News

Valve Sues Activision Over Sierra Monies

Valve and Activision are doing the legal two-step, with the former suing the latter over royalties from a 2002 lawsuit against Sierra.

On April 6th of this year, Valve was awarded a $US2,391,932 judgment against Activision as the result of a 2002 lawsuit against Sierra Online. The original lawsuit, which we reported on way back in 2004, involved Sierra distributing Valve software at cyber cafes, which led to Sierra preventing Valve from letting players unlock Half-Life 2 early. Speaking for gamers as a whole, Sierra totally deserved to lose if only for that fact. Having merged with Sierra parent Vivendi in 2008, Activision inherited the case and therefore the judgment.

They just don’t want to pay the whole thing.

Citing previous overpayments of $US424,136, Activision issued a check for $US1,967,796, which is the judgment minus the supposed overpayments. Valve, understandably unhappy about this, filed a lawsuit on Tuesday in order to secure the full amount.

According to the lawsuit, Valve claims that Activision informed them that they would not pay the full amount, and would counter-sue if Valve took them back to court. Now Valve has done just that.

Valve is seeking the full amount of the original judgment, as well as a court declaration stating that Activision cannot pursue additional compensation based on agreements that have long since been terminated.

Now we grab some popcorn, kick back, and wait for Activision to counter-sue. Good times.

It’s Ugly: Valve Sues Activision, Activision Threatens to Sue Valve [Game Politics]

Comments (AU Comments | US Comments)

  • ShirleyTemple

    I have a feeling we won't be seeing CoD MW2 on steam. All the same:

    KICK THEIR ASS, VALVE!

    ShirleyTemple

  • Placentasaurus

    WOO go Valve! Lay down the Smacktivision on Activision!

  • Hendrixx

    @I_Hate_This_Place: Ah, good point. Proof that Booby Kotick is indeed the God of Business.

    I hear Wall Street 2 is being made. Maybe Bobby can get a part!

  • jsparakov

    It's no biggy. These lawsuits are completely business oriented. Nothing personal is at play.

  • Mortav

    Valve ftw!

    Mortav

  • cinemandrew

    @Tuor_of_Gondolin: I'm guessing they're trying to say they overpaid for something else completely unrelated to this. I don't know what that would be, but that's the only way it would make sense. Otherwise they'd just be saying, "So, we're not gonna pay you the full amount because we already paid you too much, even though we didn't pay you yet." Maybe the execs at Activision are all amateur hypnotists, and they're looking for a challenge?

    cinemandrew

  • ReconToaster.

    I wonder what this means for all of the Activision games on Steam...

    ReconToaster.

  • francoamerica

    @I_Hate_This_Place:

    Wow, that's really eloquent and even reasonable.

  • Henkiebob

    @iamerror37: One Giant headcrab hat please.

  • ReconToaster.

    @BillyTheRatKing:

    no fat jokes please. He is a god.

    ReconToaster.

  • ReconToaster.

    @hardly_working:

    no

    ReconToaster.

  • cinemandrew

    @Ryguy226: I'd guess Activision was thinking that Valve would be threatened into submission by this, but yeah, it does kinda just come off as immature.

    cinemandrew

  • ATimson

    @Kitsune Sniper: In Activision's eyes, they did pay 2.3 million. $400K of that simply happened to be before the judgment was issued.

    ATimson

  • cinemandrew

    @excel_excel: I can't explain it. I have no idea why. But, yeah, it totally does.

    cinemandrew

  • roq

    I for one am glad Valve isn't taking this lying down. Fuck Activision.

    roq

  • enigma776

    Errr is this the same activision that now owns WoW? don't they have a license to print money 2million is nothing they get that back monthly from subscribers.

    enigma776

  • FreakyFavabean

    Well, since Valve is totally awesome, while Activision is pretty much the devil, I really hope that Valve wins.

  • Kitsune Sniper

    @Tuor_of_Gondolin: Thank you. I wish I could've said it as well as you did.

