Judge Won't Sack Potential Billion-Dollar 'Madden NFL' Game Suit

Robin Antonick, the man whocreated the initial version in the mega-successfulMadden Nfl Footballvideo game, has managed to get the initial hurdle in the massive suit against Ea. On Tuesday, a federal judge rejected to dismiss Antonick's claims in the giant gaming author, potentially setting ends up having a fascinating fight over intellectual property in game game titles. The problem may be worth huge levels of dollars. Antonick punished in March with accusations he was unfairly declined profit participation inside the Madden Nfl franchise, which has offered greater than 85 million copies inside the greater than 2 decades since it hit industry. The complaintant created the initial version of the sport, released in 1988 forthe Commodore 64, MS Dos, and Apple II platforms. In individuals days, Antonick was working within developmental contract with EA, they states entitled him to royalties on derivative versions. In the 19 nineties, EA hired Park Place Productions to develop a completely new version in the Madden game and allegedly extricated itself in the relationship with Antonick by telling him the new Sega Genesis Madden Nfl game might be really an "arcade" game without any reference or usage of his intellectual property. Antonick allegedly recognized this representation for just two decades until he heardElectronic Arts founderTrip Hawkinsspeak in interviews upon commemoration of the sport's 20th anniversary the way the current game took it's origin from the very first versions of software. He then punished and pointed to assist interviews by founders of Park Place saying how they had little reference to John Madden, weren't familiar with his playbook, and handled to exhibit across the initial games very quickly span. Antonick mentioned this boosts doubts about whether their versions were really based by yourself. The very first hurdle in this situation was for Antonick to convince a judge why it needed him two extended decades to produce a suit. EA filed a motion to dismiss good expiration in the statute of limitations. On Tuesday, U.S. District Court Judge Charles Breyer recognized Antonick's arguments as "plausible" that EA may have fraudulently hidden and misinterpreted the issue to Antonick, thus tolling time the Madden creator required to file a complaint. Consequently, the dispute now heads to discovery to discover when the new versions of Madden Nfl contain a number of Antonick's protectable elements. Judge Breyer will most likely desire to make a determination inside the substantial similarity inside the particular games. Antonick has already established credit for showing, among other activities, the simulation of player behavior, a 3-dimensional projection in the area, instant replay together with a positional camera -- elements that EA argues aren't expression and for that reason not protectableby the u . s . states Copyright Act. Inside the suit, Antonick demandsover 100s of vast amounts in owed royalties and potentially billions in disgorged profits. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner

ITV's 'Downton Abbey' catches bad breaks

'Downton Abbey' drew more than 9 million viewers on its return to ITV1.LONDON -- The phenomenom that is "Downton Abbey" continued Sept. 18, more than 9 million viewers tuned in for season two's bow on ITV1 -- a hefty 34.6 share. Its popularity is such that when viewers who'd missed the telecast tried to watch "Downton" on ITV.com's catch-up service later the same evening, demand was so great the website crashed.NBCU, which owns the show's producer Carnival Films, has sold "Downton" to more than 200 territories overseas.On DVD and Blu-ray, it's been breaking records -- the saga of an aristocratic household in Edwardian England is the biggest selling TV series of all-time according to Amazon U.K.Last week "Downton" won four Emmys, including best miniseries, reversing a trend that saw juries at both BAFTA and the Royal Television Society ignore the show.But the success of the Julian Fellowes' created skein has sparked a very English controversy.British newspaper the Daily Mail estimated that, including plugs for other ITV shows, there was one minute of adverts for every three of "Downton Abbey" in the first episode of series two."ITV's victory was bittersweet as viewers took to Internet messageboards to complain about the level of advertising," said the Mail with all the haughtiness of "Downton's" Dowager Countess of Grantham, played by Maggie Smith, who won a supporting actress Emmy on Sept. 18."A lot of people who are watching 'Downton Abbey' in the U.K. are middle-class audiences who generally avoid ITV and stick to the BBC," says The Times' TV critic Andrew Billen. "I think they were shocked to discover how many commercial breaks the show contained."Coddled Beeb auds aren't used to ad breaks.ITV was unrepentant. "We followed the same pattern as other 90-minute dramas. We are a commercial broadcaster," says a rep.The class-bound world portrayed in "Downton" is now thankfully a memory for most Brits, yet judging by the outcry over the proliferation of ad breaks in what is unquestionably the hottest and most hyped drama on U.K. TV, English snobbery lives on. Contact the Variety newsroom at news@variety.com

