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Trouble in Groove-land
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toady007
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380. PostPosted: Thu May 12, 2005 11:33 am    Post subject: Reply with quote

Either RoXor's legal team is wrong or In The Groove is actually legal. Either way, RoXor consulted lawyers before making anything who told them that it was legal. I'm tired of people calling RoXor lazy or stupid, they obviously were told it was not a patent violation (possibly on some technicality), and then produced units from there. It's completely possible their patent lawyer(s?) was wrong, however RoXor employees for the most part are concerned with making games and leaving professionals to figure out the legal work.
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381. PostPosted: Thu May 12, 2005 11:46 am    Post subject: Reply with quote

iamstorm wrote:
Ummm ... excuse me ... I never said THERE WILL BE NO IN THE GROOVE, I said it's a good possibility...


Uh, I didn't mean anything by my post. I was just saying that RoXoR probably has their hands full right now. No offense towards you was intended.

Plautus wrote:
As for my contribution, I can understand those who say that Konami's chief interest is to cripple RoXoR, to make the legal battle so costly that they can't go back to making and selling games even if they win. Even if we grant that, I'm at a loss as to how that could affect the ITG PS2 release, and not just because the complaint as it stands is only about arcade machines.


Well, if the ship sinks, it can't deliver any more cargo...

Basically this almost reminds me of the Sony vs. bleem! battle. Anybody here remember that? I'm not accusing Konami of doing what Sony did (yet), but it went like this: bleem! created a PS1 emulator for Dreamcast from the ground up that played (individual) commercial games, and did it with MAJOR graphical enhancements in a plug-and-play fashion. And they sold it for profit.

Sony decided they didn't like this, even though what bleem! was doing happened to be completely legal. So they sued bleem! despite the knowledge that they would lose. When they lost, they sued bleem! again. And again, until bleem! ran out of money from legal battles and was forced out of business. To this day, I hate Sony for doing this.

~yyr
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382. PostPosted: Thu May 12, 2005 11:48 am    Post subject: Reply with quote

I don't know if this has been brought up before, but this suit seems like it would be akin to modding kits for cars. The comparison would be Ford or Chevrolet or Mazda suing kit companies because the kits, when applied to vehicles owned by consumers, would give the car a possibly inferior presence/appearance while still sporting the Ford/Chevy/Mazda logos.

On that purely simplistic level, it would seem that Konami's argument regarding mark dilution would be meaningless. Wouldn't it be equally bad for people to think a Mazda comes stock with a badly bolted spoiler and poorly applied appliques? And yet, kits are freely available for several makes and models of vehicles. The same should, I would think, apply to RoXoR selling kits to modify DDR machines. As long as RoXoR does not sell pre-converted DDR machines as though they were ITG machines, I don't see why Konami would be able to use the sale of conversion kits as any kind of valid complaint.

Patent infringement, however, is a different beast. There is probably a good deal of weight there with which Konami can beat upon RoXoR, but only if they can prove that the Konami patent covers arrow-based dancing games themselves and not just the arcade cabinet and its components.
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Plautus
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383. PostPosted: Thu May 12, 2005 11:57 am    Post subject: Reply with quote

yyr wrote:
Plautus wrote:
As for my contribution, I can understand those who say that Konami's chief interest is to cripple RoXoR, to make the legal battle so costly that they can't go back to making and selling games even if they win. Even if we grant that, I'm at a loss as to how that could affect the ITG PS2 release, and not just because the complaint as it stands is only about arcade machines.


Well, if the ship sinks, it can't deliver any more cargo...

Basically this almost reminds me of the Sony vs. bleem! battle. Anybody here remember that? I'm not accusing Konami of doing what Sony did (yet), but it went like this: bleem! created a PS1 emulator for Dreamcast from the ground up that played (individual) commercial games, and did it with MAJOR graphical enhancements in a plug-and-play fashion. And they sold it for profit.

~yyr


Way to bring back a low point in my life.

