Popcap loses lawsuit to Mumbo Jumbo

Discussion in 'Indie Business' started by MerscomMan, Jan 25, 2010.

  1. MerscomMan

    MerscomMan
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  2. Julio Gorge

    Julio Gorge
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    Mumbo Jumbo is surely gaining their share of bad press lately. First they got Codeminion's Stoneloops pulled from the App Store because it was selling better than Luxor, and now this.
     
  3. MerscomMan

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    I think they are happy about this one. Most people, myself included, thought that they were the ones who breached Popcap's contract. It shows they were in the right and it was Popcap that acted illegally.
     
  4. Pogacha

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    I don't know about the case at all but I'm sure a court veredict doesn't proves anything.
     
  5. Karima

    Karima
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  6. Applewood

    Applewood
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    A court verdict in most countries is the actual definition of "proven". It certainly works for me.


    proven
    - 4 dictionary results
    prove
       /pruv/ Show Spelled [proov] Show IPA verb, proved, proved or prov·en, prov·ing.
    –verb (used with object)
    1.
    to establish the truth or genuineness of, as by evidence or argument: to prove one's claim.
    2.
    Law . to establish the authenticity or validity of.
     
  7. Pogacha

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    In a lawsuit, the parts talk about winning and losing and very little about building consensus against the truth and researching justice.

    http://www.breitbart.com/article.php?id=070628135531.31cukrus&show_article=1

    Suppose the numbers are exaggerated as much as you want ... but you as a rational being must know that a prove (and even more in a legal procedure) needs to go further than any reasonable doubt. The information we have up to here actually doesn't prove anything. It is not I'm defending any of them. My only point is I won't take a court verdict, with as little information about the case as we have, to make any judgment.

    It might be that way or not so much, I have no idea. The court verdict just give me a hint.

    I'm sorry If I couldn't explain myself.
     
  8. TimS

    TimS
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    MerscomMan,

    Reading that article... and further reading the document posted by Karima...

    cripes. I hope I never have a company that big. I can't tell from the outside who is in the wrong... but there's $5 million worth of ugly being thrown around, and I'd hate to be in the middle of that fight.

    Thanks for the news... this is the first I've heard of it.
     
  9. tolik

    tolik
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    I wonder if MerscomMan will change his nick to MerscomPlaydomDisneyMan now?
     
  10. cyodine

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    Was the distribution contract MumboJumbo had non-exclusive?

    Also, my understanding of many businesses is that they tend to be cut-throat. Going behind their back to secure a better deal may be slightly dishonorable, but it happens so often, I don't see it being illegal. I mean should Facebook sue Zynga for leaving to go to Google?

    Anybody can sue.. and if you have good enough lawyers you can sweet talk your way to any victory. A jury is a just a group of people taken off the street. Their verdict doesn't really prove anything.. In the jury selection process, any juror showing an inkling of intelligence usually gets booted off by a lawyer on at least one of the sides. It's happened to people I know who went to jury selection, and they were exceptionally intelligent. They'd have one of the lawyers nodding their head yes in approval to what they say while the other side's one would start to frown; Every other juror who just shrugged their shoulders and repeated what the juror before them stated would get selected. There's a reason some lawyers are "good" and reknowned for winning, and it's not because the side they represent is always in the right.

    In reality, I don't know enough about the details to know if I agree with the verdict or not, yet I didn't really care for Mumbo Jumbo yanking Stone Loops off the app store (though I never heard Mumbo Jumbo's side of the story there either.) Maybe they like playing hardball and making the best use of the assets they have.. with assets being really slick lawyers. And right and wrong is so arbitrary as far as the legal system is concerned. Fortunately, my brother is going into law. I need to convince him to focus on IP law ;)
     
  11. Hosebomber

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    This means that MumboJumbo tried to make PopCap pay for the cost of the litigation (attorney fees) and place that money in a securities bond along with the amount of money that it did win. On appeal, PopCap won the argument and does not have to pay the additional $2,148,948. This is because, those fees where not written into the initial contract as cost that will be associated with a breach of contract.

    Nothing directly states that in anything I could find but the fact that it was unanimous against PopCap makes it seem that way. Likewise, they were found guilty of fraud and intentionally damaging a business relationship.

    The statement: "Central to proving that portion of the case were PopCap's own internal e-mail messages, which showed the company employed a calculated use of false and misleading statements in order to sour that business relationship." Doesn't bode well for them from a legal perspective or a business one either. This is something I personally would look into if I was going to do business with a company.

    Moral of the story: Make sure you hire a GOOD attorney to look over all contracts and contract negotiations... it can cost/save/get you millions in the end if everything doesn't work out as planned.
     

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