ZeniMax Files Suit Against Oculus VR

ZeniMax Files Suit Against Oculus VR

A couple of weeks ago, ZeniMax Media, parent company behind Bethesda Softworks, id Software and Machine Games, issued a legal threat against Oculus Rift developer Oculus VR , demanding that the company would have to pay the ZeniMax an undetermined amount of money due to a former employee–John Carmack–helping to improve the device.

Despite what ZeniMax believes, Carmack claims that the Oculus Rift does not use any code that he wrote while under contract to ZeniMax, as what was stated via his official Twitter account.

Now, even with Oculus VR refuting ZeniMax’s claims , things have developed a little further; the company has officially filed suit against the Oculus Rift developer.

As reported by Polygon, the suit was filed in the U.S. District Court for the Northern District of Texas, and it accuses Oculus VR that it has ” wrongfully taken … ZeniMax[‘s] intellectual property and commercially exploited it for their own gain.”

Intellectual property forms the foundation of our business, ” said ZeniMax’s Chairman and CEO Robert Altman. ” We cannot ignore the unlawful exploitation of intellectual property that we develop and own, nor will we allow misappropriation and infringement to go unaddressed.

According to the file, ZeniMax use of “intellectual property” includes “ technical know-how ” regarding virtual reality technology. The company filed suit against Oculus VR because ” efforts by ZeniMax to resolve this matter amicably have been unsuccessful.

Throughout 2012, Oculus and [Palmer] Luckey [Oculus VR founder] lacked the necessary expertise and technical know-how to create a viable virtual reality headset. In the months following E3, Oculus and Luckey sought that expertise and know-how from ZeniMax. Without it, there would not have been a viable Rift product, ” the suit adds.

The full report on the matter can be read via the source links below. According to Polygon, ZeniMax’s suit ends by alleging several counts of misconduct of Oculus VR’s part, which include the following:

  • Common law misappropriation of trade secrets, which encompasses both the use of those secrets and Oculus’ hiring of ZeniMax employees

  • Copyright infringement against all defendants, pertaining to Oculus VR’s use of Doom 3: BFG Edition without permission

  • Breach of contract against all defendants, encompassing Luckey’s use and disclosure of proprietary information under a nondisclosure agreement (NDA)

  • Unfair competition against Oculus, because Oculus VR breached the terms of the NDA, took ZeniMax’s intellectually property and used it for its own gain without obtaining a license to use the technology or information, thereby depriving ZeniMax of the opportunity to realize gains from its technology

  • Unjust enrichment against all defendants, who “refuse to compensate ZeniMax” for its contributions and also gained access to confidential information by hiring ZeniMax employees

  • Trademark infringement, for Oculus VR’s use of trademarked materials, including Doom, Rage and Skyrim

  • False designation against all defendants, because Oculus VR’s products are “likely” to imply the mistaken belief that they come from or are authorized by ZeniMax

[ PC Gamer / Polygon ]

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