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Zenbane
Honored Contributor
January 30, 2017
Question

Poll: Will Facebook and Oculus prevail against ZeniMax?

First off, I know several threads about this topic exist. This is not an
attempt to restart the debate. Since the verdict should be coming in
the next few hours (the jury deliberates today), I am curious to see how
this community believes the Jury will vote.

Synopsis: ZeniMax has 9 lawsuits, 5 of which are against Facebook and the rest against Oculus. Details in a discussion thread here:
https://forums.oculus.com/community/discussion/comment/488527/#Comment_488527

So with that in mind, what will the Jury decide??

    58 replies

    kevinw729
    Inspiring
    February 1, 2017
    Would seem that the jury took so long going through the paperwork and apportioning the damages based on the wealth generated by the executives found to be at fault (regarding the NDA breach).

    That will beg questions if their position within the company can be supported, and if in a matter of a few months they will both be gone (if not sooner). Seema JC has been exonerated, so the community will be happy.

    The main pillars of the case - intellectual property stolen, broken NDA and broken employment contract. So that would be the jury finding on only one of these, and still exacting a $500m payment. No wonder OVR will demand a retrial... unless they think they are too toxic and should just accept it?
    https://vrawards.aixr.org/ "The Out-of-Home Immersive Entertainment Frontier: Expanding Interactive Boundaries in Leisure Facilities" https://www.amazon.co.uk/Out-Home-Immersive-Entertainment-Frontier/dp/1472426959
    Inspiring
    February 1, 2017

    Atmos73 said:


    Techy111 said:

    Phew now I can sleep, play and dance with the fairies and unicorns in peace :)



    Does this mean you'll buy Touch now?


    Thats a bit rich coming from the resident HTC lad. 

    @Techy111, does this mean you'll buy touch now?
    This is my forum signature. There are many others like it, but this is mine.
    Honored Contributor
    February 1, 2017
    A PC with lots of gadgets inside and a thing to see in 3D that you put on your head.
    kevinw729
    Inspiring
    February 1, 2017
    I am noticing that since the news broke, a lot of forums and news sites are stopping reporting it as:
    "Oculus Wins Against  ZeinMax Case"

    And are now going with:
    "Jury in a U.S. District Court awarded ZeniMax $500 million for Oculus’ infringement of copyrights and trademarks and for violating a non-disclosure agreement"
    https://vrawards.aixr.org/ "The Out-of-Home Immersive Entertainment Frontier: Expanding Interactive Boundaries in Leisure Facilities" https://www.amazon.co.uk/Out-Home-Immersive-Entertainment-Frontier/dp/1472426959
    Participant
    February 2, 2017
    Best article I have seen explaining all this:

    https://techcrunch.com/2017/02/01/jury-awards-zenimax-500-million-in-oculus-vr-lawsuit/


    ZeniMax Media filed suit against Palmer Luckey and Oculus VR on the following 7 counts; here’s the gist of the claims:

    1. Common Law Misappropriation of Trade Secrets
      The big one: ZeniMax claims that its trade secrets revealed to Luckey under NDA and known to a handful of ex-ZeniMax employees now at Oculus have been used to build the Rift headset’s core technologies.
    2. Copyright Infringement
      Oculus and its team utilized ZeniMax’s “DOOM 3: BFG Edition” as a title to showcase the Rift to investors which ZeniMax claims was done without its permission. More salacious is the claim that some of the SDKs which Oculus VR distributed utilized ZeniMax code.
    3. Breach of Contract
      Here, ZeniMax claims that Luckey violated the terms of a non-disclosure agreement which he signed on May 24, 2012.
    4. Unfair Competition
      Basically, by using ZeniMax’s trade secrets to build the Rift, the company claims Oculus has taken away their ability to release a VR product based on their own unique technologies.
    5. Unjust Enrichment
      ZeniMax suggests here that Oculus VR and its employees have unjustly profited off ZeniMax technologies to the tune of billions of dollars.
    6. Trademark Infringement
      Again, ZeniMax calls out Oculus VR for using owned trademarks like that of “DOOM 3: BFG Edition” without the company’s permission, a claim Oculus has denied is accurate.
    7. False Designation 
      Finally, ZeniMax claims that Oculus VR purposefully misled the public into thinking that their headset was endorsed by ZeniMax or its employees or was in some way affiliated with the company or its products.


