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Microsoft In Legal Battle Over Halo 2 Packaging

Gamespot is running an article about a legal battle regarding Halo 2's metal case. From the article: "The suit reportedly claims that G&M was contacted by Microsoft in 2003 and was looking for a company to produce metal packaging for the release of Halo 2. G&M claims that Microsoft sent its case proposals to Viva, a potential rival for the contract and not part of the NDA. According to reports, the Danish design firm alleges that its proprietary technology was used in a Viva case made for Halo 2 and that Microsoft and Viva are in cahoots. G&M is suing for damages and requesting an injunction against both Microsoft and Viva."

47 comments

  1. Proprietary technology? by xTMFWahoo · · Score: 5, Insightful

    Did G&M invent a new alloy for the case or some metal stamping technology? If they copied their design, it's wrong, but is it really technology?

    --
    "Patriotism is supporting your country all the time, and your government when it deserves it." Mark Twain.
    1. Re:Proprietary technology? by slavemowgli · · Score: 4, Informative

      Welcome to a world where literally everything is copyrighted...

      Fun fact: did you know that buildings are copyrighted to the architects that designed them? There's actually a special exemption that allows you to publish pictures taken of buildings from public ground without contacting the architect first and getting permission. If this didn't exist, any picture taken where a building is visible in the background would be a copyright violation.

      It's a crazy world.

      --
      quidquid latine dictum sit altum videtur.
    2. Re:Proprietary technology? by Anonymous Coward · · Score: 0

      10 minutes after the story and only 3 posts. I think I can safely say that no one cares if microsoft gave away dvd case technology.
      What was the propriatary part anyway? The hinge?

    3. Re:Proprietary technology? by maxume · · Score: 1

      Taking the picture and making a print is fair use. Distributing it commercially would break the copyright. Of course, IANAL, IJPOOS.

      --
      Nerd rage is the funniest rage.
    4. Re:Proprietary technology? by coopaq · · Score: 1
      This reply is copyrighted by me!

      If you are reading this please pay me royalties in mod points.

      +1 Funny is acceptable.

    5. Re:Proprietary technology? by Crunchie+Frog · · Score: 1
      Damnit! and I just reproduced your post as a series of neural connections in my brain. Shit shit shit, its so easy to copy stuff without realising...

      /me pays up

      --
      --- Never attribute to malice that which can be adequately explained by stupidity
    6. Re:Proprietary technology? by Ackmo · · Score: 0

      IJPOOS?

    7. Re:Proprietary technology? by AvitarX · · Score: 1

      I am guessing I Just Play One On Slashdot

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    8. Re:Proprietary technology? by jizmonkey · · Score: 1

      No offense, but you are way off. I honestly wonder why you would spout off without reading the copyright statute (it's there, no parsing of court cases necessary) or even secondary sources like the Wikipedia. Fair use has nothing to do with the exception the parent mentioned.

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      With great power comes great fan noise.
    9. Re:Proprietary technology? by Flounder · · Score: 1

      And that's why you're not supposed to think while reading Slashdot.

      --

      No boom today. Boom tomorrow. There's always a boom tomorrow. - Cmdr. Susan Ivanova

    10. Re:Proprietary technology? by maxume · · Score: 1

      The special exemtion appears to be in the definition of the scope of copyright(exclusive right, whatever) for architecture:
      http://www.copyright.gov/title17/92chap1.html#120

      Fair use is also defined on that page:
      http://www.copyright.gov/title17/92chap1.html#107

      So clearly they are seperate things. My bad.

      I don't really see the harm in taking about them both as fair use, just because most fair use is defined by case law and the architectural photo exemtion is defined in statute. I guess I take fair use to mean 'non-infringing use' and I don't worry about exactly why it is non-infringing.

      --
      Nerd rage is the funniest rage.
  2. And the winners are... by alvinrod · · Score: 4, Insightful
    ... the lawyers.

    Even though it's Microsoft that's getting sued, I think that we all have to admit that things are getting a little out of hand.

    At least this one's not over a software patent.

  3. Pretty commonplace by GigsVT · · Score: 4, Insightful

    The packaging and printing industry is full of people trying to get something for nothing.