I remember, it was just going to be bleem! for DC, then there were going to be 4 or so discs which would each emulate a certain set of PS games, because they couldn't make it all one program. Then there were single-game releases, the first couple looking better than the same ones on PS2, and ending w/ the disc for Tekken 3, which I heard was about as good as on an original PSX. Sad, sad story.

What I'm saying here is that there's a finished product that's entered production (I'm thinking they can't *not* produce them at this stage), and if this is ultimately going to end in tears for RoXoR, I don't think it'll be over in less than 3 weeks.


Last edited by Plautus on Thu May 12, 2005 11:58 am, edited 1 time in total
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384. PostPosted: Thu May 12, 2005 11:57 am    Post subject: I just don't get it Reply with quote

I want to play ITG so badly, it looks great and US home releases for DDR have been, in my opinion, terrible. Based on the patent name of the DDR stuff, it sounds like they've completely patented the concept and execution of any dance-related game, but they don't go around sueing the buttocks off of Pump It Up. Is this going to apply to both the home versions and the arcade version? From the look of the complaint, it seemed to be based on the like leeching of DDR machines as hosts for ITG or something, but the thing I really care about is seeing ITG in my PS2.
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Sk37ch
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385. PostPosted: Thu May 12, 2005 11:57 am    Post subject: Reply with quote

I understand the whole "Konami are sore losers" argument. But maybe its more like they were so focused on their Japanese products that they figured, as dumb as it may sound, that DDR in America was only profitable through console game distribution.

I mean, aside from posts on DDR freak, what economic proof does Konami have that DDR pulls in juicy revenue when most people agree that about 85% (just a rough estimate) of the machines in the US are bootlegs? Konami certainly doesnt collect that money. Its like if i rent Fatal Frame II for PS2 from Blockbuster, which is made by Tecmo, and burn a copy for my friend and sell it to him for 10 bucks. Im sure somehow, Temco collects some kind of royalties from Blockbuster for being able to rent out their game, but me burning a copy for my friend wont get Tecmo anything.

Therefore, in general, before Roxor made In The Groove, Konami had no tangible evidence that DDR was popular in the arcade. In fact, maybe they figured it was dying or something because a) they closed their arcade divisions, and b) arcades in general arent doing too well. All of a sudden, a legit company produces a dancing game andhas figures to show how much money it makes (or some form of proof) and Konami actually see's the impact that 4-arrow dancing simulation has on America. This may very well be the case.

Having that said, its not like they are going to go toe-to-toe with Roxor. Thats a threat to Konami. They have all of these patents, and they are going to exercise them. Whether its fair or not. Legally they seem to be in the right. Ethically, which most of us can argue, they are in the wrong for NOT PAYING ATTENTION TO AMERICA. So they made a boo boo. Now maybe they'll wake up and smell the coffee.

I'd at least like to think it to be that way. If some of you are right and this is in fact a way for Konami to take money and run, then that would be pretty damn grimey. Lets be real here for a second. They could make tons of money off of DDR if they did their product some good. Tell me not, if DDR was made a sport or some sh!t, most of you DDRfreaks would start training immediately. DDR can be much more than what it is, but anything good that is DDR related is ILLEGAL. Theres even an arcade in Long Island, NY, that removed their extreme machine because on Extreme it says "For Distribution In Japan Only" or something like that. And while hardly anyone cares about that because Konami hasnt taken much action in suing privately owned arcades, it just goes to show that we get shafted when it comes to the real DDR community. Lets all hope that something positive comes out of this. Maybe they'll break a deal with Roxor and both companies can make their games, or join up or something. Personally, like i posted earier, ITG wouldnt exist if Konami was doing their job. H3ll, bootleg software and hardware wouldnt exist if Konami was doing their job. Yea, people can bootleg ITG, but is their a real need to? Theirs an abundance of it because Roxor is selling it. Konami doesnt even make machines anymore and if you wanted to purchase an extreme, it some is illegal to have it in the US.