Watch X-Men: First Class 2011

Indie Auteur Joe Swanberg Offers New Distribution Model: Subscription-Based Fandom

The indie filmmaking game (as in true-blue, studio-free indie filmmaking) has gotten to a point where even Francis Ford Coppola is following Kevin Smith into the great unknown of out-of-the-box distribution experimentation, but mumblecore vet Joe Swanberg (LOL, Hannah Takes the Stairs) has partnered with independent release label Factory 25 on yet another crazy idea: Selling four-film, one-year subscriptions to his fans for $99.95 a pop, like a film version of artisanal foodstuff and wine club models. “If I can find 1,000 people to pay $100 a year for four of my movies, I can keep making movies,” said Swanberg (via Filmmaker Mag). “This can be a sustainable way to make small challenging movies that don’t have to get into festivals and don’t need distributors.” The hook, for those 1,000 interested fans willing to pay $100 per year? The run is limited to 1,000 sets which include 2011 features Silver Bullets and Art History and 2012 releases The Zone and Privacy Setting, each film accompanied by an assemblage of bonus materials like a vinyl Silver Bullets LP, a photo book, and tons of bonus material. If you’re a huge Swanberg fan (or know one), the price seems totally worth it if only to lend support to the DIY filmmaker. Swanberg says he has another reason for moving to this model of direct fan dependence: It will allow him to keep working as non-commercially as he likes, without having to worry about, well, selling out his art or pleasing his critics. “Part of what’s appealing to me is the removal of that critical infrastructure… let’s say [this releasing venture] goes well and we do this again next year knowing ahead of time that [we will pre-sell] 1,000 copies to people who like my movies — that will totally liberate me to do something without commercial thoughts in my head. The removal of the press attention and critical infrastucture is something I’m looking forward to.” It’s similar in spirit to what Kevin Smith cooked up for his Red State tour, charging fans above-average ticket prices for an added-value experience that didn’t stop with just the film alone, but came with a live Smith Q&A. It’s part Smith, part Criterion, and the bonus materials help build the cult of Swanberg the auteur to boot. Could other independent filmmakers follow suit with special box sets of their own materials — and will enough fans bite at Swanberg’s limited quantity offer to actually keep him and his films afloat? JOE SWANBERG, FACTORY 25 ANNOUNCE NEW DVD SUBSCRIPTION SERIES [Filmmaker Magazine]

