John Carmack Accused of Stealing ZeniMax Technology For Oculus

Areloch

It's that one guy
Dec 10, 2012
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"The proprietary technology and know-how Mr. Carmack developed when he was a ZeniMax employee, and used by Oculus, are owned by ZeniMax."
Bolded the telling part. It's exceptionally difficult to pull a lock on learned knowledge a person carries between businesses in similar fields. At most they could push for trade secrets, but they'd have to prove it's an actual trade secret and not just a competing product.

Going off Carmack's twitter, it sounds like none of the code he wrote was brought over, but he(unsurprisingly) remembered how it worked.
If they haven't a patent on the method and can't prove trade secret, then Carmack is legally allowed to rewrite(not re-use) the code wherever and whenever he sees fit.
 

Chemical Alia

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Feb 1, 2011
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Reading this is bring back bad memories. :c

FinalDream said:
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...
I had a similar thing happen a couple years ago, after I left my internship at id for another company, after I won a contest for TF2 that eventually led to their in-game hat store. I was very sure I was within the bounds of my contract the whole time, but it was still scary to see something like that from a big corporation aimed right at you.

I've heard that Zenimax is fairly strict with their full-time people and what they're able to do outside of work, but I'm also assuming JC knew what his contract looked like.

I hope he can work it out!
 

james.sponge

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Mar 4, 2013
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josemlopes said:
Way to thank him for all the work he did at id under their wing.
Well ZeniMax acquired id in 2009, since then they published Rage and Doom BFG both did fine but not great, Carmack also worked on id tech 5 under their wing which wasn't really a success since the only two games that will be using it are Wolf New Order and Doom 4, Cry Engine, UE4 and Frostbite are far more popular. Also work on Doom 4 was greatly extended because the supposed quality didn't meet publisher's standards.

With all due respect, Carmack is a great engineer who revolutionized gaming as we know it however his achievements under ZeniMax were, objectively speaking, rather scarce. He cost them lots of money actually with all those loses brought by Doom and Rage.
 

Alterego-X

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Nov 22, 2009
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Raziel said:
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.
If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?

And more importantly, if you know so little about either that you can't even tell the difference between of these two unrelated legal concepts, why are you spreading factoids that are true for neither of them, just to excuse ZeniMax's trademark abuse?
 

Baresark

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Dec 19, 2010
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Just ridiculous. At this point we should be glad Facebook bought them. Occulus would never be able to hold out on their own. Facebook probably has a telephone book full of lawyers on their side so at very least it's even grounded. Imagine, just like that VR could be dead. This should make the people who are in charge of IP's and Patents take notice. Because last I checked, Zenimax hadn't announced their own VR Headset, but they somehow own something that could put a halt to the whole thing, potentially.
 

Sarge034

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Feb 24, 2011
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Alterego-X said:
If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?
Many people, within and outside of the US, refer to US intellectual property laws (copyright, trademark, and patents) simply as "copyright infringement". On top of that, all categories of US IP law have similar clauses that require an IP holder to pursue anything that might be construed as infringement or essentially lose the right to pursue any perceived or actual infringement. So nitpicking names is a rather asinine thing to do in this case.

And more importantly, if you know so little about either that you can't even tell the difference between of these two unrelated legal concepts, why are you spreading factoids that are true for neither of them, just to excuse ZeniMax's trademark abuse?
In the ultimate turn or irony you have used the incorrect IP terminology this time. Fairly certain Oculus didn't use ZeniMax's name, or their name's likeness, without permission.

But the poster is dead on the money. In all contracts like this the company retains the rights to all work conducted by the employee regardless if the work was IP law protected (read "copyrighted", "trademarked", and/or "patented" for the appropriate situation) or not unless explicitly stated to the contrary. Many go so far as to have a clause saying anything made by the employee in their personal time is also company property due to the employee obviously having to use company assists (IE knowledge gained and/or discovered at the company) to create the thing. But wait, there's more. Many contracts specifically state you can not work for another software firm congruently and many go so far as to bar you from the industry for an amount of time after your separation. We don't even know anything about that elephant in the room yet.

Everyone just needs to chill out for a second and find out the intricacies of the situation before they go into a blind ignorant rage at one side or the other.
 

Charli

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Nov 23, 2008
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Kumagawa Misogi said:
Smilomaniac said:
Zenimax... How I hope the company chrashes and burns and all their IP's are scattered to the wind, to be picked up freely by anyone who wants to.

As for the subject at hand, we have a their word again'st our word situation and no idea what the case actually is. My bet is that Carmack is smart enough not to actually "steal" any work from a previous workplace, at least not any that he didn't know he could get away with and that Zenimax is fishing for a quick settlement on a baseless case.

