John Carmack is Suing Zenimax for $22.5 Million

John Carmack is Suing Zenimax for $22.5 Million

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id Software founder and Oculus CTO John Carmack is suing Zenimax for $22.5 million he claims is still owed from the company's purchase of id.

John Carmack and Zenimax have been in the news a lot of late. Zenimax was awarded $500 million in its lawsuit against Oculus VR in early February, a decision that Carmack took to Facebook to mock shortly thereafter. Zenimax issued a response to Carmack's comments, and then things went quiet, until yesterday.

The Dallas News reported yesterday that John Carmack has filed another lawsuit against Zenimax - this time in an effort to claim $22.5 million that he says the company owes him as a final payment from its purchase of id Software. Zenimax bought id - the company Carmack co-founded in 1991 - in 2009 for $150 million.

Carmack's complaint says that Zenimax will "soon be obligated to play Plaintiff John Carmack more than $45 million in cash under the terms of the Asset Purchase Agreement and a Convertible Promissory Note by which Zenimax bought the assets of id Software in 2009." It also says that, "Zenimax clearly doesn't want to pay...Zenimax is already in breach of the Asset Purchase Agreement and Convertible Promissory Note."

The suit goes on to explain that Carmack had the option of converting the money he was owed into shares of Zenimax common stock, an option he says he exercised on Feb. 16, 2017. He further claims that he offered to sell those shares back to Zenimax at the $45 pre share put option price. That didn't happen, the suit says, because, "ZeniMax failed to issue any shares of stock in response to Mr. Carmack's conversion notice, depriving him of the ability to either sell the shares or exercise the put option when it ripens later this year." The complaint's closing says in part, "Now that the final installment of that bill is coming due, ZeniMax is simply refusing to pay. But sour grapes is not an affirmative defense to breach of contract." You can read the entire complaint here.

Predictably, Zenimax has responded. In a statement given to Upload VR, the company said,

"We have reviewed John Carmack's latest legal complaint which is completely without merit. We note that this is Mr. Carmack's second complaint against ZeniMax. In the recently completed trial of ZeniMax Media Inc. et al v Oculus VR et al, in which Mr. Carmack was a named Defendant, and in which ZeniMax was awarded $500 million in damages for misappropriation of its intellectual property, Carmack had counterclaimed, seeking damages for ZeniMax's alleged violations of his employment agreement.

"The jury flatly rejected Mr. Carmack's complaint, and found for ZeniMax. Mr. Carmack was personally found guilty by the jury of the theft of ZeniMax's property, including thousands of confidential ZeniMax documents he secretly took when he quit his employment, and his theft of the entire source code to id's latest game, RAGE, including the id tech 5 engine.

"In addition to those crimes, it was revealed by an independent court-appointed computer forensics expert, that upon receiving notice of the Oculus lawsuit, the files on Mr. Carmack's Oculus computer were intentionally wiped-destroying the evidence, and that a sworn affidavit Carmack filed with the Court denying the wiping was false. The wiping occurred right after Mr. Carmack researched on Google how to wipe a hard drive. And there was much more.

"Apparently lacking in remorse, and disregarding the evidence of his many faithless acts and violations of law, Mr. Carmack has decided to try again. We look forward to presenting our response to Mr. Carmack's latest allegations in Court."

Aside from this new legal drama, there's still the question of whether Oculus plans to appeal the $500 million verdict issued against it in February. Not only that, but there is still the looming possibility that Zenimax could seek an injunction to halt sales of the Oculus Rift until the offending code is removed. It looks like we're in for another legal battle in Texas.

If you want to follow along, the case number is 3:17-cv-00661-B in the United States District Court, Northern District of Texas, Dallas Division. You can find it on PacerMonitor here.

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I have to say I find the statement by ZeniMax quite entertaining because for the most part it ignores the current lawsuit and distracts by reciting events from an entirely unrelated lawsuit.

