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."The proprietary technology and know-how Mr. Carmack developed when he was a ZeniMax employee, and used by Oculus, are owned by ZeniMax."
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.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...
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.josemlopes said:Way to thank him for all the work he did at id under their wing.
If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?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.
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.Alterego-X said:If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?
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.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?
I was feeling this too.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.
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.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...
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!Alterego-X said:If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?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.
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?
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.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.
Trademark law then. My point still stands.Alterego-X said:If that's how US copyright law works, then why did they open a trademark lawsuit against Mojang?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.
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?
http://www.escapistmagazine.com/news/view/113531-Bethesda-Doesnt-Enjoy-Being-Forced-into-Mojang-LawsuitThe 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."
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?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.