    People want nice looking packaging that has all kinds of crazy features, but they'll penny pinch and backstab to save a buck (like getting one place to design it on the assumption it'll be printed there, then taking the design somewhere else to br printed).

    It's a funny industry.

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    1. Re:Pretty commonplace by F_Scentura · · Score: 1

      It's pretty normal in graphic design and all commercial art as well. My father was a commercial artist for the majority of his life, but eventually tired of spending hours to weeks working on mockups for designers only to find out that they rejected every trained artist in favor of the cheapest possible house-painter.

  4. DOOM3 also came with a metal case. by Utopia · · Score: 1

    I don't see anything very dramatically different/innovative with Halo2's casing.

    1. Re:DOOM3 also came with a metal case. by KDR_11k · · Score: 2, Informative

      It's not patent infringement, MS simply asked G&M for a design, G&M sent a proposal, MS took it and contracted another company to produce it. Copyright infringement.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    2. Re:DOOM3 also came with a metal case. by Ayaress · · Score: 1

      Not only Doom3. World of Warcraft had the collectors edition in a tin box at launch. Both Lunar games had special editions on the Sega CD and Playstation that came in tins with some extra junk. I could keep going, too. A lot of big-name games have special editions packed in tin boxes. Heck, I have a stack of those tins that AOL used to put their CDs in that I use as coasters and objects of wrath (They make a very satisfying noise if you throw them against a brick wall hard enough, without the potential mess and shrapnel you get doing the same thing with the CD itself).

      I could see if they said Microsfot had stolen their box art, but this article sounds more to me like they're saying the box itself looks the same, not the art on it. How many ways can you seriously make a tin box? If you scrape the artwork off the World of Warcraft Collector's Edition tin, the Doom 3 tin, and the Halo 2 tin, how different would they look?

    3. Re:DOOM3 also came with a metal case. by WiKKeSH · · Score: 1

      My copy of Quake 3 also came with a metal case.

    4. Re:DOOM3 also came with a metal case. by j0nb0y · · Score: 3, Informative

      I have WoW:CE. It did not come in a tin box. It came in a very nice box, but it was not tin.

      --
      If you had super powers, would you use them for good, or for awesome?
    5. Re:DOOM3 also came with a metal case. by ScottyUK · · Score: 1

      Flight simulator 2004 had a metal special edition too, but that's not the point. I dont think the issue here is with generic metal cases, it's Microsoft contracting a company to mass produce a specific design copyrighted to (ie originally designed by) another completely different party - breaking non-disclosure agreements in the process.

      --
      Nice weather for penguins...
    6. Re:DOOM3 also came with a metal case. by Fareq · · Score: 2, Informative

      not even copyright infringement.

      Violation of a Non-Disclosure Agreement between G&M and Microsoft to NOT SHOW the design to anyone else

  5. At least by halcyon1234 · · Score: 0, Troll
    The cases aren't bursting into flames.

    (Though... that would be pretty cool...) =)

  6. The Packagin.. Important.. by JamesInsomniac · · Score: 0, Offtopic

    Halo 2's packaging is not what made me buy Halo 2...

    1. Re:The Packagin.. Important.. by bigman2003 · · Score: 1

      I bought the limited edition- which is rare for me, because I don't usually go for that type of thing...but in this case I was so hyped up about Halo that I REALLY needed that DVD that came with it.

      The DVD was pretty crappy...it is only the metal case that makes me think I didn't throw the extra $10 away.

      Maybe $9, but not all 10.

      --
      No reason to lie.
    2. Re:The Packagin.. Important.. by McKinney83 · · Score: 1

      It was only $5 extra. $54.99 not $59.99

      --
      Winner of The Second Annual Montgomery Burns Award for Outstanding Achievement in the Field of Excellence.
  7. Stop me if you've heard this before by wowbagger · · Score: 4, Insightful
    Stop me if you've heard this before:
    1. Microsoft contacts small company and says "We are interested in your product - tell us more."
    2. Small company gives Microsoft information on product.
    3. Microsoft says "We'll sign an NDA - please tell us all about your product, including all the secret bits."
    4. Small company, drooling over the prospect of partnering with Microsoft, hands over all the information about their product.
    5. Microsoft says "Well, now that we've considered it, we aren't interested in your product - BYE!"
    6. Microsoft (or a company working with Microsoft) releases a product astonishingly similar to the first companies product, right down to the information provided to Microsoft under NDA.


