16 Responses to “NovaLogic Inc vs Activision – March Update”

  1. Bible Man says:

    Wow, most of the people in this comments section don’t understand a thing about this lawsuit. Basically, Activision is trying to force Novalogic to settle. Nova demanded a *lot* of money, which everyone knew they wouldn’t get. That’s how these suits work. Basically, everyone knows that there was a copyright violation here, and Activision is ready to admit that. However, they want to avoid the bad publicity, as well as the legal fees for a full trial.

    Novalogic will get money from this, almost undoubtedly. The question is how much, and where will it go.

  2. Nicholas says:

    It does look as though Novalogic are going to lose…

    No doubt Activision will want millions in compensation, so I see the slow demise of Novalogic being sped up and brought forward…

    • Sliver of good new for NovaLogic in our latest story.

    • Ninjaman says:

      Activision cannot claim “compensation” if Novalogic lose the case, not without taking Nova to court themselves, wwhich would be a totally separate court case. If it worked like that no one would ever sue anyone if the could not guarentee 100% they would get a win. The usual scenario in cases like this is that Nova would have to pay Activisions legal costs for the case, thats about it.

      • Good point Ninja, and I like your take on the possible scenarios. I hope NovaLogic reinvests in themselves, staff, and getting a product on the marketing. Supporting the product, growing the community, getting trust back and moving forward for more golden years down the road.

  3. Kesha_F1 says:

    Hello, guys. I’m very sad your comments. I’m will still for the end NL days.

    I hope they can win and give us Angel Falls. :-\

  4. SuperSixFour says:

    so true. just look back to the first deltaforce movie lol, after this, not before, novalogic was making the game series including all details of this movie. so nova has no right to sue someone.

    was reading the pdf, and activision is right about books and more delta stuff. just for grabbing money here? mhhhh smells a bit. page 7 is here very important. thx for the update eddyman.

  5. Cangaroo.TNT says:

    “[L]argely defunct….” Ouch.

  6. Ninjaman says:

    Had a look through the motion (but am not a lawyer) and it seems to me Activision are looking to effectively stop the case in it’s tracks by arguing something along the lines of:

    “Novalogic don’t really make games any more so why are they complaining?

    ‘Delta Force’ images are all over the place as ‘everyone’ knows about ‘Delta Force’, even if there is no official US Army Unit.

    We do use a ‘Delta Force’ logo similar to that of the Nova trademark in bits of the game but we only use it in a few of the game missions and are using it in an ‘artistic’ manner, it’s not identical and we are not selling games on the basis of this. No one could possibly be confused between the Activision product and any Novalogic ones (if you can ever find them for sale in the shops)

    Because the ‘Delta Force’ type images are so widely reproduced all over the place, it seems to us (Activision) that Nova can’t claim Trademark rights over all of this stuff.

    When you add this to the fact we are using the image in an ‘artistic’ manner only, if this case goes ahead then the Court is saying that Activison cannot use a widely used, well known image in our game. This would infringe our rights under the First Amendment to the US Constituion (Freedom of Speech) which the court cannot allow, so throw the case out please.”

    Seems to me it all comes down to whether the judge decides to look at the case on a purely narrow “Trademark infringement only” basis, in which case the process will continue, of whether he looks at in in the broader sense as set out in the Activision motion.

    You have to wonder if Novas’ lawyers are working on a fee basis or a contingecy basis on this – are there a few people betting everything on a ‘pair of fives’ in this case in the hope of a very big Nova payday at the end of this? Looks like we will see on 15 April, if not before

    • GeRo- says:

      I agree with Ninjaman. This might look like this. Kinda interesting stuff right here. Thanks for posting S12!

      GeRo-

  7. Hibees says:

    Hopefully as there is a separate statement of Undisputed facts , that this is the ammunition that Nova have in their favour to allow a judgement for an early settlement to prevent having to go to full trial, thus enabling Nova to hopefully keep their word and start communicating with their fan base and telling us what the hell is going on with new titles , because it is there, and hopefully bring an end to the horrible NDA which they have been hiding behind for the last five years, One thing I do know for a fact is Punk-buster will not be used on new game, as its quite useless and only a short term fix , The ACP that will be used will be all singing all dancing and sort the poor people that have to download to even get on level terms with the games worst players, so roll on Angel Falls better late than never.

    • The separate statement of undisputed facts is all of Activision’s “facts & ammunition” against NovaLogic’s claims.

      • oldfox says:

        What do you think an out of court settlment or have activision
        got something up their sleeve ??;-)

        • Ninjaman says:

          Activision have played their trump card with this motion, if the judge agrees with it then essentially the Novalogics suit is dead in the water, there will be no trial or settlement for Nova.

          Only if the judge looks at it on a “Trademark for PC games” basis will the case go any further. As for a settlement, Nova have asked for huge amounts of money – they may well be prepared to settle for a much smaller amount.

          That then begs the question – what would happen to any settlement. Two possibilites as far as I can see:

          1) The money is used by Novalogic as a big cash injection to hire staff and sort out the new game engine and produce Angel Falls – gets Nova back on the rails agin as a viable company with a proper income stream coming from game.

          2) The owners of Nova say “This makes up for us not making any profits since DFX2 came out – this will do our bank balances some good” – they take the cash and leave Nova in the state it’s in at present, or even just pull the plug.

          Lets see if the Nova lawyers can keep this suit alive on April 15th before we worry about any settlements though……..

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