Master of The Free World Productions | Jumpcut Entertainment Network

Court Filing Details Breakdown Of Relationship Between Désilets And Ubisoft

Game Informer has obtained an unofficial translation of Patrice Désilets' court filing seeking recompense for his termination at Ubisoft's hands and the ability to secure the rights to 1666: Amsterdam. The filing details the long history between the two parties, including Désilets attempts to secure increased financial recognition and creative freedom at Ubisoft following the success of Assassin's Creed.

As we mentioned earlier, Ubisoft and Désilets previously were entangled in court over his departure for THQ. After that publisher's bankruptcy, Désilets' 1666: Amsterdam was acquired by his former employer. Following that, Désilets met with Ubisoft Montréal CEO Yannis Mallat. At that meeting, the prior departure due to creative freedom and the subsequent legal history were discussed, ultimately resulting in shared excitement over the continuation of development of 1666: Amsterdam.

According to the filing, after that point, direct discussion between the two was limited to the project at hand. The two met and conversed over a period of months about "technology, staffing, and budgets" as well as "creative and practical aspects surrounding the development."

Communication started to break down in mid-march, after Désilets had requested revisiting his contract with THQ (which had been assumed by Ubisoft). One of the key revisions was a request for Ubisoft to either acknowledge that the project was on track via acceptance that an "acceptable prototype" had been provided or waiver of the related clause allowing termination for failure to deliver. This culminated with a rejection of this request and an email from Ubisoft's entertainment lawyer stating, "Ubisoft can develop and publish 1666 with Patrice Désilets or without him."

On March 29, Désilets met with Ubisoft chairman and CEO Yves Guillemot. At this point, according to the document, Guillemot stated that THQ had given Désilets too much creative freedom and that "Ubisoft would have a problem" exercising control over him. Guillemot apparently also stated that Danny Bilson, former vice president of core games at THQ had been "desperate" at the time the deal was struck.

At the beginning of April, Désilets met with Mallat, was told that Ubisoft's position was firm, and that the developer had until April 10 to accept. On April 22, the two met for the last time and could not come to an agreement. The results were reported to Guillemot, who signed off on Désilets termination, which was handed down on May 7, 2013. Désilets was not permitted to gather his belongings or say anything to his team. He was instead escorted out of the building immediately. 

The document calls for the following recompense:

  • Reimbursement of all expenses through May 7, 2013 (totaling $ 35,000)
  • Severance in the amount of $ 250,000
  • Continuation of insurance through May 6, 2014
  • Relocation and job search fees in the amount of $ 25,000
  • Damages in the amount of $ 100,000 for misrepresenting the facts of the termination (Ubisoft stated that Désilets departed)

Additionally, Désilets seeks to exercise the "turnaround right" clause that would give him the rights to 1666: Amsterdam should it be canceled. Ubisoft has instead used the term 'on hold." Also, since Ubisoft has declared its belief that the THQ agreement has been terminated, Désilets cannot exercise the turnaround right at this time.

All told, this is likely going to be an ugly battle for not a great deal of money. The total financial outlay would be about $ 400,000 and the rights would not be delivered to Désilets without some form of compensation.

www.GameInformer.com – The Feed

Nintendo Triumphs In Court Case Against Motiva

Nintendo's legal defense against Ohio-based Motiva LLC might be at an end after five years. The house that Mario built has been fending off a patent suit since 2008, when Motiva filed a claim based on the Wii's ability to sense position and movement.

Today the Federal Circuit Court of Appeals found that Motiva's motivations for suing Nintendo were solely to collect damages and win a settlement. In order to have been successful, Motiva would have had to prove that it was making a significant investment to bring a product to market using its patents.

According to Reuters, Motiva will continue to appeal. Nintendo will be able to continue to importing the Wii unless Motiva is successful in its case.

The full press release is on page two.


www.GameInformer.com – The Feed

Designer Behind Original Madden NFL Football Will Have Day In Court With EA

This year's entry in the Madden NFL franchise will mark the 25th anniversary of the only (current) licensed professional American football game. EA has had an exclusive hold on the NFL and the Players' Association since 2005's installment, and today's game is markedly different than the original that was released in 1988 on Commodore 64, Commodore 128, Apple II, and MS-DOS computers.

