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[Polygon] Oculus lawsuit ends with half billion dollar judgment awarded to ZeniMax

People are being short sighted by saying "yeah, but Zenimax was asking for $4 billion." It's standard procedure for lawsuits to ask for an absurdly high number. That doesn't mean it's necessarily what they expected.

Only Zenimax insiders know for certain but I expect they are ecstatic with this result.
 

OryoN

Member
The stock market was waiting on Facebook's earnings report later today, which will affect trading tomorrow. The timing of this court case result may have an impact on their stocks. It could make investors a bit reluctant to be bullish even if FB posts decent profit/growth for the recent season. (I literally just heard, while typing, that their Q4 results looked good!).
 

arimanius

Member
You could say he's not so... Luckey?


giphy.gif
 
People are being short sighted by saying "yeah, but Zenimax was asking for $4 billion." It's standard procedure for lawsuits to ask for an absurdly high number. That doesn't mean it's necessarily what they expected.

Only Zenimax insiders know for certain but I expect they are ecstatic with this result.

Though they most likely were hoping for a cut from future earnings which could always be massive should the VR industry and Oculus become huge. But with Oculus not misappropriating trade secrets that's not gonna happen.
 
Hm, glad to hear Carmack was cleared but surprised at the result. Didn't even realize this NDA breaking business was in the case as well.

At the very least, Palmer has to pay $50 million of it himself so that's good.
 

mnannola

Member
Luckey will personally have to pay $50 million in the suit, while former Oculus CEO Brendan Iribe will be forced to pay $150 million.

Holy hell Brendan Iribe has to shell out 150 million of his own money? Just how rich is that guy?
 
Polygon story has been update with the same details from the TechCrunch story. So basically, the court/jury found in favour of Zenimax on copyright infringement (using Doom 3: BFG Edition to show off the Rift to investors), false designation (misleading people into think Zenimax supported the Rift, probably via Carmack's comments and the use of Doom 3: BFG Edition) and Breach of Contract (the NDA). Strangely, though, they didn't find in favour of Zenimax on the trademark infringement issue (using trademarks associated with Doom 3: BFG Edition without Zenimax's consent).

Why would the jury award Zenimax damages for copyright infringement but not trademark infringement?

(also, from my reading, Carmack was cleared of communicating trade secrets, but it kind of still sounds like he went along with the Doom 3-related stuff, so I wouldn't say he's 100% in the clear based on what we know of the verdict so far)
 

LordofPwn

Member
Why would the jury award Zenimax damages for copyright infringement but not trademark infringement?

Because it was a jury. Because Copyright and Trademark are 2 separate things. I'm not a lawyer, and i'll need to chat with my lawyer friends, but from how it sounds they used Doom 3 BFG edition (copyrighted) but didn't create something new using the Doom property (trademark). I'm sure it's a bit more complicated than that though.
 

Ocaso

Member
NeoGAF needs to bring back the laughing smiley just for this post.

Lol! I just realized my mistake! That'll teach me to post when exhausted! I will leave it unedited for posterity. Carry on...

(It's still a ridiculous amount of money and still a victory for Zenimax, though).
 

LordCanti

Member
Zenimax winning doesn't make me happy.

But this sure does.

It's a bit odd to me that Palmer is only on the hook for 50 while Iribe is in for 150. I'm not a lawyer though, so I guess I don't know if being CEO (Iribe) means you're more liable than the founder. Some money coming out of Palmer's pocket directly is appealing but... yeah... speaking of appeals...
 

Zaventem

Member
This really isn't as big as a blow as some are making it out to be for a company like facebook. They wanted 4 billion
 

Fisty

Member
Zenimax getting $500 million ain't exactly the best outcome, but at least Lucky lost 50 million in the process.
 
Man Palmer Luckey costed Facebook so much.

Why do people keep pretending as if it was Palmer Luckey that was solely responsible in this case? As if Carmack didn't do anything –– purportedly –– wrong by taking with him ideas from his time at Zenimax.

Seems like people just wishing the worst on Luckey because of his political exploits, more than anything else with respect to the actual legitimacy of the case brought against Oculus. Wonder if people's perceptions would be different had he not engaged in right-wing political manoeuvring.
 
How is anyone saying this isn't a ridiculous amount of money? It's $500 million! You could give $1 million to every person in America from that and have money over $100 million left over. It's a colossal victory for Zenimax, particularly given how vehemently and smugly Facebook argued against any wrongdoing and how they likely overvalued Oculus initially.
Lol

Til there are 500 people living in america
 

Justified

Member
So Carmack was found at fault just not monetarily.

Now Zenimax is looking at stopping Oculus sales based on this. Its not over folks!

While not awarding any money on this count, the jury also found that id Software co-founder and current Oculus CTO John Carmack took Rage source code and thousands of electronic files on a USB storage device which contained ZeniMax VR technology when he left the company.

