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ZeniMax Files to Halt Oculus’ Use of Rift & Gear!

kevinw729kevinw729 Posts: 4,248 Valuable Player
According to a report by Reuters, ZeniMax filed papers on Thursday, at the same court where the early 2017 trial was held, which seek an injunction that would prevent distribution of the VR code that was found to infringe on ZeniMax’s copyright. According to the filing, ZeniMax’s proposed injunction would include core software that makes the Oculus ecosystem work, including the company’s PC SDK for Rift and Mobile SDK for Gear VR

So when we raised this during the Jury results on this forum certain posters said this was never going to happen!

Well now it looks like the issue is not just going to pull in CV1 but also GearVR!
P6ftmuw.jpg
** New Book **
"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
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Comments

  • RorschachPhoenixRorschachPhoenix Posts: 1,594 Valuable Player
    That will not happen.
    Excuse my bad english. I speak to you through the google translator. :P
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    I tend to agree with you, but the bad publicity that it engenders seems more of the point than the actual likelihood that a Texas Judge will agree to the suspension of all CV1 and GearVR sales till the ruling.

    For me, it's the way that the media are reporting "...when Facebook makes a statement" as if they are treating it as if Oculus VR has ceased to be a party in this? And the zero comments from OVR (CA) - I treat Carmack and OVR Texas as a different entity of late, actually willing to give an opinion than hide in the shadows!
    P6ftmuw.jpg
    ** New Book **
    "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
  • dburnedburne Posts: 1,861 Valuable Player
    My goodness I guess this crap is never going to end... unbelievable.
    Don

    EVGA Z390 Dark MB | I9 9900k| EVGA 2080Ti FTW3 Ultra |32 GB G Skill 3200 cl14 ram | Warthog Throttle | VKB Gunfighter Pro/MCG Pro grip | Crosswind Pedals | EVGA DG 87 Case|
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    Yep, that was the danger of not settling out of court when they knew that there was an "element" of truth to the claim!
    P6ftmuw.jpg
    ** New Book **
    "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
  • Atmos73Atmos73 Posts: 3,128 Valuable Player
    Yep Zenimax want to force an early settlement rather than go to a possibly dangerous appeal.

    Its all down to how confident/arrogant FB are going to be. FB could be humble and hold its hands up and take the hit and have this all passed into the history books or drag it on and on to the death.
    DK2 owner - Vive owner - Pimax 8k backer - Waiting for Knuckles on Valve time.
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    edited February 2017
    Atmos73 said:
    ...FB could be humble and hold its hands up and take the hit and have this all passed into the history books...
    We are talking about the same FB here? ;)
    P6ftmuw.jpg
    ** New Book **
    "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
  • Atmos73Atmos73 Posts: 3,128 Valuable Player
    kevinw729 said:
    Atmos73 said:
    ...FB could be humble and hold its hands up and take the hit and have this all passed into the history books...
    We are talking about the same FB here? ;)
    I think FB would rather buy Zenimax relocate Palmer there then sack all the employees including Palmer and burn the building down out of spite lol
    DK2 owner - Vive owner - Pimax 8k backer - Waiting for Knuckles on Valve time.
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    Yeah,I know MarkZ is not happy at the moment with his "problem child"!
    P6ftmuw.jpg
    ** New Book **
    "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
  • kevink808kevink808 Posts: 793 Poster of the Week
    That's it!  Boycott everything Zenimax but Fallout!
    Gear: Liquid cooled MSI Z170A PC Mate | Intel i7-6700K | 32GB DDR4 SDRAM 3000 Mhz | GeForce GTX 1080, Acer Predator XB241H G-Sync, Rift/Touch/3 cams, Oculus GO 64GB.
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    I wonder if Zenimax will come out of this as toxic as OVR seems to have become?
    P6ftmuw.jpg
    ** New Book **
    "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
  • snowdogsnowdog Posts: 6,097 Valuable Player
    They're just trying to get the relevant parties to pay out the cash rather than continue with their appeal process because Zenimax know that they can't afford to go on a long drawn out appeal process for 4 or 5 years. If they're successful with this injunction (and I doubt that this is likely to happen imo) Facebook and the individuals involved will just fork out the collective $500m. Like I said in the original thread this is just posturing by Zenimax in an effort to get a quick settlement from Facebook, Luckey and Iribe.
    "This you have to understand. There's only one way to hurt a man who's lost everything. Give him back something broken."

    Thomas Covenant, Unbeliever
  • nalex66nalex66 Posts: 4,239 Valuable Player
    It will be interesting to see how this plays out, but I have a hard time imagining that a judge would grant such an injunction. Even the jury found that there were no future damages for ZeniMax in their verdict, so why would the court impede Oculus's business?

    Blocking sales is done when allowing those sales to continue would harm the plaintiff's business or market position. ZeniMax has no HMD to sell, and isn't in the business of producing VR API software, so I'm not sure how they will demonstrate to the court that allowing Oculus to do business will harm them.

    This is a pressure tactic to try to force a settlement, obviously, but I'm not sure that it will be a very successful one. FB has already dug in their heels enough to go to trial, and I don't see them dropping their appeal to challenge of the copyright infringement ruling now.
    i7 5820K @ 4.25 GHz | EVGA GTX 1080 SC | Gigabyte GA-X99-UD4 | Corsair DDR4 3000 32 GB | Corsair HX 750W
    Corsair Hydro H100i | Samsung SSDs: 860 Evo 1 TB, 850 Evo 1 TB, 840 Evo 1 TB | Seagate BarraCuda HDD 3 TB
  • vannagirlvannagirl Posts: 1,916 Valuable Player
    Is this same halting that apple try with samsung??
    Look, man. I only need to know one thing: where they are. 
  • nalex66nalex66 Posts: 4,239 Valuable Player
    edited February 2017
    vannagirl said:
    Is this same halting that apple try with samsung??
    Similar, although in the case of Apple v Samsung I think it was patent infringement.

