1809 replies to this topic

[PheonixStorm]

New movement from yesterday:

"STIPULATION AND ORDER to Withdraw Motions Without Prejudice re parties'93 MOTION for Issuance of a Letter of Request , Defendant Piranha Games, Inc's87 Second MOTION for Summary Judgment)"

https://drive.google...iew?usp=sharing

Looks like some settlement is in the works. Could be a good thing or a bad thing. Perhaps PGI put enough pressure on HG to get something good done, but poor CGL is going to have a hard time once it's done.

Edited by PheonixStorm, 08 June 2018 - 04:39 AM.

[legionofvega]

Here's my guess for outcome:


1. Harmony Gold knows there will be no letters and no proof. And if they lose, they will be liable for all those things and cases they've "won" for the last 30 years.
2. All PGI wants is the ability to make derivatives and license them to make fans happy so they'll be content with that and to not get sued again.
3. Both parties agree to drop all things.
4. PGI free to make derivative works of mechs and license them to things like HBS/Paradox.
5. HG agrees not to sue again.

[Justin Kase]

Really hope this means PGI is coming out on top in this one - though I would rather see HG lose it outright and put an end to all the BS.

[Adridos]

legionofvega, on 08 June 2018 - 05:49 AM, said:

4. PGI free to make derivative works of mechs and license them to things like HBS/Paradox.
5. HG agrees not to sue again.

As far as 4 is concerned, I'm not sure they'd go as far as to get permissions to sublicense the designs. Leaving the in-game ones in the game is a no-brainer.

5 is out of the question. If they could (or wanted to) stop Harmony Gold from suing again, they would have asked for a settlement with prejudice. The fact it's not the case clearly shows the opposite.

[Sereglach]

One can only hope that HG realizes they're pulling a Hasbro all over again and are ready to go away once and for all. After all, the evidence was so clearly stacked against them AND the judged issued direct rule 11 threats (a rare occurrence) against them when given the opportunity to file a second amended complaint.

Since we can't see into the courtroom itself, for all we know HG got tipped off that the judge was ready to smack the gavel down against them and came crawling to PGI to make a deal so they could avoid sanctions and penalties. After all, as legionofvega pointed out, PGI and CGL just want to make new re-imaginings of the classics, PGI and HG want to use those versions in a unified era of modern Battletech games, and everyone would just be happy if HG went and crawled back under their IP trolling bridge.

However, part of me can't help but have a sinking feeling about this whole thing and am going to end up extremely disappointed in PGI. I hope that part of me is wrong, but it's still there.

[sleet01]

"Make Harmony Gold Sad" sale, with all Unseen / Reseen 'mechs and some Premium Time: $100 and I'd probably buy two.

[Valdarion Silarius]

Sereglach, on 08 June 2018 - 07:40 AM, said:

However, part of me can't help but have a sinking feeling about this whole thing and am going to end up extremely disappointed in PGI. I hope that part of me is wrong, but it's still there.

Same here. I hope this doesn't mean that PGI will lose the ability to produce new reimagined unseen (or nu-unseen as everyone likes to label it) and are only settling to keep the remaining unseen-reseen in game. There is still a very large chunk of classic mechs that deserve to arrive in game.

[Velahra]

Adridos, on 08 June 2018 - 06:26 AM, said:

5 is out of the question. If they could (or wanted to) stop Harmony Gold from suing again, they would have asked for a settlement with prejudice. The fact it's not the case clearly shows the opposite.

Unless I'm blind, and absolutely correct me if I'm wrong, there's nothing in the current article stating the conditions of the settlement. The only thing with or without prejudice I can see in the linked document is the motions being dropped for now. They're being dropped without prejudice, so that if settlement negotiations fall through the motions can be reopened. For all we know, PGI could still have this issue dismissed with prejudice as part of the settlement, but that remains to be seen.

Edited by Tarilaan, 08 June 2018 - 08:56 AM.

