eldavojohn writes "Jack Thompson was disbarred last year in Florida, putting a halt to annoying lawsuits targeting game makers and the constitutional rights of gamers. Well, he had appealed to the United States Supreme Court (scheduled to be heard last Friday) to get this overturned, but instead they declined to even hear his appeal. They wouldn't even give him the time to review his appeal, so it appears his disbarment for life stands. Florida had declined to file a response to Thompson's appeal, and it turns out they didn't need to. Sad day for Jack Thompson, but a great day for gamers everywhere." This comes shortly after Thompson was frustrated by the vetoing of some legislation he promoted in Utah.

On Monday Bethesda announced a new title in the popular Fallout series called New Vegas, set for release sometime in 2010. It's planned for the PC, Xbox 360, and PS3. They said it wasn't a sequel to the highly-acclaimed Fallout 3, but rather a brand new game set in the same universe, though they confirmed that it will be similar in style to Fallout 3. The new game will be developed by Obsidian Entertainment, a studio containing members of the original Fallout team, which Bethesda's Pete Hines discussed in an interview with Shacknews. The Fallout series also made headlines earlier this week when Bethesda trademarked the name for TV and film.

GameBiz recently had the chance to speak with Brad Wardell, CEO of Stardock, about pricing and distribution within the games industry. Wardell follows up a bit on the Demigod piracy fiasco from a few days ago, and mentions that retail outlets may be on their way out. "Retailers need to be careful about this stuff. They're kind of signing their own death warrants once they push digital distribution at the store. Once you have the thing set up — once you've experienced how to purchase the game or deal with it online — why would I go back to the store for the next purchase? Especially if the store isn't providing added value. If you're a retailer, you're killing yourself. If I can't get a game off Impulse, I'm going to Steam. I like stores, but I'm really lazy."

Karen Hertzberg writes "Since the earliest days of MMO gaming, beta testing has played a pivotal role in the success or failure of our persistent worlds. We've come a long way since the initial tests of Ultima Online and The Realm, but what role do our current beta tests play in the potential outcomes of unreleased titles? To answer this question, Ten Ton Hammer turned to current and former beta decision makers at Cryptic Studios, NetDevil, Sony Online Entertainment, Funcom, and Mythic Entertainment. Some of their answers — and the information they reveal — may surprise you."

Parz writes "In June, Nintendo will be releasing a peripheral called MotionPlus. This small device attaches to the bottom of the Wii-mote and acts as a more sophisticated motion-sensor to the controller as it currently stands. Its goal is to bring greater parity between a user's movements and the animations that they bring to life on-screen. Gameplayer got some hands-on time with the device, and they are extremely impressed." The MotionPlus will only affect new games; Nintendo has said they have no plans to add support for older titles. Virtua Tennis 2009 will be the first game to support it, and Eurogamer has a look at the game both with and without the MotionPlus.

As traditional news media struggles to find a new method and business model for dissemination over the internet, some are suggesting that news-related games could be an avenue worth pursuing. Rather than using such games solely as entertainment, journalists could make some of their reports more educative and interactive, allowing readers to choose which threads of a story they would like to follow. Georgia Tech is currently running a research blog to better understand how games and journalism can interact. "The point to consider here is that the two processes do not have to be mutually exclusive, and may even be complementary. Just a couple of years ago, we were wondering if the blogosphere was trivializing journalism; now, most of us, including traditional journalists, are willing to accept the fact that the two can not only live in harmony but also play off of each other. Similarly, online games could help break down complex topics, and stimulate audience interest in the more mundane ones."

The recently released Grand Theft Auto: Chinatown Wars is one of only a handful of mature-rated titles for the Nintendo DS, so the industry is watching closely to see if the traditionally family-friendly market can support such titles. While sales have not been stellar, they haven't been terrible either, easily outperforming previous M-rated titles. If they continue to improve, it's possible we'll start seeing a more consistent effort for "serious" games on Nintendo's portable console. "In the end, Singer said Nintendo hopes that the sales story of Grand Theft Auto: Chinatown Wars will be an encouraging one for game publishers. 'I think strategically, this is a very important game because it helps send the message that great M-rated content can come to the platform and will find a home.'"

