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Tag: district court

  • Court Orders Silicon Knights to Destroy Copies of Too Human, X-Men: Destiny

    Court Orders Silicon Knights to Destroy Copies of Too Human, X-Men: Destiny

    A U.S. District Court has ordered Silicon Knights to stop using Epic Games‘ Unreal Engine and destroy all of its works containing licensed Epic Games technology, including unsold copies of Too Human, X-Men: Destiny, and other unreleased titles. The destruction will have to happen no later than December 10, 2012. The court also increased the amount of money awarded to Epic Games in May of this year from $4.45 million to $9.1 million.

    This case stems from 2007, when Silicon Knights sued Epic Games, claiming that Epic’s Unreal Engine 3 wasn’t “working,” that Epic was holding back some mythical improved version of the Engine, and that these troubles had cost Silicon Knights millions of dollars. Epic successfully defended itself and countersued, winning a jury trial at the end of May. Today’s decision presents even more of a blow to Silicon Knights. From the decision:

    Not later than December 10, 2012, Silicon Knights shall destroy all versions of the Licensed Technology in its possession, including (but not limited to) the video game engine code for Too Human, The Box/Ritualyst, The Sandman, X-Men: Destiny, and Siren in the Maelstrom, all other game code that was created using the Licensed Technology, all versions of the Unreal Engine 3, and all copies of any information obtained from the licensee restricted portions of the Unreal Developer network.

    In addition, Silicon Knights will have to recall any of its games that use Epic’s code and destroy them. The developer will also have to permanently stop using Epic’s engine, and remove any of Epic’s licensed technology from its own game engine, under the supervision of Epic.

    It appears Silicon Knights could be done as a game developer if this decision stands. With its last two (poorly reviewed) games not even on store shelves and a white screen sitting where the code for its future games should be, it’s hard to imagine a publisher investing in a new title with the company.

    (via Joystiq)

  • Judge Refuses To Stop Resale Of Digital Music

    The “First Sale” doctrine may cover digital purchases if ReDigi has its way.

    CNET is reporting that U.S. District Judge Richard Sullivan has denied EMI’s attempt to shut down ReDigi while the case goes to court. ReDigi is a Web site that allows users to sell the digital music on their computers.

    Judge Sullivan, however, is allowing the case to continue because he is “fascinated” by the numerous technological and legal issues involved.

    John Ossenmacher, ReDigi’s CEO, said that they are grateful for the judge’s decision in their favor. “ReDigi is breaking down the barriers that have kept consumers from enjoying their intrinsic and lawful ownership rights to their digital purchases.”

    For those who don’t know what ReDigi does, it scans a user’s hard drive to get a copy of the song the user wants to sell. It will then delete the file from the seller’s hard drive.

    ReDigi claims that the “First Sale” doctrine applies to their business, just as it does to any physical goods.

    The company claims that they discourage the illegal copying of music with a verification system, but they can’t guarantee that users back up their music before they sell it.

    EMI claims that ReDigi violates copyright law to run their business. The process of making copies of the file off of a user’s hard drive constitutes as an unauthorized copy in their eyes. They say that they have no “First Sale” rights because they sell songs that have been illegally obtained.

    EMI was displeased with the courts not issuing the injunction, but they are confident they will win the case.

    This case has the potential to set a powerful precedent. If the judge rules in favor of ReDigi, expect numerous businesses to pop up that allow people to sell digital items including movies and games.