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NBA 2K Tattoo Lawsuit Rules In Favor Of Developers

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When NBA 2K16 depicted the tattoos of LeBron James, Kenyon Martin, and Eric Bledsoe on its in-game models, it led to a lawsuit from the original tattoo artists. Tattoo company Solid Oak Sketches filed a lawsuit against Take-Two Interactive and Visual Concepts, claiming the companies didn’t license the tattoo designs owned by Solid Oak.

A federal judge has now ruled in favor of the developers, saying that the tattoos make such a minor appearance in the game that copyright can’t be claimed, and that an implied license was granted via the players, according to the Hollywood Reporter.

After a judge refused to dismiss the case initially, James himself testified. “My understanding is that [my] tattoos are a part of my body and my likeness, and I have the right to have my tattoos visible when people or companies depict what I look like. I always thought that I had the right to license what I look like to other people for various merchandise, television appearances, and other types of creative works, like video games,” James said, as reported by the Hollywood Reporter.

U.S. District Court Judge Laura Taylor Swain has agreed with this statement, writing “the undisputed factual record clearly supports the reasonable inference that the tattooists necessarily granted the Players nonexclusive licenses to use the tattoos as part of their likenesses, and did so prior to any grant of rights in the tattoos to Plaintiff.”

Also taken into account is the degree to which the tattoo designs appear in the game. “The tattoos only appear on the players upon whom they are inked, which is just three out of over 400 available players,” Judge Swain wrote. “The undisputed factual record shows that average game play is unlikely to include the players with the Tattoos and that, even when such players are included, the display of the tattoos is small and indistinct, appearing as rapidly moving visual features of rapidly moving figures in groups of player figures. Furthermore, the tattoos are not featured on any of the game’s marketing materials.”

Ultimately the ruling has declared this use of the tattoo designs to constitute fair use as a transformative work. “Here, the undisputed evidence demonstrates that Defendants’ use of the tattoos is transformative,” Swain wrote. “First, while NBA 2K features exact copies of the tattoo designs, its purpose in displaying the tattoos is entirely different from the purpose for which the tattoos were originally created. The tattoos were originally created as a means for the Players to express themselves through body art. Defendants reproduced the tattoos in the video game in order to most accurately depict the Players, and the particulars of the tattoos are not observable.”

This ruling will have an impact on other cases of the same kind–such as a lawsuit also involving Take-Two Interactive and Visual Concepts regarding the depiction of tattoos in WWE 2K16, 2K17, and 2K18. While a judge refused to dismiss this case on March 18, the NBA 2K16 ruling now provides a strong precedent for the defendants.

NBA games have continued to depict the tattoos in contention in installments since NBA 2K16, and NBA 2K18 even offered players the ability to give custom characters their own tattoos.

Now Playing: NBA 2K20 – “When The Lights Are Brightest” MyCareer Cinematic Trailer

GameSpot may get a commission from retail offers.

Source: https://www.gamespot.com/articles/nba-2k-tattoo-lawsuit-rules-in-favor-of-developers/1100-6475360/

Automotive

Daniel Abt fired from Audi’s Formula E team for using pro sim driver in virtual race

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Audi fired Daniel Abt from its Formula E racing team after learning he had a professional sim driver race for him during a virtual competition called the “Race at Home Challenge” held over the weekend.

The automaker said in a statement via Formula E that Abt had been suspended from Audi Sport “with immediate effect.” However, it appears the consequences are more serious and final. Abt said in a video message published Tuesday on YouTube that Audi had dropped him from the team.

“Today I was informed in a conversation with Audi that our ways will split from now on,” Abt said, according to a translation of the video message. “We won’t be racing together in Formula E anymore and the cooperation has ended. It is a pain which I have never felt in this way in my life.”

The 14-minute video was meant to explain the incident that occurred May 23 during the virtual competition, Abt said. He claims that it was all meant as a joke, which he intended to publicize after the race.

Abt tapped 18-year-old pro sim driver Lorenz Hoerzing to take his spot in the fifth round of Formula E’s online sim racing series. Unlike the real Formula E race series, this was meant to entertain fans and raise funds for UNICEF.

Hoerzing came in third in the race. Questions were raised almost immediately following the virtual event when Abt didn’t appear on the post-race interview.

Abt explained, via translation of the video, the plan.

“We had a conversation and the idea came up that it would be a funny move if a sim racer basically drove for me, to show the other, real drivers, what he is capable of and use the chance to drive against them,” Abt said. “We wanted to document it and create a funny story for the fans with it.”