Not to mention it seems wrong.
Oculus was not found guilty of misappropriation of trademark secrets but of a NDA breach and Carmack himself was actually not found guilty of theft and is not liable to any damage at all.

WTH?

Did I miss something or did their response not say anything about the validity of the claim itself? It just sounded like they are saying that he's in the wrong here because he was found wrong in an unrelated case.

Such a massive, messed up clusterfuck. With Carmack's response to being found a thief in a court of civil law, this very much seems a big fuck you to Zenimax from him.

Though he might have a point and a legal case, it seems Zenimax is using the Oculus lawsuit as a means to not pay him.

Now it comes into if this reaches court and how their arguments play out. I kinda expect Zenimax to use the Oculus lawsuit as a means of Carmack breaking contract and the final payment he's supposed to receive going to the $500 million Zenimax will receive.

I see the clown of Carmack is back again! Whew, this should be good. How did those hard-drive wipes go for you John? Scumbag.

Setch Dreskar:
I see the clown of Carmack is back again! Whew, this should be good. How did those hard-drive wipes go for you John? Scumbag.

That's the most absurd part of the Zenimax claim. John Carmack knows how to wipe a hard drive without having to search for instructions. That claim makes it clear that Zenimax is just grasping at straws.

insanelich:

Setch Dreskar:
I see the clown of Carmack is back again! Whew, this should be good. How did those hard-drive wipes go for you John? Scumbag.

That's the most absurd part of the Zenimax claim. John Carmack knows how to wipe a hard drive without having to search for instructions. That claim makes it clear that Zenimax is just grasping at straws.

The claim was rather specific though. I would assume that kind of detail is easy to verify by checking Carmack's search history, which is either stored locally or logged to his gmail account.

Solkard:

insanelich:

Setch Dreskar:
I see the clown of Carmack is back again! Whew, this should be good. How did those hard-drive wipes go for you John? Scumbag.

That's the most absurd part of the Zenimax claim. John Carmack knows how to wipe a hard drive without having to search for instructions. That claim makes it clear that Zenimax is just grasping at straws.

The claim was rather specific though. I would assume that kind of detail is easy to verify by checking Carmack's search history, which is either stored locally or logged to his gmail account.

It's still absurd. Every techie knows how to effectively delete a hard drive: fuck the damn thing with a jackhammer. They claim that "93% of the hard drive was erased". Why this specific percentage? If you erase you erase the whole damn thing, otherwise there will definitely be data left. This is bogus over bogus, and it is continued in the current statement cited in this article. They are only referring to the Occulus case, seemingly in an attempt to distract from Carmack's claims. I don't know if Carmack has a claim in this case, but this reeks of the usual ZeniMax legal bullshittery once again. I hope there will be a competent jury when the Occulus case goes into revision, and justice will finally be served.

fractal_butterfly:

Solkard:

insanelich:

That's the most absurd part of the Zenimax claim. John Carmack knows how to wipe a hard drive without having to search for instructions. That claim makes it clear that Zenimax is just grasping at straws.

The claim was rather specific though. I would assume that kind of detail is easy to verify by checking Carmack's search history, which is either stored locally or logged to his gmail account.

It's still absurd. Every techie knows how to effectively delete a hard drive: fuck the damn thing with a jackhammer. They claim that "93% of the hard drive was erased". Why this specific percentage? If you erase you erase the whole damn thing, otherwise there will definitely be data left. This is bogus over bogus, and it is continued in the current statement cited in this article. They are only referring to the Occulus case, seemingly in an attempt to distract from Carmack's claims. I don't know if Carmack has a claim in this case, but this reeks of the usual ZeniMax legal bullshittery once again. I hope there will be a competent jury when the Occulus case goes into revision, and justice will finally be served.

