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Select GameStops in NY, OH and PA selling Modern Warfare 2 already [Update: Activision responds]
by Griffin McElroy 
{ Nov 8th 2009 at 11:30AM }
Poor, poor GameStop. As the gaming public's anticipation for Call of Duty: Modern Warfare 2 approached critical mass, they faltered in their loyalty, and took their business to small "mom and pop" game retailers who had broken the game's street date. Fortunately for the retail juggernaut, Activision showed compassion for its plight, and agreed to let certain GameStops in a few Northeast states start selling the game before Tuesday in order to help combat these vicious local businesses.
We've been receiving tips all morning from folks living in New York and Pennsylvania (and Kotaku reports Ohio as well) stating that they were able to find the game on sale at their local GameStop. If you live in one of those Northeastern states, you might want to go ahead and call your local 'Stop to see if it's one of the stores which was granted special permission. If it is, then you can go straight to hell, you lucky jerk.
LGJ: Read the fine print!
by Mark Methenitis { Nov 7th 2009 at 2:00AM }
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
Well, after the incident with Courtney Love and Kurt, it looks like the whole issue of famous musicians in games is back in the press with No Doubt suing Activision over Band Hero. A one time event is an anomaly, but twice in just a few months suggests something else. Of course, both of these all tie back to the contract, and since I'm a transactional attorney who spends the majority of most days negotiating and drafting agreements like these, I'm hoping I can shed a little light on what might be causing the problems. Since I wasn't involved in these particular negotiations nor have I read these contracts, all of what I'm presenting is speculation.
But before I begin, I suppose I should answer the simple question, "What is a contract?" I assume that most people reading this have at least some idea, but just in case, it's worth describing in detail. A contract is a legally binding agreement between two parties to perform certain promises in the future. In theory, to form a contract there are five elements: Offer and acceptance, consideration, intent, capacity, and formalities. In reality, it's fairly simple. The parties must have a meeting of the minds, that is agree to the same terms, which is often viewed as an offer by one party and acceptance by the other. Each party must put up something of value, called consideration, for the contract to be valid. The parties must intend to enter into a contract, and be of the appropriate mental capacity to enter into the agreement. And then the agreement is generally recorded in writing, as most jurisdictions have rules that require written agreements, which is then signed by the parties. And that is how a contract is born, in theory anyway.
Well, after the incident with Courtney Love and Kurt, it looks like the whole issue of famous musicians in games is back in the press with No Doubt suing Activision over Band Hero. A one time event is an anomaly, but twice in just a few months suggests something else. Of course, both of these all tie back to the contract, and since I'm a transactional attorney who spends the majority of most days negotiating and drafting agreements like these, I'm hoping I can shed a little light on what might be causing the problems. Since I wasn't involved in these particular negotiations nor have I read these contracts, all of what I'm presenting is speculation.
But before I begin, I suppose I should answer the simple question, "What is a contract?" I assume that most people reading this have at least some idea, but just in case, it's worth describing in detail. A contract is a legally binding agreement between two parties to perform certain promises in the future. In theory, to form a contract there are five elements: Offer and acceptance, consideration, intent, capacity, and formalities. In reality, it's fairly simple. The parties must have a meeting of the minds, that is agree to the same terms, which is often viewed as an offer by one party and acceptance by the other. Each party must put up something of value, called consideration, for the contract to be valid. The parties must intend to enter into a contract, and be of the appropriate mental capacity to enter into the agreement. And then the agreement is generally recorded in writing, as most jurisdictions have rules that require written agreements, which is then signed by the parties. And that is how a contract is born, in theory anyway.
Activision catches both pirates and thieves in Modern Warfare 2 investigation
by JC Fletcher { Nov 6th 2009 at 9:00PM }
When IPCyberCrime found the person behind the sale, the investigator discovered that he was an employee at a retailer, who, with friends, had stolen the bundles to sell on Craigslist. The sellers were turned over to the store's loss prevention department.
That bust led to one of the prospective buyers, named Christian Del Amo, who was raising money on a forum to buy the bundle (allegedly) for the purpose of copying the game and selling the copies, along with other pirated games, on hard drives. IPCyberCrime turned that case over to the Miami-Dade Police Department, who arrested Del Amo.
Obviously, this demonstrates one reason (aside from the whole morality thing) why you shouldn't try to make a business of selling pirated games. Activision has enough money to hire a private investigator, and is not afraid to use it.
Tony Hawk: Ride videos are in-game and out-of-game
by Griffin McElroy { Nov 6th 2009 at 5:30PM }
We debated which of the two video assets Activision recently sent us for Tony Hawk: Ride should go a the top of the post, and which should be relegated to the unfavorable, post-jump real estate. The in-game trailer is pretty slick, and features that super catchy We Are Scientists jam. (You know the one, you hip guy, you.) However, the gameplay demonstration actually shows the peripheral being used to go on a "sick run," apparently part of a long-standing feud between Activision and Robomodo.
We decided to put the "sick run" at the top of the post, if only because we want you to know that this is exactly how we looked the first time we played the game at E3. Only we didn't crash quite so much, and also, when we finished playing, Tony Hawk himself came up and gave us a high-five with one of his giant hands. Check out the video above, then click past the jump to check out its neglected (but catchy!) brother.
We decided to put the "sick run" at the top of the post, if only because we want you to know that this is exactly how we looked the first time we played the game at E3. Only we didn't crash quite so much, and also, when we finished playing, Tony Hawk himself came up and gave us a high-five with one of his giant hands. Check out the video above, then click past the jump to check out its neglected (but catchy!) brother.
