Valve Wins Summary Judgment Motions in Copyright Infringement Case

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Valve Wins Summary Judgment Motions in Copyright Infringement Case

Valve today announced the U.S. Federal District Court in Seattle, WA granted its motion for summary judgment on the matters of Cyber Café Rights and Contractual Limitation of Liability in its copyright infringement suit with Sierra/Vivendi Universal Games.

Judge Thomas S. Zilly ruled that Sierra/Vivendi Universal Games, and its affiliates, are not authorized to distribute (directly or indirectly) Valve games through cyber cafés to end users for pay-to-play activities pursuant to the parties' current publishing agreement. Valve games such as Counter-Strike, Counter-Strike: Condition Zero and the recently released Half-Life 2 and Counter-Strike: Source are all popular in cyber cafés.

In addition, Judge Zilly ruled in favor of the Valve motion regarding the contractual limitation of liability, allowing Valve to recover copyright damages for any infringement as allowed by law without regard to the publishing agreement's limitation of liability clause.

"We're happy the court has affirmed the meaning of our publishing contract. This is good news for Valve and its cyber café partners around the world," said Gabe Newell, founder and CEO of Valve. "We continue to add value to our program and we look forward to working with cafés to get them signed up and offering Valve's latest games to their customers."

The Valve Cyber Café Program is the only legal way to use Valve games in your cyber café or gaming center. There are currently thousands of cyber cafés participating in the program throughout the world. More information regarding the Valve Cyber Café Program can be found here: http://steampowered.com/index.php?area=cybercafes
 
Take that big time CORPORATION!!! HA!!! Valve gave em the ole one-two. :cheers:
 
This is good news but more importantly , what about the rights to the HL IP? When's the hearing on that case?
 
satch919 said:
Take that big time CORPORATION!!! HA!!! Valve gave em the ole one-two. :cheers:

for the record, valve is a "big time corperation" too...

they pay their lawers more per month then both of your parents (assuming your under 18, if not dont be offended) combined...
 
VALVe needs to pull an id...as in (id software becoming their own publisher).

Take Care.
 
Valve isint that big, they have only released 2 titles. Sure those two titiles are two of the best FPS games ever giving them the money or huge companies but they are kinda small with deep pockets ;)
 
Yes Deemo, but mine was more complete with specific info from valve :)
 
They win! There's also something at the bottom of the order-

ORDER 3-



IN PART and Plaintiff may not recover “special, incidental, consequential or punitive damages of any nature,” for any reason, including without limitation, the breach of the 2001 Agreement, whether such liability is asserted on the basis of “contract, tort, or otherwise.” Plaintiff’s cross motion is DEFERRED IN PART as to the issue of bad faith. In the event Defendants’ bad faith is established at trial, the limitation of liability provision contained in the 2001 Agreement may not be applicable. Washington law will control.



(4) The Court will issue an Order in this matter as soon as possible explaining the Court’s rulings.

IT IS SO ORDERED. DATED this 22nd day of November, 2004.



I get the impression this is about valve so called misleading of VU in relation to online distribution not being viable. If so and I'm reading this right then this is still to be ruled on at a later date.

I could be wrong tho as it's late, I'm stoned and it's damn annoying legal speak...
 
yes maybe when they are out of the picture valve can have more creative controll even though sierra/vivendi did nothing they sat back and did nothing absolutly nothing
 
Don't get all very happy yet - the REALLY BIG issue of Valve's ownership of the HL IP still needs to be decided!
 
The Mullinator said:
I believe this image displays the current situation very well. ;)

http://upl.silentwhisper.net/uplfolders/upload6/Untitled-3-copy.gif

I take no credit for that image. I believe it was Crazy Harij here who created it.

of all pple here...i didn't expect u to be the one posting that image here :E
anyway good news but like a few others have pointed out.. the more important issue is still to be decided..
 
SFLUFAN said:
Don't get all very happy yet - the REALLY BIG issue of Valve's ownership of the HL IP still needs to be decided!

That's just a payback suit from Vivendi. They have absolutely no credible claim to the HL IP, esp. not when they were slapped down on this issue.
 
I dunno man - the American legal system has done some pretty strange things before (I can say this because I'm an American!) :)
 
~Speed_Demon~ said:
VALVe needs to pull an id...as in (id software becoming their own publisher).

Take Care.

I'm sure Activision will be surprised to hear that.
 
Free Legal Translations by -=AutoPilot=-:

Count I

Vivendi cannot distribute Valve Games to Cyber-Café’s. (but Valve can)

Count II

Vivendi violated Valves copyright. And owes them money....

Vivendi breached the contract (did things they weren’t supposed to) and owes money to Valve for doing so (but the amount is limited to actual losses, and not inflated ones). The amount owed is the amount Valve would have gotten if Vivendi hadn’t breached the contract.

-=AutoPilot=-

P.S. > don't worry about the financial situation over at Vivendi, they are doing quite well....

>Vivendi Universal Reports Quarterly Operating Results in Strong Progress And Raises its Full Year Adjusted Net Income Guidance to above €1.2 billion<
 
And AutoPilot, the issue of the VU countersuit against Valve for misleading them regarding the creation of Steam and the claim for the HL IP has not been settled as yet correct?
 
~Speed_Demon~ said:
VALVe needs to pull an id...as in (id software becoming their own publisher).

Take Care.

Activision published Doom3 for id
 
AutoPilot said:
Free Legal Translations by -=AutoPilot=-:

Thanks for that, I was wondering what the hell was going on =]

Nice to hear valve won.
 
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