Still sounds like you're arguing details that could easily be verified. Having actual records that he looked it up is proof that he didn't know what "every techie knows". If you ever work in IT for a tech company, you'd quickly find out that tech people don't always know all the tech they work with. The amount of support issues that can be resolved with, "you have to plug it in" is hilarious. How do you wipe part of the drive? Just delete things like normal and then use "file shredding" software to make sure the things you deleted can't be recovered.

Solkard:

fractal_butterfly:

Solkard:

The claim was rather specific though. I would assume that kind of detail is easy to verify by checking Carmack's search history, which is either stored locally or logged to his gmail account.

It's still absurd. Every techie knows how to effectively delete a hard drive: fuck the damn thing with a jackhammer. They claim that "93% of the hard drive was erased". Why this specific percentage? If you erase you erase the whole damn thing, otherwise there will definitely be data left. This is bogus over bogus, and it is continued in the current statement cited in this article. They are only referring to the Occulus case, seemingly in an attempt to distract from Carmack's claims. I don't know if Carmack has a claim in this case, but this reeks of the usual ZeniMax legal bullshittery once again. I hope there will be a competent jury when the Occulus case goes into revision, and justice will finally be served.

Still sounds like you're arguing details that could easily be verified. Having actual records that he looked it up is proof that he didn't know what "every techie knows". If you ever work in IT for a tech company, you'd quickly find out that tech people don't always know all the tech they work with. The amount of support issues that can be resolved with, "you have to plug it in" is hilarious. How do you wipe part of the drive? Just delete things like normal and then use "file shredding" software to make sure the things you deleted can't be recovered.

Or maybe the drive was just new and had 93% zeroed out space. It's a more likely call than *fucking Carmack* not knowing how to erase a drive offhand, given his literal decades of experience.

Zenimax apparently got nothing when they have to resort to this much irrelevant bullshit.

The only place that "independent court-appointed computer forensics expert" belongs is a Scooby-Doo episode. It's a ludicrous failure from anyone working in IT to go on record with such blatant bullshit.

So yeah Zenimax is attacking Carmack's character, addressing nothing relevant to the case, making ridiculous claims and interpretations of the situation (I won't say facts)... they're about as good at keeping their claims believable as they are at keeping their games patched. They do make up some hilarious lines though.

*Holds up a Doom flag*

Go, Carmack!

Okay, everybody, place your bets. Where's this one going?

FalloutJack:
Okay, everybody, place your bets. Where's this one going?

A lot of lawyers are going to make a lot of money. Everyone else is f'd.

insanelich:

Solkard:

fractal_butterfly:

It's still absurd. Every techie knows how to effectively delete a hard drive: fuck the damn thing with a jackhammer. They claim that "93% of the hard drive was erased". Why this specific percentage? If you erase you erase the whole damn thing, otherwise there will definitely be data left. This is bogus over bogus, and it is continued in the current statement cited in this article. They are only referring to the Occulus case, seemingly in an attempt to distract from Carmack's claims. I don't know if Carmack has a claim in this case, but this reeks of the usual ZeniMax legal bullshittery once again. I hope there will be a competent jury when the Occulus case goes into revision, and justice will finally be served.

Still sounds like you're arguing details that could easily be verified. Having actual records that he looked it up is proof that he didn't know what "every techie knows". If you ever work in IT for a tech company, you'd quickly find out that tech people don't always know all the tech they work with. The amount of support issues that can be resolved with, "you have to plug it in" is hilarious. How do you wipe part of the drive? Just delete things like normal and then use "file shredding" software to make sure the things you deleted can't be recovered.

Or maybe the drive was just new and had 93% zeroed out space. It's a more likely call than *fucking Carmack* not knowing how to erase a drive offhand, given his literal decades of experience.

Zenimax apparently got nothing when they have to resort to this much irrelevant bullshit.

The only place that "independent court-appointed computer forensics expert" belongs is a Scooby-Doo episode. It's a ludicrous failure from anyone working in IT to go on record with such blatant bullshit.