EMMYS: Drama Series Handicap

Ray Richmond is contributing to Deadlines 2011 Emmy coverage. Heres his scorecard assessing the Outstanding Drama Series race. Mad Men (AMC) Lionsgate TV Why It Was Nominated: Because its televisions reigning gold standard, thats why, with 19 total nominations this year (more than any other series and second among all shows behind the HBO mini Mildred Pierce, which tallied 21). Matt Weiner 1960s ad agency hour has won three times in a row here and by winning a fourth would tie Hill Street Blues, L.A. Law and The West Wing for the most Outstanding Drama Emmys. In its fourth season, critics and fans seem to be in agreement that Mad Men remains at the top of its game. So if its still about quality, just hand the Emmy over. Why It Has To Win: Mad Men is on a roll, one that shows no signs of derailing with wins this year from the Television Critics Association and the inaugural Critics Choice Award. They did some of their best work this season, one producer says, and the level that Weiner is operating at sort of leaves a lot of us in awe. Its astoundingly good. This show appears to be that rarest of exceptions: One that started out hot and has grown only hotter year after year as well as backlash-proof. Why It Cant Possibly Win: There are a couple of monkey wrenches that could squelch this years anticipated Mad Men coronation. One is the fact that, unlike its first three years in Emmy contention, the show had no fresh episodes this summer during voting time — pushed to next spring by Weiners protracted contract negotiations. The other is those very negotiations themselves that found the headstrong Men creator-showrunner all over the media with the sometimes acrimonious back-and-forth. There will be some who dont vote for the show out of jealousy directed at Weiner, a voting writer believes. “But its hard to know how much that will matter. Boardwalk Empire (HBO) Leverage, Closest to the Hole Prods, Sikelia Prods & Cold Front Prods w/ HBO Ent Why It Was Nominated: The epic and ambitious Prohibition-themed mob extravaganza epitomizes what HBO does best — that is, giving people who know what theyre doing like exec producer Martin Scorsese and showrunner/Sopranos alumnus Terence Winter the time, budget and creative freedom to achieve greatness. In this case, that equates to 18 Emmy nominations in its first season. Boardwalk embodies the cinematic-quality cache’ thats made HBO product catnip to the TV academy. Having Scorseses name attached doesnt hurt, either. Why It Has To Win: This looked to be much more of a slam-dunk when Boardwalk premiered 11 months ago. Critics raved (mostly), the numbers were solid, it was renewed for a second season the day after its premiere, and then the show won every award in sight over the ensuing four months. While that all happened a seeming lifetime ago, the Scorsese factor cant be ignored or minimized. If anything is going to knock Mad Men from its pedestal, this looks to have the best shot. Why It Cant Possibly Win: Voters have notoriously short memories, even when there are DVDs there to remind them. The buzz and momentum for Boardwalk, which returns for its second season on Sept. 25, has long since disappeared. That wont help its cause. Also, for all of HBOs Emmy prowess, it has taken this category only twice: The Sopranos in 2004 and 07. Mad Men has already won more than that all by itself. As one TV academy member assured me: Mad Men will lose one of these years. This just doesnt look like its the year. The Good Wife (CBS) CBS Prods Why It Was Nominated: Theres not a lot of debate that this is the best drama presently on broadcast television, which isnt merely damning the second-year show with faint praise. Co-showrunners Robert and Michelle King have figured out a way to skirt the creative limitations of broadcast television to give The Good Wife cable-level creativity and production values. Thats no small achievement when theyre having to churn out 22 episodes a season rather than 10, 12 or 13. Thats why this is the only network series to crash the category this year, its second consecutive nod and one of nine honors total. Why It Has To Win: The fact that Good Wife is the only broadcast entry gives it an outsider status that has a chance to resonate with the larger academy membership. A director and academy member told me, I think Im voting for The Good Wife, in part because its not one of the hip Chosen Ones. To that point, this is also the only show among the nominees with a retro feel that recalls the glory days of network primetime. And it boasts a cast thats at least on par with Mad Men, headed by nominee Julianna Margulies and fellow nominees Christine Baranski, Archie Panjabi, Alan Cumming and Josh Charles. Why It Cant Possibly Win: Margulies, with her more subtle and nuanced performance, will never be everyones cup of java. That alone could kill any outside shot Good Wife might have to pull off an upset. Also, the last time a CBS series won the Emmy for top drama was in 1994 for David E. Kelleys quirky Picket Fences. Thats 17 years ago. So the network is either overdue or destined to remain overlooked. Game of Thrones (HBO) Bighead, Littlehead, 360 TV & Grok and Generator Prods w/ HBO Ent Why It Was Nominated: The HBO freshman fantasy surprised a lot of people in the way it swelled its fan base beyond the comic book crowd as it moved through its first-year run, helping it to land a surprising 13 nominations. A producer said to me, Whats kind of amazing about that total is that only one of them (Peter Dinklage for supporting actor) was for performing. So its already built a lot of respect for its technical work early on. Why It Has To Win: Were the impossible to happen and Game of Thrones somehow knocked off the heavy favorites, wed imagine that Matt Weiner would likely require electroshock therapy to restart his heart. It could happen. How? A producer theorizes: Its got the buzz going for it, Ill tell you that. People I would never have expected to be addicted to it made this appointment viewing. Why It Cant Possibly Win: The shows graphic blood-and-guts and the subject matter itself are pretty much guaranteed to turn off a sizable contingent of voters for a show thats also still a bit too unproven. That could well change down the road for co-showrunners David Benioff and D.B. Weiss, who also snapped up a writing nod. Not too shabby in their first go-around. Friday Night Lights (DirecTV) Imagine Ent w/ Universal Media Studios & Film 44 Why It Was Nominated: The departing, much beloved Texas high school football-themed drama snatched its first and last Outstanding Drama Series nom the old-fashioned way: By earning it. Friday Night Lights was praised as a rare — and tragically low-rated — broadcast gem when it ran on NBC. Now it generates the first-ever major category nomination for DirecTV in its fifth and final season as well as acting nods for leads Connie Britton and Kyle Chandler and a writing one for Jason Katims. That its been canceled makes the honors bittersweet, but sweet all the same. Why It Has To Win: A surprising amount of veneration has come the shows way this year, including a Peabody Award and a trophy as Program of the Year from the Television Critics Association. What I sense, a series writer told me, is that people are feeling guilty Friday Night Lights hasnt gotten its due, in the same way that The Wire didnt. So theres a bit of trying to remedy that, I think. Will that be enough to generate an upset win? The recent momentum swing — along with its swan-song status — says its possible. Why It Cant Possibly Win: On the other hand, its hard to envision a scenario where the TV academy bequeaths its highest series award to a series that closed out its run on DirecTV. In Emmy history, only Barney Miller in 1982 won a top series Emmy for the first and only time in its final season. Its unlikely Lights will be the second given the heft of the competition. Dexter (Showtime) John Goldwyn Prods, The Colleton Co. & Chip Johannessen Prods Why It Was Nominated: Its the fourth consecutive year that Dexter has been honored in this category, the first time thats happened for an original Showtime series. The academy appears to be a sucker for the shows serial-killer-with-a-heart-of-gold narrative, and for star Michael C. Hall. Enough to nominate them year after year, anyway. Why It Has To Win: Lets say someone hacked the computer program that tallies winners and altered the results so Dexter came out on top. Realistically, thats probably the shows best chance this year. This would be the biggest upset in Emmy history. Why It Cant Possibly Win: Dexter is clearly respected enough to generate nominations but has been around too long to stand as a serious competitor. It comes off of something of a transitional year following a fourth season of great suspense and a towering recurring role by John Lithgow. Nothing similar happened in Season 5, which may be one reason why showrunner Chip Johannessen was replaced for Season 6 by Scott Buck.

