NewYorkCountryLawyer writes "In Capitol v. Foster, in Oklahoma, the RIAA has been directed to pay the defendant $68,685.23 in attorneys fees. This is the first instance of which I am aware of the RIAA being ordered to pay the defendant attorneys fees. The judge in this case has criticized the RIAA's lawyers' motives as 'questionable,' and their legal theories as 'marginal' (PDF). Although the judge had previously ordered the RIAA to turn over its own attorneys billing records, today's decision (PDF) made no mention of the amount that the RIAA had spent on its own lawyers."

Mike writes to let us know that a poster on the AVS forum says that the latest issue of HMM magazine (no link given) contains a quote from Richard Doherty, a media analyst with Envisioneering Group, extolling the strength of the DRM in Blu-ray discs, called BD+. Doherty reportedly said, "BD+, unlike AACS, which suffered a partial hack last year, won't likely be breached for 10 years." He added that if it were broken, "the damage would affect one film and one player." As one comment on AVS noted, I'll wait for the Doom9 guys to weigh in.

BanjoBob writes "MusicMatch Jukebox has been a bundle of great MP3 and music management applications in one package. Apparently, it is the end of life for this wonderful MP3 player, ripper, catalog, CD player, Internet radio player, purchase outlet, Auto DJ, Super Tagger, and music database. There was nothing not to like about the product. There is nothing to like about the new downgrade, Yahoo! Music Jukebox. MusicMatch users have been getting notices to 'upgrade'; those who have taken the bait are not pleased. The Yahoo! Music Jukebox feedback forum doesn't have much nice to say about the product. Lots of features have gone away and the 'free upgrade' costs about $20."

AnandTech has a look at the performance PC gamers can expect see under Windows Vista with DirectX 10. Unfortunately, it isn't pretty. Despite the power of the new 10-compliant graphics cards, the choices made in developing this technology have resulted in a significant gap between what is possible and what is actually obtainable from commercial PC hardware. What's worse, the article starts off by pointing out that much of the shiny effects exclusive to DX10 games would have been possible with DX9, had Microsoft been inclined to develop in that direction. From the article: "[Current] cards are just not powerful enough to enable widespread use of any features that reach beyond the capability of DirectX 9. Even our high-end hardware struggled to keep up in some cases, and the highest resolution we tested was 2.3 megapixels. Pushing the resolution up to 4 MP (with 30" display resolutions of 2560x1600) brings all of our cards to their knees. In short, we really need to see faster hardware before developers can start doing more impressive things with DirectX 10."

The Legend of Zelda: Ocarina of Time is the best game yet made, according to a list compiled by readers and writers of the lauded British gaming magazine Edge. Their list of the hundred best games ever is top-heavy with Nintendo titles, a full five out of the top ten being released to a Nintendo platform. Obviously, this sort of thing can get contentious, and CNet's Crave blog spoke up quickly with a contrary opinion. "The Legend of Zelda: Ocarina of Time is truly a masterpiece that should be thought of as one of the greatest games ever created. But to call it the greatest game of all time is a serious misstatement. Unlike Super Mario Bros., Ocarina of Time was released in an era where video games were booming and sales were on the rise. Simply put, everyone was playing video games, and the game was the best of its time. But no other game in history--Ocarina of Time included--was able to save an entire industry from almost guaranteed destruction the way Super Mario Bros. did, and it is for this reason that we should all give ol' Mario and Luigi credit where it's due." Let's hear it, then. What game deserves to top a list of the 100 best games ever made?

Bloomberg is reporting on the publisher scramble for Wii titles, prompted by the console's explosive popularity since its launch late last year. Though the article focuses on EA's initial coolness on the console, they certainly weren't the only company that initially missed the bus. "Electronic Arts wasn't the only publisher slow to see Wii's appeal. New York-based Take-Two Interactive Software Inc., maker of Grand Theft Auto games, had no Wii titles when the player was released and now plans to have three this year, said spokesman Jim Ankner. Activision Inc., based in Santa Monica, California, plans to release six Wii games this year, giving the second-largest publisher a total of 11, said spokeswoman Maryanne Lataif." Though that's great news for Wii gamers, the question is: how many of these titles are going to be 'shovelware'?

An anonymous reader writes with a NYTimes piece on the early moves by European governments to implement an EU data retention directive. The governments of Germany and the Netherlands are initially proposing much more stringent programs than the EU directive requires. For example, the German proposal "would essentially prohibit using false information to create an e-mail account, making the standard Internet practice of creating accounts with pseudonyms illegal." The Times notes that, early days as it is, nevertheless some people involved in the issue are "concerned about a shift in policy in Europe, which has long been a defender of individuals' privacy rights."

Next Generation is reporting that what-was-once E3, and what could have been the 'GamePro Expo', has now been renamed to the Entertainment for All expo. 'E For All', for short, will feature an open door policy: all you have to do to get in is pay the $100 admittance fee. From the article: "E for All will be held at the L.A.C.C. October 18-20, 2007, just as the holiday gift-buying season ramps up. Attendees will be able to buy exhibitors' products from the show floor. Dolaher wasn't yet ready to announce exactly which companies are participating as contracts are being worked out. Other highlights at the event will include hands-on opportunities to try out the latest games and gadgets, videogame tourneys, a job fair and 'family-friendly offerings.'"

ElFozzie writes "From a handheld perspective, Pocket Gamer has posted a couple of features offering a positive viewpoint on the reasons why both PSP and DS might have a very happy new year. Tellingly, whilst the PSP piece focuses on a range of new potential developments from new peripherals and downloadable video content to price drops and even a new version of the handheld system, the DS article simply highlights 10 top games titles due to hit the streets in the next 12 months. On one level this could be argued as a reflection of the divergent strategies of the two devices and companies, with Sony trying to establish all-singing, all-dancing, all movie-music-and-gaming 'entertainment platforms', whereas Nintendo have focused solidly upon one core area. However a simpler argument would suggest it's merely underlining why Nintendo has raced ahead this year and the lesson Sony are going to have to learn if they are to have any chance of a truly prosperous 2007 — "It's about the games stupid!""

cyrus_zuo writes "Creating off-beat, original, and carefully crafted games is the heritage of Independent Game developers, and the Top 10 Independent Games of 2006 does its ancestry proud. Each of the 10 games selected this year is a winner in its own right, an undiscovered gem just waiting to be found. So dim the lights and warm up your modem, as Game Tunnel presents The Top 10 Independent Games of 2006." The annual Independent Games Festival will also be giving a nod to indie games from 2006, and via features you can have a look behind the scenes at some of Game Tunnel's winners. Check out the entries on Kudos , Gumboy Crazy Adventures , and Virtual Villagers .