RockStar sued again...but not for what you think.

[Oobgarm]

http://us.codejunkies.com/news_reviews.asp?c=US&cr=USD&cs=$&r=0&l=1&page=1&p=1&i=6366&s=1

Hmm. An interesting story if it's true. Anyone?

EDIT: Trying new link.

[Drexel923]

The link isn't working.

EDIT: Now that its fixed...Even if it is true, he would have to prove that he made this game when he did. Either by applying for a patent at the time or doing it the cheap man's way...mailing the cd to yourself back then and never opening it. There's no way he could win this without the previous being done.

[WiseSalesman]

Could be credible or could be bull. You'd think they would have noticed before now. If ti does turn out to be true, I'll lose what little respect I had for Rockstar.

[drumguy79]

Even if it is true, he would have to prove that he made this game when he did. Either by applying for a patent at the time or doing it the cheap man's way...mailing the cd to yourself back then and never opening it.

[legal lesson]
Actually it would be a copyright that would protect this particular work, not a patent. The good thing for him is that you don't have to file anything to get copyright protection... you get it when you create something like this. (Although you would have to file for a copyright before you can actually file suit).

The bad thing for him is that even if he can prove he created a game and showed it to Rockstar, that doesn't really mean anything. Your copyright only protects the 'expression' and not the 'idea.' It is a very fact-intinsive inquiry, but basically the 'idea' might be something like driving around on missions while having free reign to run around and kill people. The 'expression' would be specific mission/goal/character scenarios. There is almost 0 chance that Rockstar copied the game to this extent.

Plus, if you share an idea with someone like he did without getting an express (or implied) contract, they are free to use your ideas just like they were in the public domain.

Most companies/authors/musicians refuse to even open packages like this from people claiming to 'have a great idea' just because they don't want to mess with people later trying to say they stole their idea. It happens all the time and its too time-consuming to litigate.

Bottom line is, if he didn't get them to agree to pay him for his idea up front, he is SOL.
[/legal lesson]

[Drexel923]

Actually it would be a copyright that would protect this particular work, not a patent. The good thing for him is that you don't have to file anything to get copyright protection... you get it when you create something like this. (Although you would have to file for a copyright before you can actually file suit).

I was close enough ;)

Either way your right, the guy has no chance of winning anything.

[Ed Oscuro]

No chance of winning anything? Oh really. Has anybody heard of the Taco Bell dog? No copyright, just a stolen idea that ended up being a large lawsuit. I don't know how it ended up, but the fact that it actually went far enough to make the news is in of itself an indicator that the two guys behind that one actually contacted a lawyer who gave them the go-ahead.

People don't file lawsuits they have no chance of winning. They take frivolous and abusive cases to court, but they don't go with no chance of winning.

I also must say that this brings my view of Rockstar Games down a significant notch from where it was -- which was "acceptance of the entity as a group out to make an honest dollar even if it is quite controversial..." -- now I have my doubts about the "honest" part as well. I won't go so far as to brand them as "thoroughly unethical corporate assholes" but you know what, it's starting to look like that. I'll certainly hold off from quantifying the business as being such because we don't actually know if this fellow's claims are true...but they very well could be.

(Hint #14,058: Let your idea get stolen. Let them develop it, make the fortune off it, and then come back with a vengance and a lawsuit to claim a sizable percentage of what's rightfully yours)

[Drexel923]

No chance of winning anything? Oh really. Has anybody heard of the Taco Bell dog? No copyright, just a stolen idea that ended up being a large lawsuit. I don't know how it ended up, but the fact that it actually went far enough to make the news is in of itself an indicator that the two guys behind that one actually contacted a lawyer who gave them the go-ahead.

Yeah, this guy has no chance of winning...unless you can give us the results of that lawsuit. If they won then maybe it can be done. If they lost it, then the only thing they won was a nice chunk of lawyer fees.

[Ed Oscuro]

Do people quote me out of sheer spite? Look, it's not in the news because "OMG some d00d off the street came in the office and said "HALLEIUJAH IM GONNA SUE ROCKSAR! PRAISE JEEPUS." No, there's a lot more work behind the scenes than is evident here, and while you might like to live in a world where people spout off nonsense just because it makes them feel good, think again.