    Orange telephone. Stack. Now these guys.

    Except that at least Orange and Stack were SOFTWARE - as in Microsoft's main focus.

    This is PACKAGING for crying out loud! This is NOT Microsoft's core competency!

    Are they just screwing companies over just to see if they can get away with it?

    Or does some buddy of Bill's own Viva?
    1. Re:Stop me if you've heard this before by Anonymous Coward · · Score: 0

      Are they just screwing companies over just to see if they can get away with it?

      What's that saying about old habits ... ?

      And considering the company's history, that's probably how business is understood to work anyway.

    2. Re:Stop me if you've heard this before by sesshomaru · · Score: 5, Insightful
      I'm reminded of this:
      "Why would a company like Microsoft do this?" asked Richard Lang, who is Burst's CEO and half the company workforce. "We were a little company. Microsoft could have had our technology for almost nothing, but instead they stole it. We called them on it, and they could have settled at any time, but they didn't. They stuck their heels in and won't give an inch even now. The only way I can make sense of this behavior is that they need to win no matter what the cost." -- Stupid Microsoft Tricks: Why the Richest Company on Earth Feels it Needs to Cheat
      I think I've seen other examples of this behavior from Microsoft, but I find Burst's CEO's, "But why" amusing. It's that old story of the Frog and the Scorpion.

      This is all well known enough for there to be this bit on The Simpsons

      Homer: I reluctantly accept your proposal!

      Bill Gates: Well everyone always does. Buy 'em out, boys!
      [Gates' lackeys trash the room.]

      Homer: Hey, what the hell's going on!

      Bill Gates: Oh, I didn't get rich by writing a lot of checks!
      [insane laughter]
      -- SNPP:5F11

      To paraphrase Prostetnic Vogon Geltz, "Apathetic bloody company, I've no sympathy at all."
      --
      "MIT betrayed all of its basic principles."
    3. Re:Stop me if you've heard this before by NanoGator · · Score: 1

      "Microsoft (or a company working with Microsoft) releases a product astonishingly similar to the first companies product, right down to the information provided to Microsoft under NDA."

      This point would be more interesting if the resulting packaging wasn't extremely straight forward and simple. Then again, I don't think the issue here is that the packaging is similar, but rather that the technique that was used to make it was shared with a competitor.

      I have mixed feelings about this. If the 'proprietary technique' that was used was simple enough for a competitor to use it and provide a cheaper result, is there really any real cause other than the NDA violation to get all uppity? I mean, if Microsoft sued Google under similar circumstances, nobody would be siding with MS.

      --
      "Derp de derp."
  8. Its the NDA between them that was violated by bentfork · · Score: 1
    ...(G&M) is suing Microsoft for breach of a nondisclosure agreement...

    G&M claims that Microsoft sent its case proposals to Viva

    If that is true and MS did share work that being done under a NDA then G&M deserves to be compensated. May I suggest a fair jury trial?

    ???
    3)Profit!

    1. Re:Its the NDA between them that was violated by telstar · · Score: 1

      May I suggest a fair jury trial?

      Or how about we save taxpayers another expense and let these companies figure it out themselves.

    2. Re:Its the NDA between them that was violated by Carewolf · · Score: 1

      What's fair about a jury of people who know clue about the subject at hand?

      Anyway if they sued under danish courts there will be no jury, as juries are only used in criminal cases.

  9. Bad, Bad Zonk and Gamespot. by hackwrench · · Score: 2, Informative

    What they both posted is basically just rumors without sources.

    Links: http://www.glud-marstrand.com/sw67.aspGlud & Marstrand Website Can't find anything here about the lawsuit. Earlier The Inquirer Article 9-16 as opposed to 9-19, but equally shoddy on the details...no wait, slightly better in that it says the lawsuit is taking place in a washington court. (Washington in this case being a State of the United States).
    Viva's website is harder to pin down.
    A search for Microsoft on Washington's Courts Website, most of which are about the Microsoft Word format... :) tp:wwwcourtswagovfadwhomeWashington Case Search Page...Wants a last name first initial . Don't know how you'd do Microsoft.

