Microsoft has maintained that the problems occasionally reported by Xbox 360 owners are not very prevalent; just a small percentage of 360s are faulty, they say. That may be so, but for one unlucky console owner it's taken seven faulty consoles for him to get customer service satisfaction. The Mercury News discusses the tale of Rob Cassingham, a self professed 'Xbox fanboy'. He and his wife Mindy run a gaming center, and were responsible (via direct purchases and through word of mouth) for more than a dozen 360 purchases. For his business, he had six machines ... and every one of them failed. Even one of the replacements for the original unit failed, and for every replacement he's had to wait two weeks to get a new system. As he puts it, "Why spend money for rims on a car that spends 90 percent of its time in the shop?" After the Merc's Dean Takahashi referred his case to Peter Moore, he finally received a new machine as a replacement for his most recent faulty model. Cassingham is still deciding whether to keep it or not.

Blackjack writes "Ars Technica looks at recent failures to pass laws regulating the sales of violent video games. They ask whether politicians are finally wising up to First Amendment issues and the costs associated with lawsuits resulting from the laws. Recent attempts to pass video game legislation in Mississippi, Utah, and Indiana have either failed or been put on indefinite hold. 'Now, state lawmakers are more cognizant of the constitutionality issues at stake. The judicial landscape is littered with the charred husks of laws passed by Illinois, Washington, Michigan, California, Louisiana, and others. All of them tried in some way or another to regulate the sale of violent video games to children, and all of them were struck down on First Amendment grounds.'"

Gamasutra is running a follow-up to their annotated contract piece from last month. As you may recall, the contract became public knowledge because of a court case between Spark unlimited and Activision regarding the title Call of Duty : Finest Hour. The article also covers a legal dispute between Spark/Activision and EA during the formation of the troubled development house. Now, the site is running an in-depth look at their legal dispute. The article explores some of the problems that can face any developer/publisher relationship, and how the legal case has affected that already strained situation. "A constant source of friction was Activision's desire to see a fully functioning game early in the development process. 'At Electronic Arts', he wrote, 'the level vision was able to be constructed without the constraints of frame rate, or memory to get the body of the game in and working,' a process which left polish until the end of the development cycle. 'However, under the more risk-averse Activision system, polish happens through the entirety of the process and there is a consistent desire to have the game playable on disc and running at 30 fps.'"

Ant writes "This HardCOREware review reports that the current video game console war takes an interesting twist as the power consumption levels of each of the three new consoles (Nintendo Wii, Sony Playstation 3 (PS3), and Microsoft Xbox 360) were explored. Video game playback, DVD playback, and other console functions were tested. One of the most interesting stats were the console idle power usage: 'Wii - 1.3 watts, Wii (Connect 24 On) - 9.6 watts, Xbox 360 - 2.5 watts, PlayStation 3 - 1.9 watts. Nothing significant here; you're looking at spending about $0.20 USD a month to keep the PS3 plugged in, which isn't much. The Wii requires 10 Watts to run Connect24 (which will connect to Nintendo's online service and notify you of system updates) racking up a cost of about $1 a month which is nothing too significant, but still about 5X more than if it were just turned off. Turn Connect24 off, and it's back down to normal.'"

Mondrian_was_a_square writes "When Sony launches the PS3 in Europe, consumers there won't be getting the same thing that US and Japanese buyers picked up at launch—they'll be getting less. Sony has just announced that the new revision of the PS3 will be less backwards compatible with PS2 games. 'Sony is looking to decrease the production cost of the Playstation 3, and they have opted to replace dedicated hardware with software that will replace its functionality. The hardware had been providing full backwards compatibility of PS2 games, but Sony makes it clear that the new configuration will not offer the same level of support. Certain PlayStation 2 format software titles may not perform properly on this system, the statement reads.'"

In April of this year, the Entertainment Software Ratings Board will move to using full-time reviewers to determine ratings for game content. With rumblings of 'play the whole game' legislation in the halls of Congress, the organization is pre-empting the problem by having full-time raters. The ESRB's Patricia Vance commented on the project: 'Having full-time raters will allow for each one to have greater experience actually reviewing content and recommending ratings ... this would provide each rater with a greater sense of historical parity for ratings, not to mention helping them to be more attuned to pertinent content and how it should be considered from a ratings standpoint. The full-time raters would also be responsible for play-testing final versions of the game, time permitting, which would allow for ESRB to play-test a greater number of games than it currently does.'