[FireStoat]

Adridos, on 08 June 2018 - 06:26 AM, said:

As far as 4 is concerned, I'm not sure they'd go as far as to get permissions to sublicense the designs. Leaving the in-game ones in the game is a no-brainer.

5 is out of the question. If they could (or wanted to) stop Harmony Gold from suing again, they would have asked for a settlement with prejudice. The fact it's not the case clearly shows the opposite.

Actually, I think that 4 and 5 most certainly is on the table and HG might certainly go along with it, because from PGI's point of view, every model and asset in a game that they develop is their property - including Unseen and similar bots. It would make sense that they would take the stance that either they get ALL of their in-house created material as owned by them, to do with whatever they want, or they continue on to court.

The Unseen mechs currently in MWO are the same assets that will be used for MW: 5. PGI might very well be banking on the success of that game and future interest in battletech projects, either created by PGI or some other company like HBS. HBS recently closed a purchase deal with Paradox and that publisher is well known for selling Strategy games. What if HBS wanted to make a new Mech Commander, or a PC version of a turn based strategy Succession Wars game as a new project? Would PGI want to be free to license their hand made created assets to HBS when they took something like that on? Of course they would.

I am optimistically thinking that Harmony Gold got caught with their pants down over the whole "show written proof in a form that the court will recognize that you have ownership of the rights of the materials that you claim you have." and they simply want an out to be free of any reprisal suits from their past bully tactics. In order to get that, they have to pay up.

[BadgerWI]

I'm a bit of a negative Nelly and have a hard time not being afraid of anything but absolute Victory. But you guys are infecting me the the belief that, maybe just maybe we might just get everything we wanted.

[Brain Cancer]

Makes you think HG just managed to stall out things until PGI started running low on funds, forcing a settlement instead of an actual decision. I mean, look at the stream of sales we've been having lately.

[legionofvega]

Agreed with FireStoat. I can't see PGI backing down on this case and that they'll AT LEAST get to keep using the current designs they have and they're all considered derivatives. As FireStoat said, these designs would then be their work and they could license out those derivatives as these chose fit (AKA HBS/Paradox). There might be a stipulation that no more derivatives can be made but at least we'd have the alpha lance. It also doesn't settle the owner issue, but I'd rather see PGI have the freedom to use the unseen models than no unseen.

[Iacov]

if i don't get to play with the marauder in HBS' Battletech, i'm pissed
mwo's marauder doesn't look at all as the unseen...i honestly hate the unseen design but love mwo's design

i don't think that they ran out of money - even though i'm startled by the sales myself
if they needed more money for the war cache, don't you think they would have told us in some way? and wouldn't we have had thrown money at them to fight this case?

i hope for the best but fear for the worst - this way i can only be positively surprised

[Justin Kase]

I'd toss in a donation to a legal fund if it meant a fair chance of the OpFor being taken down.

[legionofvega]

Perhaps some of the sales are to drive the party planning for MechCon?

[Valdarion Silarius]

Wait a minute. I looked at the store page and they have the Incubus (vixen) release recently. The Incubus is an unseen (but by judging on PGI's model is a nuseen). Something must have happened behind the scenes where PGI and HG came to some agreement to continue to make reimagined unseens in order for this to happen.

[Horseman]

Adridos, on 08 June 2018 - 06:26 AM, said:

5 is out of the question. If they could (or wanted to) stop Harmony Gold from suing again, they would have asked for a settlement with prejudice. The fact it's not the case clearly shows the opposite.

This filing does not relate to the settlement in that fashion.
All it has to do with is withdrawing their currently pending motions in the lawsuit. That is done without prejudice so that if the settlement falls through both parties can refile and resume the lawsuit where it left off.

[legionofvega]

If I were PGI, my settlement would include an agreement to NOT sue again. It seems silly to leave that out.

[legionofvega]

Good catch Arnold, I didn't realize the Incubus was on the list but sure enough it is! Hope for the future!

[SmokedJag]

legionofvega, on 08 June 2018 - 11:16 AM, said:

If I were PGI, my settlement would include an agreement to NOT sue again. It seems silly to leave that out.

That's par for the course legally.