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ZeniMax Is Suing Samsung After Winning Its Case Against Oculus (cnn.com)

Games company ZeniMax successfully sued Facebook-owned Oculus for $500 million earlier this year, and now it has a new target in sight: Samsung. The company has filed a new lawsuit over Samsung's Gear VR headset, claiming that "Samsung knowingly profited from Oculus technology that was first developed at ZeniMax, then misappropriated by Oculus executive John Carmack," reports The Verge. From the report: Carmack, whose company id Software was acquired by ZeniMax in 2009, was one of the driving forces behind the Gear VR. While the headset was released by Samsung, it's described as "powered by Oculus," with heavy software optimizations developed by Carmack. But the lawsuit alleges that Carmack owed much of his success at Oculus to software he developed as part of a team at ZeniMax. Among other things, the Texas court filing claims that Carmack secretly brought Oculus (and former ZeniMax) employee Matt Hooper into id Software's offices to develop an "attack plan" for mobile VR, which Oculus would later take to Samsung. The Samsung Gear VR was also built on some of the same code as the Oculus Rift, which was the subject of ZeniMax's earlier lawsuit. ZeniMax's basic argument is that Samsung would have been aware of the lawsuit against Oculus, which was filed during the initial development of the Gear VR. But "Samsung continued to develop the Gear VR with full knowledge of ZeniMax's allegations and without obtaining any right or permission from ZeniMax to use any of its copyrights or other confidential information." The new lawsuit officially accuses Samsung of copyright infringement for using ZeniMax VR code in the Gear VR, as well as trade secret misappropriation, unfair competition, and unjust enrichment.

78 comments

  1. unjust enrichment? by FatdogHaiku · · Score: 1

    Are they raking in big wads of cash?

    --
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  2. VR is garbage by Anonymous Coward · · Score: 1

    Worthless and pointless fad, just like 3D.

    1. Re: VR is garbage by Anonymous Coward · · Score: 0

      That internet thing is never gonna catch on, either.

    2. Re: VR is garbage by rewardian · · Score: 1

      I hope not, it'll go to Hell I imagine.

    3. Re: VR is garbage by cheesybagel · · Score: 1

      I still remember last time VR was a fad... in the 1990s.

    4. Re: VR is garbage by Anonymous Coward · · Score: 0

      just because another thing succeeded doesn't mean this thing will. might as well insist that it will fail as surely as 3d tv. not everything is a percedent for everything else goddammit.

    5. Re: VR is garbage by Anonymous Coward · · Score: 0
  3. Samsung? Say it ain't so! by MachineShedFred · · Score: 0

    This is my shocked face that Samsung would be named in a lawsuit alleging intellectual property theft, baseless or otherwise: :-|

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  4. Carmac is one of my heroes but... by Narcocide · · Score: 2

    ... I think they're gonna string him out to dry on this one. Over a decade ago there was already stereoscopic and anaglyph 3d rendering code in Quake3. That I know of. (I have little reason to expect Quake2 and Quake1 didn't as well, but I haven't actually looked myself.) It's pretty clear to anyone paying attention that they had this VR plan cooking well before they sold iD to ZeniMax. Legal technicalities aside, ZeniMax appears to have a case here.

    1. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      My understanding is that 3D is relatively easy to do (especially for an FPS. just create a second camera). There were 3D glasses for the Sega Master System, after all.

      I suppose id might have linked a headset to camera control at one point, replacing mouse-look. But that's a far cry from stuff like the HTC Vive.

    2. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      he denies destroying evidence, but he googled drive wiping software and then all the drives mysteriously got wiped.
      fuck carmack

    3. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      wtf are you talking about? their whole claim is basically that because they own ID by extension they own Carmacks brain. This kind of shit needs to stop for the good of everyone creative.

    4. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Many MANY companies that produce things that one would consider an invention or intellectual property have assignment-of-invention clauses in their contracts.

      https://www.contractstandards.com/clauses/assignment-of-inventions

    5. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Just because many companies do something does not make it right morally.

    6. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Zenimax alleged but never proved that Carmack wiped any hard drives.

    7. Re:Carmac is one of my heroes but... by Tough+Love · · Score: 2

      You sort of glossed over the fact that John Carmack is arguably the single greatest contributor to open source game rendering software in the history of mankind.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    8. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Patent trolls should be required to produce a working prototype as a proof of a patent feasibility.
      No prototype == fucking cock sucking troll bitch must die.