Abt later added that it was never his intention to “get a result and keep quiet about it later on just to make me look better.”

Abt has also been fined €10,000, which will be sent to the charity.

You can watch the entire statement here.

Source: https://techcrunch.com/2020/05/26/daniel-abt-fired-from-audis-formula-e-team-for-using-pro-sim-driver-in-virtual-race/

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Automotive

Daniel Abt fired from Audi’s Formula E team for using pro sim driver in virtual race

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on

Audi fired Daniel Abt from its Formula E racing team after learning he had a professional sim driver race for him during a virtual competition called the “Race at Home Challenge” held over the weekend.

The automaker said in a statement via Formula E that Abt had been suspended from Audi Sport “with immediate effect.” However, it appears the consequences are more serious and final. Abt said in a video message published Tuesday on YouTube that Audi had dropped him from the team.

“Today I was informed in a conversation with Audi that our ways will split from now on,” Abt said, according to a translation of the video message. “We won’t be racing together in Formula E anymore and the cooperation has ended. It is a pain which I have never felt in this way in my life.”

The 14-minute video was meant to explain the incident that occurred May 23 during the virtual competition, Abt said. He claims that it was all meant as a joke, which he intended to publicize after the race.

Abt tapped 18-year-old pro sim driver Lorenz Hoerzing to take his spot in the fifth round of Formula E’s online sim racing series. Unlike the real Formula E race series, this was meant to entertain fans and raise funds for UNICEF.

Hoerzing came in third in the race. Questions were raised almost immediately following the virtual event when Abt didn’t appear on the post-race interview.

Abt explained, via translation of the video, the plan.

“We had a conversation and the idea came up that it would be a funny move if a sim racer basically drove for me, to show the other, real drivers, what he is capable of and use the chance to drive against them,” Abt said. “We wanted to document it and create a funny story for the fans with it.”

Abt later added that it was never his intention to “get a result and keep quiet about it later on just to make me look better.”

Abt has also been fined €10,000, which will be sent to the charity.

You can watch the entire statement here.

Source: https://techcrunch.com/2020/05/26/daniel-abt-fired-from-audis-formula-e-team-for-using-pro-sim-driver-in-virtual-race/

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Gaming

SwitchArcade Round-Up: ‘Fury Unleashed’ Review, Mini-Views Featuring ‘Arrest of a Stone Buddha’, the Latest Releases and Sales, and More

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Hello gentle readers, and welcome to the SwitchArcade Round-Up for May 26th, 2020. In today’s article, we’ve got a little slice of news, a full review of Fury Unleashed, Mini-Views of Arrest of a Stone Buddha and Ion Fury, a look at new release Minecraft Dungeons, and all the sales information you crave. Yes, we’re making the most of what is for the most part a pretty quiet day. Let’s get into it!

News

The ‘Blaster Master Zero’ Games Go Physical with Limited Run

After decades of follow-ups of dubious value, Blaster Master finally got some new games that live up to the standards of the original. Both of those came courtesy of the good folks at Inti Creates, with the first doing a loose re-telling of the original game’s adventure and the second going into new territory. Both games will get physical versions from Limited Run Games, with orders starting this Friday. You can get the games in separate standard editions, somewhat more special separate special editions, or a huge collector’s edition that packs in both games and a whole lot of stuff for your fanciest gaming shelves. Whichever one you choose, you’ll have to order through Limited Run’s site. I suspect that collector’s pack is going to go fast, but the regular versions should be obtainable by everyone who wants them.

Reviews

Fury Unleashed ($19.99)

Fury Unleashed sits at the intersection of run-and-gun and roguelite. It’s not the first game to take a well-established genre and smash it against the popular roguelite frame, and I don’t think it’s even the first to choose the run-and-gun as its well-established genre, but it’s a very good one. Its action-game chops are well-done if not spectacular, and the way it weaves those into what is getting to be a very familiar meta-structure produces something that should be agreeable to people who have enjoyed titles like Rogue Legacy or Dead Cells.

Dressing the whole affair in a comic book motif, Fury Unleashed sends you and perhaps a friend into panel-by-panel action scenes where your goal is to reach the end of each page and eventually the end of the book itself. Most of the panels are rooms filled with some light platforming bits and a handful of enemies, but some of them have special challenges for you to complete in exchange for some rewards. You’ll also find portals that offer up new weapons or items to help you on the way. You’ll probably succumb to the enemies or traps sooner or later, after which you can spend some of the spoils you’ve earned in order to buy permanent upgrades for your hero.

