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Microsoft made out like a bandit on the Immersion rumble debacle photo

There's a lot of legal babble here, but I'll try to break it down:

Back in 2003, Immersion sued both Microsoft and Sony for the use of rumble in their controllers, as they originally held the patent for the technology. From this lawsuit, Microsoft was ordered to pay Immersion $26 million. Ouch.

However, being the sly bastards that they are, MS included a clause that required Immersion to pay them a portion of any money obtained from Sony as part of additional litigation.

Later, Sony was ordered to pay Immersion $90 million over the suit. Double Ouch. Microsoft was not paid per that earlier agreement, so they sued Immersion. 

Finally, Immersion settled out by paying 20.75 million to Microsoft. 

The end result? Microsoft made out like a bandit, paying in a little over $5 million for the use of rumble in their controllers. Poor Sony has to pay so much more. 

[Via GamesIndustry.biz]








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Dale North is Destructoid's Editor-In-Chief, a founding editor, and specialist in Japanese gaming. An accomplished musician, Dale was reporting from Japan during the earthquakes of 2011. Luckily, he got the fuck out alive and is home in America now with his wife and beloved corgi, Einstein. Dale is also a co-founder of Destructoid's sister anime site Japanator. Likes Corgis, Sega Saturn, PSP, iPhone, Photographic tools. Meet the rest of the team



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27 comments | showing # 1 to 27
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commish's Avatar - Comment posted on 08/27/2008 12:38
commish
Hot Piss! Those M$ lawyers are crafty
Max Power's Avatar - Comment posted on 08/27/2008 12:47
Max Power
"I am above the law!"

michiyoyoshiku's Avatar - Comment posted on 08/27/2008 12:56
michiyoyoshiku
Fuck you we'll buy you out-Microsoft during any litigation with a company much smaller than they are.

Which of course is almost every company on Earth.
ShinAmano's Avatar - Comment posted on 08/27/2008 12:59
ShinAmano
Cracks me up...ahhh nice to be rich.
Gameboi's Avatar - Comment posted on 08/27/2008 13:02
Gameboi
Downright amazing that they were able to pull this one off. The lawyers for Sony should be greatly embarrassed over this one.
vexed alex's Avatar - Comment posted on 08/27/2008 13:12
vexed alex
Burn.
Aurvant's Avatar - Comment posted on 08/27/2008 13:14
Aurvant
@Gameboi - Spoken words who obviously doesn't know the whole story. "Giant corporate lawyers" can't really do anything if the patent holder has proof that they created the technology first and had implemented it in the market before. Immersion wasn't some patent squatter; they actually used and incorporated the technology in to products they were trying to sell.

The only thing that's embarrassing is the fact that no one tried to call shenanigans on the Microsoft side when they were trying to put in clauses to reap benefits from further litigation (which, I should point out, is just fucking dirty money) and other legal matters.

Even more amazing still will be the fact that after things such as this people will still try to defend Microsoft when someone calls them lying crooked thieves.
thisissami's Avatar - Comment posted on 08/27/2008 13:18
thisissami
@gameboi

the immersion lawyers should be much more embarrassed...
Blind assassin's Avatar - Comment posted on 08/27/2008 13:20
Blind assassin
They technically didn't make out like bandits since they did lose the initial law suit and still had to pay money after winning the other. It really did quite a bit for defraying their costs and further screwing Sony though.

Although, I have no idea how they could have made it seem legitimate to be reaping direct monetary benefit by action against Sony.
0bshaky's Avatar - Comment posted on 08/27/2008 13:23
0bshaky
LOL!!! So Micro$hit put a clause to fuck Sony over the rumble feature... HAHAHAAHA!!!!

