Acti ordered to return Scratch code to Genius

By Patrick Garratt, Tuesday, 21 April 2009 06:00 GMT

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Activision has been ordered to return code for Scratch: The Ultimate DJ to developer Genius.

The ruling came as part of the same hearing that said last week that there “no evidence of wrongdoing” on the part of Activision in the case.

“There is evidence that…7 Studios has a duty to return the work product, source code, and software of the plaintiff [Genius],” said the judge in the hearing, as reported by Gamespot.

The judge added, talking to Activision’s lawyer: “It is actually very straightforward. They hired you. They have terminated the deal. Their agreement requires return of materials. No matter how you slice this banana, they are entitled to the work product back. I don’t know why your client would want to continue working on a project for which they have been terminated.”

Why indeed. The judge wrapped things up in an apparently testy manner.

“You [Activision] turn over the source code, and then if you want it back, you can argue on May 6th as to why you should get it back. I can’t under any circumstance think why you would be entitled to keep the source code.”

And added: “Show me anywhere where you can refuse to turn over source code because it incorporates your pre-existing tools and technology. … They can use it for any purpose. It is theirs. It belongs to them. They paid $6 million for it. I’m done.”

The complaint against Activision and 7 Studios alleges that the companies conspired to withhold and delay the release of Scratch: The Ultimate DJ.

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