Carmack intentionally destroyed data on his computer after he got notice of this litigation and right after he researched on Google how to wipe a hard drive—and data on other Oculus computers and USB storage devices were similarly deleted (as determined by a court-appointed, independent expert in computer forensics); (vii) when he quit id Software, Carmack admitted he secretly downloaded and stole over 10,000 documents from ZeniMax on a USB storage device, as well as the entire source code to RAGE and the id tech® 5 engine —which Carmack uploaded to his Oculus computer; (viii) Carmack filed an affidavit which the court's expert said was false in denying the destruction of evidence;

http://www.polygon.com/2017/2/1/14478258/zenimax-oculus-injunction
 
People are being short sighted by saying "yeah, but Zenimax was asking for $4 billion." It's standard procedure for lawsuits to ask for an absurdly high number. That doesn't mean it's necessarily what they expected.

Only Zenimax insiders know for certain but I expect they are ecstatic with this result.

Yep.
 

L Thammy

Member
I like how this case reversed its GAF reception. Initially people were dismissive of the accusations and were rooting for Oculus, and now...

Anyway Luckey get fucked
 

FlyinJ

Douchebag. Yes, me.
Why do people keep pretending as if it was Palmer Luckey that was solely responsible in this case? As if Carmack didn't do anything –– purportedly –– wrong by taking with him ideas from his time at Zenimax.

Seems like people just wishing the worst on Luckey because of his political exploits, more than anything else with respect to the actual legitimacy of the case brought against Oculus. Wonder if people's perceptions would be different had he not engaged in right-wing political manoeuvring.

He wasn't engaging in right-wing political maneuvering. He was engaged in alt-right (milo was involved, as well as anonymous white supremacists) political maneuvering.

I hate this "aw shucks he just had a different political viewpoint" bullshit.
 
Why do people keep pretending as if it was Palmer Luckey that was solely responsible in this case? As if Carmack didn't do anything –– purportedly –– wrong by taking with him ideas from his time at Zenimax.

Seems like people just wishing the worst on Luckey because of his political exploits, more than anything else with respect to the actual legitimacy of the case brought against Oculus. Wonder if people's perceptions would be different had he not engaged in right-wing political manoeuvring.

I mean yeah, if Luckey hadn't promoted and backed a neo-Nazi group people would feel differently about him. It's kind of hard to side step that whole bit.
 

AAK

Member
500 million over a simple Doom mod... I don't know what to say or understand the justice logic if Carmack was acquitted of the data theft lawsuit.

But it would be nice if that money was funneled to more projects by Tango Gameworks hopefully.
 

Justified

Member
500 million over a simple Doom mod... I don't know what to say or understand the justice logic if Carmack was acquitted of the data theft lawsuit.

But it would be nice if that money was funneled to more projects by Tango Gameworks hopefully.

He wasnt. Zenimax lawyers are about to load another round in the chamber.
 

Matt

Member
Pretty much everything here happened as I expected, though I thought ZM would get damages from Carmack's wrongdoing (though they are trying again there).
 

Justified

Member
So the lawsuit isn't over? The jury have to deliberate more?

This particular one is over, but base on some of the rulings Zenimax is thinking of filling an injunction to halt the sale of Oculus headsets. Because the jury did find the Carmack lied, and stole electronic files, and source code (though they didnt award any money damages for it)
 
They have evidence that Carmack used Google to search "how to delete stolen Zenimax data from a hard drive" after he learned about the investigation?

That's the funniest thing I've heard today. Well done, Carmack. One of the finest criminal minds of our time.
 

Justified

Member
What the fuck was Carmack thinking? He's been in the business for so long he should know that all of this was such a bad idea. What a moron.

You would think someone of his technical stature would not have to google how to wipe a hard drive at least lol
 

Reallink

Member
So Carmack was found at fault just not monetarily.

Now Zenimax is looking at stopping Oculus sales based on this. Its not over folks!





http://www.polygon.com/2017/2/1/14478258/zenimax-oculus-injunction

It doesn't seem plausible that John Carmack had to Google how to wipe a hard drive, considering he has surely built dozens and dozens of computers in his day and sold/gave/disposed of what must be hundreds of HDD's. Presumably he would at minimum be familiar with DBAN, dozens of Windows wiping tools, or whatever exists in Linux, and could assuredly writen his own in about 10 minutes. Not even getting into how they would have come by such evidence, which I assume means he Googled it from his Zenimax computer. Definitely smells fabricated.
 

Akronis

Member
You would think someone of his technical stature would not have to google how to wipe a hard drive at least lol

Ehhh programming knowledge does that translate to workstation and hardware knowledge.

However, that's some pretty basic shit. Any corporate IT dept usually uses 7-pass DoD standard for wiping drives (depending on PII and other restricted/conf. info).
 

Justified

Member
It doesn't seem plausible that John Carmack had to Google how to wipe a hard drive, considering he has surely built dozens and dozens of computers in his day and sold/gave/disposed of what must be hundreds of HDD's. Presumably he would at minimum be familiar with DBAN, dozens of Windows wiping tools, or whatever exists in Linux, and could assuredly writen his own in about 10 minutes. Not even getting into how they would have come by such evidence, which I assume means he Googled it from his Zenimax computer. Definitely smells fabricated.

This was on Oculus computers though. Plus he admitted to stealing the data
 
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