Ubisoft Sues The Black Eyed Peas for $1 Million

Ubisoft Sues The Black Eyed Peas for $1 Million

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The pop group funks with Ubisoft's heart over a breach of contract.

Mainstream hip-hop group The Black Eyed Peas are known for their multi-platinum albums instead of their involvement in games, but they've entered into an agreement recently with Ubisoft to create The Black Eyed Peas Experience; a dance title for Kinect and Wii. However, it seems that the pop artists have come up short on their end of the deal, because Ubisoft is suing them for breach of contract and asking for $1 million in damages.

The complaint doesn't actually mention the name of the group or the game itself, but Ubisoft has filed the lawsuit against an entity called BEP Music LLC, which owns only one trademark: The Black Eyed Peas Experience. Ubisoft claims that it entered into a contract with BEP Music in June 2011, allowing the company to license "the names and likenesses" of the performers in order to develop, produce and distribute a videogame. Part of that contract included a clause stating that BEP was required to approve anything that Ubisoft submitted to it "no later than...within ten (10) business days".

After the November 2011 release of the console version of The Black Eyed Peas Experience, the developers began work porting the title over for iOS devices, and asked for approval from BEP since March of this year. Unfortunately, Ubisoft never received a response from the company despite "repeated requests", and now it states that BEP Music has breached the contract by failing to respond in a timely manner. The iOS versions of the game were originally scheduled for release in April-June 2012.

"At the time of BEP Music's breach of contract, Ubisoft had spent 181,000 Euros (approximately $233,000) in developing the IOS game," the court documents say. "As a direct and proximate result of BEP Music's breach of contract, Ubisoft has suffered damages in an amount in excess of $1,000,000, which not only includes Ubisoft's out-of-pocket development costs, but also the profits Ubisoft has lost and will continue to lose as a result of BEP Music's breach of contract."

Source: Courthouse News Service via Player Attack

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I believe the word is "phunk" not funk.

So they're sueing for a million?...I'm sorry but I don't care about why, they could totally be in the right or the wrong but... this is all I can think about right now.

only a million my company spends that on pens every month and like number 2 stated its not exactly a lot of money these days
anyway i figure this is just a ploy to get them to sign off on the app and stuff since it is such a ridiculously small amount of money

$1,000,000 might not be a lot in the grand scheme of things, particularly in the game industry, but it is an IOS game, so the margins are lower. Might be more to make a point than anything else; if this happened with a Rock Band-style AAA console game, the losses would be quite a bit heftier on Ubisoft's part

I think Ubisoft grossly overestimates how much money their iPad port was going to bring in.

Sylveria:
I think Ubisoft grossly overestimates how much money their iPad port was going to bring in.

Perhaps, but that's more or less irrelevant. There is always the matter of opportunity cost; there's nothing worse than wasting money on something that you can't follow through with.

And seeing the stuff that sells well nowadays, I wouldn't be surprised if Ubisoft raked in some dough from this. Some people actually like the Black Eyed Peas.

On a related note, there was another artist a while back that pulled something similar to this. Can't remember who it was for the life of me though.

Zombie_Moogle:
$1,000,000 might not be a lot in the grand scheme of things, particularly in the game industry, but it is an IOS game, so the margins are lower. Might be more to make a point than anything else; if this happened with a Rock Band-style AAA console game, the losses would be quite a bit heftier on Ubisoft's part

Indeed.

I think they did it more to prove a point that people can't just get into contracts and breach them. If they let it slide then it'd set a poor precedent, and make them look like they don't take contracts seriously.

Well they were already a quarter of a million dollars into production, and hey people bought the Star Wars one.

Mahorfeus:

Sylveria:
I think Ubisoft grossly overestimates how much money their iPad port was going to bring in.

Perhaps, but that's more or less irrelevant. There is always the matter of opportunity cost; there's nothing worse than wasting money on something that you can't follow through with.

And seeing the stuff that sells well nowadays, I wouldn't be surprised if Ubisoft raked in some dough from this. Some people actually like the Black Eyed Peas.

On a related note, there was another artist a while back that pulled something similar to this. Can't remember who it was for the life of me though.

I don't remember the group's name, but it wasn't over slow response times. They didn't want people to be able to recreate their band members to play their songs. Because their lead singer was girl and apparently they weren't okay with the movements the player could make her do, cause some of those moves were ment for guys. ~_~

I've been punished for 'not attending' interviews with jobs because any correspondence got lost in the void of the Junk folder.
I'd imagine that happened.
It's nice to see that a domestic problem affects Ubisoft.

Chump change for Black Eyed Peas. Do we really need more dance/music rhythm games?

What the game is shouldn't be relevant. If it is as the main post stated, it's a breach of contract on BEP's part. I foresee them settling this out of court since 1 million dollars isn't worth months of headache and legal fees.