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Czech director Otakar Vavra dies

PRAGUE -- Czech director Otakar Vavra, who built up his oeuvre under Nazi occupation and the communist regime, but was revered as a true original, died in a Prague hospital Thursday, where he was recovering from a neck injury. He was 100. In addition to forging a distinctive body of compelling work, including 50 films he directed and 80 he wrote, Vavra and cohorts founded FAMU, the Czech Republic's most respected film school, in 1946. FAMU, where he also taught until 2008, inspiring such pupils as Milos Forman, Jiri Menzel and Emir Kusturica, remains one of Central Europe's most prestigious film training academies. Menzel has said that Vavra was a key figure in driving the development of Czech film. Vavra first attracted attention with pics like comedy "The Virgins' Club" in 1938, and 1940's "Girl in Blue," which starred Lida Baarova, a Czech starlet whose affair with the married Joseph Goebbels outraged Adolf Hitler. His films of the '60s, however, such as 1965's "Golden Apples" and the sly parable on paranoia and political persecution, "Witch's Hammer" (1969), form his most prized artistic legacy to critics. Vavra was awarded the Czech Republic's highest cultural honor in 2004, the Medal of Merit, by President Vaclav Klaus. Vavra is survived by his partner, director Jitka Nemcova. Contact the Variety newsroom at news@variety.com

$420K Credit For Jersey Shoreline Producers Produces A Scenario For Citizens In NJ