    9. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Fuck you.

      Carmack made more for this industry than all whining bitches of all stupid hololenses put together.

    10. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      No prototype = Your patent immediately enters public domain

    11. Re:Carmac is one of my heroes but... by Narcocide · · Score: 1, Insightful

      Yea, so? I also glossed over the fact that he sold out the entire gaming industry to make a quick buck with Facebook, and the fact that a guy that smart should have expected a law suit when he decided to violate the terms of his contracts with his previous employers.

    12. Re:Carmac is one of my heroes but... by PoopJuggler · · Score: 1

      What exactly did Carmack invent?

    13. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Or beneficially socially.

      The law is intended to create a cohesive, productive society---not to be morally right according to any particular worldview.

    14. Re:Carmac is one of my heroes but... by bluefoxlucid · · Score: 1

      BSP 3D rendering, which allowed Quake 1 to run full 3D rendering on a 33MHz 486SX (no math coprocessor) with 8MB RAM and no 3D acceleration, and allows modern graphics cards to produce the 3D renderings they do from modern software.

      Shadow volume stencil rendering, which reduces the complexity of rendering shadows in realtime to something reasonable.

    15. Re:Carmac is one of my heroes but... by bluefoxlucid · · Score: 1

      It's been suggested that Zenimax has no interest in VR, and so Carmack quit and used a modified Doom 3 to demo some VR, and implemented some 3D stenciling that he also implemented separately for Zenimax, and so is being sued on tenuous basis.

      Like, you got paid to draw a shadow once, so you can never draw another, different shadow again.

    16. Re:Carmac is one of my heroes but... by Anonymous Coward · · Score: 0

      Fuck you coward. Carmack has contributed back to open source than practically anyone in the community.

  5. This is how VR dies by Vektuz · · Score: 4, Insightful

    We'll see VR again when the patents expire, I guess.

    1. Re:This is how VR dies by wvmarle · · Score: 0

      Maybe all those researchers will have to leave the US to go work in freer parts of the word - like China , or even Europe- where they can develop their products without such risks.

      VR for all - except the US!

    2. Re:This is how VR dies by Pseudonym · · Score: 3, Insightful

      It's 3D printing all over again.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    3. Re:This is how VR dies by Anonymous Coward · · Score: 0

      Don't feed the beast.

      ZeniMax owns:

      Bethesda - so much for Fallout and Elder Scrolls :(
      ZeniMax Online Studios
      id Software
      Arkane Studios
      Tango Gameworks
      MachineGames
      BattleCry Studios
      Escalation Studios

      Check who makes the games before you buy.

    4. Re:This is how VR dies by EndlessNameless · · Score: 1

      They have no interest in allowing the VR market to die and render their patents meaningless.

      They may be in a position to require licensing for a large number of devices, which is the primo spot for any tech company to be in.

      If you can assure yourself licensing revenue, then everyone else can take the risks associated with development, production, and distribution. You get to tax the winners.

      Since I have heard nothing about Zenimax VR gear, I assume their development is stalled. We hear about a lot of VR hardware from others, though, so patent enforcement may be the only way Zenimax makes money at this point.

      --

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  6. Echoes of the past... by Anonymous Coward · · Score: 0

    Is this the new patent troll battleground? This smells a lot like SCO.

    Second verse same as the first

    http://www.lyricsdepot.com/hermans-hermits/henry-the-8th-i-am.html

    1. Re: Echoes of the past... by Anonymous Coward · · Score: 0

      Zenimax is run by lawyers, for better or for worse. Its why Bethesda keeps suing for name infringement.

  7. Huh... by Frosty+Piss · · Score: 4, Interesting

    So essentially, Carmack will never (or at least until certain patents run out) be able to work on VR again because anything he comes up with now builds on what he already knows, and he knows that stuff from developing what this Z-something now owns? Harsh.

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    1. Re:Huh... by Anonymous Coward · · Score: 3, Interesting

      "id Software was acquired by Z-something in 2009".... maybe he could have tried not selling his soul to the devil before he complained about the heat.

      you're all idiots.