The Black Eyed Peas experience consists solely of looping, garbage beats boredly made by rich black dudes that haven't once read a book on good music, but have never produced it and a woman who likely does crack.

You too can have this on your iPad for only $4.95.

How do you do a dance game on an IOS? Is it like dance central in the arcades but with your thumbs?

There are so many dance games, from star wars to Micheal Jackson ... do we really need about a 1 hit wonder band that are struggling to stay popular, while some of the band members have broke off to do there own thing?

Was there even a big demand for this?

DugMachine:
Do we really need more dance/music rhythm games?

Yes....Yes, we do. We need more dance games with a Will smith song.

Actually, dance games are more fun when you're truly trying to look ridiculous. I danced the darth vader Start wars Kinect dance in front of one of my previous class rooms. It was one of the best gaming experiences eva.

omega 616:
How do you do a dance game on an IOS? Is it like dance central in the arcades but with your thumbs?

There are so many dance games, from star wars to Micheal Jackson ... do we really need about a 1 hit wonder band that are struggling to stay popular, while some of the band members have broke off to do there own thing?

Was there even a big demand for this?

This. Just this. Dance games on iOS? Seriously? Has it come to this? Has it come to this!?!

Random Argument Man:

DugMachine:
Do we really need more dance/music rhythm games?

Yes....Yes, we do. We need more dance games with a Will smith song.

Actually, dance games are more fun when you're truly trying to look ridiculous. I danced the darth vader Start wars Kinect dance in front of one of my previous class rooms. It was one of the best gaming experiences eva.

I'm not gonna lie, Just Dance games are pretty fun! And that Wild Wild West song looks fun to play lol

Timothy Chang:

... Part of that contract included a clause stating that BEP was required to approve anything that Ubisoft submitted to it "no later than...within ten (10) business days".

... After the November 2011 release of the console version of The Black Eyed Peas Experience, the developers began work porting the title over for iOS devices, and asked for approval from BEP since March of this year.

"At the time of BEP Music's breach of contract, Ubisoft had spent 181,000 Euros (approximately $233,000) in developing the IOS game," the court documents say. "As a direct and proximate result of BEP Music's breach of contract, Ubisoft has suffered damages in an amount in excess of $1,000,000, which not only includes Ubisoft's out-of-pocket development costs, but also the profits Ubisoft has lost and will continue to lose as a result of BEP Music's breach of contract."

Okay... So The Black Eyed Peas Experience gets release in November and then Ubisoft decides that it wants to port the game to iOS. Okay fair enough...

Ubisoft waits until March to ask BEP Music for Approval for an iOS port. 4 Months after development began. BEP Music failed to respond within their 10 Business day clause, so Ubisoft then asks again? and again? and again... Until I'm going to Assume this month to decide to sue for Breach of contract, (7 Months since first asking, 11 Months since Original Release, ~7 Months until planned release) and Assume that in that time continued development of the iOS port.

"At the time of BEP Music's breach of contract, Ubisoft had spent 181,000 Euros (approximately $233,000) in developing the IOS game,"

Okay, so reading that as, "By the time BEP Music failed to Respond to our first request for permission to make an iOS port, 4 months after development in said iOS port had already began, Ubisoft had already spent 181,000 Euros (approximately $233,000)"

I just don't get this... What would Ubisoft done had BEP Music actually responded and said No, you are not allowed to make an iOS port. Would they have taken that $233,000 loss with a blink of an eye... I doubt it.

Also rather then act on the breach as soon as it happened, they waited and probably continued to develop, and continued to spend money on the port, that they are going to look for as Damages in the law suit. ... I can't help but hope the Judge only gives them the initial loss at time of breach, if anything, for working on a game they didn't have permission to make.

and yet its another one of those where i wanth both parties to loose money. well atl east we should be glad the bad guys sue the s**t out of each other all the time.

Seems fair to me, I guess.

Mahorfeus:

Sylveria:
I think Ubisoft grossly overestimates how much money their iPad port was going to bring in.

Perhaps, but that's more or less irrelevant. There is always the matter of opportunity cost; there's nothing worse than wasting money on something that you can't follow through with.

And seeing the stuff that sells well nowadays, I wouldn't be surprised if Ubisoft raked in some dough from this. Some people actually like the Black Eyed Peas.

On a related note, there was another artist a while back that pulled something similar to this. Can't remember who it was for the life of me though.

Oddly enough, I had 68 copies of the Black Eyed Peas Experience for the Wii at work, we recently reduced it to $5.00 for a week in order to try and get rid of some of our overstock, we now have 65. I'm with the other guys, I think Ubisoft is grossly overestimating the demand for BEP (I totally just figured out what one half of the acronym in the company being sued stands for, go me!) related games.

 

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