Or is it?

According to the lead designer of the first Madden title, Robin Antonick, present-day versions still utilize the foundational source code he developed. The case has been going on for over two years. 

"The case started in 2009 and arose with some information coming to Mr. Antonick's attention that indicated that his game might have actually been the precursor or basis for the other games," Robert Carey, a partner with Hagens Berman Sobol Shapiro and Antonick's attorney told Game Informer. 

"We had to get source code information from the defendant in order to figure out whether or not Mr. Antonik's information was used. That's the only way you can really tell in these cases if there was any sort of infringement is to look at the source code. We battled a little on that, but we eventually got it. Over the last four or five years, we've had three summary judgement motions brought by EA and they've lost them all. We're now a little over a month out from trial."

Antonik brought his work on a full 11 vs 11 football game to EA, who had previously been unsuccessful in developing one, according to Carey. That code according to Antonick and his attorney was still referenced by people working on the 20th anniversary installment in the series. "What he found out was that one of the people who was very involved in [Antonick's] work at Electronic Arts was very involved with the second version, which was allegedly done independently," Carey explained.

Antonick is seeking damages, alleging that EA used his intellectual property without permission. The contracted royalty rate would be used to determine the value of the use, however according to Carey, it is not necessarily indicative of what Antonick would have negotiated had EA openly used his work.

"It's pretty compelling evidence that [EA] dipped into Mr. Antonick's intellectual property and used it to make the subsequent games, which were allegedly independently created," Carey told us. "If that is true, we've had for the past 20 years is a false narrative about how the whole EA Madden franchise started, was developed, was fostered, and many careers and fortunes have been made out of Madden's NFL glory."

Antonick will have his day in court beginning on June 17, 2013. At that point our understanding of the true history of the Madden franchise may be forever changed. "None of it, if you look at recent articles, has been afforded to Mr. Antonick," Carey explained. "The people that claim to have done it without him simply aren't telling the truth. His work product is all over subsequent source code."

EA declined to provide comment for this story, but company founder Trip Hawkins made his thoughts known in 2011.

www.GameInformer.com – The Feed

John Madden Football designer’s lawsuit against EA going to court

Madden lawsuit going to court

Robin Antonick, designer of John Madden Football for 8-bit computers, will have his case against EA proceed to trial June 17, after a federal judge denied EA’s motion to dismiss Antonick’s lawsuit. Antonick filed in 2011, seeking royalties and a cut of profits from the Madden series’ subsequent success.

“We have very compelling evidence indicating that EA used Mr. Antonick’s ground-breaking code and design elements as the basis for both past and present Madden NFL titles,” Robert Carey, one of Antonick’s attorneys, said in a press release. “Yet, EA has failed to compensate him as required by his agreement or give him proper credit for his work. We look forward to proving our case at trial, and we are very confident that we will prevail.” Antonick claims he signed a deal with EA in 1986 entitling him to royalties from derivative works, and claims that the later Madden games all count as derivative from his game.

[Image: Mobygames]

Continue reading John Madden Football designer’s lawsuit against EA going to court

JoystiqJohn Madden Football designer’s lawsuit against EA going to court originally appeared on Joystiq on Tue, 30 Apr 2013 17:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments
Joystiq

Langdell’s ‘Edge’ trademark canceled by court order

Langdell's 'Edge' trademark canceled by court order
The “Edge” trademark belonging to Edge Games founder Tim Langdell has been canceled by a court order, stripping Langdell of the ability to file suit against every other game developer and publisher who used the word “Edge” in any context.

Following a petition by DICE and EA (Mirror’s Edge), the US Patent and Trademark Office officially issued notice of the cancelled registration on April 17, a process that has been ongoing since 2010. Two Tribes, publisher of Mobigame’s Edge (pictured), celebrated by discounting all versions of the puzzle game 50%. Edge was taken down from the App Store repeatedly due to issues with the “Edge” trademark.

JoystiqLangdell’s ‘Edge’ trademark canceled by court order originally appeared on Joystiq on Fri, 19 Apr 2013 11:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments
Joystiq

Court extends claims period on $27 million EA Sports settlement

Court extends claims period on $  27 million EA Sports settlement

The United States Federal District Court for the Northern District of California has sent word that it has modified the settlement distribution plan and certified the ongoing lawsuit against Electronic Arts and its exclusive NFL, NCAA, and AFL licenses. Because fewer than expected claims have been filed, the court has extended the claim period from this past March to May 15, 2013.