You have several actions available to you. Primarily, you’ll be running and jumping around, using the second stick to fire your equipped gun or guns in any direction. You also have a dash move that you can use but not abuse thanks to a bit of cooldown. You can make use of a melee weapon for close encounter killing, and a special move can be pulled out in a pinch. Naturally, you’ve also got a limited supply of grenades and/or grenade-like objects you can toss. You can also pull up a map and swap weapons without even diving into a menu.

It all feels good to play, and it’s as much fun solo as it is with a friend. It feels a little too familiar in places, but I suppose it’s a good kind of familiar. It’s heavily contingent on you not being tired of the rinse-and-repeat meta-grind that modern roguelites love so much, but I’d imagine those that are sick of such things probably aren’t investigating the quality of a new game in said genre. Sure, some of them have a new idea or totally new angle that might pull in the interest of the disinterested, but that isn’t Fury Unleashed. And that’s fine. I don’t need the chef to bring me something new every time if the regular dishes are made well.

SwitchArcade Score: 4/5

Mini-Views

Ion Fury ($24.99)

I can appreciate a game that knows exactly what it wants to be, and Ion Fury is nothing if not that. This is a pure homage to 1990s pre-3D first-person shooters, right down to its use of the Build Engine. To that extent, it does its job. You even have to remember to save frequently, as the game’s auto-save checkpoints are quite far apart from each other and death comes swiftly. I feel like the level designs are a bit too meandering to truly match the thrills of those classics, but in terms of speed, action, and feel Ion Fury delivers. Regrettable then that this Switch port struggles as much as it does. Inconsistent framerates that sometimes drop dramatically, awkward default controls that can’t be fully changed, and other technical issues mean that this isn’t as great an experience as it could be regardless of how you feel about its aims and content.

SwitchArcade Score: 3/5

Arrest of a Stone Buddha ($14.99)

This is one of those games that feels weird to slap a score onto. There are two sides to Arrest of a Stone Buddha, though they’re built to complement each other. When it’s time for your hitman to do his job, you’ll be going through ridiculously over-the-top shooting segments. You slowly trudge across various settings, racking up a body count that would make Rambo blush, emptying the ammunition from your weapons into a seemingly endless crowd of armed assailants and pulling the guns from their hands to keep the shots coming. Between jobs, you’ll spend days doing utterly mundane things most of us can relate to, and having conversations and thoughts that few of us can. It’s not really going anywhere obvious with its story, but there’s plenty to reflect on here for those who like that. The weird push-pull of noisy action and quiet, almost mind-numbing normality gives the game a distinct flavor, but it’s one that is only going to appeal to a particular niche.

SwitchArcade Score: 3.5/5

New Releases

Minecraft Dungeons ($19.99)

SwitchArcade Highlight!

It feels like we’ve been hearing about this game for a while now, and hey, here it is. Much like other Minecraft spin-offs, this game transposes the style and aesthetics of Minecraft from an open-world sandbox crafting game to another genre with almost entirely different mechanics. In this case, it’s the Diablo-style dungeon crawler. Up to four players can join in, and online play is supported. With a brand as huge as this one, you may expect something special here. Surprisingly, it’s a fairly rote (but polished) take on the concept. It’s no Diablo 3, but if you like Minecraft enough that you enjoy references to its world even when removed from the context of its paradigm-shattering gameplay, you’ll probably get a kick out of this game. It’s also a good dungeon crawler for those new to the genre. Veterans or those without any particular attachment to the brand aren’t likely to find many thrills here, however.

Sales

(North American eShop, US Prices)

Not a huge list of new sales today, but what’s here is noteworthy in some regards. First of all, Horizon Chase Turbo. Six dollars? Wow, if you don’t crunch that one down I don’t know what to say. 2K is having a little sale, likely because it’s dropping something like seven games on the Switch this week. The high-quality Rise: Race the Future has a solid update incoming and is having a sale that may be in commemoration of that. There’s also a lot of stuff in the outbox, though it’s all games that are very frequently discounted so you probably don’t need to worry too much about it.

