Turbine v. Atari - The Nitty Gritty - DUNGEONS & DRAGONS ONLINE®: Eberron Unlimited™ Forums

GoldyGopher · 09-24-2009, 02:28 PM

Both cases will be heard by the Hon Bernard J. Fried, who frequently has been in the news for the work on a number of cases involving Merrill Lynch, Lehman Brothers, and several other finacial cases of late.

Case Atari v. Turbine: 602751/2009
Case Turbine v. Atari: 602639/2009

Both Atari and Turbine have filed motions to dismiss the other cases.
Atari motion will be heard Oct 5th, no date has been set for Turbines Motion to dismiss.
The actual motion and supporting documentation “Exhibits” are currently “secure” which as I understand means we can’t see it because one or both parties don’t think it is public information and the judge has not ruled upon it yet.

Turbine has filed their amended complaint
Atari's complaint

There is a motion hearing on Friday Sept 25 to hear a Motion by Turbine to substitute an Attorney on the Case.

Ustice · 09-24-2009, 02:34 PM

Wow, thanks for the update! Posting it now. I'm reading the amended complaint now, but I am not seeing any difference at the moment. Anyone else?

Mockduck · 09-24-2009, 02:34 PM

Excellent! Thanks for keeping track on this.

Jendrak · 09-24-2009, 03:02 PM

After reading the provided documents I have a question that maybe someone more legal savy than myself can answer.

In the doc the lawyers asked for compensation from Atari to Turbine for lost money but I didn't see anything else, I.E. ability to keep the game up and running?

It looks likes if Turbine wins they get their money and we get shut down anyway or am I just over looking the obvious? (money gets passed aound and the contract is still binding)

GoldyGopher · 09-24-2009, 03:09 PM

Quote:

Originally Posted by Jendrak

After reading the provided documents I have a question that maybe someone more legal savy than myself can answer.

In the doc the lawyers asked for compensation from Atari to Turbine for lost money but I didn't see anything else, I.E. ability to keep the game up and running?

It looks likes if Turbine wins they get their money and we get shut down anyway or am I just over looking the obvious? (money gets passed aound and the contract is still binding)

Turbine is requesting that the agreements be found binding, this would require Turbine to continue operating DDO as per the agreements (until 2016) which I am sure requires Turbine to invest some amount of money into the game.

Cyr · 09-24-2009, 03:12 PM

As always a big thanks for gathering this type of information. Now it's time for some light reading

GoldyGopher · 09-24-2009, 03:18 PM

Quote:

Originally Posted by Cyr

As always a big thanks for gathering this type of information. Now it's time for some light reading

As a laugh, I had little trouble reading Atari's compliant. To quote a friend, any first year law school drop out from your local community college probably could craft a better document.
However Turbine's compliant actually had a word in that I had to check the dictionary to make sure my understanding of the proper use was correct. (My understanding wasn't correct by the way).

ArkoHighStar · 09-24-2009, 03:22 PM

Quote:

Originally Posted by GoldyGopher

As a laugh, I had little trouble reading Atari's compliant. To quote a friend, any first year law school drop out from your local community college probably could craft a better document.
However Turbine's compliant actually had a word in that I had to check the dictionary to make sure my understanding of the proper use was correct. (My understanding wasn't correct by the way).

the complaint is incredibly well crafted and makes very specific charges of fraudulent behaviour by Atari. As I said in another post these attorneys look too good to make this stuff up, and obviously Turbine supplied them with a mountain of communications to use as evidence.

Jendrak · 09-24-2009, 03:22 PM

Quote:

Originally Posted by GoldyGopher

Turbine is requesting that the agreements be found binding, this would require Turbine to continue operating DDO as per the agreements (until 2016) which I am sure requires Turbine to invest some amount of money into the game.

Thanks man.

I kinda figured that's what would happen but when Lawyers get involved you never can tell whats gonna happen

Jendrak · 09-24-2009, 03:24 PM

Quote:

Originally Posted by GoldyGopher

As a laugh, I had little trouble reading Atari's compliant. To quote a friend, any first year law school drop out from your local community college probably could craft a better document.
However Turbine's compliant actually had a word in that I had to check the dictionary to make sure my understanding of the proper use was correct. (My understanding wasn't correct by the way).

Yeah...I kinda facepalmed when i saw "strapped for cash" in a legal document

In all my years of process serving I never saw anything like that before.

Vivanto · 09-24-2009, 03:25 PM

So where can we place our bets?

Lorien_the_First_One · 09-24-2009, 03:28 PM

Quote:

Originally Posted by Vivanto

So where can we place our bets?

I bet you 1million plat and 10 larges that Turbine gets to keep operating DDO.

ArkoHighStar · 09-24-2009, 03:30 PM

Quote:

Originally Posted by Jendrak

Yeah...I kinda facepalmed when i saw "strapped for cash" in a legal document

In all my years of process serving I never saw anything like that before.

you know you are completely different leagues whe your lawyers use "cash strapped" and your oponents can actually spell "financial distress"

Jendrak · 09-24-2009, 03:32 PM

Quote:

Originally Posted by Lorien_the_First_One

I bet you 1million plat and 10 larges that Turbine gets to keep operating DDO.

I'll see your bet and raise you a broccoli

Sorry, just couldn't resist

Jendrak · 09-24-2009, 03:34 PM

Quote:

Originally Posted by ArkoHighStar

you know you are completely different leagues whe your lawyers use "cash strapped" and your oponents can actually spell "financial distress"

That was the thing that killed me. They used financial distress several times and then the strapped for cash came outta no-where.

Ustice · 09-24-2009, 03:35 PM

I'm still on section 10, but I am noticing a some differences. Paragraph 4 adds some more accusatory language of intent and fraud, and the phrase "On information and belief" is missing. I wonder if Turbine got some new proof.

Cyr · 09-24-2009, 03:39 PM

Quote:

Originally Posted by Lorien_the_First_One

I bet you 1million plat and 10 larges that Turbine gets to keep operating DDO.

Smart move there. If you win you win, if you lose it will not matter since there will be no game to play

shores11 · 09-24-2009, 03:40 PM

Quote:

Originally Posted by Jendrak

After reading the provided documents I have a question that maybe someone more legal savy than myself can answer.

In the doc the lawyers asked for compensation from Atari to Turbine for lost money but I didn't see anything else, I.E. ability to keep the game up and running?

It looks likes if Turbine wins they get their money and we get shut down anyway or am I just over looking the obvious? (money gets passed aound and the contract is still binding)

Ok I saw where Turbine is suing for the money but how did you inturpret that DDO was being shut down? Yes you overlooked a heck of a lot if you saw that.

Vivanto · 09-24-2009, 03:43 PM

Quote:

Originally Posted by Cyr

Smart move there. If you win you win, if you lose it will not matter since there will be no game to play

Yup, hence it's a cheapass bet

I'll give ya 40 mil plat, 200 larges including 50 large scales if the game shuts down.

Jendrak · 09-24-2009, 03:46 PM

Quote:

Originally Posted by shores11

Ok I saw where Turbine is suing for the money but how did you inturpret that DDO was being shut down? Yes you overlooked a heck of a lot if you saw that.

What i was asking is: If turbine wins and gets the money does that still constitue the breach of contract and atari gets to pull the plug? It's called reading between the lines and it happens on a regular basis in the legal community. At no point did i say that DDO was getting shut down only asking if it was a possibility.

DON'T FEED THE TROLLS