ZeniMax filed for a proposed judgment in its $500 million case against Oculus, including a suggestion that:
Oculus, its parents, subsidiaries…are permanently enjoined from possessing, publishing, disclosing, or utilizing in any form or for any purpose any of ZeniMax’s copyrighted materials…found to have been infringed by the jury in its verdict, specifically DOOM 3: BFG Edition, ZeniMax VR Testbed Code, ZeniMax VR Implementation Code, and ZeniMax VR Implementation Code…
ZeniMax is also asking for Oculus to be “permanently enjoined, on a worldwide basis, from using, marketing, selling, distributing, modifying, servicing, copying, or offering for sale or license any products, in whole or in part, that utilize in any form or for any purpose any of the Copyrighted Materials, including but not limited to (i) system software for Oculus PC (including the Oculus PC SDK); (ii) system software for Oculus Mobile (including the Oculus Mobile SDK); (iii) Oculus integration with the Epic Games Unreal Engine; and (iv)Oculus integration with the Unity Technologies Unity Game Engine.”
ZeniMax declined to comment. A Reuters report suggested “the injunction could limit the number of games available for sale for Oculus’ Rift VR headset. Such a move would be a blow to a product still in its infancy and on which Facebook has made a big bet for the future.”
Facebook provided the following statement:
ZeniMax’s motion does not change the fact that the verdict was legally flawed and factually unwarranted. We look forward to filing our own motion to set aside the jury’s verdict and, if necessary, filing an appeal that will allow us to put this litigation behind us.
I’ve uploaded two of the documents filed by ZeniMax lawyers outlining the legal reasoning. Referring to the $500 million award, ZeniMax argued:
“The jury’s damage award here, however substantial, is an insufficient incentive for
Defendants to cease infringing. Just minutes after the jury revealed its verdict, Facebook’s COO, Sheryl Sandberg, publicly stated that the jury’s verdict of a half billion dollars was “not material to [Facebook’s] financials.”
Those documents are uploaded here and here.
Tagged with: zenimax
Source: Facebook Will Respond Soon To Proposed ZeniMax Judgment