Modern Warfare: Reflex footage inspires passionate comment
by Griffin McElroy { Nov 6th 2009 at 11:40AM }
No insight from us relating to the recently leaked footage of the training mission from Modern Warfare: Reflex (and, prior to that, the original Modern Warfare) is required. Mr. natevberg seems to sum up the raw emotion of the video beautifully. To see the modern waggle controls in action, check out the video after the jump.
Modern Warfare 2 refused by digital distribution retailers; Steamworks to blame
by JC Fletcher { Nov 6th 2009 at 9:22AM }
"At Direct2Drive," the statement on what would be the Modern Warfare 2 product page reads, "we believe strongly that when you buy a game from us, you shouldn't be forced to install and run a 3rd party software client to be able to play the game you purchased." The site offers an Amazon link to purchase the game, and a $5 coupon for other Activision titles on Direct2Drive.
Impulse and GamersGate won't be offering the Modern Warfare 2 either. Impulse tells VE3D that "the most obvious issue is the forced inclusion of a competitor's store that blocks us from carrying the game."
[Via Gamasutra]
Modern Warfare 2 limited to 9 vs. 9 on PC
by Justin McElroy { Nov 5th 2009 at 7:40PM }
We feel for those of you on the PC side, but largely because you haven't yet had your spirits broken like your console brethren. We don't even notice having our dreams shattered any more (in fact, truth be told, we think we're starting to like it).
Guitar Hero, Call of Duty franchises lead Activision's 'better-than-expected' Q3 2009
by James Ransom-Wiley { Nov 5th 2009 at 5:32PM }
In fact, the CEO called Guitar Hero the year's "#1 best-selling third-party franchise in North America and Europe" through September, claiming that U.S. sales of music games increased 72 percent year over year in September. Last year's big-band-box edition, World Tour, and Call of Duty: World at War combined for total, world domination, becoming this year's "#1 and #2 best-selling third-party titles" in North America and Europe through September, according to Activision. Additionally, World at War DLC map pack sales continued to climb last quarter and have now surpassed 7.5 million purchases.
Needless to say, the publisher is not backing off of its prior financial outlook. Activision anticipates annual net revenues of $4.5 billion (on a non-GAAP basis) at the close of the year. Did you remember to feign surprise?
Civil War breaks out on XBLM, Marvel Ultimate Alliance 2 demo released
by Griffin McElroy { Nov 5th 2009 at 12:45PM }
Allow Activision to introduce you to Taylor Swift
by Ben Gilbert { Nov 5th 2009 at 5:29AM }
If you purchase a copy of Band Hero in the month of Novemeber (why, that's this month!), you can enter for a chance for two to meet Taylor Swift. Alright, alright, now calm down. You're panting. It's going to be alright. After you pick up your copy of Band Hero tonight, slowly remove the instruction manual from the inside of the game box and simply enter the code from its back at this website. According to the site, you could supposedly win some other stuff or something, but whatever.
Watch: The Modern Warfare 2 launch trailer, as seen on TV
by Christopher Grant { Nov 4th 2009 at 10:30PM }
For some reason, Activision is intent on blowing cash on Modern Warfare 2 advertisements, despite record pre-order numbers, and anticipated record-breaking sales. At this point, tossing out slick television commercials – like the one you see above, showing some more fightin' on American soil – just seems like kicking everyone's wallets while they're down. We've already got the game pre-ordered! We can't pre-order it anymore! Uncle!
Modern Warfare 2 Avatar gear coming to Live tomorrow
by Xav de Matos { Nov 4th 2009 at 8:01PM }
Revealed in a recent Tweet, Bowling stated that Infinity Ward will upload the content to Xbox Live tomorrow -- which includes the Ghost outfit pictured above. In an email to Joystiq, Bowling confirmed the content will be made available for purchase tomorrow. Until then, we'll sleep soundly knowing that the Avatar world will soon be safe from terrorist scum.
[Thanks, B. Marriner]
Hans Zimmer believes in the legitimacy of games, approached MW2 as a 'novice'
by Ben Gilbert { Nov 4th 2009 at 6:00PM }
Zimmer says his first experience working on a game has, unsurprisingly, been very different than working on a film. "I had never done this before, so it was nice to sort of go at it a little fresh." Due to the length of major video games (even the shorter ones), Zimmer was forced to create considerably more music than the average project. "I never added it up [because] then I would have panicked," he admits. Looks like that "ridiculous" budget was good for something!
No Doubt suing Activision for Band Hero 'circus act' appearance
by Xav de Matos { Nov 4th 2009 at 4:40PM }
Of particular note is lead singer Gwen Stefani's displeasure that her likeness can be used to sing "Honky Tonk Woman" by the Rolling Stones -- a song which references sex with prostitutes -- using a male voice and mannerisms. For its "circus act" inclusion, No Doubt is seeking an injunction to halt the "unauthorized use" of the band's name and likeness, as well as an unknown amount of damages (aka mad monies). Seems like Activision can't keep rock stars happy, dead or alive.
[Via TeamXbox]
Amazon ranks Call of Duty-est towns in America, large dining utensils in the lead
by Griffin McElroy { Nov 4th 2009 at 2:00AM }
Amazon will continue to rank American cities based on per capita Modern Warfare 2 pre-orders until the game is released, and has agreed to ship a $5,000 gift card to a charity of its choosing which serves the winning town. We hope Grand Forks manages to hold its top position in the rankings, if only because it desperately needs something to put on its city limits signs. You know, something more inspiring than "Welcome to Grand Forks: We've Got a Pretty Good College, Here, We Guess."