If you’ve already filed a claim, you’re good to go, and the court says this agreement won’t decrease your portion of the settlement. If you haven’t filed a claim yet, aren’t an EA employee, and bought a Madden NFL, NCAA Football, or Arena Football game for Xbox, Xbox 360, PlayStation 2 or 3, the GameCube, or the Wii between January 1, 2005 and June 21, 2012, you can file a claim on the website and still be eligible to receive some compensation.

This decision does not mean the court has agreed to any wrongdoing on EA’s part, and EA itself still denies the claims that these exclusive licenses were anything but “legal and proper,” according to the notice. But EA says that it is filing this settlement “solely to eliminate the uncertainties, burden, and expense of further protracted litigation.”

JoystiqCourt extends claims period on $ 27 million EA Sports settlement originally appeared on Joystiq on Mon, 15 Apr 2013 18:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments
Joystiq

Out Of Court Settlement Reached Between EA And Zynga

Last summer, EA filed a copyright infringement lawsuit against Zynga over their obvious Sims rip-off The Ville. Today, it's being reported that the lawsuit has been dismissed.

Zynga had also filed a counter-suit against EA, claiming that the publisher was preventing their employees from leaving for the mobile developer. Both lawsuits have been dismissed thanks to an out of court settlement. Details about what this settlement consists of were not revealed.

EA hasn't offered a public response, but Zynga has. Speaking to Gamasutra, a representative stated "EA and Zynga have resolved their respective claims and have reached a settlement of their litigation in the Northern District of California."

We'll update this story if EA offers a statement in response.

Source: Gamasutra

www.GameInformer.com – The Feed

EA and Zynga settle The Ville copycat case out of court

EA’s claims that Zynga’s The Ville was a blatant copy of The Sims Social — and Zynga’s counterclaim that EA illegally prevented Zynga from hiring its employees — were both dismissed in a settlement that apparently has Zynga smiling. …


Gamasutra News

Court Dismisses Axl Rose’s Guitar Hero Lawsuit

Axl Rose's longstanding lawsuit against Activision has been dismissed by the Los Angeles Superior Court.

Back in 2010, Guns N' Roses frontman Rose filed a lawsuit against Activision over what he claimed constituted fraud, misrepresentation, and breach of contract. Specifically, Rose claimed that Activision had agreed not to include the likeness of former-bandmate-turned-enemy Slash in Guitar Hero III, which featured Guns and Roses' hit "Welcome to the Jungle." Slash was included in the game anyway, spurring the $ 20 million lawsuit.

Los Angeles Superior Court Judge Charles Palmer threw out Rose's charges of fraud and misrepresentation back in August 2012 because they were filed after the statute of limitations expired, but not the breach of contract claims. Last Friday, Palmer dismissed those as well, ending the lawsuit once and for all. 

 

[Source: San Marino Tribune, Via: Joystiq]

www.GameInformer.com – The Feed

Court approves THQ asset sales

The U.S. Bankruptcy Court has approved the sale of THQ’s assets to Ubisoft, Sega, and other companies, THQ announced this morning. The sales are all expected to close today. THQ totals the proceeds from the sale at $ 72 million, making a total of $ 100 million when added to the company’s estimate of its remaining assets.

In a statement issued by THQ (sure to be one of the last), CEO Brian Farrell said “While we had hoped that the restructuring process would allow the company to remain intact, I am heartened that the majority of our studios and games will continue under new ownership.”

New president Jason Rubin echoed the sentiment. “I was brought in eight months ago to help turn this ship around,” Rubin said, “and while I’m disappointed that we could not effect a sale for the entire operating business, I am pleased that the new buyers will be providing jobs to many of our very talented personnel. When we first announced the sale process, I said I would be happy if the company’s games and people had a bright future, even if it meant I did not have a job at the end of it. And I still feel that way.”

Continue reading Court approves THQ asset sales

JoystiqCourt approves THQ asset sales originally appeared on Joystiq on Thu, 24 Jan 2013 08:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments
Joystiq