    As far as I can tell, the breakdown is:

    1. Not guilty
    2. Guilty - $50 million
    3. Guilty - $200 million (edit: listed 250 by mistake)
    4. Not guilty
    5. Not guilty
    6. Not guilty
    7. Guilty - $50 + $50 + $150 million

    Total - $500 Million

    A far cry from the $6 Billlion being sought.
    February 2, 2017
    My thing is that, number 2-7 shouldn't have been found guilty because it was Zen/ID that was showing off Oculus stuff - not the other way around. They were show it off at events to select few people. Even if Oculus was showing off the software - its no different than using it as a "fair case" because the game was still own by Zen/ID but that Oculus modded the game to support the rift at that time. None of that would've been against the law. 
    nalex66
    Honored Contributor
    February 2, 2017

    JesseDeya said:

    Best article I have seen explaining all this:
    ...
    As far as I can tell, the breakdown is:

    1. Not guilty
    2. Guilty - $50 million
    3. Guilty - $250 million
    4. Not guilty
    5. Not guilty
    6. Not guilty
    7. Guilty - $50 + $50 + $150 million

    Total - $500 Million

    A far cry from the $6 Billlion being sought.


    That's a good succinct breakdown of it, except that the damages for #3 were $200 million (not 250).
    DK2, CV1, Go, Quest, Quest 2, Quest 3. Try my game: Cyclops Island Demo
    kevinw729
    Inspiring
    February 2, 2017
    Another good rundown is this:
    http://www.roadtovr.com/verdict-analysis-why-jury-awarded-zenimax-500-million-oculus-vr-lawsuit-facebook-id-software/

    Which has more on one of the big bone of contention that will be a sure target raised in the appeal:
    The jury found that Carmack converted plaintiffs’ property by taking ZeniMax documents and RAGE (2011) code. The jury found that the statute of limitations and laches defenses did not bar the claim. However, no specific damages were listed as awarded despite Carmack being found liable for conversion.
    And also gives mention of the true estimated net worth of those involved - and the possibility that the appeals process may award the payment of legal fees as another aspect of damages.

    https://vrawards.aixr.org/ "The Out-of-Home Immersive Entertainment Frontier: Expanding Interactive Boundaries in Leisure Facilities" https://www.amazon.co.uk/Out-Home-Immersive-Entertainment-Frontier/dp/1472426959
    Inspiring
    February 2, 2017

    JesseDeya said:

    As far as I can tell, the breakdown is:

    1. Not guilty
    2. Guilty - $50 million
    3. Guilty - $250 million
    4. Not guilty
    5. Not guilty
    6. Not guilty
    7. Guilty - $50 + $50 + $150 million

    Total - $500 Million

    A far cry from the $6 Billlion being sought.


    Interesting maths dude. 
    That totals 550mil to me :/
    This is my forum signature. There are many others like it, but this is mine.
    Participant
    February 2, 2017

    elboffor said:


    JesseDeya said:

    As far as I can tell, the breakdown is:

    1. Not guilty
    2. Guilty - $50 million
    3. Guilty - $250 million
    4. Not guilty
    5. Not guilty
    6. Not guilty
    7. Guilty - $50 + $50 + $150 million

    Total - $500 Million

    A far cry from the $6 Billlion being sought.


    Interesting maths dude. 
    That totals 550mil to me :/


    I took 10% commission for the time to cut & paste it. Apparently that's worth about $50 million now?