Traverse Internet Law Federal Court Report: August 2008 Copyright Infringement Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.

SEGA OF AMERICA, INC. v. DOES 1-10
CENTRAL DISTRICT OF CALIFORNIA (LOS ANGELES)

2:08-CV-05699

FILED: 08/29/2008

The Plaintiff goes to great length to explain in this lawsuit that the “early screenshots and some video of what was still very much a work in progress” had been taken and further states that the “FTP files do not accurately portray the ultimate appearance or functionality” of the video game. It makes you wonder whether the purpose of this lawsuit is to seek redress for damages or a notice to the public that the unauthorized version making the rounds is far inferior to the actual game which is scheduled for release during the holiday season of 2008. This case may be the perfect example of a lawsuit being used for public relations purposes.

Sega is a publisher and distributer of video games, and Sega employees posted an early version of “Sonic Unleashed” on a FTP server behind password protection. The same day that the video game files were posted, a Sega employee accidentally posted the password to the confidential FTP page and although this security breach was discovered within an hour, unknown Defendants are claimed to have accessed the server and repeatedly copied and distributed the FTP files on the web.

Sega of America, Inc. has sued unknown Defendants, identified as “John Doe” defendants, for copyright infringement. Sega is asking for the entry of injunctive and monetary relief, and in particular a preliminary and permanent injunction prohibiting Defendants and all other acting in concert or participation with them from infringing or assisting further infringement of the Sega copyright protected files. Traverse Internet Law Cross-Reference Number 1203.