Zynga Bites Back Against EA Lawsuit, Files Counterclaim

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Zynga Bites Back Against EA Lawsuit, Files Counterclaim

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Zynga moves for a jury trial, and retaliates with some damning allegations of its own.

EA may have thought Zynga to be an easy target when it filed its lawsuit against the social gaming company, but Zynga is fighting back. The company has filed three documents against EA: one declaring a motion to strike, another responding to the copyright claims, and finally raising a counterclaim proposing that EA's chief executive proposed an anti-competitive "no hire" agreement with Zynga.

The first filing aims to strike sections of EA's complaint, which Zynga describes as "an unrestrained ramble of immaterial, inflammatory, and prejudicial allegations that have no bearing on the issue at hand". Zynga believes that the comments were more suited to encouraging press coverage rather than assisting in legal analysis.

The second filing deals with Zynga's response to EA's allegations of copyright infringement back in August this year. Zynga says that The Ville is not a copy of The Sims Social, but rather a natural evolution of Zynga's game design from their previous "life simulation" games. It also stated that the user base for The Sims Social had already plummeted by the time Zynga launched The Ville, so it was "implausible" that Zynga would attempt to launch a copy of a game that had already failed months before. As such, it demands a jury trial for these allegations.

The third and most aggressive move from Zynga is a counterclaim accusing EA of taking "an anti-competitive and unlawful scheme to stop Zynga from hiring its employees and to restrain the mobility of EA employees in violation of the spirit of antitrust laws". Zynga stated it had received more than 3,000 resumes from EA employees attempting to defect, including several EA executives. In response, EA's CEO John Riccitiello reached out to Zynga's past chief operating officer John Schappert to refer any deserters back to EA instead. Zynga alleged that, when it refused to comply, Ricitiello subsequently made moves to slow down Zynga's hiring process and force them to spend more money in litigation, as well as scare remaining EA employees to stay in the company.

EA spokesperson John Reseburg responded to the allegations with noticeable enmity. "This is a predictable subterfuge aimed at diverting attention from Zynga's persistent plagiarism of other artists and studios," he said. "Zynga would be better served trying to hold onto the shrinking number of employees they've got, rather than suing to acquire more."

Zynga's court filings can be found here:
Zynga's Motion to Strike
Zynga's Answer and Demand for Jury Trial
Zynga's Counterclaim

Source: Kotaku, Venturebeat

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Oh boy, dis gunna be guuuwd. It's just like the monkey cage at the zoo, except with more poop-flinging.

Here's to hoping they both lose.

Yes because when you're pinned down by machine gun fire the best option is to come out of cover and fire back

EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.

kortin:
EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.

Disagree.

I can ignore Zynga. They're just trash under the fridge.

EA directly harms IPs I love (or used to) and partakes in destructive business practices.

Can't we agree that both companies are guilty and fine them both?

I don't care who wins this one, I just hope its a long drawn out battle where both of them hemorrhage money for a long long time!

Absolutionis:

kortin:
EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.

Disagree.

I can ignore Zynga. They're just trash under the fridge.

EA directly harms IPs I love (or used to) and partakes in destructive business practices.

Nothing disgusts me more than a thief who can get away from crimes that he clearly committed AND make money off those crimes.

Not quite the lesser of two evils...but rather the evil of two lessers.

Not so casual now are ya Zynga?

Captcha: Another Castle
That, ladies and gentlemen, is real gaming.

kajinking:
Yes because when you're pinned down by machine gun fire the best option is to come out of cover and fire back

In the legal world it is. Filing counter-suits is standard practice in these lawyer wars.

lets just hope that both of these pathetic groups burn and sink under the weight of thier own ill-standards and mistreatment of their IP's. Fuck you EA!

And you to zynga...I guess.

I don't like either of them, but I'm hoping Zynga wins this one. It'll be funny to see EA scramble, and we need to clamp down on stupid BS copyright laws and the money-grubbing corporations that use them.

Gearhead mk2:
I don't like either of them, but I'm hoping Zynga wins this one. It'll be funny to see EA scramble, and we need to clamp down on stupid BS copyright laws and the money-grubbing corporations that use them.

Yep, because the company that openly flaunts how it scams and lies in order to make a quick buck is so much better.