The little purple machine that could is no longer being manufactured. Hardware revisions are in store for the Nintendo Wii eventually. These announcements aren't terribly shocking, but they're still interesting admissions from Perin Kaplan, Vice President of Marketing & Corporate Affairs for Nintendo of America. GameDaily has the interview, which also discusses Wii sales, the lull in games, new IPs, and some details on plans online. Don't worry, you won't have to buy a new Wii anytime soon. Kaplan is immediately talking about the planned Japanese version with DVD Playback capability, but does say 'Sure, absolutely' to the question of whether we'll eventually see hardware changes on the order of the DS/DS Lite.

Megnatron writes "Penny Arcade has a letter from the stepmother of one of the kids who was recently charged with killing a homeless man. Her article is an extremely sobering tale of the problems dealing with troubled teen. She explains how, in this situation, the parents did everything they possibly could. And, in a refreshing twist, she absolves the games industry of any blame for the tragedy these kids perpetrated. From her missive: 'Video games DID NOT make this kid who he was, and it's unfortunate that the correlation is there. The thing that really gets me with this whole thing is that the kid knows full well that by equating what he's done to a video game, that he will generate controversy and media coverage. It makes me sick that the media is jumping all over this, because that is exactly the result that he wants. The only good thing (if there is such a thing) that has come out of this whole ordeal is that the kid is behind bars. That is exactly where he needs to be.'" Her letter is a passionate, troubling story, but well worth reading.

Gamasutra's most recent Question of the Week feature deals with the extremely quotable final speech given by Doug Lowenstein at D.I.C.E.. The article queries individuals within the games industry for their opinions on the 'freedom' that the industry allows itself, and its convictions on fighting for that freedom. The article prompted numerous, polarized comments. Many of them followed the gist of this Anonymous submission: "With regards to censorship the biggest worry for me is developers and publishers self-censoring and avoiding any kind of contentious issue or subject matter in case they offend anyone. Video games for me are a powerful medium capable of equaling the emotive and informative weight of cinema if used correctly, but they rarely are. If we refuse to tackle issues and remain purely a thing of fluff and fizz then interactive entertainment will never have the gravitas of its cousins."

The week after next, the annual Game Developer's Conference is happening in San Francisco. I'll be there providing coverage on the keynotes, and some of the talks that I think will appeal to the Slashdot sensibility. I've also been digging to see if there's any folks willing to speak with the Slashdot community 'in person'. The fine folks at CCP, makers of the Massively Multiplayer game EVE Online, have kindly agreed to take some time out of their busy conference schedule to answer your questions. So, what do you want to know about the present and future of this fascinating MMOG? One question per comment, please. I'll present your questions to CCP, and pass their answer back once I'm home from the event. Update: 02/22 19:51 GMT by Z : I asked Sharon Howell, the PR rep for CCP, who I might be speaking with at GDC. Unfortunately, they're still nailing down schedules. We'll be talking with one of the following: Hilmar Veigar Petursson, Chief Executive Officer, Magnus Bergsson, Chief Marketing Officer, Nathan Richardsson, Senior Producer, Halldór Fannar Guðjónsson, Chief Technology Officer. One of these members of the top brass will be available to answer your questions.

njkid1, as he does from time to time, passed us a link to a story on the GameDaily site. Today they're discussing the January NPD numbers for the games industry. In short, they're terrific. Software sales totaled $549 million for the month, up a staggering 53 percent over last year. Hardware sales were brisk as well, with the Wii selling around 436,000 units. Trailing behind were Microsoft and Sony, with 360 hitting 294,000 units sold and the PS3 selling 244,000 units. January had an extra week, which resulted in 'inflated' sales, but even after normalizing the data things were tremendous for the games industry in a month where there's normally a post-holiday slump.

Gamasutra reports on the new position that former Bethesda designer Ken Rolston has taken with Big Huge Games. The lead designer for Bethesda's hit titles Morrowind and Oblivion, Rolston is now slated to be working on an unnamed title for the Rise of Nations developer. Rolston announced he was planning to retire early last year but ... apparently not. The designer characterizes his new project as 'a strikingly original and cunning concept for a console RPG'. No name or concept was included in the announcement.

Last week, the designers who used to head Capcom's Clover Studios (makers of Viewtiful Joe, Okami, and God Hand) announced that they were forming a new studio named SEEDS. Clover principles Atsushi Inaba, Hideki Kamiya, and Shinji Mikami are looking to make some 'preposterously amazing' games. People upset by Clover's closing, though, should know that most of the studio is back inside Capcom. In a Gamasutra article with Capcom Vice President of Marketing Charles Bellfield, he makes it a point to say: "Capcom, unlike most other developers, doesn't have dedicated strict boundaries between each of its development teams. We actually have one pool of development talent at Capcom and those individuals are basically assigned based on the timescales of each product we're working on ... the rest of the Clover team was just incorporated back into the rest of Capcom's development talent pool. So in fact, while three individuals left, Clover Studios as a separate entity was merged back into the rest of the Capcom teams and today, still, the talent we had, with the exception of three people, is still remaining at Capcom."