What i want to know is, why the f*ck Europe is still getting mixes? We have to revert to having people juice up Stepmania and getting sued for it, and Italians and French people get to play legit Euromixes. Womp Womp.
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386. PostPosted: Thu May 12, 2005 11:57 am    Post subject: Re: A tiny bit of legal analysis Reply with quote

Heffenfeffer wrote:


First off, thank you very much for the pro bono legal analysis. I'd make a lawyer joke at this point, but you've probably heard them all and would have nothing to gain from the OLDEST JOKE IN HISTORY. (My mother-in-law! Ahahahahahahahahh!1111) E4.gif


Don't mind the lawyer jokes at all. Many are warranted. Some of my classmates are folks to whom I would never refer you for legal advice. Plus, I consider myself insulated from many of the critiques since I'm going into immigration law.

Heffenfeffer wrote:

But I've got a few questions if you don't mind answering:

First off, can Konami still file a preliminary injunction at this point? I'm particularly worried if they do, since it could take forever to settle/play-through this lawsuit, and time is money. One example of it being especially costly was the injunction that Sony got over Connectix for VirtualGameStation a few years back - it took over a year to Sony to lose the trial. By the time they did, the PS2 had come out. Needless to say, the demand for a PS1 emulator had gone to zilch, and Connectix sold off VGS to Sony (who dismantled it.)


They can, but preliminary injunctions carry two additional requirements: imminent threat of harm (as I mentioned) and probable success on the merits (likely you will get the permanent injunction at the end). Again, not quite the right "imminence" argument because you can't use the upcoming release of arguably legal products to show why the harm done by the arguably illegal products is more immediate. But again, why not make the argument - it's a pleading, just like an allegation in criminal law. As for the probable success requirement, yes, Konami has that locked up, because you don't need a guarantee of a win at trial to get a PI, just a reasonable probability you will.

I don't know the deals of the emulator litigation, but I imagine they had a better imminence argument at the beginning of the case: consider what they had to lose there - people don't buy the $100+ (and relatively well-selling at the time) units, people have the emulator tech readily available over the Internet (think about why permanent injunctions are useless against spammers), and the royalties each game maker pays Sony for each game customers buy. Not quite that same urgency here.

Heffenfeffer wrote:

Second, can RoXoR claim that arcade owners are installing their ITG kits improperly? In page ten of the official ITG manual it clearly states to remove all existing stickers and the marquee before applying ITG stickers. Can they claim that the trademark dilution falls on the part of arcade operators that don't follow directions? As a special 20-20 hindsight bonus, could RoXoR have been in the clear on Counts II-VII if they put up a "In The Groove is not liscensed by or in any way affiliated with Konami(R), nor Dance Dance Revolution(tm)" screen in attract mode or somesuch?


Doesn't matter for a "dilution" case, as I mentioned in another reply to someone. It is the confusion generally that people (especially kids, read the complaint on who Konami claims Roxor is targeting!!!) will have looking at a modded cabinet, thinking, hm, must be another Konami product, and play. Konami will argue this reaction happens regardless of whether its labelage is completely taken off or not, whether there is a disclaimer or not. Because that's how "famous" their IP mark is.

It's the reaction that Konami somehow endorses ITG and Roxor counting on that very reaction, panels up or not, that will keep this claim alive. Konami is making a strategically sound pleading by saying it is the young ones that will have this reaction. You and I can tell the difference all well and good, but not those "impressionable young minds." E1.gif

Heffenfeffer wrote:
Third, I'm fairly sure I understand Counts II-VII about trademark dilution (and correct me if I'm wrong, but those all center around displaying DDR/Konami stickers on ITG.) However, I don't understand the first count on what Konami claims is patent infrigement - what is Konami claiming infrigement on? The hardware? The software? The total package? A removable box replacing some of DDR's internals? It seems like it's not focused on any specific violation (and perhaps this is intentional.)


Seems like everything, and you are right, that is totally intentional. Again, it's a pleading, so plead away. Roxor can deny counts in its reply trying to separate each part out. Konami can amend to take out parts of the "kitchen sink" allegation it's making.

