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Old 09-03-2012, 03:32 PM   #441
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Old 09-03-2012, 04:33 PM   #442
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Anyone know if I can still trade in NHL 12 to EB for that 22 credit?
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Old 09-04-2012, 09:13 AM   #443
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Negative - the 30% thing still applies but as of yesterday the trade-in value was 12 bucks so you'd get about $16 now.
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Old 09-04-2012, 09:26 AM   #444
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After hearing that they've completely failed to make any changes that might actually solve the problems with EASHL drop in I think I'm done with that mode until they fix it. Might play GMC and try out HUT, which I've never played before.

People have IP rights in their likeness? I get how Gene Simmons can have rights to his face paint but Bossy having some kind of copyright over his name and facial structure seems a bit odd.

Either way there are literally 100 players that should be in there before Gilmour, and I feel like Denis Potvin (who does colour for the Sens) shouldn't be hard to get ahold of for this, but maybe you're right and the retired guys really, really don't want their faces in there for some reason that's not altogether clear to me.
It's a pretty well established concept
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Old 09-04-2012, 09:28 AM   #445
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Anyone know if I can still trade in NHL 12 to EB for that 22 credit?
Idk about in alberta but in nova scotia futureshop has a 2 for 1 deal so if you have nhl 12 and sleeping dogs as an example you can get nhl 13. I'm not sure how much longer NHL 12 will be on the list but as of right now it is.
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Old 09-04-2012, 10:02 AM   #446
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It's a pretty well established concept
Damned if I know anything about IP, but that kind of surprises me. Copyright is for "works"... I don't think my likeness is a "work". It's obviously not patentable. Whether it's something you can trademark, I don't know, but it doesn't seem immediately obvious to me that it should be.
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Old 09-04-2012, 10:27 AM   #447
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Damned if I know anything about IP, but that kind of surprises me. Copyright is for "works"... I don't think my likeness is a "work". It's obviously not patentable. Whether it's something you can trademark, I don't know, but it doesn't seem immediately obvious to me that it should be.
People can't simply use your image for commercial purposes without consent, it has nothing to do with copyright or trademark.
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Old 09-04-2012, 11:03 AM   #448
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Okay... so... why? What DOES it have to do with? There has to be SOME legal principle underpinning that.
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Old 09-04-2012, 11:25 AM   #449
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Okay... so... why? What DOES it have to do with? There has to be SOME legal principle underpinning that.
EA couldn't use CHL players until they got the license for that. Otherwise they'll be representing someone in a commercial product without their consent.

NHL 13 soundtrack for those interested.

http://www.easports.com/nhl/news/art...key-experience
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Old 09-04-2012, 11:30 AM   #450
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Okay... so... why? What DOES it have to do with? There has to be SOME legal principle underpinning that.
http://www.pbs.org/wgbh/pages/frontl.../ncaa-lawsuit/
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Old 09-04-2012, 11:52 AM   #451
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Interesting. Basically someone has decided that people have some sort of inherent property right attached to their own image. I'm still having trouble seeing what the fundamental basis for that is from a legal perspective, but clearly there it is nonetheless. This may be an American construct because I don't know that I've ever heard of "right of publicity" in Canada.

Re: the soundtrack, that "shinedown-bully" song in the demo is one of the worst things I've heard in a long time. The soundtrack for this game is always a bit suspect but damn, I wish you could deactivate certain songs. I remember on old PC versions just plugging my MP3 playlist into the appropriate folder and getting that. Would be nice to be able to put the right goal songs in manually.

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Old 09-04-2012, 12:05 PM   #452
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Interesting. Basically someone has decided that people have some sort of inherent property right attached to their own image. I'm still having trouble seeing what the fundamental basis for that is from a legal perspective, but clearly there it is nonetheless. This may be an American construct because I don't know that I've ever heard of "right of publicity" in Canada.

Re: the soundtrack, that "shinedown-bully" song in the demo is one of the worst things I've heard in a long time. The soundtrack for this game is always a bit suspect but damn, I wish you could deactivate certain songs. I remember on old PC versions just plugging my MP3 playlist into the appropriate folder and getting that. Would be nice to be able to put the right goal songs in manually.
That someone would be common law, the very basis of the entire legal system in both Canada and the US.

