Daybreak sues THJ

[zelld52]

Honestly, the argument is solid from THJ lawyers. In the Daybreak EULA it clearly states that "any dispute" will be handled by arbitration - and doesn't make any exceptions, (ie: IP infringement)

Bold move, Cotton - let's see how it plays out

[shovelquest]

Originally Posted by zelld52 [You must be logged in to view images. Log in or Register.]

Honestly, the argument is solid from THJ lawyers. In the Daybreak EULA it clearly states that "any dispute" will be handled by arbitration - and doesn't make any exceptions, (ie: IP infringement)

Bold move, Cotton - let's see how it plays out

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[Xer0]

Originally Posted by Irespectwomen [You must be logged in to view images. Log in or Register.]

Bro, you know that THJ intends on taking this to court and hired a top tier IP lawyer right? Do you know what the ENTIRE premise of these retards defense is going to be?

"LOOK AT THAT EQEMU COMMUNITY IT HAS EXISTED FOR 15 YEARS AND DBG DID NOTHIGN TO PROTECT THEIR ASSETS FROM THEM"

That is going to be their defense. They did this as a cash grab at the expense of everything.

https://scarincihollenbeck.com/law-f...ark-protection

That actually IS a defense, though.

Companies whose products brand names are synonymous with the product regardless of the actual brand, such velcro, band aid and kleenex basically have an obligation to protect their brand.

https://en.wikipedia.org/wiki/Generic_trademark

https://cyber.harvard.edu/metaschool.../domain/tm.htm

[Reiwa]

Originally Posted by zelld52 [You must be logged in to view images. Log in or Register.]

Honestly, the argument is solid from THJ lawyers. In the Daybreak EULA it clearly states that "any dispute" will be handled by arbitration - and doesn't make any exceptions, (ie: IP infringement)

Bold move, Cotton - let's see how it plays out

I think courts love arbitration and will use it whenever possible cause it reduces their caseload.

[Ekco]

Originally Posted by Reiwa [You must be logged in to view images. Log in or Register.]

I think courts love arbitration and will use it whenever possible cause it reduces their caseload.

the Steam case is hilarious cause they changed the eula after that class action was filed and that seemed to work lol

[Sadre Spinegnawer]

Originally Posted by Reiwa [You must be logged in to view images. Log in or Register.]

I think courts love arbitration and will use it whenever possible cause it reduces their caseload.

Arbitration is for legaling what an undertaker is for a dead body.

Who's the dead body in this situation? is a legitimate question.

[Infectious]

Originally Posted by zelld52 [You must be logged in to view images. Log in or Register.]

New filings dropped. THJ switching tactics, now saying that the Daybreak EULA says that all matters should be handled in arbitration, not in court.

Seems a bit late in the game to be pulling this card. Is this switch of tactics a sign that THJ lawyers know they're going to lose this suit? Is this the Ace in the Hole they've been holding on to the hole time? Will THJ survive?

Find out next time on Dragonball Z

Daybreak are known Putin sympathizers and most likely launder money for the triads in east Asia. Help THJ bring down drug smuggling.

[red_demonman]

Isn't this just clear-cut Daybreak wins? THJ hijacks the client on Steam and then monetizes it, not sure what their defense will be for that.

[zelld52]

Originally Posted by red_demonman [You must be logged in to view images. Log in or Register.]

Isn't this just clear-cut Daybreak wins? THJ hijacks the client on Steam and then monetizes it, not sure what their defense will be for that.

I think that's what the recent push for arbitration shows - THJ knows they won't win the case in court.

[Findlyn]

Originally Posted by Xer0 [You must be logged in to view images. Log in or Register.]

https://scarincihollenbeck.com/law-f...ark-protection

That actually IS a defense, though.

Companies whose products brand names are synonymous with the product regardless of the actual brand, such velcro, band aid and kleenex basically have an obligation to protect their brand.

https://en.wikipedia.org/wiki/Generic_trademark

https://cyber.harvard.edu/metaschool.../domain/tm.htm

Trademark and IP are 2 different things, you dont have to protect your IP like you do a trademark iirc. IANAL, but if i remember from business classes correctly.