    2. Re:Huh... by kamapuaa · · Score: 1, Informative

      The lawsuit is over software he developed at Zenimax for Zenimax, not some interesting ideas he had in his head. It's a much more solid case than the Waymo executive who took the data to Uber.

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    3. Re:Huh... by phantomfive · · Score: 1

      According to the link (which is another Slashdot summary so ymmv), the original case wasn't a patent lawsuit, it was a copyright lawsuit, and a non-disclosure agreement violation. So it will be a looooong time before that runs out.

      --
      "First they came for the slanderers and i said nothing."
    4. Re:Huh... by Anonymous Coward · · Score: 0

      Is it, now? A coder can rewrite his ideas without looking his previous work. It is not some mystic one time thing to make specific software. This kind of bullshit is the reason open source licenses exist.

      Most likely Carmack's newer attempts at the ideas are even better than what ZeniMax got.

    5. Re:Huh... by ArsonSmith · · Score: 2

      No patents this was copyright lawsuit. The very specific BS part is that Zenimax convinced a jury that "Non-litteral copying" was a thing. And that although no code was cut and pasted into anything Oculus has, the fact that he had originally written the code and had access to it that now anything he writes similar to it is also copyright infringement.

      It's a pretty scary case really.

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    6. Re:Huh... by Tough+Love · · Score: 1

      The Texas court probably broke and/or disregarded the law. It happens on a regular basis there, that is why patent trolls (like crybaby Zenimax) go shopping for judges there.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    7. Re:Huh... by PoopJuggler · · Score: 1

      Developing a VR system is not like writing a mergesort implementation. I know you're probably way smarter than the judges and jury involved in the case that actually saw all the evidence and heard all the testimony, but I'm guessing that you don't win $500mil on a baseless lawsuit.

    8. Re:Huh... by bluefoxlucid · · Score: 1

      So this will probably appeal into a Federal court, where it will get tossed out, and Oculus probably won't think to push for sanctions against Zenimax for frivolous lawsuits and abuse of the court system?

    9. Re:Huh... by Anonymous Coward · · Score: 0

      Are you seriously implying that a judge and jury might have even the slightest knowledge about technology when hearing this case?

      Any lawyer worth his/her salt would have removed anyone with a shred of technological knowledge from the jury pool.

      These kinds of cases are purposely heard by the least knowledgeable people so that they can be swayed by legal argument, and not be mired in actual logical thought and technical know-how.

  8. Fun Fact by rsilvergun · · Score: 2

    the CEO of ZeniMax was a day trader who more or less got kicked out of the profession for being too skeezy. Let that one sink in for a moment.

    But his company makes great games so, like Blizzard, gets a pass for just about anything.

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    1. Re:Fun Fact by Anonymous Coward · · Score: 0

      Did he manage a fund or something to get kicked from? Because you can't really be kicked out of day trading if you're using your own money.

    2. Re:Fun Fact by Anonymous Coward · · Score: 0

      Are you thinking of the right company? ZeniMax don't make games. They don't even publish games. They do have a large portfolio of entertainment properties that happens to include a couple of publishers, but they aren't directly involved in the industry. As such they have zero fans and don't get a pass from anybody.

    3. Re:Fun Fact by Anonymous Coward · · Score: 0

      But his company makes great games so

      What games? All I see is a load of mediocrity. But then again, we live in dark times, when something as awful as Skyrim is somehow deemed good.

    4. Re:Fun Fact by Tough+Love · · Score: 1

      the CEO of ZeniMax was a day trader who more or less got kicked out of the profession for being too skeezy. Let that one sink in for a moment.

      Even without knowing that, it's clear he is a fucking asshole and Zenimax will never get a cent more of my money, ever. Spent quite a bit on them in the past, but that's done now.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    5. Re:Fun Fact by Anonymous Coward · · Score: 0

      You poor bastard. Chess is more sandboxed than anything else. Proof - millions of imbeciles chess "masters" who "professionally" compete and even win money. LOL

    6. Re:Fun Fact by Anonymous Coward · · Score: 0

      Do you even know what sandbox means in the context of vidya gaems?

    7. Re:Fun Fact by Anonymous Coward · · Score: 0

      A sandbox is not a game? If it provides entertainment value then it's a game... which covers about 1/4 of the stories on /. as well.