    In that case, the two companies had competing products, so it was easy to argue that allowing sales of the infringing product caused an unfair market advantage which harmed the plaintiff's own profitability.

    Samsung has also tried to get injunctions against Apple in the past over patent infringements in the iPhone 4S. I think they had some success in Europe and Asia before Apple settled and paid them a royalty.
    i7 5820K @ 4.25 GHz | EVGA GTX 1080 SC | Gigabyte GA-X99-UD4 | Corsair DDR4 3000 32 GB | Corsair HX 750W
    Corsair Hydro H100i | Samsung SSDs: 860 Evo 1 TB, 850 Evo 1 TB, 840 Evo 1 TB | Seagate BarraCuda HDD 3 TB
  • zork2001zork2001 Posts: 537
    Trinity
    Even if they were selling HMD I don't see how it would matter, they don't have some patent on HMD's or any of the tec that created them to this point.
  • RorschachPhoenixRorschachPhoenix Posts: 1,594 Valuable Player
    zork2001 said:
    Even if they were selling HMD I don't see how it would matter, they don't have some patent on HMD's or any of the tec that created them to this point.
    It is all about the money.
    Excuse my bad english. I speak to you through the google translator. :P
  • falken76falken76 Posts: 2,708 Valuable Player
    So if they are successful in this, does that mean all our rifts are useless and nothing will be made for them from that point forward?  I.E.  Ebay will suddenly have low cost Rift and GearVR?   And in the Interim, Zenimax I assume will do NOTHING to further VR at all after they get their money?
  • danknugzdanknugz Posts: 1,987
    3Jane
    kevinw729 said:
    According to a report by Reuters, ZeniMax filed papers on Thursday, at the same court where the early 2017 trial was held, which seek an injunction that would prevent distribution of the VR code that was found to infringe on ZeniMax’s copyright. According to the filing, ZeniMax’s proposed injunction would include core software that makes the Oculus ecosystem work, including the company’s PC SDK for Rift and Mobile SDK for Gear VR

    So when we raised this during the Jury results on this forum certain posters said this was never going to happen!

    Well now it looks like the issue is not just going to pull in CV1 but also GearVR!
    it says theyre seeking an injunction, whereas your thread title makes it sound like this is already a done deal and everyone now has to return their rift.

    why do you have to make such sensationalist "attention grabbing" headlines??
    A: Because it messes up the order in which people normally read text.
    Q: Why is top-posting such a bad thing?
    A: Top-posting.
    Q: What is the most annoying thing on forums?
  • dburnedburne Posts: 1,861 Valuable Player
    I am certainly no lawyer, nor do I know much about the law, but to me it sounds like maybe Oculus is planning on appealing the previous decision awarding the 500 million, and Zenimax doing this to maybe persuade Oculus to not do so and go ahead with the payout.
    Don

    EVGA Z390 Dark MB | I9 9900k| EVGA 2080Ti FTW3 Ultra |32 GB G Skill 3200 cl14 ram | Warthog Throttle | VKB Gunfighter Pro/MCG Pro grip | Crosswind Pedals | EVGA DG 87 Case|
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    edited February 2017
    danknugz said:
    ...why do you have to make such sensationalist "attention grabbing" headlines??
    I tried to go for a short version of the original headline:

    Road To VR:
    "ZeniMax Seeks Injunction to Halt Oculus' Use Rift & Gear VR SDK and More"

    I also did not want to use the Reuters headline as I thought I would be accused of sensationalism:

    Reuters:
    " Game company seeks to block Facebook from using virtual reality code"

    Seems there is no pleasing some people! ;)
    P6ftmuw.jpg
    ** New Book **
    "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
  • ChairfaceChairface Posts: 38
    Brain Burst
    You dont have to have a case to file a lawsuit. The previous suit showed that the current product does not use any code, literal or not, from JC's time at zenimax.

    The previous lawsuit only won on some NDA claims. This injunction filing is baseless.
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    falken76 said:
    So if they are successful in this, does that mean all our rifts are useless and nothing will be made for them from that point forward?
    I know this was a bit tongue-in-cheek, but one interesting issue in filing, this could allow ZeniMax access to the real sales numbers for the CV1 and GearVR - so I am sure that would be leaked to the community and make interesting reading.
    P6ftmuw.jpg
    ** New Book **
    "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
  • Atmos73Atmos73 Posts: 3,128 Valuable Player
    Don't you think we'll get some figures after 12 months anyway? Not too long to wait in either case.
    DK2 owner - Vive owner - Pimax 8k backer - Waiting for Knuckles on Valve time.
  • kevinw729kevinw729 Posts: 4,248 Valuable Player
    Atmos73 said:
    Don't you think we'll get some figures after 12 months anyway? Not too long to wait in either case.
    I had, like you, thought that we would get those numbers at some point officially. But in a conversation with a well-placed executive the statement "...no intention of revealing corporate information from a share listed corporation" was made. So I think we may not get a detailed disclosure as we may have believed.

    Remember the DK1/2 numbers were never officially revealed, they were only broken on signage during a private briefing and never clarified.

      
    P6ftmuw.jpg
    ** New Book **
    "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
  • snowdogsnowdog Posts: 6,097 Valuable Player
    Bloody hell, I wish I had a DK1 and DK2, they're going to be worth a fortune in 50 years or so...particularly if they're in mint condition with the original cables etc. And a ridiculous amount of money in 100+ years time as antiques  :o
    "This you have to understand. There's only one way to hurt a man who's lost everything. Give him back something broken."

    Thomas Covenant, Unbeliever
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