Since I'm really irked now, here's a link. (note the new date)

http://www.forbes.com/2003/05/12/cz_mf_0512tacobell.html

Now I wouldn't be so mad if you gave reasons for why he can't win anything -- like "he has no proof he wrote the game," in which case I would simply call you silly -- he must have had co-workers outside Rockstar -- or maybe even former Rockstar employees -- who saw his work (one doesn't program in a vacuumn) and are willing to vouch for it. Secondly, it's quite obvious he interviewed with the company at that time, and it should be simple to bring forth evidence he did that.

Don't call this one a flop before it gets off the ground...it's really rather annoying and just shows how willing people are to comment on things they not only aren't qualified to speak on but show no compassion for the "little guy" anymore.

[esquire]

My question would be, what took him so long to sue?

The series has only been out since 1997.

[Ed Oscuro]

What took the Taco Bell Dog guys so long to sue? Easy: money needed to be made. I say hats off to this guy for keeping companies straight, that's what. Even if they did the hard work, this guy deserved something for his part.

[Slipdeath]

What took the Taco Bell Dog guys so long to sue? Easy: money needed to be made. I say hats off to this guy for keeping companies straight, that's what. Even if they did the hard work, this guy deserved something for his part.
i think he's talking about the gta lawsuit

[Slipdeath]

oops double post

[Ed Oscuro]

Slipdeath, it's a linguistic device...I respond to his question with a similar case. Hope that clears things up :)

[Drexel923]

Do people quote me out of sheer spite? Look, it's not in the news because "OMG some d00d off the street came in the office and said "HALLEIUJAH IM GONNA SUE ROCKSAR! PRAISE JEEPUS." No, there's a lot more work behind the scenes than is evident here, and while you might like to live in a world where people spout off nonsense just because it makes them feel good, think again.

Since I'm really irked now, here's a link. (note the new date)

http://www.forbes.com/2003/05/12/cz_mf_0512tacobell.html

I think you need to calm down a bit. All you had to do was post that link when you made the Taco Bell statement before.

[Drexel923]

Now I wouldn't be so mad if you gave reasons for why he can't win anything -- like "he has no proof he wrote the game," in which case I would simply call you silly -- he must have had co-workers outside Rockstar -- or maybe even former Rockstar employees -- who saw his work (one doesn't program in a vacuumn) and are willing to vouch for it. Secondly, it's quite obvious he interviewed with the company at that time, and it should be simple to bring forth evidence he did that.

I never said anything about him not making the game...I said that he has to prove it was made before Rockstar did, thus the talk about copyrights.


Don't call this one a flop before it gets off the ground...it's really rather annoying and just shows how willing people are to comment on things they not only aren't qualified to speak on but show no compassion for the "little guy" anymore.

Its good to know that we have a qualified professional like yourself around. I guess I'll have to submit to your expert opinion. And just becuase I think he won't win doesn't mean I don't have compassion for artistic rights and the so called "little guy".

[Ed Oscuro]

I never said anything about him not making the game...I said that he has to prove it was made before Rockstar did, thus the talk about copyrights.

Wonder why you said he didn't have a chance, then.

Oh, and yeah, you don't have to know everything about copyrights to say what I have, there. Saying stuff that's just plain wrong...well, you don't have to have a PhD to see some of it, that's all. Sorry that you've taken it badly, but again - I want to see that everybody's on the same page here.

[Drexel923]

Oh, and yeah, you don't have to know everything about copyrights to say what I have, there. Saying stuff that's just plain wrong...well, you don't have to have a PhD to see some of it, that's all. Sorry that you've taken it badly, but again - I want to see that everybody's on the same page here.

Fine, your right, I have been corrected on the copyright issue...I can accept that. I'm glad I learned something today.

[Ed Oscuro]

I learned something too, I won't pretend I didn't -- I went out and found out about the Taco Bell dog case which actually looks to be snowballing. It will be interesting to see how that one ends up, really.

[drumguy79]

it's really rather annoying and just shows how willing people are to comment on things they not only aren't qualified to speak on but show no compassion for the "little guy" anymore.


Uh... I'm a lawyer, so I have a pretty good grasp of how these things work. Also, while it is popular to think of corporations as evil machines looking to exploit the 'little guy', think about it this way. How just is it to allow this guy to sit back and wait 10 years while Rockstar puts millions into development/design/advertising before coming in and saying 'its my idea'. Most people like this are vultures. The TC case is different because the two sides were apparently working together to develop this concept. And again, let me emphasize just how difficult it is legally to get protection for an idea that you voluntarily showed to someone with no contractual protection.