  • Tye-The-Czar

    Suck it down, Ko[D]ick! No... choke it down- or on it!
    You know you can't trust a CEO like him if his experience was in the Vomitrocious 4Kids.

    Tye-The-Czar

  • Kitsune Sniper

    @Theoutlet: Look. The original lawsuit said Sierra owed Valve 2.3 million dollars. Activision only paid 1.9 million dollars.

    Why are they claiming they overpaid them? The court ORDERED THEM to pay 2.3 mil. They have no excuse, they should've coughed up the full amount instead of claiming that bullshit.

  • AngerII

    @Kommissar Kayce: You forgot Team Fortress 2! Which, IMO, is the best multiplayer fps out there right now.

    AngerII

  • RockyRan

    @iamerror37: I'll take one!

    *Mortal Kombat techno starts playing*

    *Mortal Kombat voice*

    FIGHT!

    RockyRan

  • gordiehowe5

    @excel_excel: No.

    gordiehowe5

  • Kommissar Kayce

    @pressstart:

    I dunno about that. Myself, my friends, and about 99 percent of everyone who bought it, have probably replayed the same levels of Left 4 Dead about fifty times.

    Half Life 1 broke the mold for FPSes.

    Half Life 2 was a graphical and storytelling masterpiece in its day, even now.

    Portal won game of the year and innovation of the year left right and center.

    I don't think they're overrated at all. And this is coming from a guy who still hasn't finished HL 2, barely uses his PC for anything and whose favourite genre is RTS and RPG, something Valve don't do. So I be no fanboy, yar.

  • MurlocCake

    @pressstart: Their games are awesome, and definitely have replay value, especially in comparison to Activision.

  • ex_nihilo

    @pressstart: Yeah, screw Valve! I want my Guitar Hero: Gordon Lightfoot! After that, I want Tony Hawk's Geritol! Woohoo!

  • excel_excel

    @DaFox: Also fuck you!

  • excel_excel

    @DaFox:

  • thatcreepyguy

    @Hendrixx: I'd love to hire someone like you to work for me. That way when I decide to short your paycheck, you'll understand that you already have enough money in my eyes. I'll be happy and of course you will be very understanding.

    Seriously, submit that application today!

    thatcreepyguy

  • GreyFoxV1

    GAAAAAAAAAAAAAABE N

    GreyFoxV1

  • Tuor_of_Gondolin

    So, just how does Activision feel they "overpayed" Valve? They can't disagree with the amount they owe Valve because that was decided upon by the court. Also, they're not saying they overpayed Valve by giving them more than the stipulated amount, since the article says they're giving less than that.

    Seems to me that Activision is trying to squirm their way out of paying the amount the court previously determined they owe to Valve. I bet they're going to try to say that the criteria that went into how much they owe Valve was somehow wrong, and so they don't need to pay that much. If so, they're going to lose the lawsuit.

    Based on what little has been put out so far, I'd say Valve has got this in the bag. Activision is just wasting more money by bringing in the lawyers again.

  • thatcreepyguy

    @Theoutlet: Even if what Activision says is true this isn't the way to go about reclaiming those funds. Activision has a judgement against them that says they must pay X amount of dollars to Valve. Activision cannot just unilaterally decide that they overpaid Valve and will take that money out of the balanced owed. Do we really know for sure that Activision overpaid Valve in the past? Do we (and Valve) just take their word for it?

    If Activision truly paid Valve too much in the past then they need to get the lawyers together and settle it or go to court.

    I do find it a little suspicious that Activision decided to bring up the money now. These contracts are old and have been terminated, but now the overpaid money is important.

    thatcreepyguy

  • excel_excel

    @Servant_of_Jashin: Dunno....but there valve?

  • BillyTheRatKing

    Don't mess with Gabe Newell. He'll freakin' eat you!

  • Servant_of_Jashin

    @excel_excel: Wow That was a pretty moving comment.(the 1st comment anywaz)

    But how does Valve fighting Activision help my wallet?

    But i guess anybody willing to take money away for bobby k is doing mankind a service.

