An anonymous reader quotes a report from Motherboard: Nintendo has won a lawsuit seeking to take two large retro-game ROM sites offline, on charges of copyright infringement. The judgement, made public today, ruled in Nintendo's favor and states that the owners of the sites LoveROMS.com and LoveRETRO.co, will have to pay a total settlement of $12 million to Nintendo. The complaint was originally filed by the company in an Arizona federal court in July, and has since lead to a swift purge of self-censorship by popular retro and emulator ROM sites, who have feared they may be sued by Nintendo as well.

LoveROMS.com and LoveRETRO.co were the joint property of couple Jacob and Cristian Mathias, before Nintendo sued them for what they have called "brazen and mass-scale infringement of Nintendo's intellectual property rights." The suit never went to court; instead, the couple sought to settle after accepting the charge of direct and indirect copyright infringement. TorrentFreak reports that a permanent injunction, prohibiting them from using, sharing, or distributing Nintendo ROMs or other materials again in the future, has been included in the settlement. Additionally all games, game files, and emulators previously on the site and in their custody must be handed over to the Japanese game developer, along with a $12.23 million settlement figure. It is unlikely, as TorrentFreak have reported, that the couple will be obligated to pay the full figure; a smaller settlement has likely been negotiated in private.

thegarbz writes: Denuvo, the darling of the DRM industry was once considered by publishers to be the final solution to piracy. Slashdot has documented the slow decline of Denuvo from stories in 2014, and 2016 where publishers were praising Denuvo's success at mitigating piracy for weeks, to its slow decline last year where games were being cracked within "hours" of release. The popular wisdom of publishers in the past considered DRM worth while as it thwarts piracy during the critical sales spike when games are first released. Last week saw Hitman 2, the latest Denuvo protected game get cracked in a short time. The kicker, the game isn't officially released until this Thursday.

Publishers are now eroding the potential sale day advantage of DRM through the latest practice of offering games for early release in an attempt to secure an ever larger number of pre-orders for popular titles. This leads to the obvious question: Does DRM make financial sense to include in titles if they risk being cracked before release date? Conversely, does releasing games early to selected customers make financial sense if it results in the DRM being cracked before release?

Doxing rivals, stealing each other's files, and poking around Nintendo's servers are all a normal part of the ballooning Nintendo Switch hacking and piracy scenes. Joseph Cox, reports for Motherboard: The Switch piracy community -- much of which operates on the gamer-focused chat app Discord -- is full of ingenuity, technical breakthroughs, and evolving cat-and-mouse games between the multi-billion dollar Nintendo and the passionate hackers who love the company but nonetheless illegally steal its games. Pirates deploy malware to steal each other's files so they can download more games themselves. Groups deliberately plant code into others' Switches so they no longer work. And some people in the scene have been doxed, meaning they've had their personal information published online.

Pirating games for the Switch is not technically straightforward. Instead, there's a complex supply chain constantly grinding away that helps people source and play unreleased games. There are reverse engineers who figure out how Nintendo's own tools work, so hackers can then use them for their own advantage. There are coders who make programs to streamline the process of downloading or running games. Reviewers, developers, or YouTubers with access to games before general Switch users often leak unlock codes or other information to small groups, which then may trickle out to the wider community.

[...] To release a game, pirates may dump a copy from the physical cartridge; they can do this before the game releases in the United States by sourcing the cartridge from an Australian store, which releases earlier because of the time difference. But this only gets a game out one or two days before official release. For the more sought-after and early dumps, pirates often manage to grab a copy from Nintendo's eShop, the company's digital download game store that is built into the Switch. Here, pirates will likely use a piece of hacker-made software on their computers to talk to Nintendo's servers, one pirate who uploads large archives of games explained to Motherboard in an online chat. The files can sometimes be downloaded early by anyone (by design), and are encrypted and need a so-called "titlekey" to unlock them and make the game playable. Further reading: Nintendo 'Wins' $12 Million From Pirate ROM Site Operators.

Question: what is entertainment's highest-grossing weekend debut of all time? Hint: It only took place two weeks ago. From a report: It was claimed by a Western-themed video game called Red Dead Redemption 2 -- the second in a series dubbed 'Grand Theft Auto on horseback' -- which generated over $725m in just three days. The wording above ('highest-grossing weekend debut') has been carefully chosen. Because the highest-grossing entertainment launch of all time actually kicked off on a Tuesday, in September, 2013. That launch was Grand Theft Auto V, another video game, which grossed more than $1bn during its opening 72 hours on sale. Both Red Dead Redemption and Grand Theft Auto are made by Rockstar Games -- a New York-HQ'd interactive entertainment company famed for its ability to bring filmic sophistication to the world of PlayStations and Xboxes, and for its ability to generate billions upon billions of dollars by doing so.

