Valve & VUGames In Court
by Maarten Goldstein, Sep 20, 2004 8:10am PDTGameSpot has a lengthy update on the Valve vs Vivendi Universal lawsuit that has been going on since 2002 when Valve sued Sierra (part of VUGames). The Half-Life developer originally sued Sierra because the publisher put Valve games in Internet cafes in the US and around the world, which Valve alledges is a copyright infringement. Vivendi later counter-sued, saying Valve had made misleading statements to them about their online distribution plans. Vivendi also wants Valve to honor a previous agreement and publish whatever Valve is going to work on next, and they would like to be awarded ownership of the Half-Life franchise as well. Various motions will be heard by the court October 8 (the trial won't be until March 2005). How all of this will affect the release of Half-Life 2, we won't know for a while (though Vivendi Universal Games sure could use the money).
In court filings, Sierra/VUG says that the current distribution of Half-Life 2 via Steam exceeds the scope of the current software publishing agreement between the two parties. It is apparently seeking the court's assistance in compelling Valve not to use Steam as an avenue of distribution. On Friday, when asked if Valve was remained intent on making Half-Life 2 available to gamers via Steam, regardless of what was determined on October 8, Lombardi replied, "Yes."
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Comments
Who smells Vivendi winning this, getting the rights to the Half-Life rights, throwing Valve out the door (who probably are broke after the case) and gives the franchise to another developer who will create a crappy Half-Life 3, which will sell good thanks to the name, and kill the series?
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No Babylon5 Into The Fire by Sierra
Cancellation of Farscape by the SciFi Channel (owned by VU)
And now this...if this effects this game in any way I have another reason to dislike VU.
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So, as I said: No matter which way Vivendi go, they are fucked. Well done Valve. I am proud...Fuck them like they fuck both you and us. YAY!
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Does society cry for the middleman?
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Valve conceptualised, designed, and developed Half-Life (What I am saying there is...IT THEIRS! Just like Star Wars is LUCAS' and NO-ONE ELSE's). It get's published. Both Parties make a fuck load of money.
Now:
Vivendi don't pay Valve royalties.
Valve states: "All money made from Half Life has fueled Half Life 2 development" (probably among other thing :D).
Vivendi are trying to FORCE Valve to publish with them AND not use something which Valve designed...ie STEAM!
There is much more but I read the fucking article and use your brains and PLEASE, someone explain HOW and WHY Vivendi have ANY RIGHTS TO HALF LIFE 2?
You want to know what I guess the initial payment to Valve was? Well, I'll tell you anyway - For the Quake Engine Licence. Now, if Valve have developed SOURCE and STEAM completely by themselves, funded by themselves and released by themselves, well WHERE THE FUCK DOES VIVENDI COME IN?
PUBLISHERS ARE SCUM. They make nothing and earn money from it and if the devs don't comply with them, they close them down.
That is the ONLY reason Valve hasn't been bought out of closed down - Because they FUND THEMSELVES because of success from a product which THEY made. So Vivendi are shitting pink because Valve are moving to Activision after HL2 release :) Why? Probably because Activision are one of the few companies (probably only) who don't give a fuck what they publish and when they publish it. How long have ID been with Activision now? ;)
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If this goes though, if Steam distribution will get killed, where does that leave the people with ATI Vouchers? Getting a boxed shipped to them for free at ATI's expense? One could hope so... But will it happen or will they let the holders wait until Steam gets available (if ever)?
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lol
When someone builds a house, they pay people to build the house for them, then the funder sells the house and makes money, and the actual designers/builders don't get a cut. They get some money up front and money at the end (and probably a salary in between), but in the end the house belongs to the person with the money initially. It's just how capitalism works.
I don't think there's anything wrong with Valve or any other software company trying to bypass their employer to make money, it's just a question of how. Developers have been doing it for years with selling engines, for example. However most developers can't afford to market their own games or publish them in stores, which is where Steam comes in.
I don't know what happened between Valve and VUGames, but it really comes down to how honest they were with each other. Imagine if I work for a big company and I do contracts through that company for a client, then it's generally illegal (or at least immoral) for me to go directly to the client and working for them directly, thus saving that client money and at the same time making more money myself. By doing that I'm screwing over the big company that I used to work for, and I'm stealing the investment they put into getting that client. Seeing as I used to work for a company and now I do freelance work, I'm kind of in the same situation, and I really can't bitch about it. The company invested in clients and I shouldn't abuse my relationship with the client to my profit and the my previous company's loss.
I think the fairest thing in the Valve/VUGames case is to have Valve split the marketing costs with VUGames according to the same ratio of Steam sales versus VUGames sales, in which case VUGames's investment in clients wouldn't be "wasted" on clients that VUGames gets nothing out of. Somehow I doubt that will be the actual resolution, but we'll see what happens soon enough I guess.
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zing!
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Reason enough for me.
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Do you "smell an injuction" ? I wonder if Vivendi can block the public release of HL2 until this gets sorted out...
MORRIS GET ON IT!!!!!!!111one
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What scares me is, considering how careless Valve was with their security, I don't have much faith in how careful they are going to be/were in their legal situation. I foresee them having already or will make a stupid mistake that will cost them the case.
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* All motions related to discovery must be filed by October 22, 2004
* Disclosure of expert testimony [by] November 5, 2004
* Discovery completed by November 18, 2004
* All dispositive motions must be filed by...November 18, 2004
* Settlement conference no later than January 20, 2005
* Mediation held no later than February 19, 2005
* All motions in limine must be filed by February 21, 2005
* Agreed pretrial order due March 9, 2005
* Pretrial conference to be held at 4:00 pm on March 11, 2005
* Trial briefs, proposed voir dire questions, jury instructions, and findings of fact and conclusions of law...March 16, 2005
* Trial date: March 21, 2005
"Next....."
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if it does indeed gets released thru it
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They say they want the courts to stop Valve from releasing the game over steam, but since the trial date isn't until NEXT YEAR how does that fair on the release of HL2 in the near future?
When you read the update on Gamespot's site it sounds to me that VU may actually have the upper hand and could win the case even awarding them the Half-life franchise, despite what Lombardi says.
Either way, this is not the good HL2 news I was looking forward to possibly hearing today.
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