02-05-2017 03:19 AM
02-05-2017 08:31 PM
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Meanwhile, Facebook’s Mark Zuckerberg acknowledged that the company did very little due diligence in its acquisition, approving the deal in a matter of days. If Facebook’s attorneys had more time to vet the deal, would they have discovered any of these legal problems?
Of course, if there is a big mistake here, it was that Facebook allowed the trial to proceed instead of settling the case for a smaller amount of money.
The consequences also go beyond the monetary award. VR itself is likely to survive, as the litigation has no impact on competitors like Google Daydream View or HTC Vive. ZeniMax’s threat to stop sales of the Rift could put a cloud over the system, said Llamas.
“This likely won’t affect Oculus or Samsung in the near future, though, since ZeniMax has to wait until after Facebook’s appeal,” Llamas wrote. “If ZeniMax wins, Facebook’s devices will probably be halted next year or beyond. In the meantime, developers may look for other devices on which to develop so as not to get caught up in any of Facebook’s consequences. Either way, it’s bad for Oculus.”
And bad for Luckey.
“Palmer Luckey, on the other hand, continues to be a PR liability for the company since he is essentially the reason for the payout. After being the wunderkind of Oculus, his ties last year to a pro-Trump website and this lawsuit are giving Facebook all the more reason to keep him out of the spotlight for good,” Llamas said. “The narrative of Oculus being a $3 billion company that grew out of this kid’s basement is falling apart. There was a novelty to that story that gave the company the same authenticity that made people fall in love Apple, Microsoft, and even Facebook.”
/Endquote
Article link:02-05-2017 11:46 PM
agenttoff said:
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Also, it's "their." "Their court case." 🙂
02-06-2017 05:58 AM
02-06-2017 06:05 AM
The circumstances around the NDA would be useful to know. Did Luckey visit Carmack at id Software one day and sign a generic NDA at the visitor’s desk? If so, why didn’t Carmack just meet him at a coffee shop instead? They could have circumvented the NDA quite easily. So why didn’t they?
Don McGowan, adjunct professor of entertainment law at the University of Washington School of Law and an expert in legal issues in AR/VR, found the NDA violation to be baffling. Why did Luckey violate an NDA, but not Carmack? It’s as if Carmack took the secrets, told them to Luckey under NDA, and then Luckey used them at Oculus. That’s a roundabout way of establishing that a violation occurred.
Also, the verdict appears to set a disturbing precedent. If an employee talks about an idea at a company, then moves on to another company, and then works on that idea, does it necessarily follow that the employee is at the risk of being sued by the former company? This kind of knowledge transfer happens all the time. Is it a crime? That hardly seems fair to call it that, particularly as is the case with ZeniMax, that the former company appeared to have no intention of working on the idea at all.
02-06-2017 08:42 AM
02-06-2017 09:25 AM
02-06-2017 10:09 AM
02-06-2017 10:24 AM