tyen writes "Ubisoft has announced the shutdown of Shadowbane, the first major, fantasy role-playing MMO with true PVP (full asset destruction possible). The shutdown will take place in about two weeks, at the start of May. No official reason has been given by Ubisoft, but running an MMO for free for the past three years, with no significant improvement in market growth during that period, could play a part in the decision. There's been no response from Ubisoft yet on calls to open source the code. "

Demigod is an RTS/RPG hybrid developed by Gas Powered Games and published by Stardock, a company notable for their progressive and lenient stance on DRM. The game was set to be released on April 14th, and shipped without any form of copy protection. Unfortunately, retailer Gamestop broke the street date and released it earlier in the week. A day after pointing this out, Gas Powered Games posted some numbers about the players hitting their servers. Roughly 18,000 connections were made from legitimately purchased copies; over 100,000 were made from pirated copies. Meanwhile, the servers, which were not yet ready for that level of traffic, buckled under the strain, resulting in poor experiences for people trying to participate in multiplayer. While some reviews were positive, others criticized the game for the connectivity issues. After another day, they were able to stabilize the servers to the point they'd planned on for the original launch.

A post on the Left 4 Dead blog shares details of the Survival Pack downloadable content due out next week. It will be free, and available for both the PC and Xbox 360 versions of the game. "Our goals for Survival Mode are to deliver a mode of play distinct from Campaign or Versus, have games that regularly last under ten minutes, and emphasize competition with team play through leaderboards. Survival Mode draws on the planning and communication aspects of a successful Finale or Crescendo event, while taking it to another level. It rapidly hits a fever pitch that only a well coordinated team will be able to successfully survive. ... Given the extreme pace of Survival Mode, the number of zombies killed in a single round often outnumbers an entire campaign."

Superhero MMO City of Heroes recently went live with its 14th expansion (release notes), one of the main features of which is the Mission Architect, a system to allow players to create their own quest content and then submit it to be implemented into the game. Now, Joe Morrissey of the City of Heroes team has written an article about how they plan to manage the content that players create. "You have to decide how draconian you want to be. The more hardcore you are, the fewer people who will see inappropriate content, but you expose yourself to potential grief voting. Grief voting is when a player flags perfectly acceptable content as inappropriate just because it's fun. If it only takes a single vote to eliminate content from the game, clicking that button is going to be the game for a lot of players. You don't want perfectly good content getting pulled because someone's a jerk."

A demo for the PS3 version of Final Fantasy XIII was released in Japan this week, and people have had a chance to try it out and report back. In fact, video footage of the demo in its entirety was streamed and then posted on YouTube shortly after finding its way into customers' hands. Eurogamer got a chance to give the demo a test-drive, and they had this to say: "The characters are likeable — Lightning for her mysteriousness, the members of NORA for their banter and camaraderie — the setting is compelling, and the whole thing is as sumptuous visually as you'd expect of a next-generation Square-Enix title. The plot's the only thing that I couldn't get a definite feel for from the demo, beyond the basic set-up of an oppressive regime, a resistance fighting against it and a character with mysterious powers brought to aid them in a twist of fate. But forty minutes with Final Fantasy XIII have left me with nothing but anticipation for what else it has in store."

Gamespot is running a feature looking into the facts behind gaming addiction: what it is, whether it exists, and why the need still exists for objective research into the issue. Quoting: "[Richard M. Ryan, a psychologist and professor of psychology, psychiatry, and education at the University of Rochester in New York] thinks the lack of quality research into video game overuse will be rectified with time as games become more sophisticated in the ways they satisfy people's psychological needs. 'We have a lot of people, some in the media and some in the sciences, who are too ready to make very strong claims about video games, whether we are talking about aggression, addiction, or cultural estrangement, based on very little evidence. I think that is especially how the media often sells stories. Some commentators exaggerate risks, and on the other hand there are defenders of games who deny any and all problems and attack any perceived bad news. Games are relatively new in our culture, and such vacillation between hysteria and denial I suspect often greets any new phenomenon, from hip-hop to the Internet to video games. Both sides usually have some part of the truth, but it may be a while before at least we as scientists, much less as a society, have a coherent understanding.'"

