John Carmack Accused of Stealing ZeniMax Technology For Oculus

[Andy Chalk]

John Carmack Accused of Stealing ZeniMax Technology For Oculus

ZeniMax Media claims that John Carmack took its proprietary technology with him when he left the company to join Oculus VR.

John Carmack's breakup with ZeniMax Media, the company that Wall Street Journal [http://www.escapistmagazine.com/news/view/92641-ZeniMax-Media-Acquires-id-Software-UPDATED], ZeniMax is now accusing Oculus of improperly using technology developed by Carmack during his time under the ZeniMax banner.

"ZeniMax confirms it recently sent formal notice of its legal rights to Oculus concerning its ownership of key technology used by Oculus to develop and market the Oculus Rift. ZeniMax's technology may not be licensed, transferred or sold without ZeniMax Media's approval. ZeniMax's intellectual property rights arise by reason of extensive VR research and development works done over a number of years by John Carmack while a ZeniMax employee, and others. ZeniMax provided necessary VR technology and other valuable assistance to Palmer Luckey and other Oculus employees in 2012 and 2013 to make the Oculus Rift a viable VR product, superior to other VR market offerings," ZeniMax Media said in a statement send to The Escapist.

"The proprietary technology and know-how Mr. Carmack developed when he was a ZeniMax employee, and used by Oculus, are owned by ZeniMax. Well before the Facebook transaction was announced, Mr. Luckey acknowledged in writing ZeniMax's legal ownership of this intellectual property. It was further agreed that Mr. Luckey would not disclose this technology to third persons without approval," the statement continues. "Oculus has used and exploited ZeniMax's technology and intellectual property without authorization, compensation or credit to ZeniMax. ZeniMax and Oculus previously attempted to reach an agreement whereby ZeniMax would be compensated for its intellectual property through equity ownership in Oculus but were unable to reach a satisfactory resolution. ZeniMax believes it is necessary to address these matters now and will take the necessary action to protect its interests."

Oculus denies the claim outright, saying in a statement of its own, "It's unfortunate, but when there's this type of transaction, people come out of the woodwork with ridiculous and absurd claims. We intend to vigorously defend Oculus and its investors to the fullest extent."

[tweet t=https://twitter.com/ID_AA_Carmack/status/461918500307472384]

The great likelihood here is that some sort of licensing agreement will be reached in relatively short order, but there is one wild card in the deck that could throw a wrench into the works: Facebook, which recently acquired Oculus VR [http://www.escapistmagazine.com/news/view/133231-Facebook-is-Buying-Oculus-VR-for-2-Billion-Update-4] and has the resources needed to fight this kind of claim. If ZeniMax insists on a stake in Oculus and Facebook doesn't feel like sharing, this could actually go to the mat.

As for Carmack himself, he took a not-quite-cut-and-dried position on the matter on Twitter that appears to at least tacitly acknowledge that ZeniMax's claim has some validity. "No work I have ever done has been patented," he tweeted. "Zenimax owns the code that I wrote, but they don't own VR."



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[Adam Jensen_v1legacy]

The only reason they're doing this is because Facebook bought Oculus VR and Facebook has a lot of money. So their greed took over and this is the result.

 

[FinalDream]

Wow. So now the money is out they want a slice! Can't say I'm surprised, happens all the time. I just hope he didn't use any of his code by accident...

 

[josemlopes]

Way to thank him for all the work he did at id under their wing.

 

[Snotnarok]

This isn't the first time they got nasty, anyone remember their battle with Notch and Scrolls? ....Anybody? You there with the blue hat! You remember? ....D: Nope.

 

[Gorrath]

Huh, I wasn't aware that one could own someone else's "know how". Does that mean Zeni-Max owns anything he does forever because he developed his "know-how" with them first? I hope they don't actually try that as a legal argument!

 

[Undomesticated Equine]

They may own all that he created before he left but they cannot stop him from using his knowledge. It is like they think that he worked for them for a while and therefore they now own his brain or something.

 

[Scrythe]

I interpreted this as

Dear, John Carmack

[HEADING=1]Fuck you.[/HEADING]

Signed,
ZeniMax

The timing of this is too perfect for it be a coincidence. I'm wondering if they were waiting for the Oculus to get a nice, fat revenue stream before attempting this, but the Facebook deal catalyzed that plan.