Ready for this? The Grand Theft Auto franchise, and the core team behind Rockstar's success, were, unbelievably, both once part of the music business. They were allowed to leave 20 years ago. For an absolute pittance. Let's rewind. Back in 1990, London-born Sam Houser, aged 19, landed a dream first job -- working in the post-room at BMG's UK HQ. Houser then supplemented his university studies by continuing to work at BMG for the next four years, focusing on pop music videos and VHS releases. By 1994, he'd graduated, and took a full-time role within BMG's new interactive entertainment division. Houser, it turned out, had a natural talent for 'A&R'ing' video games -- spotting titles that would sell big and signing them up as a label would an artist -- and, by 1996, he was named Head of Development at BMG Interactive in the UK. Got your palm located somewhere roughly near your forehead? Good. Prepare for the two to forcibly meet.

Interactive released Grand Theft Auto, a 2D action-adventure game, which saw players fulfilling the objectives of criminal overlords across three cities. The title was a commercial smash in the US and Europe -- yet it emerged amid serious corporate turbulence. In March 1998, convinced that its foray into video games had been a waste of time and money, BMG -- under the instruction of owner Bertelsmann -- agreed to sell off BMG Interactive. According to Sam Houser, BMG let the company go, to New York-based Take Two Interactive, for a total consideration of $9m. (For those who can see where this narrative is going: Red Dead Redemption 2 generated that $9m back within an hour of going on sale last month.) The story doesn't end there.

The Chinese government doesn't want children playing games for several hours every day. It said as much in a public notice from August. Now, Tencent is going along with that recommendation. The world's biggest gaming company started pushing out its new "real name identity system" (RNIS) across China on November 1, according to market intelligence firm Niko Partners. From a report: This program aims to mitigate concerns about addiction and myopia in children. It limits people 12 and younger to an hour of gaming per day. And it forces every player to register themselves in the game with their real name and government ID. Of course, this program isn't new. Tencent introduced a version of its RNIS in May 2017. That also required players to register their age, but it was easy to fool. In September, however, the publisher revised and strengthened the program. And the government also stepped in to help. Regulators are providing Tencent with access to a massive list of every person who lives in China.

Microsoft will add mouse and keyboard support to the Xbox One next week, the company announced during its X018 gaming event. From a report: In a surprising twist, Fortnite will be one of the first games to take advantage of the new feature. This update has been discussed for years, but the feature was given a concrete launch window back in September of this year, when Microsoft claimed that Warframe would be playable with a mouse and keyboard in October. The free-to-play first-person shooter will still be among the earliest games to enable this control option. Here's a roundup of everything else Microsoft announced at the gaming conference.

"It's the biggest chess event of the year as World Champion Magnus Carlsen will try to defend his title against the American challenger Fabiano Caruana," reports Chess.com -- which is webcasting game two right now (7 a.m. PST, 3 p.m. London/GMT).

After seven grueling hours and 115 moves on Friday, the first game of their 12-game competition ended in a draw -- though challenger Caruana acknowledged that "I was quite fortunate to end up with a draw... I was outplayed after the opening... I think I was clearly losing, for a long time I was losing." This was not the most pleasant experience to defend this extremely long game with white. I think I was quite fortunate to end up with a draw... There was definitely a lot of nerves. It is a very different feeling playing the first game of a world championship match.... Normally with white you shouldn't be too happy with a draw, but considering my position I am very happy. I am relieved to have escaped."
Slate reports Caruana has spent $50,000 on chess coaching just in 2018 in hopes of claiming the 1 million euro prize. Ironically, the match's "ceremonial starter", actor Woody Harrelson, bungled Caruana's first move by knocking over his king -- and then by moving the wrong pawn. "Caruana was ready to accept the mistake and continue with the match before officials gave Harrelson a third chance and he finally moved the correct piece."

Defending champion Magnus Carlsen later admitted that "I couldn't quite find the knockout before the time trouble.... I tried to find a way to exchange in order to play for a win, but I couldn't find it. Then I just moved around hoping to force a blunder, but I didn't succeed."

Prima Games, the publishing company that has printed video game strategy guides since it was founded in 1990, is shutting down. "The label will no longer publish new guides starting now, and it will officially shutter in the spring," reports Kotaku. From the report: Thanks to the rise of sites like GameFAQs -- and major gaming publications like IGN commissioning their own online guides, which bring in monstrous amounts of traffic -- print strategy guides have struggled for years now. In 2015, Prima purchased and swallowed its biggest competitor, BradyGames, and has been consistently churning out guides for both print and the web, but it wasn't enough to survive what the company called "a significant decline" in the world of print video game guides.