    1. Re:Bad, Bad Zonk and Gamespot. by SlayerofGods · · Score: 1

      It's filed in federal court of the Western District of Washington case number 2:05-cv-01563-RSM
      I threw the complaint up on a freefile host.
      http://zupload.com/download.php?file=getfile&filep ath=10700

      --

      Technology, the cause of and solution to all of life's problems.
  10. Re:Crazy no by technoextreme · · Score: 0, Flamebait
    Welcome to a world where literally everything is copyrighted... Fun fact: did you know that buildings are copyrighted to the architects that designed them? There's actually a special exemption that allows you to publish pictures taken of buildings from public ground without contacting the architect first and getting permission. If this didn't exist, any picture taken where a building is visible in the background would be a copyright violation. It's a crazy world
    Of course. It really isn't crazy when you can think of architects as artists. There is absolutely nothing they do but make a building look pretty.
    --
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  11. Packaging = Manufacturing Costs by wilbz · · Score: 2, Informative

    One of the interesting things about packaging in general is that, when it comes to manufacturing, there are numerous products our there where the packaging is more expensive than what it contains. I work in the food packaging industry and I can tell you that the packaging Frito uses for their bags is more expensive than the chips (crisps) they are putting in them. Judging from the Halo2 boxes, I would expect the same to be true (speaking strictly manufacturing costs)

    If MS truly did violate the NDA and take a proprietary box design to a comptetitor, that translates to a significant amount of money (especially when you look at Halo2's sales numbers). If someone were to do something similar in the food packaging industry (e.g. take the plastic film design from one supplier and provide the information to a competitor to have them produce the film more cheaply) the affected company would have their asses in court in a hurry.

    Regardless of the complexity of the item in question, if an NDA was voilated then there should be some sort of reprimand. What's the point of an NDA if it's not enforcable? Corporations would stop any kind of cooperation pretty quickly if they knew any secrets they shared would be readily given to their competitors.

    1. Re:Packaging = Manufacturing Costs by TechniMyoko · · Score: 2, Funny
      a proprietary box design

      I want an open source box design. That plays OGG

  12. Re:Crazy no by Haeleth · · Score: 1

    Sorry, I'm having a hard time working out whether you're being sarcastic there or not. I'll assume you'd have used tags if you were, and answer based on the assumption that your post was serious.

    It really isn't crazy when you can think of architects as artists.

    Why does that change anything? A photograph of a building isn't a building. I can see the point of copyright on the design of a building - that stops me copying the plans and building a great building, based on someone else's work that I haven't paid for. That seems fair and reasonable. But I cannot for the life of me work out why an architect should have any rights that could possibly make me need special permission to take a photograph of their work. How on earth does that affect their need to make a living designing buildings?

    There is absolutely nothing they do but make a building look pretty.

    Uh... that, and handle little details like making sure you have a safe route to get out by if there's a fire, or ensuring that there's sufficient ventilation so you don't suffocate when you close the window. I understand that a few people even value these attributes more highly than prettiness.

  13. Metal case art by Kazzahdrane · · Score: 1

    If we're talking about this company designing the box art for the collector's edition tin box, I'd suspect MS were super pissed when they got the results instead of the exciting we'd-never-have-thought-of-that art they were hoping for. It's the Halo 2 logo. ...in blue IIRC.

  14. I wonder... by Retroneous · · Score: 2, Interesting

    ...if the company in the UK that is marketing its range of "innovative packaging designs" by using its design for "The Hero" DVD in its advertising is affected?

    Especially since the design is exactly the same as Halo 2's, only with a little pair of black plastic goggles on the side as a clasp to keep the case closed.

    I thought that Halo 2's case was just a DVD case made of metal, with the case being cut into two seperate pieces (rather than the "norm", which is one continuous piece) and kept together by an equally cheap metal hinge. And the previous poster is right in saying that Doom 3 was released in exactly the same style of casing.