 

[Raziel]

This isn't the first time they got nasty, anyone remember their battle with Notch and Scrolls? ....Anybody? You there with the blue hat! You remember? ....D: Nope.

Not the same thing. Their actions against Scrolls was mandated by the way US copyright law works. They have to take action against everyone if they ever want to be able to take action against people who are actually copying them. Its just a shitty law. you cannot judge a company based solely on their obeying it.

 

[Albino Boo]

Way to thank him for all the work he did at id under their wing.

They thanked him with a very large amount of money paid monthly for all the time he worked there

 

[Tireseas_v1legacy]

The only reason they're doing this is because Facebook bought Oculus VR and Facebook has a lot of money. So their greed took over and this is the result.

Which is why they waited until they were bought by a company that can literally afford the best IP lawyers in the world, potentially risking that they would raise the defense of implied licence (i.e. they let it go for so long as to imply consent for the IP's use) rather than going after them when they were running on kickstarter funds and would most likely settle?

Wow. So now the money is out they want a slice! Can't say I'm surprised, happens all the time. I just hope he didn't use any of his code by accident...

There is an exception in IP law that coding done in the absence of influence (independently created) can be considered non-infringement. But Carmack would have to be completely separated from the coding process (this can be done retroactively, though, and many large software corporations have entire divisions designed to do this).

 

[Grimh]

Man, once I perfect my mind-wiping/extracting electro-shock brain-implants, I'll make millions.

The electro-shocks don't even serve a purpose in the process!

I added it for that extra huge little flair of unimaginable pain incomprehensible pain.

 

[Vigormortis]

Oh Zenimax. You are the "King" [http://www.escapistmagazine.com/news/view/132196-CandySwipe-Developer-Surrenders-to-King-in-Rage-Filled-Open-Letter] of publishers and parent companies.

Carmack and the others seem to have forgotten that they must bow before your eminence.

 

[Snotnarok]

This isn't the first time they got nasty, anyone remember their battle with Notch and Scrolls? ....Anybody? You there with the blue hat! You remember? ....D: Nope.

Not the same thing. Their actions against Scrolls was mandated by the way US copyright law works. They have to take action against everyone if they ever want to be able to take action against people who are actually copying them. Its just a shitty law. you cannot judge a company based solely on their obeying it.

I don't recall them having a good response with it however, Notch made some post about a match in quake or something and they ignored him and just let the lawyers take care of it. At least till people were getting annoyed.
It is a pretty shitty law considering Scrolls doesn't really have much to do with The Elder Scrolls.

 

[Merlark]

Looks like someone wants some of that fat face book money bag being passed around.

 

[FinalDream]

There is an exception in IP law that coding done in the absence of influence (independently created) can be considered non-infringement. But Carmack would have to be completely separated from the coding process (this can be done retroactively, though, and many large software corporations have entire divisions designed to do this).

True, but like my contract (SQL developer and Visual Basic), I'd assume he had a clause that basically states anything developed while working for the company is owned by the company. He did a lot of stuff for ZeniMax, so they might just have a leg to stand on in court.

 

[Tireseas_v1legacy]

There is an exception in IP law that coding done in the absence of influence (independently created) can be considered non-infringement. But Carmack would have to be completely separated from the coding process (this can be done retroactively, though, and many large software corporations have entire divisions designed to do this).

True, but like my contract (SQL developer and Visual Basic), I'd assume he had a clause that basically states anything developed while working for the company is owned by the company. He did a lot of stuff for ZeniMax, so they might just have a leg to stand on in court.

Yes, and that's why independent creation is an acceptable defense. It isn't a product of their's if the other firm made it without using their property (i.e. Carmack's prior programming under Zenimax). And this all assumes that the US Supreme Court remains consistent on software IP issues (every once and a while they change what is protected, giving tech firms a headache and IP lawyers a few more billable hours).

I think at this point the best thing to do is to let it go through pleadings and discovery and let the courts sort it out. My bet is that it will end quietly with Zenimax selling its VR IP to Oculus Rift/facebook for a profit as part of a settlement.