Ukrainian vulnerability researcher has found a bug that would have allowed him to download all the activation keys (also known as CD keys) made available through the Steam gaming platform, for any game, ever. From a report: Discovered by Artem Moskowsky, the bug resided in Steamworks, a platform that Valve runs to help developers with building and publishing games via its Steam gaming client. Moskowsky found the bug in a Steam web API located at partner.steamgames.com/partnercdkeys/assignkeys/. This is the API that lets game developers or affiliates retrieve CD keys made available to Steam users so their customers can activate a game installed via the Steam client. This API is accessible using a regular Steam account and takes several parameters, but the ones most relevant are appid (representing the game), keyid (representing the identifier of a set of CD keys), and keycount (representing the number of CD keys that Steam needs to return inside a CD key set).

Unannounced, unadvertised freebie lands ahead of Microsoft's X018 conference. PUBG, the game that kicked off an international "battle royale" gaming sensation, is currently free for all Xbox One owners. From a report: Even if you do not have a paid Xbox Live Gold subscription, you can head to this link and claim what appears to be a permanent copy of the game for your Microsoft Account. Timed trials of Xbox One games tend to be exclusive treats for XBLG subscribers. Bizarrely, the Konami soccer game PES 2019, which launched at a standard $60 retail price point in August, is also free to claim as of today. (Here's that link.) Of course, there is the caveat that these games' giveaways could be yanked from accounts by Microsoft at any moment. In the meantime, we suggest clicking first, asking questions later. Update: Microsoft says the games will be free only till November 11.

Microsoft is using Minecraft to help employees get acquainted with a refresh of the company's campus in Redmond, Washington. CNBC reports: Earlier this year, Microsoft enlisted Blockworks, a company that uses Minecraft's digital building blocks for designing real-world projects, to create a miniature rendering of the campus facelift, which is scheduled for completion in 2022. They're using graphics that are far more immersive than two-dimensional photos and videos.

While Minecraft was designed for gamers, its immersive nature and the ability to quickly move around and construct edifices makes it easy to see how new buildings will look when inserted into an existing landscape. [James Delaney, a managing director at Blockworks] said Minecraft forces designers to sacrifice some accuracy because structures in real life don't always have the game's squared-off look, but the speed and ease of use more than made up for those deficiencies. It might take just 10 minutes to wrap up a single building, he said. Microsoft employees -- and anyone else with the education edition of Minecraft -- can now take a digital tour of the new campus and see how plans are developing. Outside of Microsoft, that access requires a subscription to Office 365 Education.

China's Tencent will soon require gamers to prove their ages and identities against police records, according to a new official statement yesterday. Under the new system, users will need to register their Chinese national IDs in order to play any games from Tencent. The Verge reports: Ten mobile games will get the new verification system by the end of the year, and all games offered by Tencent, including PlayerUnknown's Battlegrounds and League of Legends, will get the system by 2019. Tencent has been criticized by state-run People's Daily, which called Arena of Valor "poison," after reports that students were ditching their homework to play the mobile game.

Tencent has also faced direct regulatory pressure this summer, after President Xi Jinping pointed out that too many children were nearsighted and said the government was taking action. Beijing officially ruled to ban new games, cementing an unofficial pause that started back in March, costing Tencent up to $1.5 billion in lost revenue as it was unable to launch games it had been developing. In September, Tencent imposed the new verification system on Arena of Valor and created a feature that blurs the screen if minors look too closely at it. The new system simply enforces rules that Tencent had in place since last year: barring gamers who are 12 and under from playing more than an hour a day and establishing a curfew of 9PM. Those who are 13 to 18 can play up to two hours a day. Still, the system won't prevent minors from borrowing the phones of their parents and other adults.

A new study published in the journal Emotion has found that playing the classic game of Tetris can help sooth the mind when you are awaiting uncertain news. The Week reports: The venerable video game was used in a recent experiment to create a state of flow -- the term psychologists use to describe a state of mind so engaged it makes the rest of the world fall away, and time pass more quickly. Researchers from University of California (UC) Riverside in the U.S. have found that state of perfect disengagement may improve the otherwise-emotionally unpleasant experience of waiting for uncertain news. In place of Tetris, in which blocks are flipped every which way and stacked into rows, one can substitute flow activities such as rock climbing, carpentry, playing chess, or swimming, researchers said.