  9. Next Suit: Carmacks Brain in a Jar by tomxor · · Score: 3, Insightful

    Or something equivalent, zenimax claims are basically all "We own whatever comes out of Carmacks head"... why don't they just cut to the chase and file suit against Carmack requiring all creative thought to instantly be property of Zen-ownallyourthoughts-max.

    1. Re:Next Suit: Carmacks Brain in a Jar by Tough+Love · · Score: 1

      Or something equivalent, zenimax claims are basically all "We own whatever comes out of Carmacks head"...

      I the case had been tried in California they would have been promptly tossed out of court on their asses.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
  10. Weird by locater16 · · Score: 3, Interesting

    I'm convinced the boardroom owners of Zenimax and whatever rabid lawyers they employ just get a hardon from lawsuits. The "victory" against Oculus was actually against Palmer and another Oculus employee personally for breaking NDA's, which they did. The charges against Carmack and for "stolen technology" were all declared as not guilty.

    So the "victory" provides them no legal backing nor precedent for this new suit, but they're doing it anyway because Zenimax is run by some crazed bullies that probably wank it to thoughts of bossing poor people around. Or they literally just hire hookers and then boss them around, I dunno.

    1. Re:Weird by Anonymous Coward · · Score: 0

      Zenimax has a few games like Elder Scrolls Online. Since they're a games developer, they're likely pretty used to abusing a bunch of devs in the first place.

      This money will most likely be used for nothing but yachts by upper management. It's like they all just won a shared lottery ticket, rather than the company winning funding for something useful.

  11. how is this unjust? by goombah99 · · Score: 2, Interesting

    This sounds like the perfect example of the proper use of intellectual property. I'm not privy to whether Zenimax's case is bogus or not-- I'm taking the trial outcome at face value. But if Carmack signed IP agreements when he was a zenimax employee and then used those for personal gain he was the one perfroming unjust enrichment. The whole point of investing in IP is to hope to strike it rich. If some one takes your crown jewels the law needs to support that.

    It doesn't matter that you might feel like information wants to be free. We don't live in that world. We live in the world where the creation of property rights creates liquidity and a market. In that world property rights mean money flows in to back the improvement of good ideas into products that are widely beneficial to society. Interestingly we also live in a world where we do appreciate the tradeoff that withholding IP is also bad and so we let those property rights expire as well. Free might sound nice but it means many good ideas will never be developed without capital.

    Now it might well be this is a bogus court decision. That's a whole different question.

    But I don't see this as a patent trolling. They invested to create those ideas.

    --
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    1. Re:how is this unjust? by Anonymous Coward · · Score: 0

      Good luck taking a damn USsian court decision at face value. That country is so corrupt it is not even funny.

      "widely beneficial to society" hahaha

    2. Re:how is this unjust? by ArsonSmith · · Score: 2

      The basics:

      JC pushed and pushed Zenimax to get into VR and they turned up their nose to the ideas and JC worked some on the side (using sensor fusion work he did at armadillo aerospace and a shader that could correct for lens distortion, and some porting work on Doom3)

      Zenimax wanted nothing to do with VR but JC really liked it so he left and joined a company that got bought up for really big money. Zenimax got $$ in their eyes and started digging for anything they could pin on the people involved.

      It was found in the court case that the Doom3 code was used as a demo without permission and that JC had reimplemented (non-litteral copying) the shader code for use at occulus.

      They also found, it seems correctly, that there was a demo of a headset JC worked on with Palmer Luckey to execs at Facebook that prompted the buyout.

      --
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    3. Re:how is this unjust? by mysidia · · Score: 1

      But I don't see this as a patent trolling. They invested to create those ideas.

      Intellectual Property is not Ideas; it is the implementation of the Ideas....... Copyrightable code and Trade secrets.

      If the product contains a copy of code owned by ZeniMax, then they're due royalties or an ability to deny Samsung the ability to make and/or profit from the product.

      On the other hand, if there's no code in common, Samsung could potentially have a re-creation or an independent implementation not subject to their copyrights.

    4. Re:how is this unjust? by Anonymous Coward · · Score: 0

      I agree.

      US has become a cesspit and a refuge for the most corrupt and unholy criminal libturds as never seen before. Even Medieval slavery pales next to it.

      Carmack should seek asylum in China.

