Zynga Bites Back Against EA Lawsuit, Files Counterclaim

Timothy Chang

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Jun 5, 2012
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Zynga Bites Back Against EA Lawsuit, Files Counterclaim



Zynga moves for a jury trial, and retaliates with some damning allegations of its own.

EA may have thought Zynga to be an easy target when it filed its lawsuit against the social gaming company, but Zynga is fighting back. The company has filed three documents against EA: one declaring a motion to strike, another responding to the copyright claims, and finally raising a counterclaim proposing that EA's chief executive proposed an anti-competitive "no hire" agreement with Zynga.

The first filing aims to strike sections of EA's complaint, which Zynga describes as "an unrestrained ramble of immaterial, inflammatory, and prejudicial allegations that have no bearing on the issue at hand". Zynga believes that the comments were more suited to encouraging press coverage rather than assisting in legal analysis.

The second filing deals with Zynga's response to EA's allegations of copyright infringement [http://www.escapistmagazine.com/news/view/118884-EA-Sues-Zynga-for-Copying-The-Sims-Social] back in August this year. Zynga says that The Ville is not a copy of The Sims Social, but rather a natural evolution of Zynga's game design from their previous "life simulation" games. It also stated that the user base for The Sims Social had already plummeted by the time Zynga launched The Ville, so it was "implausible" that Zynga would attempt to launch a copy of a game that had already failed months before. As such, it demands a jury trial for these allegations.

The third and most aggressive move from Zynga is a counterclaim accusing EA of taking "an anti-competitive and unlawful scheme to stop Zynga from hiring its employees and to restrain the mobility of EA employees in violation of the spirit of antitrust laws". Zynga stated it had received more than 3,000 resumes from EA employees attempting to defect, including several EA executives. In response, EA's CEO John Riccitiello reached out to Zynga's past chief operating officer John Schappert to refer any deserters back to EA instead. Zynga alleged that, when it refused to comply, Ricitiello subsequently made moves to slow down Zynga's hiring process and force them to spend more money in litigation, as well as scare remaining EA employees to stay in the company.

EA spokesperson John Reseburg responded to the allegations with noticeable enmity. "This is a predictable subterfuge aimed at diverting attention from Zynga's persistent plagiarism of other artists and studios," he said. "Zynga would be better served trying to hold onto the shrinking number of employees they've got, rather than suing to acquire more."

Zynga's court filings can be found here:
Zynga's Motion to Strike [http://www.scribd.com/doc/105945450/Part-1-Zynga-s-Motion-to-Strike]
Zynga's Answer and Demand for Jury Trial [http://www.scribd.com/doc/105945465/Part-2-Zynga-s-Answer-and-Demand-for-Jury-Trial]
Zynga's Counterclaim [http://www.scribd.com/doc/105945468/Part-3-Counterclaim-Public]


Source: Venturebeat [http://kotaku.com/5943434/zynga-hits-back-hard-at-ea-over-sims-copyright-suit]

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Kargathia

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Jul 16, 2009
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Oh boy, dis gunna be guuuwd. It's just like the monkey cage at the zoo, except with more poop-flinging.

Here's to hoping they both lose.
 

kajinking

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Aug 12, 2009
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Yes because when you're pinned down by machine gun fire the best option is to come out of cover and fire back
 

kortin

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Mar 18, 2011
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EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.
 

Absolutionis

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Sep 18, 2008
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kortin said:
EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.
Disagree.

I can ignore Zynga. They're just trash under the fridge.

EA directly harms IPs I love (or used to) and partakes in destructive business practices.
 

ritchards

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Nov 20, 2009
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Can't we agree that both companies are guilty and fine them both?
 

Klonoa Prower

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Jul 23, 2008
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I don't care who wins this one, I just hope its a long drawn out battle where both of them hemorrhage money for a long long time!
 

kortin

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Absolutionis said:
kortin said:
EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.
Disagree.

I can ignore Zynga. They're just trash under the fridge.

EA directly harms IPs I love (or used to) and partakes in destructive business practices.
Nothing disgusts me more than a thief who can get away from crimes that he clearly committed AND make money off those crimes.
 

RJ 17

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Nov 27, 2011
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Not quite the lesser of two evils...but rather the evil of two lessers.
 

Kargathia

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kajinking said:
Yes because when you're pinned down by machine gun fire the best option is to come out of cover and fire back
In the legal world it is. Filing counter-suits is standard practice in these lawyer wars.
 

bfgmetalhead

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Aug 4, 2010
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lets just hope that both of these pathetic groups burn and sink under the weight of thier own ill-standards and mistreatment of their IP's. Fuck you EA!

And you to zynga...I guess.
 

Gearhead mk2

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Aug 1, 2011
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I don't like either of them, but I'm hoping Zynga wins this one. It'll be funny to see EA scramble, and we need to clamp down on stupid BS copyright laws and the money-grubbing corporations that use them.
 

evilneko

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Jun 16, 2011
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It's like two school bullies arguing. "Cheater!" "I know you are but what am I?"

I can't wait til they come to actual blows though. >:D
 

SuperSuperSuperGuy

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Jun 19, 2010
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I'm not sure who to side with.

EA seems to enjoy trying to take out the competition (with their purchases of smaller companies and their alleged attempt to buy Valve) so that they can see more cash, but Zynga has a reputation for imitating other companies' IPs, such as this recent game [http://www.escapistmagazine.com/news/view/119567-Zyngas-New-Game-Pulls-From-Pokemon-Rage-of-Bahamut]. Both of them have some... less than scrupulous money generating techniques, to put it lightly.

Part of me just wants to say "screw this, I'm out", but I'm really intrigued by how this could play out.

EDIT: After thinking about it a bit, I can't help but feel that an "Internet Fight"-type gif would be appropriate right now. Sadly, I can't find a good enough one.
 

The Artificially Prolonged

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Jul 15, 2008
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Oh goody Zynga are going put up a fight. *grabs popcorn*. With any luck it will cost EA a fortune in legal fees. Zynga can rot for all I care but any damage they do to EA on the way out is fine by me.
 

Upbeat Zombie

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Jun 29, 2010
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I really don't care either way which one wins the settlement. I just hope they make it expensive and a loss for the both of them.