The concept ofshelling outfor the Jersey Shoreline gang to party hearty about the boardwalk isn’t sitting well with Nj citizens. “I can’t believe we're having to pay for fake tanning for Snooki andThe Situation, and i'm not really sure $420,000 covers that,” Assemblyman Declan O’Scanlon told the Star-Ledger of Newark. A Democratic condition Senator as well as an Italian American group today known as onGov. Chris Christie to bar thetax credit granted yesterday tothe MTV hit reality show’s production company 495 Productions. It's disparaging to Italian People in america. He should veto it, stated condition Sen. Joe Vitale).A spokesperson for that governor stated that whileChristie doesn’t such as the show and opposed the tax credit, he's no treatments for your decision. And never everybody is against it.In Seaside Levels, in which the show is shot, Mayor P. Kennethsaid even thoughthe show canshow the condition in an adverse light,theinvestment pays large local returns. “A large amount of the company folks here appreciate that,” he stated.

Exclusive: Take advantage of Cassidy and Tommy Schlamme Develop Western at NBC

Take advantage of Cassidy Take advantage of Cassidy is planning a vacation to the Old West in the new project he's developing with director Thomas Schlamme (Free Air travel Wing) at NBC. Occur 1840, The Frontier follows several disparate travelers in Missouri simply because they continue an outing using the hills, deserts and flatlands in the West enroute for the coast. In line with the script's logline, danger constantly stalks the group, and "simply because they find it hard to survive, other people will need to band together and form a family group, once they strongly press forward into the great unknown." Schlamme knows a couple of reasons for period pieces, getting just directed and executive produced the pilot to ABC's sixties-set Pan Am. Cassidy and Schlamme formerly labored together concerning the 2005 TV thriller Invasion. Cassidy created that short-were living ABC series, while Schlamme directed the pilot. Cassidy's recent credits have Ruby & the Rockits, The Mountain and Cold Situation. Besides West Wing, Schlamme executive produced Mr. Sunshine and Studio 60 concerning the Sunset Strip, which younger crowd directed the pilot to Motherhood. Josh Craig and Rob Kwatinetz are executive producers concerning the Frontier with Cassidy and Schlamme. The brand new the new sony Pictures TV might be the studio, as well as Prospect Park. As systems are actually busy developing new projects for next season, the extended-dormant Western genre remains garnering much interest. Ron Moore (Battlestar Galactica) gets the project Hangtown setup at ABC, while TNT is developing the pilot Gateway, occur 1880s Colorado. And AMC was already set to premiere the transcontinental railroad-designed Western Hell on Wheels on November. 6. Subscribe to TV Guide Magazine now!

Film references help mock well-meaning signs

Today TF dispersed its cereal over a web-based assortment of images known as "Superbly wise-ass reactions to totally well-meaning signs." And wecouldn't help realizing a couple of film references inside.Whilst we do not normally condone spoilers this blatant, we thought it better to share all of them with you.The main one below is our favourite.

Arnold Schwarzenegger may be taken Captive

Fresh within the announcement that he'll possess a beefier role inside the Expendables 2, Deadline is verifying that Arnold Schwarzenegger is at predicts star to use it thriller Captive.The first sort Governator would play an authentic estate magnate dwelling in South usa, who's taken and held for ransom at the rear of an armoured prison truck.It might seem much like an extremely more spacious (and slightly less undercover) undertake Hidden. It's promising that Arnie won't defend myself against employment that's too physical, but could he be capable of carry something heavily character-orientated?Before that, Schwarzenegger will shoot another actioner, Last Stand, which, intriguingly, might be the united states debut of Korean director Kim Ji-woon (A Merchant Account Of Two Brothers and sisters, I Saw The Demon).There's presently nothing not used to group of Cry Macho, the film that was prone to herald Schwarzenegger's return to acting after departing political office, before problems within the private existence apparently derailed the project.