    I know we're all "supposed" to hate Microsoft, but could it not be that a) Small company realises that its main product is ridiculously easy to copy and has nothing else up its sleeve to improve profits, so b) sues the biggest company in the World, hoping to get a big "DualShock" style payoff?

  15. Re:Crazy no by falcon5768 · · Score: 1
    the answer to both your questions is simple.

    A Architect is a artist, a engeneer is the one who actually takes care of all those little details like fire code and such.

    Most architects have no fing clue about any of that as you can plainly see in any building that was designed by a architect but not gone over by a engeneer later.

    As for why a special waver would need to exist, very simple, a architects calling card is his style. You look at a Wright house and you know Frank Loyd Wright designed it. Architects in the past used to be very sneaky and used to copy styles from other architects, thus why there is a copyright, to prevent someone from stealing anothers work which happend very often even as recent as the 30's and 40's.

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  16. Re:Crazy no by Anonymous Coward · · Score: 0

    There is absolutely nothing they do but make a building look pretty.

    Well, they aren't *supposed* to. They are supposed to create spaces that help you work and live. It's not as simple as it sounds. If you've ever been in a badly-designed building you remember it (foot traffic doesn't flow correctly, different types of traffic mix, windows create glare where they shouldn't, different types of activities aren't properly partitioned, etc., etc.). If you don't even NOTICE the building, if it just helps you get through your day, then you're in a well-designed building.

    Read some of Christopher Alexander's books (the "patterns" guy). They are pretty mind-blowing, he explains it a lot better than I can.

    But yeah, the sad truth is most architects want their buildings to be noticed, photographed, awarded, praised, etc., so they don't use these basic principles. They basically make giant sculpture with rooms inside.

    One of Christopher Alexander's concepts is: a good design must be egoless.

    So, your statement is true on it's face these days, but it shouldn't be.

    You can also think about computer hardware, kitchen utensils, or anything else that has both artistic and functional aspects. Think of a Dell with useless swooping plastic pieces, vs. a Mac, where everything has a purpose (the swoop would be a handle, or it wouldn't be there, etc). Of course Apple's designs are not strictly "egoless", but they are "minimal", which is often close enough.

  17. OSB by OMGtehRed · · Score: 0

    Open Source Buildings for teh win?

  18. Re:Crazy no by Chosen+Reject · · Score: 1

    Wow! I think that post alone caused at least 10 spelling Nazi's to leap to their death from some tall building.

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  19. Re:Crazy no by cowscows · · Score: 2, Informative

    Actually, you're fairly wrong. Although a few architects try to function as if they were artists, the average architect does far more than draw pretty pictures. An architect needs to be aware of pretty much all of those little details like fire codes and such, although on complicated projects it's not unusual to consult with a multitude of engineers.

    An architect may ask structural engineers to help size columns and beams and whatnot, but it's generally the architect who decides where they go. Most architects have at least a basic understanding of that sort of thing, and enough education to have an informed discussion about it with engineers. Fire codes are a little more complicated than the number of sprinklers and making sure the doors open the right way. The entire circulation patterns of high occupancy buildings can be massively influenced by fire codes, and you can be sure that an architect needs to be involved in that.

    There are very few architects who have a completely personal and unique "calling-card style". FLW is one of them, a more contemporary example would be Frank Gehry. Styles in architecture generally span time periods more than particular persons, not to say that everyone doesn't have their own ideas. Architecture has a very long history. It'd be very limiting to think of it as "stealing ideas", so instead we call it "progress", and with a few exceptions, most architects are aware of how much they draw from the past, and are happy to see their own innovations and thoughts influence the profession as a whole.

    Copying a building detail for detail is, of course, a slightly different story, but either way, is never good architecture. A well designed building will have made a lot of concessions to its particular location, while at the same time exploiting other properties of the site.

    --

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  20. Oh that's MS allright by Chooche · · Score: 0, Flamebait

    I work in a small 3rd party game development haus. Right now most of the revenue came in from outsource work from bigger studios.

    The consensus here is that most big money game publishers will rip us off but they will let us know ahead before anything is signed.

    Microsoft will sign all kinds of papers and make promises, and then screw us anyway.

    So we stay away from MS.

  21. Re:Your right... Parent was wrong.... It's bogus by technoextreme · · Score: 1
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