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ZeniMax Sues Oculus for Copyright Infringement

May 21, 2014 by Stephen Daly

ZeniMax alleges id co-founder John Carmack stole tech when he left for VR firm.

Following ZeniMax's accusation earlier this month that id Software co-founder John Carmack stole virtual reality technologies when he left the studio to join Oculus, the company, which owns id and Fallout maker Bethesda, has filed formal legal proceedings against the Facebook-owned firm.

ZeniMax alleges that Oculus is "illegally misappropriating ZeniMax trade secrets relating to virtual reality technology, and infringing ZeniMax copyrights and trademarks."

Here's the company's full press statement:

ROCKVILLE, Md., May 21, 2014 (BUSINESS WIRE) — ZeniMax Media Inc. and its subsidiary, id Software LLC, filed suit today against Oculus VR, Inc. and its founder, Palmer Luckey, for illegally misappropriating ZeniMax trade secrets relating to virtual reality technology, and infringing ZeniMax copyrights and trademarks. ZeniMax is also asserting claims for breach of contract, unjust enrichment, and unfair competition against the defendants. The suit was filed in federal court in the U.S. District Court for the Northern District of Texas.

The suit arises from the defendants' unlawful exploitation of intellectual property, including trade secrets, copyrighted computer code, and technical know-how relating to virtual reality technology that was developed by ZeniMax after years of research and investment. ZeniMax provided this valuable intellectual property to defendants under a binding Non-Disclosure Agreement that specifies such intellectual property is owned exclusively by ZeniMax and cannot be used, disclosed, or transferred to third parties without ZeniMax's approval. ZeniMax's intellectual property has provided the fundamental technology driving the Oculus Rift since its inception. Nevertheless, the defendants refused all requests from ZeniMax for reasonable compensation and continue to use ZeniMax's intellectual property without authorization.

All efforts by ZeniMax to resolve this matter amicably have been unsuccessful. Oculus has recently issued a public statement remarkably claiming that "ZeniMax has never contributed IP or technology to Oculus." Meanwhile, Luckey has held himself out to the public as the visionary developer of virtual reality technology, when in fact the key technology Luckey used to establish Oculus was developed by ZeniMax.

"Intellectual property forms the foundation of our business," said Robert Altman, Chairman & CEO of ZeniMax. "We cannot ignore the unlawful exploitation of intellectual property that we develop and own, nor will we allow misappropriation and infringement to go unaddressed."

"ZeniMax and id Software take their intellectual property rights seriously," said P. Anthony Sammi, a Partner of Skadden, Arps, Slate, Meagher & Flom LLP which represents ZeniMax and id in this matter. "We now look to the federal courts and will pursue all appropriate measures available under the law to rectify defendants' egregious conduct," he added.

We'll keep you informed of the case as it develops but it's important to note that ZeniMax is going up against Facebook's legal might and not just that of Oculus. 

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