For the research published in the journal Emotion, 290 undergraduate students were told the study would be about physical attractiveness. They filled out a questionnaire, after which a photo was taken of them. They were then told that students in another location would rate their physical attractiveness. While they were ostensibly being rated, the students were then asked to play Tetris for 10 minutes. [...] The participants who achieved flow -- those in the adaptive group -- experienced less negative emotion, and greater positive emotion than those who were bored, or for whom the level of play was too difficult.

A reader shares a report from Ars Technica: Mario Segale, the Seattle real estate and construction business owner who inspired the name for Nintendo's famous mascot, passed away on October 27 according to reports from The Seattle Times and The Auburn Reporter. He was 84 years old. Segale owned the business park housing Nintendo's American arcade operation in the early '80s, when the company was busy converting thousands of disused Radarscope cabinets to play Donkey Kong. At the time, Nintendo of America President Minoru Arakawa and other executives were trying to come up with an Americanized name for the game's player avatar, who was still referred to as "Jumpman" at that point (a name that appears on early Donkey Kong cabinet art). As the story goes, when Segale came to Arakawa to demand payment for a late rent bill, inspiration struck.

While the broad strokes of Segale's role in Mario's naming remain consistent, the particulars can change with the retelling. David Sheff's seminal Nintendo history Game Over suggests the executives exclaimed "Super Mario!" after Segale's visit in 1981 (though the book misspells his name "Segali"). As Benj Edwards notes in an in-depth 2010 exploration of the tale, though, the "Super" descriptor for the character wouldn't become common until the release of Super Mario Bros. in 1985. Other retellings over the years go so far as to suggest that the "Super" came from Segale's role as "superintendent" of the building, but these stories offer little in the way of direct evidence. Ars mentions a 1993 Seattle Times article that quotes Segale as joking, "You might say I'm still waiting for my royalty checks."

An anonymous reader quotes a report from Reuters: Those cute little apps your child plays with are most likely flooded with ads -- some of which are totally age-inappropriate, researchers have found. A stunning 95 percent of commonly downloaded apps that are marketed to or played by children age five and under contain at least one type of advertising, according to a new report in the Journal of Developmental & Behavioral Pediatrics. And that goes for the apps labeled as educational, too, researchers say. Often the ads are intrusive, spread across in a banner or even interrupting play, said study coauthor Dr. Jenny Radesky, an assistant professor of pediatrics at the University of Michigan and the University of Michigan C. S. Mott Children's Hospital.

Perhaps the most insidious ads are the ones you need to click a little "x" to get rid of, Radesky said. "The little 'x' doesn't show up for about 20 seconds," she explained. "If you're a 2- or 3-year-old you might think the ad is a part of the game. And you don't know what to do. You might click on the ad and that could take you to the app store. Many of these ads require you to do things before the 'x' will appear." Some ads are for products that aren't appropriate for kids, Radesky said. "I've seen banner ads for bipolar treatment in some of these apps," she added. One of the problems with these ads is that kids often can't tell where the game leaves off and the ad begins. "There's science to show that children aged 8 and younger can't distinguish between media content and advertising," Radesky said.

The researchers surveyed 135 of the most downloaded free and paid apps in the "age five and under" category in the Google Play store and found that 95 percent of them "contained at least one type of advertising, which included use of popular cartoon characters to sell products, teasers suggesting the purchase of the 'full' version of the app, and advertising videos that interrupted play to promote in-app purchases or purchases of other products," reports Reuters.

"Red Dead Redemption 2" broke records in its first three days on sale, pulling in more than $725 million in worldwide retail sales and achieving the biggest opening weekend in the history of entertainment, developer Rockstar Games announced. Here's a story from Bloomberg Businessweek that goes behind the scenes: In a compensation deal unique to the video-gaming industry, Sam and Dan Houser, the brothers responsible for Grand Theft Auto, will get the bulk of an expected $538 million in royalties Take-Two Interactive Software will pay to all employees for this year, according to an analyst. That's thanks in large part to their latest title, Red Dead Redemption II, due Friday. The British-born brothers and a few key insiders share half the profits of Rockstar Games, the Take-Two subsidiary that makes both titles, according to a lawsuit filed by a former employee. Last year, Take-Two distributed $383 million in what it called internal royalties. More than 2,000 Rockstar employees receive bonuses, a company spokesman said. Take-Two said its compensation programs allow employees to join in the success of software they help develop. The company declined to say how much of it went to the Housers. Gerrick Johnson of BMO Capital Markets estimated the brothers received the bulk.