While I wish both would burn in some regard, Zynga can die out first.

It's like two school bullies arguing. "Cheater!" "I know you are but what am I?"

I can't wait til they come to actual blows though. >:D

I'm not sure who to side with.

EA seems to enjoy trying to take out the competition (with their purchases of smaller companies and their alleged attempt to buy Valve) so that they can see more cash, but Zynga has a reputation for imitating other companies' IPs, such as this recent game. Both of them have some... less than scrupulous money generating techniques, to put it lightly.

Part of me just wants to say "screw this, I'm out", but I'm really intrigued by how this could play out.

EDIT: After thinking about it a bit, I can't help but feel that an "Internet Fight"-type gif would be appropriate right now. Sadly, I can't find a good enough one.

Oh goody Zynga are going put up a fight. *grabs popcorn*. With any luck it will cost EA a fortune in legal fees. Zynga can rot for all I care but any damage they do to EA on the way out is fine by me.

Mutually assured destruction has never been such a desirable outcome in any conflict ever.

I really don't care either way which one wins the settlement. I just hope they make it expensive and a loss for the both of them.

Gotta go with the wisdom of Jimothy here. They're both assholes, but EA's assholery directly affects games I'm actually interested in. So go Zynga.

supersupersuperguy:
.

EDIT: After thinking about it a bit, I can't help but feel that an "Internet Fight"-type gif would be appropriate right now. Sadly, I can't find a good enough one.

Anyway, I think the most we can hope for is that both of them drain themselves of money on this whole thing. Personally, I hate Zynga just a little bit more, if only because my mom has spent hours on my laptop playing freakin farmville.

I still hate EA though, mainly for running Pandemic and others into the ground /rage

Nobody has posted this. I'm dissapointed.

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Jerk battle of the century. Definitely worth watching.

SupahGamuh:
Nobody has posted this. I'm dissapointed.

image

Jerk battle of the century. Definitely worth watching.

[CENSORED] ninjas! I was just about to post that!

Zynga: Let me give you a word of advice: Whey someone puts you in a hole don't give them a drilling rig!

Well, won't this be fun?

If anyone cares, I'm rooting for Zynga. Unlike EA, Zynga hasn't bought out beloved studios of mine and made them go to hell (Bioware and Westwood come to mind).

*puts some popcorn in the microwave*

I'm not rooting for either, but if one does come out on top, I hope it's Zynga. I think the destruction would be greater for both companies that way. Zynga is on its way out EA suit or not. If they manage to damage EA for all they can muster, I will be happy.

Oh this is too good. It's like fighting a gladiator match while having a front row seat. I don't care who wins. I hope they keep fighting each other out until they both burn, even though that might not be possible, but whatever. Fuck em both. Still, this is good entertainment. Your move EA!

Best case scenario? Zynga continues to die, but wins the case, or at least damages EA enough that they have to start selling off portions of themselves to stay alive, thereby releasing BioWare and other formerly awesome studios from their death hold and letting them flourish again.

Either way, this is one of the few legal battles centered around gaming that I'm actually excited for.

ritchards:
Can't we agree that both companies are guilty and fine them both?

No, because fines do diddly fucking squat.

DEATH TO EA! GRIND THEM INTO THE DUST ZYNGA!!!!!

baconsarnie:
Mutually assured destruction has never been such a desirable outcome in any conflict ever.

us Indy gamers are going to sit back and laugh at them. Then play Bastion.

This is like watching two bullies duke it out. In the end though, no one really wins. But man this will be entertaining!

Oh how wonderful.

I can only hope they collide with such force that both of them die out.

It would be a lovely ouroboros of corrupt game marketing.

Put 'em both in jail, and see who Bubba sides with.

I hope they both lose. Maybe we can nail two birds with one stone, I know EA isn't likely to go under but we can hope.

kortin:
EA versus Zynga...

Hmm, I'm siding with EA here, no matter how much I hate them. At least most of EA's IPs tend to be mostly original, albeit overused.

This, at least EA does actually do new things sometimes, just not necessarily world shaking revolutionary things.

Like I found out the new MoH has a buddy system for multiplayer, and when it was explained to me it seemed like a fresh take on the whole tedious thing.

At any rate I still think Zynga should be very afraid of the titan of misery and woe that is EA's legal department.

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