Wade Callender v. Randall Pitchford II and Gearbox Software (2018) -

[Sheryl Nome]

Hey, there's been a lot of filings in this case, most of them have been boring procedural shit. To be short and frank, Randy and Gearbox have been engaging in significant discovery abuse, and even filed an interlocutory appeal over, the trial court abusing its discretion, which was denied.

Callendar has filed for sanctions and to hold Gearbox in contempt of court. The document is attached

It is 550 pages. There are many exhibits. I'm sure there's some spice in there.

 

[Wilhelm Bittrich]

Hey, there's been a lot of filings in this case, most of them have been boring procedural shit. To be short and frank, Randy and Gearbox have been engaging in significant discovery abuse, and even filed an interlocutory appeal over, the trial court abusing its discretion, which was denied.

Callendar has filed for sanctions and to hold Gearbox in contempt of court. The document is attached

It is 550 pages. There are many exhibits. I'm sure there's some spice in there.

Bitchford and Gearbox pulling shady shit in court, color me surprised.

 

[DragoonSierra]

Hey, there's been a lot of filings in this case, most of them have been boring procedural shit. To be short and frank, Randy and Gearbox have been engaging in significant discovery abuse, and even filed an interlocutory appeal over, the trial court abusing its discretion, which was denied.

Callendar has filed for sanctions and to hold Gearbox in contempt of court. The document is attached

It is 550 pages. There are many exhibits. I'm sure there's some spice in there.

Has anyone looked through this?

 

[Sheryl Nome]

Has anyone looked through this?

I'd say no and fuck I don't got that much time

 

[fat ugly sped]

I'd say no and fuck I don't got that much time

I looked through it because of literal insomnia and that shit almost cured it. There's basically nothing in there except lists of what documents and interrogatories they asked, the vast swathes of objections made, the transcript of their phone call to a judge to sort shit out in the middle of the deposition, and one set of emails between the defendants and Dallas Morning News at the very end. There's also a section they redacted out of the filing wholesale and will put in front of an actual judge (exhibit K iirc), that's where all the likely juicy shit is. I believe it's alleged by the plaintiffs to be credit card statements improperly redacted heavily by the defendants (they redacted it to conform with discovery objections, those rejections got overruled, so they're required to provide un-redacted copies of these and haven't done so).

It was a lot of very brief skimming so I may have missed shit, but the only thing that might even be at all useful is the deposition telephone hearing transcript (unlikely) and the Dallas Morning News emails (also unlikely).

(Oh, and the judge was definitely not happy about having to handle discovery shit while literally in the middle of a trial, so that might be indicative of future action? Also explicitly threatened to sanction the defendants later when they figure out that they actually have responding documents)

 

[DragoonSierra]

(Oh, and the judge was definitely not happy about having to handle discovery shit while literally in the middle of a trial, so that might be indicative of future action? Also explicitly threatened to sanction the defendants later when they figure out that they actually have responding documents)

Care to elaborate on that more? Youre saying the lawyers had the documents and were withholding them?

 

[fat ugly sped]

Care to elaborate on that more? Youre saying the lawyers had the documents and were withholding them?

this is the section I was talking about for the judge being really unhappy, you can reference the page number to get more context

but the tl;dr is that Gearbox's lawyers were being like "uhh, I don't know if we can get emails our Lawyers sent in January of this year" and so Callender's lawyers are like "really, please explain it to the judge" who was basically "I ain't got time for this shit, if you can't get them then you can't get them and I have to take you at your word because that's how the process goes, buuuuut basically you're going to get sanctions when you do produce them and worse sanctions if you're being little shits and don't and we find out you're lying about what's going on, so pick your poison here"

 

[1Tonka_Truck]

one set of emails between the defendants and Dallas Morning News

I'm shocked, shocked to find that name involved in another DFW legal-shit-flinging contest.

 

[Gehenna]

this is the section I was talking about for the judge being really unhappy, you can reference the page number to get more context

but the tl;dr is that Gearbox's lawyers were being like "uhh, I don't know if we can get emails our Lawyers sent in January of this year" and so Callender's lawyers are like "really, please explain it to the judge" who was basically "I ain't got time for this shit, if you can't get them then you can't get them and I have to take you at your word because that's how the process goes, buuuuut basically you're going to get sanctions when you do produce them and worse sanctions if you're being little shits and don't and we find out you're lying about what's going on, so pick your poison here"

This kinda stuff makes me happy I jumped into the law side of the Farms.

 

[mr.moon1488]

"Ironically, many of them reveal just how stupid Randy might be. Namely that he gives away company money in zero interest loans to personal friends and doesn't get them in writing. A bunch of it."

