We recently discussed a man who sued NCsoft for making Lineage II "too addictive" after he spent 20,000 hours over five years playing it. Now, several readers have pointed out that the lawsuit has progressed past its first major hurdle: the EULA. Quoting: "NC Interactive has responded the way most software companies and online services have for more than a decade: it argued that the claims are barred by its end-user license agreement, which in this case capped the company's liability to the amount Smallwood paid in fees over six months prior to his filing his complaint (or thereabouts). One portion of the EULA specifically stated that lawsuits could only be brought in Texas state court in Travis County, where NC Interactive is located. ... But the judge in this case, US District Judge Alan C. Kay, noted that both Texas and Hawaii law bar contract provisions that waive in advance the ability to make gross-negligence claims. He also declined to dismiss Smallwood's claims for negligence, defamation, and negligent infliction of emotional distress."

adeelarshad82 writes "Microsoft unveiled a new wireless Xbox 360 controller, which features a revamped D-pad that transforms from a plus to a disc. The new D-pad was developed to address complaints from users. Other new features include: A, B, X, and Y buttons that are gray instead of the standard red, green, yellow, and blue; and a matte silver color. The controller includes 2.4-GHz wireless technology with a 30-foot range."

An anonymous reader tips news that Valve Software has filed a trademark claim for the term "DOTA," fueling speculation that the company will soon reveal a new Defense of the Ancients game. Voice actor John St. John recently said he was recording for such a game in a post to Twitter. The tweet was subsequently deleted. Last year Valve hired 'Icefrog,' lead developer for the original DotA mod.

An anonymous reader writes "The core of how people first learn to do stuff — programming, music, writing, etc. — is to imitate others. It's one of the best ways to learn. Apparently a bunch of students using MIT's educational Scratch programming language understand this. But not everyone else does. NAMCO Bandai sent a takedown notice to MIT because some kids had recreated Pac-man with Scratch. The NAMCO letter is pretty condescending as well, noting that it understands the educational purpose of Scratch, but 'part of their education should include concern for the intellectual property of others.'"

astroengine writes "Yesterday morning, at 08:55 UT, NASA's Solar Dynamics Observatory detected a C3-class flare erupt inside a sunspot cluster. 100,000 kilometers away, deep within the solar atmosphere (the corona), an extended magnetic field filled with cool plasma forming a dark ribbon across the face of the sun (a feature known as a 'filament') erupted at the exact same time. It seems very likely that both eruptions were connected after a powerful shock wave produced by the flare destabilized the filament, causing the eruption. A second solar observatory, the Solar and Heliospheric Observatory, then spotted a huge coronal mass ejection blast into space, straight in the direction of Earth. Solar physicists have calculated that this magnetic bubble filled with energetic particles should hit Earth on August 3, so look out for some intense aurorae — a solar storm is coming."

the_arrow writes "According to the artist currently known as Prince, 'The internet's completely over.' At least that what he says in an interview with the British newspaper Mirror. Quoting Prince: 'The internet's like MTV. At one time MTV was hip and suddenly it became outdated. Anyway, all these computers and digital gadgets are no good. They just fill your head with numbers and that can't be good for you.'"

mmmscience writes "In 2009, a series of small earthquakes shook the region of L'Aquila, Italy. Seismologists investigated the tremors, but concluded that there was no direct indication of a big quake on the horizon. Less than a month later, a magnitude 6.3 earthquake killed more than 300 people. Now, the chief prosecutor of L'Aquila is looking to charge the scientists with gross negligent manslaughter for not predicting the quake."

cremeglace writes "In the late 1990s, astronomers noticed a distinct warp in the disk of dust and gas orbiting a young star some 60 light-years from Earth. Now, using new analytical tools, researchers have discovered a giant planet lurking within the dusty haze. About nine times as massive as Jupiter and composed mainly of gas, the planet is only a few million years old, proving that such enormous planetary bodies can form rapidly." What's amazing about this is that the images taken of the star clearly show the planet first on one side of the star, and then the other, several years later.

Administrators at England's Worthing Hospital are insisting that doctors say the magic word when writing orders for blood tests on weekends. If a doctor refuses to write "please" on the order, the test will be refused. From the article: "However, a doctor at the hospital said on condition of anonymity that he sees the policy as a money-saving measure that could prove dangerous for patients. 'I was shocked to come in on Sunday and find none of my bloods had been done from the night before because I'd not written "please,"' the doctor said. 'I had no results to guide treatment of patients. Myself and a senior nurse had to take the bloods ourselves, which added hours to our 12-hour shifts. This system puts patients' lives at risk. Doctors are wasting time doing the job of the technicians.'"

Eraesr writes "Apparently Valve boss Gabe Newell thinks the PS3 needs to be more of an open platform, drawing a comparison to Apple's Mac platform. In an interview with 5BY5.TV, he said he would like to see the PS3 be 'open like a Mac' instead of being 'more closed like a Gamecube.' 'Platform investments, like the Mac, are difficult because you have to be aware of what direction that platform is moving,' Newell said, referring to the firm's recent move onto Macs with its titles and distribution service Steam. 'We need to target platforms that do a better job of looking like where we want to be in a few years.'"

Boy Wunda writes "In just one six-month period in Rio de Janeiro, Brazil, in 2006, 96 newborn babies who were in need of medical care died before they could get help. In many developing nations, these deaths could be prevented simply by providing better ways for medical responders to transport infants properly over rough terrain and keep them alive until they can reach hospitals and clinics. Now, a group of Colorado State University seniors has designed and filed a patent for a medically equipped incubator backpack unit that they believe can reduce baby deaths in medical emergencies both in the United States and in newly industrialized nations."

Lanxon writes "Wired has a lengthy investigation into the state of PC game mods, and the amateurs keeping the scene exciting in the wake of draconian DRM placed on many PC titles by major studios. It highlights a number of creative modders, such as Scott Reismanis, founder and editor of Mod DB, and his community-driven alternative to Valve's Steam — Desura — which is 'a distribution system, and, like Steam, will sell games and champion indie titles. But the way it handles mods makes it even more exciting.'"

NotSoHeavyD3 writes "I doubt this is much of a surprise but apparently Cornell University did a study that seems to show you're more likely to get convicted if you're ugly. From the article: 'According to a Cornell University study, unattractive defendants are 22 percent more likely to be convicted than good-looking ones. And the unattractive also get slapped with harsher sentences — an average of 22 months longer in prison.'"

Stoobalou writes with this excerpt from Thinq.co.uk: "A new study has shown that brain training games do little to exercise the grey matter. Millions of people who have been prodding away at their Nintendo DS portable consoles, smug in the knowledge that they are giving their brains a proper work-out, might have to rethink how they are going to stop the contents of their skulls turning into mush."