Select New Games on Sale

Horizon Chase Turbo ($5.99 from $19.99 until 6/5)
L.A. Noire ($24.99 from $49.99 until 6/1)
Sid Meier’s Civilization VI ($29.99 from $59.99 until 6/1)
WWE 2K18 ($19.79 from $59.99 until 6/1)
NBA 2K20 ($19.79 from $59.99 until 6/1)
NBA 2K Playgrounds 2 ($7.49 from $29.99 until 5/31)
Carnival Games ($9.99 from $39.99 until 6/1)
Stela ($9.99 from $19.99 until 6/1)
Super Daryl Deluxe ($4.99 from $19.99 until 6/1)
Werewolf Pinball ($0.98 from $2.99 until 6/14)
Mummy Pinball ($0.98 from $2.99 until 6/14)
Halloween Pinball ($0.98 from $2.99 until 6/14)
Pirates Pinball ($0.98 from $2.99 until 6/14)
Candle: Power of the Flame ($4.99 from $19.99 until 6/7)
Crimson Keep ($3.99 from $19.99 until 6/7)


HoPiKo ($1.99 from $9.99 until 6/7)
Mainlining ($4.49 from $14.99 until 6/7)
Stranded Sails ($14.99 from $24.99 until 6/7)
Rise: Race the Future ($12.36 from $16.49 until 6/11)
Solitaire Deluxe Bundle – 3 in 1 ($4.49 from $14.99 until 6/15)
Knight Squad ($13.49 from $14.99 until 6/12)
Queen’s Quest 2 ($1.49 from $14.99 until 6/15)
Nirvana Pilot Yume ($3.99 from $4.99 until 6/15)
Brief Battles ($9.74 from $14.99 until 6/2)
Croc’s World 3 ($1.49 from $4.99 until 6/16)

Sales Ending Tomorrow, Wednesday, May 27th

A Case of Distrust ($2.99 from $14.99 until 5/27)
Agony ($1.99 from $19.99 until 5/27)
Akane ($0.99 from $4.99 until 5/27)
Akuto: Showdown ($3.99 from $7.99 until 5/27)
Bad Dream: Coma ($0.99 from $9.99 until 5/27)
Bad Dream: Fever ($0.99 from $9.99 until 5/27)
Bedtimes Blues ($0.99 from $9.99 until 5/27)
Biolab Wars ($0.49 from $1.99 until 5/27)
Blazing Beaks ($1.99 from $14.99 until 5/27)
Brawl ($0.99 from $9.99 until 5/27)
Castle of No Escape 2 ($3.99 from $7.99 until 5/27)
Chop ($4.99 from $9.99 untill 5/27)
Clock Simulator ($0.39 from $3.99 until 5/27)
Coffee Crisis ($1.99 from $9.99 until 5/27)
Cooking Simulator ($17.99 from $19.99 until 5/27)


Cube Creator X ($7.99 from $19.99 until 5/27)
Dark Veer ($0.49 from $4.99 until 5/27)
Diggerman ($0.49 from $4.99 until 5/27)
Dungeons & Aliens ($0.39 from $3.99 until 5/27)
Escape Doodland ($0.99 from $9.99 until 5/27)
Estiman ($0.19 from $1.99 until 5/27)
Fishing Universe Simulator ($0.99 from $9.99 until 5/27)
Fly O’Clock ($0.19 from $1.99 until 5/27)
Frederic ($0.59 from $5.99 until 5/27)
Frederic 2 ($0.49 from $4.99 until 5/27)
Get Me Outta Here ($2.49 from $4.99 until 5/27)
Glaive: Brick Breaker ($0.99 from $9.99 until 5/27)
Goblin Sword ($2.99 from $4.99 until 5/27)
Goetia ($0.99 from $9.99 until 5/27)
Grab Lab ($0.49 from $4.99 until 5/27)


Grave Keeper ($0.99 from $9.99 until5/27)
Gunpowder on the Teeth: Arcade ($0.49 from $4.99 until 5/27)
Gurgamoth ($0.49 from $9.99 until 5/27)
Hard West ($1.99 from $19.99 until 5/27)
Hero Express ($1.24 from $4.99 until 5/27)
Hollow ($1.99 from $19.99 until 5/27)
Hyperide ($0.19 from $1.99 until 5/27)
Hyperide: Vector Raid ($0.19 from $1.99 until 5/27)
IHUGU ($0.39 from $3.99 until 5/27)
Koloro ($0.99 from $9.99 until 5/27)
Lifeless Planet: Premiere ($3.99 from $19.99 until 5/27)
Lost Orbit: Terminal Velocity ($2.99 from $9.99 until 5/27)
Mana Spark ($0.99 from $9.99 until 5/27)
Merchants of Kaiden ($0.99 from $9.99 until 5/27)
Millie ($0.49 from $4.99 until 5/27)
Mini Trains ($0.99 from $5.99 until 5/27)