    5. Re:how is this unjust? by Anonymous Coward · · Score: 0

      False dichotomy + hyperbole = meh

    6. Re:how is this unjust? by Anonymous Coward · · Score: 0

      It's unjust because the courts were wrong in this case. It's now one mistake after the other.

    7. Re:how is this unjust? by Anonymous Coward · · Score: 0

      ZeniMax doesn't have a single product of its own in the market, let alone a VR headset. How could the jury have possibly awarded them $500M against Occulus? How can this new case against Samsung even be accepted in court? The US legal system is completely corrupt.

  12. Hubris is a bitch by Anonymous Coward · · Score: 0

    Nicely done, Carmack. You've poisoned the well to the point that no one in their right mind will invest any more money in VR.

  13. Fuck ZeniMax. by Anonymous Coward · · Score: 0

    They dumbed down The Elder Scrolls and their Fallout games suck. Fuck ZeniMax.

  14. Typical Texas kangaroo court hack job by Tough+Love · · Score: 1

    Typical Texas kangaroo court hack job. What more needs to be said? Home of the Bushes, how did that work out?

    --
    When all you have is a hammer, every problem starts to look like a thumb.
    1. Re:Typical Texas kangaroo court hack job by Anonymous Coward · · Score: 0

      Shill? All your comments are for this article and one sided?

  15. Re:Samsung? Say it ain't so! by Tough+Love · · Score: 2

    This is my shocked face that Samsung would be named in a lawsuit alleging intellectual property theft...

    Oh right, Microsoft and Apple never would be, oh no deary me, perish the thought.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  16. erm... by XSportSeeker · · Score: 1

    I know Oculus lost the legal battle with Zenimax, but I thought Carmack was ultimately absolved of any wrongdoing.

    Too bad for VR I guess.

    1. Re:erm... by Piata · · Score: 1

      Carmack was absolved, Palmer Luckey was not. Zenimax keeps mistating the actual court results because they're downright crazy.

  17. Re:Samsung? Say it ain't so! by RotateLeftByte · · Score: 1

    Don't worry ToughLove, Apple will be next in the firing line the day after they release anything with the word 'reality' in the description.
    After all, Apple being the biggest company in the world, they also have the deepest pockets. Despite the likes on Nokia, Samsung, Quallcomm and the rest all wanting part of their cash hoard, there will be more than enough to spread amongst all the other Patent Trolls based in East Texas.

    --
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  18. so JC appears to be a badass by Anonymous Coward · · Score: 0

    I mean, can you claim someone's thoughts? If a spawned b which spawned c do you own a:c if c was done elsewhere. Seems like the one who actually does something with the IP is the one who has more at stake.

  19. Cyclic Trends in IT by mtmiller100 · · Score: 1

    Like many of you, I've been around for a while, and I've seen many trends in IT come around again and again. One of those trends is Carmack (or his company) being sued. I have no idea if any of the lawsuits against him/his companies have been bogus or frivolous, but every few years, I keep seeing his name pop up.

  20. Re:Samsung? Say it ain't so! by MachineShedFred · · Score: 1

    Who said that those companies are good actors? I was just saying that Samsung is a repeated, proven, bad actor. IP theft. Collusion. Bribery. Price fixing. All proven in court.

    But good job using fanboy logic: One company being a shithead doesn't make other companies less shitty somehow. They can all be shitheads at the same time - shitheadism isn't mutually exclusive.

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  21. Copyrights by jediborg · · Score: 1

    But copyrights TOTALLY encourage innovation and competition, by letting the company first-to-market sue the pants off its up-and-coming competitors, potentially ruining the industry and setting back technological development by about 15 years until patents expire.

  22. When it is big companies suing each other by Anonymous Coward · · Score: 0

    the truth tends to get warped and of course the financial penalty is set quite high.

    It is often a good idea to change programming languages if you work for someone else, at least change your programming style. Makes it much harder to prove if you are using someone else's IP.

    You could also change your natural language as well, for each job :)

    They don't teach this stuff at Universities, and quite a few Universities try this on as well, they like to claim copyright of work the students do. Final year projects are a bit of conundrum, do you want a good grade but you lose control of some of your best code, or do you quickly hack together something, and keep the good stuff for yourself, but grade lower.