Judge Orders 7 Studios to Give Scratch DJ the Source Code
08 Mai 2009 - 2:00PM
Business Wire
Scratch DJ Game LLC, a joint venture between Genius Products,
LLC (�Genius�) and Numark Industries LLC (�Numark�), announced
today that the Los Angeles County Superior Court (�the Court�) has
granted it a preliminary injunction in its lawsuit against
Activision Publishing, Inc., a subsidiary of Activision Blizzard,
Inc. (NASDAQ:ATVI) (�Activision�), and California 7 Studios (�7
Studios�) and former owner and president, Lewis Peterson.
The judge, following his issuance of a Temporary Restraining
Order in favor of Scratch, on May 7, 2009 further granted a
preliminary injunction against Activision�s subsidiary, 7 Studios,
and ordered the turnover of all Work Product associated with
Scratch � The Ultimate DJ game (�Scratch�), including all source
code, work-in-progress and all Developer�s Pre-Existing Tool and
Technology, including the source code to 7 Studio�s game engine.
The Judge further confirmed in his injunction order that both 7
Studios and its new parent company Activision continue to be
�walled off� from disclosing any aspect of the Scratch game or
technology with each other or with any third party. The Court�s
actions on May 7, 2009 dealt with the final materials relating to
the game�s development that the defendant was still withholding,
including the source code to 7 Studios� game engine and other
Developer�s Pre-Existing Tools and Technology.
Activision bought financially distressed 7 Studios, which was a
contract �work for hire� developer for Scratch � The Ultimate DJ
game, after Scratch refused to sell Scratch - The Ultimate DJ to
Activision in March. Thereafter, 7 Studios, under Activision�s
control, refused to turn over the Scratch game code and attempted
to prevent Scratch from obtaining the source code for the game
engine. The Court found that Scratch has established a material
breach of its Developer Agreement by 7 Studios and ordered that 7
Studios must turnover to Scratch all source code to the game engine
and all other Developer�s Pre-Existing Tools and Technology.
Jack O�Donnell, Manager of Scratch and Chief Executive Officer
of Numark, stated, �We are very excited to finish Scratch � The
Ultimate DJ. We hope that this clear victory ends the delay tactics
employed by the defendants to date to stop our game from being
completed and brought to market. We will continue to vigorously
pursue our damages case against Activision, 7 Studios and Peterson
resulting from their actions to delay and take over the Scratch
game. With the injunction order, we will also now be able to move
forward to complete and launch our much anticipated Scratch
game.�
About Genius Products
Genius Products, Inc. (GNPR.PK) is the owner of Genius Products,
LLC, a leading independent home-entertainment distribution company
that produces licenses and distributes a valuable library of motion
pictures, television programming, family, lifestyle and trend
entertainment on DVD and other emerging platforms through its
expansive network of retailers throughout the U.S.
About Numark Industries
Numark Industries is the global leader of professional DJ and
audio equipment, and is known for providing progressive
breakthrough technology. Since 1971, Numark has designed and
delivered hundreds of innovative DJ products, resulting in numerous
music industry "firsts�. Today, the company is at the forefront of
the digital DJ revolution, and is recognized for creating the best
hardware controllers for professional and semi-professional DJ
software in the industry. The team at Numark, under its Ion Audio
division, has also enjoyed success in developing music gaming
peripherals, having produced and distributed the award-winning Drum
Rocker, the Premium Drum Set Controller for the Rock Band music
game franchise. For more information, visit www.numark.com; images
are available at http://www.numark.com/media.
Safe Harbor Statement
Except for historical matters contained herein, the matters
discussed in this press release are forward-looking statements. The
forward-looking statements reflect assumptions and involve risks
and uncertainties that may affect Genius Products' business,
forecasts, projections and prospects, and cause actual results to
differ materially from those in these forward-looking statements.
These forward-looking statements may include, but are not limited
to, the anticipated outcome of the litigation described herein and
the anticipated release and/or success of the Scratch videogame.
Other such risks and uncertainties include the matters described in
Genius Products' filings with the Securities and Exchange
Commission. Genius Products assumes no obligation to update any
forward-looking statements to reflect events or circumstances after
the date of this press release.
Genius Products (CE) (USOTC:GNPR)
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