Monster Hunter Generations Ultimate ($19.99 from $49.99 until 5/27)
Mr Blaster ($0.19 from $1.99 until 5/27)
My Brother Rabbit ($1.49 from $14.99 until 5/27)
Nice Slice ($0.49 from $1.99 until 5/27)
No Thing ($0.19 from $1.99 until 5/27)
NoReload Heroes ($0.99 from $9.99 until 5/27)
Not Not – A Brain Buster ($0.99 from $1.99 until 5/27)
Omen Exitio: Plague ($0.99 from $9.99 until 5/27)
OmoTomO ($4.99 from $9.99 until 5/27)
One Strike ($2.49 from $4.99 until 5/27)
Party Treats ($0.99 from $1.99 until 5/27)
Persian Nights: Sands of Wonders ($1.49 from $14.99 until 5/27)
Phantaruk ($0.49 from $4.99 until 5/27)
Phantom Doctrine ($1.99 from $19.99 until 5/27)
Pinstripe ($2.99 from $14.99 until 5/27)


Poly Puzzle ($3.34 from $4.99 until 5/27)
Puzzle Book ($0.99 from $3.99 until 5/27)
Q-YO Blaster ($0.99 from $9.99 until 5/27)
Qbik ($0.49 from $4.99 until 5/27)
Realpolitiks ($2.49 from $24.99 until 5/27)
REKT! High Octane Stunts ($0.99 from $5.99 until 5/27)
Rimelands: Hammer of Thor ($0.99 from $9.99 until 5/27)
Risky Rescue ($0.49 from $4.99 until 5/27)
Roll’d ($0.49 from $1.99 until 5/27)
Shipped ($0.99 from $5.99 until 5/27)
Shut Eye ($0.39 from $3.99 until 5/27)
Sinless ($4.99 from $9.99 until 5/27)
Slayin 2 ($7.79 from $11.99 until 5/27)
Space Pioneer ($1.99 from $9.99 until 5/27)
Sparkle 2 EVO ($0.49 from $4.99 until 5/27)


Sparkle 3 Genesis ($0.49 from $4.99 until 5/27)
Sparkle 4 Tales ($4.99 from $9.99 until 5/27)
Sparkle Zero ($0.49 from $4.99 until 5/27)
Star Story: The Horizon Escape ($0.99 from $9.99 until 5/27)
Startide ($0.99 from $9.99 until 5/27)
Super Hero Fight Club ($0.99 from $9.99 until 5/27)
Surfingers ($0.49 from $4.99 until 5/27)
Tap Skaters ($0.49 from $4.99 until 5/27)
Teddy the Wanderer: Kayaking ($0.99 from $9.99 until 5/27)
Teddy the Wanderer: Mountain Hike ($0.99 from $9.99 until 5/27)
Tennis Open 2020 ($6.69 from $9.99 until 5/27)
Terrorhythm ($0.99 from $9.99 until 5/27)
The Childs Sight ($0.49 from $4.99 until 5/27)
The Mahjong Huntress ($0.49 from $4.99 until 5/27)
Thief Simulator ($1.99 from $19.99 until 5/27)


Timberman VS ($0.19 from $1.99 until 5/27)
Tiny Hands Adventure ($0.79 from $7.99 until 5/27)
Top Run ($2.49 from $4.99 until 5/27)
Ultimate Ski Jumping 2020 ($6.69 from $9.99 until 5/27)
Unit 4 ($1.49 from $14.99 until 5/27)
Utopia 9 ($0.99 from $9.99 until 5/27)
Violett ($0.99 from $9.99 until 5/27)
Warlocks 2: God Slayers ($1.79 from $17.99 until 5/27)
Welcome to Primrose Lake ($3.99 from $7.99 until 5/27)
Where the Water Tastes Like Wine ($9.99 from $19.99 until 5/27)
Wondershot ($0.99 from $9.99 until 5/27)
Zombillie ($0.49 from $4.99 until 5/27)
#RaceDieRun ($1.99 from $9.99 until 5/27)

That’s all for today, friends. We’ll be back tomorrow with a handful of new releases in preparation for the absolute bananas that is Thursday/Friday this week. There may be some good sales, there may not be. There will be at least a little news. No reviews, as I’ve emptied the current chamber of stuff I’ve got ready to go. I hope you all have a solid Tuesday, and as always, thanks for reading!

Source: https://toucharcade.com/2020/05/26/switcharcade-round-up-fury-unleashed-review-mini-views-featuring-arrest-of-a-stone-buddha-the-latest-releases-and-sales-and-more/

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