"As long as Grand Theft Auto is chugging along, no one seems to care," Johnson said. The Housers' haul shows just how far video games have come since the days of Pong and Space Invaders. The industry is expected to bring in $138 billion this year, according to market researcher Newzoo. Red Dead II will sell at least 15 million copies by the end of the year, analysts said, at a retail price starting at $60 for the base package.

At the end of August, Valve announced a new version of Steam Play for Linux that included Proton, a WINE fork that made many Windows games, including more recent ones ,such as Witcher 3, Dark Souls 3 and Dishonored, playable on Linux. Just two months later, ProtonDB says there are over 2,600 Windows games that users can play on Linux, and the number is rapidly growing daily. From a report: When Valve Software launched Steam Play with Proton, it made it easier for gamers to play Windows games that hadn't yet been ported to Linux with the click of a button. Not all games may run perfectly on Linux, but that's also often the case with Windows 10, which can not play older games as well as previous versions of Windows did, even under Compatibility Mode. In only two months, the database of games that work with Proton has increased to over 2,600 -- more than half of the 5,000 Linux-native games that can be obtained through the Steam store.

In a series of rulings, the Library of Congress has carved out a number of exemptions that will help the movement to archive and preserve video games. From a report: In an 85-page ruling [PDF] that covered everything from electronic aircraft controls to farm equipment diagnostic software, the Librarian of Congress carved out fair use exemptions to the Digital Millennium Copyright Act (DMCA) for video games and software in general. These exemptions will make it easier for archivists to save historic video games and for museums to share that cultural history with the public. "The Acting Register found that the record supported granting an expansion in the relatively discrete circumstances where a preservation institution legally possesses a copy of a video game's server code and the game's local code," the Librarian of Congress said. "In such circumstances, the preservation activities described by proponents are likely to be fair uses."

These rules are definitely good news for single-player games. "The big change for single-player games happened during the last DMCA review process in 2015, when the Copyright Office decided that museums and archives could break the online authentication for single-player titles that were just phoning home to a server for copy protection reasons," Phil Salvador -- a Washington, DC-area librarian and archivist who runs The Obscuritory, a site that focuses on discussing and preserving obscure, old game -- told Motherboard. That 2015 ruling was due to expire this year, but thanks to pressure from activists it was renewed today instead.

According to a recently published paper by Microsoft Research team, the company could be looking to launch physical controllers for mobile devices. From a report: The research paper documents some of the popular solutions to gaming via a touch screen, while hailing the Nintendo Switch and PlayStation Portable (PSP) for circumventing touch-based control limitations with full joysticks and buttons. From the paper [PDF]: As smartphones and tablets have become pervasive, so has mobile gaming. Not surprisingly, popular games for these platforms are focused on touchscreen-based interaction. However, many types of game are less well-suited to mobile devices. Despite systems like AdaptControl which can adapt to the 'drift' typically occurring when using virtual on-screen controls, touchbased emulations of traditional gaming controls like Dpads, buttons and joysticks are often unsatisfactory.

Mobile gaming devices like the Sony PlayStation Portable and Nintendo's DS and Switch are dedicated mobile gaming platforms which overcome these limitations via physical controls. The success of the Switch is testament to the value of mobile gaming with physical controls. A number of cheaper products allow a smartphone to be clipped into or onto a modified handheld gaming controller; these include the ION iCade mobile, the GameCase, the GameVice and products from Moga. However, the fixed form of these accessories means they are bulky and inflexible.

An anonymous reader quotes NBC News: The California man behind a years-long string of hoax 911 calls -- including one that ended in a Kansas man's death -- wants to plead guilty to all charges, court documents revealed. Tyler Rai Barriss, 25, intends to waive his right to trial and admit guilt to a 46-count federal indictment, according to a document he signed on Oct. 18 and was filed in U.S. District Court on Wednesday. Barriss faces up to life behind bars for his dozens of acts of "swatting" -- calling police to falsely report a serious crime, in hopes of drawing a massive response to the home of an unsuspecting target.... According to the court records, Barriss will admit to dozens of "swatting" incidents all over America between 2015 and the end of 2017, The false alarms connected to Barriss happened in Ohio, Nevada, Illinois, Indiana, Virginia, Texas, Arizona, Massachusetts, MIssouri, Maine, Pennsylvania, New Mexico, Indiana, Michigan, Florida, Connecticut and New York.
Barriss performed SWATs if clients sent him $10 over PayPal -- occasionally demanding "upwards of $50," according to a new (possibly pay-walled) article on Wired. A Call of Duty player hired Barriss to SWAT a teammate who'd caused them to lose a $1.50 wager, but his intended target supplied a false address across town which resulted in the fatal police shooting.

Both gamers are now "awaiting trial on lesser charges," reports NBC.