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Canadian common law recognizes the right to personality on a limited basis. It was first acknowledged in the 1971 Ontario decision of Krouse v. Chrysler Canada Ltd.. The Court held that where a person has marketable value in their likeness and it has been used in a manner that suggests an endorsement of a product then there is grounds for an action in appropriation of personality. This right was later expanded upon in Athans v. Canadian Adventure Camps (1977) where the Court held that the personality right included both image and name.
http://en.wikipedia.org/wiki/Personality_rights#Canada
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Old 09-04-2012, 12:07 PM   #453
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Yes, thanks, I'm a lawyer and consequently pretty familiar with the common law system. I am not very familiar with IP, so I am saying it's interesting that such a concept exists in the United States, and curious if a similar concept has been adopted north of the border. I would note that I DO know enough about IP to say that it's largely a creature of statute in terms of actual rights it purports to give people, with jurisprudence performing a supplementary role.
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Old 09-04-2012, 12:09 PM   #454
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Yes, thanks, I'm a lawyer and consequently pretty familiar with the common law system. I am not very familiar with IP, so I am saying it's interesting that such a concept exists in the United States, and curious if a similar concept has been adopted north of the border. I would note that I DO know enough about IP to say that it's largely a creature of statute in terms of actual rights it purports to give people, with jurisprudence performing a supplementary role.
You must have snoozed through property law then
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Old 09-04-2012, 12:14 PM   #455
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...

Re: the soundtrack, that "shinedown-bully" song in the demo is one of the worst things I've heard in a long time. The soundtrack for this game is always a bit suspect but damn, I wish you could deactivate certain songs. I remember on old PC versions just plugging my MP3 playlist into the appropriate folder and getting that. Would be nice to be able to put the right goal songs in manually.
Actually, you've been able to do that for the last 3 years on PS3, 4 years on Xbox. Each team has categories such as entrance song, goal song, superstar goal song, victory song, loss song etc.

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Old 09-04-2012, 12:31 PM   #456
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Interesting. Basically someone has decided that people have some sort of inherent property right attached to their own image. I'm still having trouble seeing what the fundamental basis for that is from a legal perspective, but clearly there it is nonetheless. This may be an American construct because I don't know that I've ever heard of "right of publicity" in Canada.

Re: the soundtrack, that "shinedown-bully" song in the demo is one of the worst things I've heard in a long time. The soundtrack for this game is always a bit suspect but damn, I wish you could deactivate certain songs. I remember on old PC versions just plugging my MP3 playlist into the appropriate folder and getting that. Would be nice to be able to put the right goal songs in manually.
In NHL12 you could turn songs off in the options menu so that they never play. I'll be doing this for "Bully" as well.

I'm going to miss hearing "Mony Mony" though.
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Old 09-04-2012, 01:11 PM   #457
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^I didn't know that. I'll be using that option - but re: above, can you actually insert your own music in on Xbox? How? Directories are obviously easy on a PC but I'm not sure I know how to do that on a console.
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You must have snoozed through property law then
No, but they never covered this, obviously because it's pretty obscure. And the IP course just does patents, TM's and copyright.

Anyway after a brief jaunt through westlaw apparently there is such a right in Canada but it is more limited, in that it doesn't apply unless the likeness is appropriated in such a manner as to imply that the individual (i.e. the player) is endorsing the product. I don't know that putting someone in a hockey game implies that they're endorsing the game, but it's possible it could be a problem.

Not that it matters, because if it's a thing for the U.S., that's game over. Still, mystery resolved.
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Old 09-04-2012, 01:14 PM   #458
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How about this one?

"Over the past five years
I have shed five tears
I have drank five beers
And watched while she just crawls away "
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Old 09-04-2012, 01:30 PM   #459
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I'm normally not all that picky with menu music and the odd tune in the NHL games has been very good, but a lot of the time their soundtracks are pretty tripe. I like what Madden did this year: instead of piling everyone onto the gangsta rap/hip-hop train, or any other sort of contemporary music, they've reverted back to standard - yet epic - instrumental scores designed to simply get you all pumped up to play football. It's like the games of our childhood.

I have some great memories of shuffling through menus, signing free agents, and doing my business as a GM in the NHL titles over the years, but so many of those memories are equally marred by goofy punk rock tunes and whiny voices that I can't detach from the experience in my mind. I've always tended to more so enjoy Fifa soundtracks over the years for some reason, too.
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Old 09-04-2012, 01:41 PM   #460
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A few frequent plays on my playlists have come from the NHL series.
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