. They also do a lot of promotional work with major league sports teams as well as athletic equipment.
So Yes, I can see someone catching a glance of these wrist bands at the mall and thinking they are Electronic Arts sponsored wrist bands.
Considering that was not the point of my article, I did not see the need to evaluate the claim within the article.
My point is that Nintendo, once again, is being sued over a technology they independently developed prior to the filing of the patent, over which they are being sued.
On top of that, the company who is doing the suing has not product on the market. Add on to that, the market it is targeting is not even remotely the same as the Wii Remote.
The Upoint is being marketed for computerized presentations. The Wii Remote is being marketed as a controller for video games. There is no direct competition here.
If you want an analysis of the claim, sure by all means go for it. I won't stop you.
Re: Re: "We don't condone it..." and NOT making money from piracy.
DRM saves nothing. Games with DRM have it cracked and removed no later than days after release. Often the DRM is cracked and removed PRIOR to the game's release.
As for the "mock debate" It was constructed using comments made by two execs in the industry. I made no edits to their comments nor did I post them out of order. I merely posted different comments made by each individual in alternating order as if in a debate.
It was not my doing that both unrelated articles speaking to two individuals fit together so nicely.
Then the Libertarian Party is the right one. They take the good from both parties, fiscally conservative, socially liberal, and ditch the dross.
They have been on the presidential ballot in most all states for the last few decades and people ignore them because the two party system is able to convince the public that a vote for a third party is a vote in favor of the "other guy"
There are several brands of MP3 player that have an FM tuner from which it can record. You won't find the feature in an iPod or such, but they are out there.
Mike doesn't want record labels to die in a fire. He wants them to get with the times, start using technology rather than fight it. Start supporting artists rather than milk them. To do what they do best (marketing) in the modern world in ways the consumer of music wants them to.
That is why he is praising that label, because they are understanding how to use a service like Spotify rather than try to kill it.
Perhaps you could provide a profile of yourself and why you feel qualified to question my qualifications to question Microsoft and their licensing and enforcement.
E. Zachary Knight (profile), 21 Sep 2011 @ 11:49am
Re:
Over the last 3 years or so, I have read contest rules for numerous video game contest. In all those rules, every one of them had a paragraph similar to the first one quoted by Mike above. It is standard permission to use the entries for promotion of the contest and future contests.
However, out of everyone one of those contests, I have never read anything like the second quoted paragraph. Never once have I read anything that states that you transfer all rights to the work upon winning the contest. That is absurd.
By winning this contest, a future film maker would not be able to use this film as part of an online portfolio. They wouldn't be able to put the film on Youtube or their own site. They wouldn't be able to use it at all.
You think that is fair? I think my rights are worth far more than $500.
E. Zachary Knight (profile), 21 Sep 2011 @ 11:21am
The first quoted paragraph is pretty standard for contest entries. They want to be able to use all or parts of your work in promoting the contest and future contests.
On the post: Nintendo Thrilled To Have Game Copy Devices Found Illegal In France
Re: R4 Cards
To pretend there are that many pirates is also wrong.
Additionally, I am not saying that all those people are developers, but I am saying a large number of those people use these to put MP3 players, ebook readers, video, and a number of other useful and legal tools to their DS.
On the post: EA Sues EA Over The EA Trademark
Re: Hey, I resemble that remark!
On the post: EA Sues EA Over The EA Trademark
Re: Re: Re: Nope
While yes, there are differentiating marks to the logos, as you point out, they are similar enough that when confronted with a bunch of Electronic Arts merchandise and some Energy Armor merchandise next to it, a customer could be confused.
Now an informed customer, one who takes the time to research their purchase, would not be confused. However, we are talking about a large scale of customers. How many of them take the time to carefully study the product they are looking to buy, especially with wrist bands?
On the post: EA Sues EA Over The EA Trademark
Re: Re: Re: Re: Re: Re:
I can certainly vouch for that. There are times when you make absolutely no 'sense'
On the post: EA Sues EA Over The EA Trademark
Re: Nope
So Yes, I can see someone catching a glance of these wrist bands at the mall and thinking they are Electronic Arts sponsored wrist bands.
On the post: Monster Cable Claims EBay, Craigslist, Costco & Sears Are 'Rogue Sites'
Re: Re: Re: Re:
Of course, I am still waiting for any of you ACs to actually bring up a relevant point about why the concerns Mike has raised are not valid.
On the post: The Story Behind This American Life's 'When Patents Attack'
Re:
On the post: Amanda Knox Is Guilty... Of Making Newspapers Jump The Gun On Guilty Headlines
Re: Re: Re:
On the post: Facebook Sued For Patent Infringement For Online Photo Albums
So no analysis of the claim, just some innuendo and FUD. Good job, Pirate Mike! Keep givin' us surface and no depth. Good on ya! Go pirates!
On the post: No Rest For The Productive And Successful; Nintendo Sued Again Over The Wii Remote
Re:
My point is that Nintendo, once again, is being sued over a technology they independently developed prior to the filing of the patent, over which they are being sued.
On top of that, the company who is doing the suing has not product on the market. Add on to that, the market it is targeting is not even remotely the same as the Wii Remote.
The Upoint is being marketed for computerized presentations. The Wii Remote is being marketed as a controller for video games. There is no direct competition here.
If you want an analysis of the claim, sure by all means go for it. I won't stop you.
On the post: Gaming Company Sees Massive User & Revenue Growth Because Of Piracy
Re: Re: "We don't condone it..." and NOT making money from piracy.
As for the "mock debate" It was constructed using comments made by two execs in the industry. I made no edits to their comments nor did I post them out of order. I merely posted different comments made by each individual in alternating order as if in a debate.
It was not my doing that both unrelated articles speaking to two individuals fit together so nicely.
On the post: Gaming Company Sees Massive User & Revenue Growth Because Of Piracy
Re: Re: Re: "We don't condone it..." and NOT making money from piracy.
On the post: University Police & Administration Freak Out Over Nathan Fillion Firefly Poster; Censor, Threaten Professor
Re: Re: Protect your right to say it
Some people just don't understand the implications of censoring their protests.
On the post: US, EU, Canada, Japan, Australia & Others To Sign ACTA This Weekend, Despite Legal Concerns
Re: Re: Re:
They have been on the presidential ballot in most all states for the last few decades and people ignore them because the two party system is able to convince the public that a vote for a third party is a vote in favor of the "other guy"
On the post: Labels Dropping Out Of Spotify Are Totally Missing The Point
Re: Re:
On the post: Labels Dropping Out Of Spotify Are Totally Missing The Point
Re: re: Newfangled radio thing
On the post: Labels Dropping Out Of Spotify Are Totally Missing The Point
Re:
That is why he is praising that label, because they are understanding how to use a service like Spotify rather than try to kill it.
On the post: Microsoft Convinces Yet Another Company to Cough Up 'Protection' Money
Re:
On the post: NYC/NBCUniversal Pro-Copyright Propaganda Contest For School Kids: Facts Not Allowed And Your Rights Don't Count
Re:
However, out of everyone one of those contests, I have never read anything like the second quoted paragraph. Never once have I read anything that states that you transfer all rights to the work upon winning the contest. That is absurd.
By winning this contest, a future film maker would not be able to use this film as part of an online portfolio. They wouldn't be able to put the film on Youtube or their own site. They wouldn't be able to use it at all.
You think that is fair? I think my rights are worth far more than $500.
On the post: NYC/NBCUniversal Pro-Copyright Propaganda Contest For School Kids: Facts Not Allowed And Your Rights Don't Count
The second quoted paragraph is an abomination.
I hope this contest fails and fails hard.
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