G4 had a chance to try out the upcoming Bionic Commando title due out in May. The game is a sequel to the NES version from 1988. Their impression is mostly positive: "The gameplay is fast and exciting, but a little light on combat, at least during the first level. There are also challenges that unlock upgrades for Nathan. These could be as simple as doing five zip kicks or as complex as killing a specific enemy with a specific move. It's a great way to add depth to the game and encourage the player to use all of the moves available to them." However, they do criticize the game's linearity, where movement is often restricted by arbitrarily placed radiation clouds. Capcom recently announced that a demo for the game will be available in the coming weeks.

eldavojohn writes "Yesterday, GamePolitics ran an interesting story about the Utah Senate President threatening Jack Thompson with the CAN-SPAM Act. You might recall Utah being Jack's last hope and hold-out after being disbarred in Florida and more or less made a mockery everywhere else. Well, from Utah's Senate Site, we get the picture of what Jack is up to now: spamming his last friends on the planet. The Salt Lake Tribune is reporting on Senate President Michael Waddoups' statements: 'I asked you before to remove me from your mailing list. I supported your bill but because of the harassment will not again. If I am not removed, I will turn you over to the AG for legal action.' The Salt Lake Tribune reports that Waddoups confirmed on Tuesday that he would attempt to pursue legal action under the federal CAN-SPAM Act of 2003 against Jack Thompson."

Last month we discussed reports that Xbox 360 consoles were experiencing an increased number of "E74" errors. Now, Microsoft has announced that they're extending the three-year warranty originally designated for "general hardware failures" (read: Red Ring of Death) to include E74 repairs as well. From the support page post: "... we are aware that a very small percentage of our customers have reported receiving an error that displays 'E74' on their screen. After investigating the issue, we have determined that the E74 error message can indicate the general hardware failure that is associated with three flashing red lights error on the console. ... Microsoft will refund to customers the amount paid for an out of warranty repair due to a general hardware failure associated with the E74 error message."

On Tuesday Blizzard rolled out the first major content patch for World of Warcraft since the launch of Wrath of the Lich King last November. The 3.1 patch includes the long-awaited dual-specialization feature, which allows players to quickly and easily switch from one set of talent choices to another. Action bars and glyph choices change as well. The patch also includes a new end-game raid dungeon, Ulduar, which expands upon the variable difficulty modes Blizzard has recently experimented with. The instance contains 14 bosses, 10 of which have an optional "hard mode" that players can attempt for better rewards. In addition, the patch contains a host of class balance changes, bug fixes, and UI improvements. You can see the full patch notes at Blizzard's website, and a brief trailer is also available.

Erik J writes "Braid creator Jonathon Blow has revealed that a map editor and image tool will be added to the popular puzzle game. First, though, Braid will receive a patch to fix some issues players have reported. Blow explains: 'After I get a new version out in a few days that fixes the problems some people are having, and when more people have played/finished the game, I am going to post some documentation for the editor. The way it works is you can make levels with the editor (up to a full game, potentially) and run that with -universe later... also a tool will be released that lets you take Photoshop files and import them into the game, if you want to put new graphics in your levels.' It is unclear if these capabilities are coming only to PC or to the Xbox 360 version as well."

spidweb writes "Indie gaming blog The Bottom Feeder has an article on why independent games should be more expensive. The enforced low prices on XBox Live, Amazon, and iTunes might feel good now, but they'll kill off the variety and depth gamers are hoping indie developers can provide. From the article: 'Every year, life is getting more and more expensive. Insurance. Rent. Food. And, at the same time, games are getting cheaper and cheaper, sometimes as cheap as a dollar, as we engage in a full speed race to the bottom. This is not going to help developers stay in business. This is not how a healthy industry is maintained.'"

Gamasutra has an interview with Pete Hines, product manager for Fallout 3, about Bethesda's philosophy for DLC, and how it's changed over the years. Quoting: "All these people are out there playing our game by the hundreds of thousands on a daily basis and we want to be able to bring those folks something they could do in a much shorter time frame, rather than just saying, 'See you next year.' That instantly ruled out doing a big expansion because those things just take so damn long to do. So we started looking at the biggest stuff we'd done that people really liked, but that we could do in smaller, digestible chunks. That's where we came to the Knights of the Nine model — it's substantive and it adds multiple hours of game play and new items, but we can do it in a time frame that allows us to get it out without waiting forever. That's what we've gone for with Fallout 3."