Orinthe writes "According to Reuters, a new study involving 33 surgeons at a New York hospital shows 'a strong correlation between video game skills and a surgeon's capabilities'. A statement by the senior author of the study even suggests the use of video games as a training tool for surgeons. Another of the study's authors cautions parents to curb excessive gaming, however: 'spending that much time playing video games is not going to help their child's chances of getting into medical school'."

Kotaku has up a feature piece looking at the opening of a new studio in mainland China. Staffed by expatriate Western game developers, it represents something that founders Chris Pfeiffer and Max Garber see as a future trend: developing games in the west is soul-crushing. The two participated in the grind to get Resistance: Fall of Man out in time for the PlayStation 3 launch, and have now opened a studio with the goal of 'making great games while living a good life.' Lower costs in China allow for a higher standard of living, while labour laws will force game studios to stick to rational work-weeks. Pfeiffer also suggests that the overwhelming costs involved in making games will force U.S. studios to outsource development work to Asian nations. When that happens, Pfeiffer's studio and compatriots will be ready.

Via GameSetWatch an in-depth article on the Alternate Reality Game Network site explaining how Andy Darley found the cube, and completed the first season of the Perplex City game. Written by Darley himself it's an engaging account of what it's like to actually play one of these games, and the process by which the cube's location was discovered. "It was then that I realised I was practically standing on a spot where the topsoil was the colour of the clay that ought to be hidden underneath it. It wasn't 10m from the post, it was slightly further - practically a continuation of the line I'd just investigated, exactly where you'd end up burying something if you walked 10m, stopped, and leaned forward to start digging. Seeing sub-surface clay with just a very thin covering of the material that was several inches thick elsewhere was deeply suspicious." GSW also links to an exhaustive look at an older ARG-in-a-children's-book, the game Masquerade, which is well worth reading up on.

Computer And Video Games asks the tough question: is the Wii's magic gone? After the flurry of excitement around the launch, lackluster ports and a persistent inability for Nintendo to keep units on the shelves has made it hard for gamers to sustain their enthusiasm for the system. It doesn't help that most of the good games slated for this year won't be out for months. In some cases, there's doubt they'll even make it out this year: Reggie Fils-Aime appears to be backpedaling on Metroid Prime 3 by Christmas, which would be a shame. GigaGamez has additional commentary. Are you still as excited about the Wii as you were when it launched?

The folks at Bungie share the news, via their weekly update, that Halo 3 will be coming out this fall. Not surprising, but still good to hear. The game's marketing campaign will soon be kicking into gear, and the site offers the first 'iconic' image they'll be using on billboards and bus stops. The update also includes a few words on the Crackdown/Beta offering (sometimes later this spring), and an update on where they are with Halo itself.

Marcus Eikenberry writes "Blizzard and Vivendi today filed against MDY Industries, the makers of the 'WoW Glider' software. Glider allows World of Warcraft players to 'play' while away from the keyboard; the software moves the player's avatar along a set path, following a complex set of instructions dictated in advance. Blizzard is seeking injunctive relief and money damages against MDY. What that means is they want him to stop the production of WoW Glider and they want him to pay them damages. Blizzard believes that Glider infringes on their intellectual property. They believe Glider allows players to cheat, giving them an unfair advantage and that they believe Glider encourages Blizzard customers to breach their contracts for playing the game. Last they claim that Glider is designed to circumvent copyright protections."

Gamasutra is running an extensive article today on the long history of Electronic Arts. Starting all the way back with the days of Trip Hawkins, they move through the days of Madden, Nintendo, small studio purchases and, of course, the Sims. There's also an a whole series of images associated with the article, letting you look back and chuckle about the cover art of games from the past. The article concludes: "Art and commerce have always been uneasy bedfellows, and nowhere is that tension more evident than in the world of video games. Perhaps after looking at the history of Electronic Arts we may have some insight into that hot point of ignition where business and inspiration combine to create cutting edge games. As Trip Hawkins explained, 'Entrepreneurship is a creative art form. Like other creative people, we do it because we have to do it. We have no choice but to express ourselves in this way. But of course like all artists we are optimists, so we believe good things will come ... It is not about making money, it is about making a difference.'"