Heffenfeffer wrote:
Thanks for helping to sort out the court docs.


No prob. Glad to help. I would ask the mods if I can get assigned as a Legal Analyst on this case ... but I doubt they could get me on Court TV. Orange Lounge Radio ... maybe.

Another response generally to people: Roxor should be quiet. Remember your TV shows: "Anything you say can be used against you in a court of law." Well, that's quoting from Miranda on the criminal side. But ditto on the civil side. Comments to the media are totally fair game in complaints and totally discoverable as exhibits later at trial. You are unlikely to hear anything from Roxor other than a willingness to defend the suit and refute Konami's claims. It could take a potshot at Konami stifling creativity or market diversity, but that can be jumped on so fast in a reply brief or counter press release that it's not worth it.
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TCBCR.Toastercookie
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387. PostPosted: Thu May 12, 2005 12:11 pm    Post subject: Reply with quote

Good post, Sage. I'm glad there are at least some intelligent people on this board who know what they're talking about.

Remember kids, this lawsuit is about the use of ITG BoXors in already existing DDR MACHINES. This has nothing to do with home versions, and nothing to do with the anticipated new ITG2 cabinet. As long as RoXoR Games isn't crippled too much by this lawsuit, we should still see the release of those games.
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AuntieM
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388. PostPosted: Thu May 12, 2005 12:12 pm    Post subject: Reply with quote

Just looked briefly at the patent and complaint and I have three comments:

First, I object to Konami implying that older adults do not play DDR (Section 27 of the complaint). disgust.gif

Two, which marks is the complaint referring to? I've wondered about the design of the arrows themselves. Do the attachments discuss the marks specifically?

Finally, I hope and pray that RoXor and ITG will flourish despite this. Konami needs some competition.
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389. PostPosted: Thu May 12, 2005 12:17 pm    Post subject: Re: A tiny bit of legal analysis Reply with quote

Lost_Sage wrote:
No prob. Glad to help. I would ask the mods if I can get assigned as a Legal Analyst on this case ... but I doubt they could get me on Court TV. Orange Lounge Radio ... maybe.


We can make that happen, if you're interested. Even if we were your sloppy seconds E10.gif

It's going to be a very interesting show on Sunday. Yeah OK so that was a cheap plug. I'm still trying to sort through this all. I've said bits and pieces on LJs and smaller discussion forums, but I'm kind of waiting to see what else develops over the next few days.

Either way, between this and E3, this is shaping up to be the busiest news month this community has ever seen E11.gif
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390. PostPosted: Thu May 12, 2005 12:49 pm    Post subject: Reply with quote

Talk about it in your podcast, if you don't mind. I always forget to listen to the normal show :X
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sly rax
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391. PostPosted: Thu May 12, 2005 1:20 pm    Post subject: Reply with quote

Sk37ch wrote:
I mean, aside from posts on DDR freak, what economic proof does Konami have that DDR pulls in juicy revenue when most people agree that about 85% (just a rough estimate) of the machines in the US are bootlegs? Konami certainly doesnt collect that money. Its like if i rent Fatal Frame II for PS2 from Blockbuster, which is made by Tecmo, and burn a copy for my friend and sell it to him for 10 bucks. Im sure somehow, Temco collects some kind of royalties from Blockbuster for being able to rent out their game, but me burning a copy for my friend wont get Tecmo anything.

Therefore, in general, before Roxor made In The Groove, Konami had no tangible evidence that DDR was popular in the arcade. In fact, maybe they figured it was dying or something because a) they closed their arcade divisions, and b) arcades in general arent doing too well. All of a sudden, a legit company produces a dancing game andhas figures to show how much money it makes (or some form of proof) and Konami actually see's the impact that 4-arrow dancing simulation has on America. This may very well be the case.