Even if I'm wrong, I have so little respect for Zenimax that I don't care. I'm considering adding them to my boycott list.

If Elder Scrolls Online cost as much as some of the rumour's say and the game's sales are as underwhelming as they currently look that may not be to far off.
I was feeling this too.

What a bunch of bitter lemons.
 

NuclearKangaroo

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"whats this? an insanely talented and experienced developer looking to expand his horizons and work on exciting and new ventures?... WELL WE CANT HAVE ANY OF THAT SHIT CAN WE!?"


ugh, nothing is worse than stupid greedy people in positions of power
 

newwiseman

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Aug 27, 2010
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I feel like ZeniMax has been trying real hard for the last few years to get me to start hating Bethesda by association...
 

fix-the-spade

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Feb 25, 2008
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newwiseman said:
I feel like ZeniMax has been trying real hard for the last few years to get me to start hating Bethesda by association...
Between things like this, the Scrolls business, Id's lack of quality output (or any output at all) and Elder Scrolls: Online I sometimes think Zenimax is somehow trying to sabotage itself, it's as if they like to just burn money.
 

RandV80

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Oct 1, 2009
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Alterego-X said:
Raziel said:
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.
If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?

And more importantly, if you know so little about either that you can't even tell the difference between of these two unrelated legal concepts, why are you spreading factoids that are true for neither of them, just to excuse ZeniMax's trademark abuse?
The cynical view as to how US copyright law or other similar areas for that matter works is whichever way creates the most work for lawyers. I believe the US has the largest per capita work force of lawyer's in the world, about 1 in 100. Gotta find work to keep them all busy!
 

MeChaNiZ3D

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Aug 30, 2011
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Now this loses me a bit. As far as I know, he developed the technology. He made progress in his field of operation as an engineer. That affects his future work because you don't just discard progress, if you find a way to do something better, are you meant to think of another way when you leave the company? How they managed to have ownership of his knowledge in his field is beyond me and frankly shouldn't happen.
 

DjinnFor

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Nov 20, 2009
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Andy Chalk said:
"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.
So yeah, they're basically arguing they have property rights over John Carmack's mind. Anything he knows about VR technology belongs to them, apparently.

This is one more nail in the coffin that is "justifications that remain for the imposition of copyright law".
 

Raziel

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Jul 20, 2013
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Alterego-X said:
Raziel said:
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.
If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?

And more importantly, if you know so little about either that you can't even tell the difference between of these two unrelated legal concepts, why are you spreading factoids that are true for neither of them, just to excuse ZeniMax's trademark abuse?
Trademark law then. My point still stands.

The United States Patent and Trademark Office, after reviewing the facts at hand, concluded that "[Regarding] THE ELDER SCROLLS marks, the applicant has merely deleted the term ELDER from the registered mark. The mere deletion of wording from a registered mark may not be sufficient to overcome a likelihood of confusion." In other words, the U.S. government believes that removing a single word will not make consumers any less likely to conflate Scrolls and The Elder Scrolls. This conundrum gets even more confusing, since the lawsuit will take place in Swedish courts, and U.S. copyright legality may not hold much water overseas.

Pete Hines, a VP at Bethesda, maintains that the lawsuit has nothing to do with the studio's creative team and everything to do with the legal technicalities of trademarks. "This is a business matter based on how trademark law works and it will continue to be dealt with by lawyers who understand it, not by me or our developers," he explained. "Nobody here enjoys being forced into this. Hopefully it will all be resolved soon."
http://www.escapistmagazine.com/news/view/113531-Bethesda-Doesnt-Enjoy-Being-Forced-into-Mojang-Lawsuit
 

LordMonty

Badgerlord
Jul 2, 2008
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See how it plays out, John Carmack has a good rep but I feel there is more to this and we don't have the whole picture before us.
 

FalloutJack

Bah weep grah nah neep ninny bom
Nov 20, 2008
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Well now, I had a feeling that the whole facebook and oculus thing wasn't really going to work out. Kinda' called it, mostly because facebook wouldn't know how to handle this sort of innovation properly...or just that someone would be an ass about it. So, yeah... Talk about a self-fulfilling prophecy.
 

RandV80

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Oct 1, 2009
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FalloutJack said:
Well now, I had a feeling that the whole facebook and oculus thing wasn't really going to work out. Kinda' called it, mostly because facebook wouldn't know how to handle this sort of innovation properly...or just that someone would be an ass about it. So, yeah... Talk about a self-fulfilling prophecy.
Just because it's only become public now doesn't mean it wasn't in the works before, does it? Could be they OR crew knew Zenimax was going to pull something like this so they went and got themselves a sugar daddy first?