PopCap loses another $2.7m to MumboJumbo
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Despite PopCap's claim to appeal the original ruling of the lawsuit between it and MumboJumbo, a judge has awarded another $2.7 million to MumboJumbo citing "legal fees," according to Develop. 193rd Civil District Court Judge Carl Ginsberg ruled earlier this week that PopCap would be burdened with the amount (which includes $525,000 in "post-verdict appeals"), making the total sum that MumboJumbo receives $7.3 million.
The case originally derived from an alleged breach of contract on PopCap's part regarding the right to sell its own games in North America -- in so many words, the lawsuit found that PopCap had illegally broken an agreement with MumboJumbo and sold/marketed said games in NA (those monsters!). That said, the agreement was for MumboJumbo to handle that sales/marketing, thus making PopCap in breach of contract in doing so. Sound confusing? It's business, folks. We're right there with you.
Reader Comments (15)
Posted: Feb 4th 2010 9:05PM Alan Smithee said
This sounds like a bunch of legal...
*sunglasses*
Mumbo Jumbo.
Reply
*sunglasses*
Mumbo Jumbo.
Posted: Feb 4th 2010 9:45PM freaparn said
Not exactly... they sold the distribution rights to MumboJumbo, ("whereby MumboJumbo would produce, distribute and sell certain PopCap games in North America") then decided to turn around and sell the titles on their own... effectively entering into direct competition with their own publisher. I assume this may have something to do with PopCap titles on Steam or being sold through their website, but I'm not really interested enough to go digging.
If they're cutting out the middleman they had an agreement with, it's a violation of contract. Pretty cut and dry, and it looks like the courts agree.
Reply
If they're cutting out the middleman they had an agreement with, it's a violation of contract. Pretty cut and dry, and it looks like the courts agree.
Posted: Feb 4th 2010 11:59PM SheppyReturns said
pretty much what freeparn said. So let's remove Popcap and Mumbo Jumbo and take it directly to a metaphor people could understand... Microsoft and Gears of War.
Microsoft, as the publisher, has exclusive distribution rights to Gears of War 1&2 (presumably 3). So Microsoft has the rights to digitally distribute, publish and ship, and in general they have the exclusive publishing rights for it. Epic, despite deving Gears of War, signed away the rights to distribute these games. Many reasons for it. Epic won't have to front the capital for materials, spend the money to advertise, and in general, Epic has nowhere near the reach or distribution partners as Microsoft does. But Epic does it anyway. So Microsoft and Epic both launch their own packages of the exact same game on launch day. Market confusion ensues, consumers get pissed off, and Microsoft essentially paid millions of dollars to their competition.
That's what the Mumbo Jumbo vs PopCap thing is. PopCap didn't have the distribution channels and signed a deal with Mumbo Jumbo who did. Meanwhile high level emails revealed an intention to deceive Mumbo Jumbo and use the money from MJ to finance their own publishing and distribution. It's not a matter of who made what, it's a matter of PopCap being paid by MJ as a publisher to distribute these games exclusively and PopCap going back on that contract, keeping the money, and competing with the financers of their distribution.
Reply
Microsoft, as the publisher, has exclusive distribution rights to Gears of War 1&2 (presumably 3). So Microsoft has the rights to digitally distribute, publish and ship, and in general they have the exclusive publishing rights for it. Epic, despite deving Gears of War, signed away the rights to distribute these games. Many reasons for it. Epic won't have to front the capital for materials, spend the money to advertise, and in general, Epic has nowhere near the reach or distribution partners as Microsoft does. But Epic does it anyway. So Microsoft and Epic both launch their own packages of the exact same game on launch day. Market confusion ensues, consumers get pissed off, and Microsoft essentially paid millions of dollars to their competition.
That's what the Mumbo Jumbo vs PopCap thing is. PopCap didn't have the distribution channels and signed a deal with Mumbo Jumbo who did. Meanwhile high level emails revealed an intention to deceive Mumbo Jumbo and use the money from MJ to finance their own publishing and distribution. It's not a matter of who made what, it's a matter of PopCap being paid by MJ as a publisher to distribute these games exclusively and PopCap going back on that contract, keeping the money, and competing with the financers of their distribution.
Posted: Feb 5th 2010 12:42AM Morisato13 said
"So let's remove Popcap and Mumbo Jumbo and take it directly to a metaphor people could understand... Microsoft and Gears of War."
I think you complicated it more than simplified it.
Basically... Person A makes a game and says Person B is the only one who can sell it. Person A then turns around and sells the game himself. Now Person A and Person B are competing with itself over the same game sales. Simple as that.
Reply
I think you complicated it more than simplified it.
Basically... Person A makes a game and says Person B is the only one who can sell it. Person A then turns around and sells the game himself. Now Person A and Person B are competing with itself over the same game sales. Simple as that.
Posted: Feb 4th 2010 9:38PM (Unverified) said
Mumbo Jumbo is scum!
http://www.gamasutra.com/view/news/25875/MumboJumbo_Responds_To_StoneLoops_Vs_Luxor_iPhone_Game_Controversy.php
Reply
http://www.gamasutra.com/view/news/25875/MumboJumbo_Responds_To_StoneLoops_Vs_Luxor_iPhone_Game_Controversy.php
Posted: Feb 5th 2010 12:14AM darthnilloc said
You mean Peggle 3?
I guess Nights wasn't particularly impressive but I think it was supposed to be a sequel.
Reply
I guess Nights wasn't particularly impressive but I think it was supposed to be a sequel.
Posted: Feb 4th 2010 11:28PM (Unverified) said
Eh. I always thought Mumbo was an a$$. Banjo was my favorite. Kazooie following in a close second. :)
Reply
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