    Servant_of_Jashin

  • excel_excel

    @pressstart: So Screw Valve...cause they make good games?

  • Gorilla Snow is Maximum Risky

    @pressstart: The reason they're overrated is because they generally do more work on a single game than most devs do. Hard work with a coordinated team really shows on the final product.

    Oh, and why is it that there is always some one who must have their opinion known. No one asked for it.

  • jp182

    @I_Hate_This_Place: Very true! This is more about douche baggery.

  • ZenGaijin

    @Hendrixx: Fuck Activision

    I don't know anything about the case but based solely on the quality of games from the two companys Valve wins hands down.

  • wintersleep

    @pressstart:
    The flap of the propeller. They' the re to play has been this way over-estimated freaking to me. They make good game, but does not have BBQ OMG WTF times replay 5+.

  • roflwaffles learned to update hi

    @Chronixal:
    A few good games and fairly good customer relations is a bit of a understatement.
    Of course legally there is no difference, but its reasonable for people to support a company that has done their end of a deal more often than the one that hasn't.

  • roflwaffles learned to update hi

    @TheOmnitron:
    Betting V.

  • FeatherNET

    @pressstart: GASP

  • ADM86

    @I_Hate_This_Place:

    Go VALVE!

    ADM86

  • pressstart

    @DaFox: Screw Valve. They're games are so freaking overrated to me. They make good games, but not OMG WTF BBQ must replay 5+ times.

    pressstart

  • excel_excel

    @DaFox: Better than being a dick. ZING!

  • DollaBill

    bet V all

    DollaBill

  • DaFox

    @excel_excel: Only valve dick.

  • TheOmnitron

    Taking bets now, I got Valve at 2 to 1.

  • hardly_working

    Go Valve, get your money so you can make more awesome games. Maybe a new counterstrike for xbox 360???

    hardly_working

  • ninjadude14

    YOU CAN DO IT!!!!

  • Freyar

    @Theoutlet: That's the whole idea of legal work. Facts, not ideals.

    Despite my emotional rooting for ValvE, if the truth is that they've already been paid, one way or another, then ValvE ought to lose this one.

  • excel_excel

    @DaFox: You like sucking dick? oh word play. Somebody get this guy his own sitcom

  • The Forgetful Brain

    There's something really pathetic about seeing massive companies lawsuit each other to death over random monies. It's like watching a pair of sumo wrestlers go at it for the last bowl of soup.

    Nobody wins, not even the soup.

  • ex_nihilo

    After reading this article, I felt a pleasant warmth similar to what I get from my first glass of bourbon after work. Then I realized I had had an accident.

  • thecleverfoo1

    @[Dextr]: All in one lump sum!

  • DaFox

    @excel_excel: I like ducking sick too.

  • Gorilla Snow is Maximum Risky

    @excel_excel: HALLELUJAH!

  • Chronixal

    @Theoutlet: I'm glad someone said it. Making a few good games and having fairly good customer relations does not make them saviors. The company in the right should win, not those who're most popular.

    Thank god none of you are part of the legislature.

  • ChaderFry

    @excel_excel: True, they did make Left 4 Dead.

    ChaderFry

  • Cloral

    @Ryguy226: I remember as a child being told that when you get older you get more mature. I've come to believe that isn't true.

    Cloral

  • excel_excel

    @ChaderFry: Cause its Valve. AND THEY'RE AWESOME

  • TaylorEatWorld has become a Neve

    Go Valve?

    TaylorEatWorld has become a Never-nude!

  • ChaderFry

    Why can't video game company's work together like back in the old days! Why fight over shit like this and making them pay so much damn money because they did something wrong.

    ChaderFry

  • fataltrain

    @Sullyville: i 2nd this [=

  • Theoutlet

    Aww the company loyalties are really cute people (I have a couple) but don't just jump in and agree with Valve because you like them. If Activision is telling the truth about said overpayments than they're in the right in my eyes.

  • excel_excel

    @Kommissar Kayce: the light SHINES!!!

  • Ken

    @excel_excel: *nods* Feels good. Feels damn good.