Russell Crowe And Helena Bonham Carter Sing For 'Les Miserables'

Would you hear the folks sing? Singing the song of Russell Crowe? Well, you will for sure be hearing his singing voice entirely pressure come December 2012, because the Oscar winning actor continues to be cast as fugitive hunter Javert in Tom Hooper's "L'ensemble des Miserables." Crowe is within foretells star opposite Hugh Jackman within the musical adaptation, based on the Hollywood Reporter. Furthermore, the always creepy Helena Bonham Carter continues to be drawn on to become listed on the cast as Madame Thenardier, who sings the very best line undoubtedly in "Master of the home.Inch Great casting throughout! Browse the relaxation of present day casting news beyond the jump! Stormare Constitutes A "Last Stand" Arnold Schwarzenegger, prepare to satisfy your match. Peter Stormare has became a member of the cast of "The Final Stand" because the villain's primary henchman, Variety reviews. He's the 2nd actor to sign to the film following Schwarzenegger, who makes his giant screen comeback using the This summer-shooting picture. Rodriguez Goes "Dark" For "Miracle" Two new roles for "CSI: Miami" star Adam Rodriguez today. First of all, Splash Page reviews the actor includes a small role to experience in "The Dark Dark night Increases," Christopher Nolan's third and allegedly final Batman movie. Beyond that, younger crowd includes a role to experience in "Miracle Mike," Steven Soderbergh's movie about male strippers based loosely on Channing Tatum's pre-Hollywood career. Hopkins Finds "Solace" It's to the serial killer genre for Anthony Hopkins, though Hannibal Lecter is nowhere around the corner. Rather, the actor is placed to star in "Solace," by which he'll play an old physician with psychic capabilities who now works together with the FBI. It's through this profession he finds themself on the way of the serial killer, reviews Variety. Inform us what you believe within the comments section as well as on Twitter!

The Heavens from the UFC Title Their Picks For MMA's Real-Existence 'Warriors' (VIDEO)

Mma -- hard-striking, tough-as-nails combat sport which has acquired scores of fans recently -- will get a level better spotlight a few days ago using the discharge of 'Warrior.' The film -- starring Tom Sturdy and Joel Edgerton as two lower-on-their-luck siblings who go into the ring to boost some money -- takes the classic underdog sports story and is applicable it towards the brutal bet on strikes and distribution. 'Warrior' will certainly spark the curiosity of the couple of audience people who would like to look into the next UFC event, but which real-existence players count following? Our buddies at MMA Fighting questioned a few of the sport's most difficult martial artists in the recent UFC fight evening in Rio p Janeiro, South america, to discover who they believe may be the ultimate "warrior" in mma -- after which requested when they would ever fight their very own siblings for the money. If you are a brand new fan searching to look at some good fights, you might like to remember names like Chris Leben and Antonio Rodrigo Noguiera. So you may want to just avoid Forrest Griffin's way.

Poll: President Obama's Jobs Speech or NFL Pregame on Syfy?

President Barack Obama President Barack Obama's speech won't conflict with the kickoff of the NFL season - but it will skewer pregame coverage.NBC Universal has instead punted that coverage to its cable outlets - Versus, USA Network, Syfy and G4 - while the president presents his job-creation plan to a joint session of Congress on the NBC broadcast network. NFL Opening Kickoff 2011, featuring performances by Kid Rock, Lady Antebellum and Maroon 5, will return to NBC after the speech (while the cable networks go back to their usual shows). President Obama agrees to reschedule jobs speech to NFL Opening DayThe speech shouldn't conflict with the start of the game (around 8:30/7:30c)between last year's Super Bowl champs, the Green Bay Packers, and the New Orleans Saints.Obama initially asked to speak a night earlier, but it conflicted with a debate among GOP presidential hopefuls, and House Speaker John Boehner refused. So the president agreed to a one-day postponement, bumping up against what's become the traditional Thursday prime-time opener for NBC's Sunday Night Football - the highest-rated program on broadcast television in the 2010-11 season's first half.Check out the rest of today's newsLast week, White House spokesman Jay Carney assured "all you football fans" that the president would be finished before kickoff.At least a couple Republican senators said they wouldn't attend the speech on Capitol Hill - and one cited football as the reason. David Vitter of Louisiana wrote on his Facebook page: "Family and friends are coming over for big game. On to recovery - and the Super Bowl!" Will you watch the president's speech? Yes. Jobs are important in this economy. No. Ill be watching the pregame show. I'll watch Obama then the kickoff. vote view results