Now I can see a difference between American and Japanese corporations
VisMortua's Avatar - Comment posted on 08/27/2008 13:27
VisMortua
No, they DID make out like bandits, genius. They've lost a drop in the bucket to them. I say way to go, this just proves MS isn't fucking stupid when it comes to money. Immersion's lawyers are the stupid ones for agreeing to the clause.
BluFire's Avatar - Comment posted on 08/27/2008 13:27
BluFire
Damn, that was a bitchslap to Sony. I guess Sony had to pay more since they've had more consoles and therefore more rumble?
TurboSpaz's Avatar - Comment posted on 08/27/2008 13:28
TurboSpaz
LOL, awesome.
Gong's Avatar - Comment posted on 08/27/2008 13:57
Gong
Niiiice. That's some legal brilliance right there.
Blue Ryd3r's Avatar - Comment posted on 08/27/2008 14:32
Blue Ryd3r
How the hell does something like that even work out? At what point does Immersion go: "What? Give you some of the money that we get from Sony...OK that sounds like a cool deal"
Or did Microsoft just slip it in all sly like, tiny print around the border of the contract like in The Santa Clause.
And what ballsy mother fucker even comes up with that kind of plan. I'm going to try something like this some day, if I ever get the chance. If you can get away with it why not?
Danmartigan's Avatar - Comment posted on 08/27/2008 14:43
Danmartigan
You know, rumble is not worth 90 million dollars. It's ok for certain games I guess, but I turn it off most of the time to save batteries. *shakes head*
necrozen's Avatar - Comment posted on 08/27/2008 15:28
necrozen
and THAT is why I don't deal with microsoft

it can be hard to avoid them, but with a little effort you too can fuck microsoft the same way that they fuck so many others on a regular basis
TheDreadHawk's Avatar - Comment posted on 08/27/2008 15:29
TheDreadHawk
I lol'd at the shit storm.
MechaMonkey's Avatar - Comment posted on 08/27/2008 15:56
MechaMonkey
Why is Microsoft taking heat for this? While it is dirty and sly, the morons at Immersion agreed to it. More power to Microsoft's lawyers for being better at their job.
d0x's Avatar - Comment posted on 08/27/2008 15:56
d0x
@ Aurvantoid

The reason Microsoft put the clause in there was because Immersion was demanding more than what Microsoft really owed them. MS paid the "fine" to Immersion, licensed the technology legally and then infused the company with some Microsoft money (bought private shares) with the stipulation that if Sony ends up settling with Immersion and licensing the tech then MS would get their money back. That all happened by Immersion decided to keep the cash infusion which rightfully pissed MS off so they sued to get their money.

It had nothing to do with being sneaky sly lawyers, it was an agreement that Immersion made in order to get extra cash, it worked out in their benefit but then THEY violated the deal and had to be sued.

To simplify think of the whole thing as a loan that Immersion decided it didnt need to pay back.
Turbostraw's Avatar - Comment posted on 08/27/2008 16:06
Turbostraw
Uh,

Its probable that Microsoft accepted to pay Immersion a lower sum of money quickly (26M) so that it would create a legal precedent binding Sony.

The initial lawsuit was so ridiculous that Sony and Microsoft could have fought it easily.

I don't understand why people here say Immersion lawyers were stupid: they never would have been able to sue Sony for this much without precedent. The agreement with Microsoft stated that if Sony was sued for more than a 100 million dollars (compared to the 26 m Microsoft paid), Immersion would pay back a minimum of 15 million.

Basically:
-Immersion: bastards who are now 100 M rich without actually doing anything.
-Microsoft: encourages bastards.
-Sony: got screwed.

In the end its our money (the customers) that finances these lawsuits...

...and you know. I would rather see my money being spent on great ideas.
Blind assassin's Avatar - Comment posted on 08/27/2008 16:57
Blind assassin
@VisMoruta

Thank you for complimenting my intelligence but you're failing to realise that Microsoft lost $5 million dollars in the transaction. If I knocked over a liquor store, scored $500 and forgot my wallet with $600 in it but managed to evade capture I'd feel like an idiot but I'd also feel lucky to have evaded the worst possible scenario. That's what happened with Microsoft. $5 million isn't going to ruin their quarter (or even their month) but it's still significant.
TrailerParkJesus's Avatar - Comment posted on 08/27/2008 18:26
TrailerParkJesus
lol of the day
Davoidbot's Avatar - Comment posted on 08/27/2008 22:15
Davoidbot
I swear, I think Microsoft is secretly run by Skeletor.
glentennis's Avatar - Comment posted on 08/28/2008 01:19
glentennis
now use that money to aquire a good second party studio like so many of sony's
DemonEyes23's Avatar - Comment posted on 08/29/2008 19:37
DemonEyes23
isn't this old news?
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