That sounds more suspicious than stupid to me. Quite often, giving out money at a high risk to yourself implies A: You're being blackmailed, or B: You're desperately trying to buy some favor.

 

[DragoonSierra]

I dunno if this should go here but I think its relevant. Apparently Claptraps voice actor isnt the only one not getting paid. Good job Randy.

https://www.pcgamer.com/duke-nukem-3d-composer-sues-randy-pitchford-gearbox-and-valve/

Spoiler: Article

Duke Nukem 3D composer sues Randy Pitchford, Gearbox and Valve
By Samuel Horti 3 days ago
Bobby Prince claims his music was used in Duke Nukem 3D: 20th Anniversary World Tour without permission.

• COMMENTS

(Image credit: Gearbox Publishing)

Composer Bobby Prince, who wrote music for Doom, Doom 2, Wolfenstein 3D and Duke Nukem 3D, has filed a lawsuit against Gearbox Software, the company's chief executive Randy Pitchford, and Valve, claiming that his music was used in 2016 shooter Duke Nukem 3D: 20th Anniversary World Tour without his permission, and without him receiving compensation.

In a document submitted to U.S. District Court — Eastern District of Tennessee, Prince's attorneys described how 16 songs he wrote were used in 1996 shooter Duke Nukem 3D under an agreement with developer Apogee. "Apogee had a limited right to use Mr. Prince’s music in Duke Nukem 3D in exchange for a royalty equal to $1 per unit sold," they said. Prince had registered the copyrights for the songs.

Gearbox Software purchased certain rights to the Duke Nukem games from Apogee in 2010. Prince claimed the company went on to use his music in Duke Nukem 3D: 20th Anniversary World Tour, the 2016 update to the shooter, without his permission. "The electronic files for the music within Duke Nukem 3D World Tour include text specifically stating that Mr Prince owns the copyright to the music and has reserved all rights to the music’s use," the court document read. "Yet Gearbox incorporated the music into the game without ever contacting Mr Prince and without clearing the rights expressly mentioned in the electronic files."

Furthermore, Prince claimed he contacted Randy Pitchford requesting royalties for the music in the 2016 game, and was told he would be "taken care of", but never received any money. Pitchford also "refused to remove the music from the game", Prince's attorneys said.
Prince also contacted Valve, he claimed, regarding the distribution of the game on Steam. "Valve ignored a takedown notice, thus waiving any immunity under the Digital Millennium Copyright Act, and continued distributing infringing copies of the music despite knowing that Mr Prince owned the copyrights in the music," the document reads.

Gearbox Software, Gearbox Publishing, Randy Pitchford and Valve have been given 21 days to respond to the summons.

 

[Sheryl Nome]

It looks like this lawsuit has been settled

Gearbox Software CEO "Exonerated" After Lengthy Legal Battle

Randy Pitchford was sued by former Gearbox legal counsel in December, kicking off a months-long string of suits that came to a close on Thursday.

www.hollywoodreporter.com

I'll note that despite the claims of Randy that he is 'Exonerated', the lawsuit suspiciously settled right before Randy and Gearbox would have had to undergo discovery by Callender after motions to compel, which really just

Makes ya think, doesn't it.

 

[fat ugly sped]

It looks like this lawsuit has been settled

Gearbox Software CEO "Exonerated" After Lengthy Legal Battle

Randy Pitchford was sued by former Gearbox legal counsel in December, kicking off a months-long string of suits that came to a close on Thursday.

www.hollywoodreporter.com

I'll note that despite the claims of Randy that he is 'Exonerated', the lawsuit suspiciously settled right before Randy and Gearbox would have had to undergo discovery by Callender after motions to compel, which really just

Makes ya think, doesn't it.

Yeah, it reads like they did the math that paying Callender off in settlement is cheaper than getting sanctioned by the judge for discovery abuse.

 

[Sheryl Nome]

Yeah, it reads like they did the math that paying Callender off in settlement is cheaper than getting sanctioned by the judge for discovery abuse.

And you know, getting their shit exposed by discovery

 

[DragoonSierra]

Is there a normal Randy thread? He seems to get himself into legal trouble often

 

[Sheryl Nome]

Linked in the OP

 

[Slimy Time]

Linked in the OP

Thanks for keeping it updated, even if there wasn't too much interaction.

 

[Shaka Brah]

I wonder if Randy will ever get needled hard enough that he snaps and talks about the settlement. If he had to pay it would be a real sore point for him, and if he won the money he'll be really smug.