I have not read through the entire thread, but here is what my understanding is:

Konami is well aware of the bootleg machines, and they are indeed profitting from them in a very indirect and very intangible way. The machines are free advertising for Konami and for DDR. People see the game in the store, and they think about the game in the arcade. They know this is how it works, and they do not call the arcades on illegal bootlegs and threaten legal action. It helps establish Konami and DDR as brand names for people to turn to when they think of dancing games.

Now, in steps ITG. They are converting these machines to ITG. They are making it look like DDR is the old and ITG is the new. ITG shows up in stores sitting next to DDR games (soon), and the people believe ITG is the new and DDR is the old. If your product is not perceived as fresh and new, it will not grow in sales.

While it may seem like Konami felt arcade was dead in the US, they instead may think of it as a powerful free tool to make people want to buy the DDR games for consoles. ITG's actions threaten to take away that advantage gained by the arcade machines, so Konami feels threatened. Their feeling is probably justified, since each new ITG in the arcades is one less DDR in the arcades.

Now, whether the claims are justified is for the courts to figure out, but Konami's need to fight seems to be justified.
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V4shTheStampede
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392. PostPosted: Thu May 12, 2005 1:27 pm    Post subject: Reply with quote

Quote:
I don't know if this has been brought up before, but this suit seems like it would be akin to modding kits for cars. The comparison would be Ford or Chevrolet or Mazda suing kit companies because the kits, when applied to vehicles owned by consumers, would give the car a possibly inferior presence/appearance while still sporting the Ford/Chevy/Mazda logos.

On that purely simplistic level, it would seem that Konami's argument regarding mark dilution would be meaningless. Wouldn't it be equally bad for people to think a Mazda comes stock with a badly bolted spoiler and poorly applied appliques? And yet, kits are freely available for several makes and models of vehicles. The same should, I would think, apply to RoXoR selling kits to modify DDR machines. As long as RoXoR does not sell pre-converted DDR machines as though they were ITG machines, I don't see why Konami would be able to use the sale of conversion kits as any kind of valid complaint.


I don't think that analogy works, because the car brand is still the same. I think a better analogy would be if you were at a store, and the sign said K-Mart, but everything inside the store screamed Wal-Mart. Which one is more advertised? The K-mart sign or the Wal-Mart store? That's more of Konami's situation.

If I read it correctly, didn't it say all ITG machines and advertisements had to be destroyed? laugh.gif
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393. PostPosted: Thu May 12, 2005 1:36 pm    Post subject: Re: A tiny bit of legal analysis Reply with quote

skie wrote:


We can make that happen, if you're interested. Even if we were your sloppy seconds E10.gif


Quite the contrary. Court TV only lets attorneys talk. The kind that like to hear themselves talk. Not terribly fond of the network. Plus, they probably wouldn't cover this case - not enough "gloom and doom" factor.

On the other hand, you guys are non-stop entertainment. So it has nothing to do with rankings -- an alternative is a better way of putting it. E1.gif
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394. PostPosted: Thu May 12, 2005 1:41 pm    Post subject: Reply with quote

Cutriss wrote:
Bemani Dog wrote:
They won their lawsuits against Andamiro, and actually gave them the concession never to sell another arcade machine in North America.
GIMME AN "R"!

GIMME A "U"!

GIMME AN "M"!

GIMME AN "O"!

GIMME ANOTHER "R"!

WHAT'S THAT SPELL?


It's not a rumor. Konami sued andamiro back in 2002 and andamiro settled out of court and agreed to pay royalties on the machine. The funny thig was that after andamiro settled and signed all royalty documents, the courts favored andamiro. Do a search on google for Konami vs. Anndamiro. There will be a site 1 or 2 links down eith a news post about it from back in sept. 2002 when the lawsuit was over.
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395. PostPosted: Thu May 12, 2005 2:03 pm    Post subject: Reply with quote

Sk37ch wrote:
Theres even an arcade in Long Island, NY, that removed their extreme machine because on Extreme it says "For Distribution In Japan Only" or something like that.
Which?
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396. PostPosted: Thu May 12, 2005 2:06 pm    Post subject: Reply with quote

S1N3d dW17 wrote:
Sk37ch wrote:
Theres even an arcade in Long Island, NY, that removed their extreme machine because on Extreme it says "For Distribution In Japan Only" or something like that.
Which?