So yeah Zenimax is attacking Carmack's character, addressing nothing relevant to the case, making ridiculous claims and interpretations of the situation (I won't say facts)... they're about as good at keeping their claims believable as they are at keeping their games patched. They do make up some hilarious lines though.

People actually arguing about whether John Carmack knew how to wipe a drive? You're kidding, right? He went from pretty much rocket science into pioneering in programming graphics engines, and people believe he needed to Google how to wipe a drive. This is the basest, ridiculous claim to be included. Even if the rest were completely true, credibility crumbles from the inside when you present an argument as this such as "evidence".

What is absolutely evident is that people are salty and don't want to give him another cent, whether it's owed or not. The claims that he committed theft of IP is a much bigger issue, one as big as the whole Oculus code misuse in the first place. They should be investigating that, rather than simply figuring out whether they owe him money or not, which is a much more open and shut case.

Pyrian:

FalloutJack:
Okay, everybody, place your bets. Where's this one going?

A lot of lawyers are going to make a lot of money. Everyone else is f'd.

Lawyers making money would be the safe bet, but I think the stakes are a bit high for the other thing. But hey, it's your money.

Solkard:

fractal_butterfly:

Solkard:

The claim was rather specific though. I would assume that kind of detail is easy to verify by checking Carmack's search history, which is either stored locally or logged to his gmail account.

It's still absurd. Every techie knows how to effectively delete a hard drive: fuck the damn thing with a jackhammer. They claim that "93% of the hard drive was erased". Why this specific percentage? If you erase you erase the whole damn thing, otherwise there will definitely be data left. This is bogus over bogus, and it is continued in the current statement cited in this article. They are only referring to the Occulus case, seemingly in an attempt to distract from Carmack's claims. I don't know if Carmack has a claim in this case, but this reeks of the usual ZeniMax legal bullshittery once again. I hope there will be a competent jury when the Occulus case goes into revision, and justice will finally be served.

Still sounds like you're arguing details that could easily be verified. Having actual records that he looked it up is proof that he didn't know what "every techie knows". If you ever work in IT for a tech company, you'd quickly find out that tech people don't always know all the tech they work with. The amount of support issues that can be resolved with, "you have to plug it in" is hilarious. How do you wipe part of the drive? Just delete things like normal and then use "file shredding" software to make sure the things you deleted can't be recovered.

Nobody ever saw that "proof". We only have the allegations of ZeniMax. Carmack denies the validity of those statements. We have no access to what actually happened in court and what allegations are actually true. So it boils down to who you trust more. Given John Carmacks track record of inventing new technology and given ZeniMax's douchebaggery in regards to legal claims I can only be on Carmacks side.
Additionally, I hate this argument "Have you ever worked with IT in a tech company". Carmack isn't just an IT guy. The man is a certified genius. He invented big parts of what is used today in 3D rendering. He is not only a programmer, he is an information scientist. He builds rockets. In his free time. For fun. Do you know, what kind of Math, Physics, Applied Material Sciences, Engineering and various other fields you have to master to build rockets? This guy knows his stuff. Because he invented it.

fractal_butterfly:
He builds rockets. In his free time. For fun. Do you know, what kind of Math, Physics, Applied Material Sciences, Engineering and various other fields you have to master to build rockets?

I believe they call that Rocket Science, sir. He doesn't have to be a Rocket Scientist, but it appears he IS one.

Hmmm... who do i believe? Rocket science guy that helped make modern gaming what it is today.... or a soulless corporation whose hell bend on destroying said rocket scientists career?

ANYONE who thinks Carmack (a guy who knows rocket science, who has done more for the game industry in his first 5 years than Zenimax will ever do in its lifetime) doesn't know how to erase a goddamn hard drive without googling is a dumbass. A complete and utter DUMBASS.

And second, anyone who actually believes anything Zenimax says after what they did to Human Head Studios should stop and think about their life choices.

Honestly, I don't give a spam. Sure, Carmack, go nuts.

 

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