Games Toaster

Manhunt 2 banned in Ireland

Manhunt 2 has come under a prohibition order by the Irish Film Censor's Office, effectively  banning the sale of the game in Ireland. The moves follows a ban by the British Board of Film Classification.

Small Claims Court rules against Smyth’s in case of broken down “PlayStation”

Judgement, and Director of Consumer Affairs opinion, goes against what consumers are often faced with when complaining to many shops about broken down consoles.

In the print edition of last week’s regional newspaper, the ‘Western People’, it  was reported that Margaret Noonan, of Cloondroon, Milltown, Tuam, original bought a new “PlayStation” console from ‘Smyth’s’ at the price of 199 euro in December 2002, but after it broke down in June 2003 she brought it back to the store where she was given a “re-conditioned PlayStation”. “Ms Noonan was told this was a PlayStation which was as good as new”, reads the Western, however this “re-conditioned” console subsequently broken down in February of this year.

At this point, when she returned the console to Smyth’s, she was told that the warranty only covered it for three months, and that it would cost her 87 euro for second ‘re-conditioned’ console, or 169 euro for a new console.

The claimant then contacted the Office of the Director of Consumer Affairs (ODCA), and in the newspaper's own words, she was told, “that when she returned to the shop in June 2003, it was not a question of warranty but the Sale of Goods Act and she should have received a replacement or a refund”.

Judge Geoffrey Browne ordered that Ms Noonan get a full refund of 199 euro, Smyth’s were not represented in court.

“The aim of the Small Claims Court procedure” says the Irish Government’s information website www.oasis.gov.ie “is to provide an inexpensive, fast, and easy way for consumers to resolve disputes without the need to employ a solicitor. The Small Claims service is provided in your local District Court office”. [Further reading: Small Claims Court explained]. Contact details for the ODCA can be found here.

[NOTE: In December of 2002, the PlayStation 2, not the original PlayStation, was priced at 199 euro. However, as we can only re-report what the Western People have published about the case, we have confined naming the console to quoting the newspaper.]

Xbox 360: Streaming music over Live may breach laws

At E3 last week Games Toaster was shown an Xbox Live demonstration which showed the planned function of allowing users to stream their music over Live to other players while playing multiplayer games.

The streamed music could come directly from the senders digital music player or PC, it would be heard by other 360 Live players, but would not be saved on the receiver’s consoles. At the demo Games Toaster was assured this would not breach any copyright or broadcast law, because the music would not be saved.

However, when we contacted the Irish Music Rights Organisation (IMRO), while stressing his comments were not a legal opinion, Brendan Griffin Director of Finance & Broadcast Licensing at the IRMO told us "My initial reaction is yes", and unlike Microsoft stance at E3 saying it just like playing music to your friends, the IRMO added “playing music over the net between individuals is a public performance of the work and usage would have to be licensed. It would not be like playing music in your home”.

Not so good vibrations for Sony

In the United States, Sony may be forced to stop selling its PlayStation consoles and 47 games set for release, and pay $90 million in damages to Immersion Corp for using their patented technology. The patent covers console controller vibrating technology that rumbles in line with in-game action.

The order by a California federal court will only come into effect if an appeal – which Sony intends to take – fails.

In July of 2003, Microsoft settled for out-of-court with Immersion, paying 26m to license Immersion's technology, and obtaining 10 percent of the company. This left Immersion’s original 2002 patent-infringement lawsuit only effecting Sony’s PlayStation 2, and PlayStation/PSOne.