Yeah we have to laugh at these people
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397. PostPosted: Thu May 12, 2005 2:07 pm    Post subject: Reply with quote

djp -bemanistyle- wrote:
Cutriss wrote:
Bemani Dog wrote:
They won their lawsuits against Andamiro, and actually gave them the concession never to sell another arcade machine in North America.
GIMME AN "R"!

GIMME A "U"!

GIMME AN "M"!

GIMME AN "O"!

GIMME ANOTHER "R"!

WHAT'S THAT SPELL?


It's not a rumor. Konami sued andamiro back in 2002 and andamiro settled out of court and agreed to pay royalties on the machine. The funny thig was that after andamiro settled and signed all royalty documents, the courts favored andamiro. Do a search on google for Konami vs. Anndamiro. There will be a site 1 or 2 links down eith a news post about it from back in sept. 2002 when the lawsuit was over.


The RUMOR is that Konami made a concession to stop distribution of DDR arcade machines in North America, which is blatant BS, speculation from people who apparantly do not like to put a lot of effort into THINKING through information to make intelligent speculations. Does it make any sense for Konami to win a lawsuit/settlement and then give the competition sole distribution rights for a product that competes with their own? NO! Konami has no arcade division in North America now. Period. That is the most logical reason behind no new America arcade DDR mixes. As for anything you read on the interweb, consider the source. Most anything I've read that tries to claim Andamiro came out ahead is from a Korean news source. Hmmm...information favoring a Korean company over a Japanese company reported by a Korean news outlet, a news outlet from a country with very strained relations with Japan right now? HMMM...
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398. PostPosted: Thu May 12, 2005 2:12 pm    Post subject: Reply with quote

djp -bemanistyle- wrote:
It's not a rumor. Konami sued andamiro back in 2002 and andamiro settled out of court and agreed to pay royalties on the machine. The funny thig was that after andamiro settled and signed all royalty documents, the courts favored andamiro. Do a search on google for Konami vs. Anndamiro. There will be a site 1 or 2 links down eith a news post about it from back in sept. 2002 when the lawsuit was over.
That link says nothing about the settlement's terms at all, as Wolfman Jake points out.

Further...
djp -bemanistyle- wrote:
The funny thig was that after andamiro settled and signed all royalty documents, the courts favored andamiro.
Source?

Why would the courts favor Andamiro after the settlement was accepted? They wouldn't comment further on the case if the case was resolved, as that it a *very* bad thing for a judge to do. Remember Judge Penfield Jackson? He did that with the DOJ v. Microsoft case, and got reprimanded heavily for it.
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399. PostPosted: Thu May 12, 2005 2:17 pm    Post subject: Re: A tiny bit of legal analysis Reply with quote

Lost_Sage wrote:
Quite the contrary. Court TV only lets attorneys talk. The kind that like to hear themselves talk. Not terribly fond of the network. Plus, they probably wouldn't cover this case - not enough "gloom and doom" factor.

On the other hand, you guys are non-stop entertainment. So it has nothing to do with rankings -- an alternative is a better way of putting it. E1.gif


Aww, just when I think everyone's gone nutso, you gotta go and be nice. Let's talk.

I'm still not sold on the Konami vs. Andamiro thing although I did do a google search on it. I still have yet to see something concrete that says that as part of the settlement, Konami would stop making USA DDR. Everything I've seen to date, including the link I got on google, indicates that Andamiro was the only one to suffer some kind of loss. That story was posted almost the same day as Konami's own release which indicates that US lawsuit was dropped as part of the settlement (Paragraph 3). If someone has a link that directly states something to the contrary, and is *not something you are speculating from the document, but it is clearly spelled out*, please share so we can sort that out.
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