    Ken

  • Kommissar Kayce

    @excel_excel:

    MOVIN ON UP

  • XxSnowblindxX

    good Ol' fashion bar brawl XD

  • excel_excel

    @incubushead: Damn right

    @Grinning Colossus: Valve could sue me and I'd still love them!....ok well maybe not....naw I'd still love them!

    @DaFox: CAN I GET AN ALLELUIA!!

  • I_Hate_This_Place

    @Hendrixx: The day a company decides it has enough money is the day that company dies, or at least ceases to be a company(barring non-profit companies). Not to excuse this blatant assholery by Activision, but a company having "enough money" has little to do with whats going on.

  • DaFox

    @excel_excel: AMEN!

  • Sullyville

    I want to see a photoshop of Valve as Dog about to hit Activision as one of the hunters.

    Sullyville

  • CANADIANSILV3R

    Ubisoft has a room filled with guys thinking of how to get involved in this...

  • [Dextr]

    It's my money, and I need it now!

  • Grinning Colossus

    @excel_excel: I got happy just seeing "Valve Sues" in the headline. Activision following just made it better.

  • incubushead

    @excel_excel: here here

  • Ryguy226

    Dear god, it's almost like imagining an adult talking to a child "I'm sorry, but I'm going to have to sue you" "Oh yea, well if you do that, I'm going to sue you too!"

  • iamerror37

    Woo! Go Valve! Smash Activision!

    Who wants to buy a Valve foam finger? Gordon Freeman jersey, anyone?

    iamerror37

  • excel_excel

    Awww doesn't it feel like even when Valve are fighting for money their owed it feels like their fighting for us all

  • Hendrixx

    For heaven's sake, Bobby Kotick! Doesn't your company have enough money as is... sheesh.

  • Theoutlet

    @cinemandrew: I seriously doubt they wouldn't have tried to pull this shit unless they had some sort of documentation for that overpayment. I believe this for two reasons:

    1) That's a very specific amount of money, and I highly doubt they're stupid enough to just pull that number out of the air.

    Addendum: I don't care to hear how you (Activision hater) think they are stupid enough to do such a thing because you don't like them. They're a fucking company not a cartoon villain.

    2) Let's be honest here, that much money is pittance to Activision and not enough to really warrant them the bad PR, and the legal headache, to try and "wiggle out of".

    Listen, I know you guys really, really hate Activision, and would blow Gage Newell if you could, but please try and be logical about this. Because in the end, all of this is speculation, but you have to use logic and the information given to us rather than make up whatever evil conspiracy fits your wet dreams.

  • Theoutlet

    @ReconToaster.: Lol. You guys and your worship of that arrogant fat bastard astound me.

  • Theoutlet

    @ATimson: Exactly, if they did get overpaid in the past Valve is just being greedy and trying to get extra money on a "technicality".

    Of course, Activision could be feeding us and Valve a load of shit, but that's not the point.

  • Theoutlet

    @thatcreepyguy: I do find it a little suspicious that Activision decided to bring up the money now.

    Do you expect to be privy to all inter-company dealings? If you do I find that shocking.

    Also, you seem to be a little confused because Activision is saying that they already paid x amount of dollars, just not in the way that Valve wants it. If Activision is to be believed than they are in the right.

  • Kitsune Sniper

    @ATimson: Well where's the proof? They can't just say they've paid without showing them proof of that.

  • cfive3

    @Hendrixx: Yes your honor, it's true-- this man.... HAS NO DICK!

    cfive3

  • panzerjedi

    Activision should just say no to Steam. =p

    panzerjedi

  • TrjnRabbit

    @CANADIANSILV3R:
    Lawyerz

    TrjnRabbit

  • -MasterDex-

    @excel_excel: Valve rock as devs but I wish someone would sue them for their european prices.

    -MasterDex-

  • liquidnumb

    @DollaBill: slap activision 100

    liquidnumb

  • Vecha

    @[Dextr]:

    Use it when you need it!

  • ctorrans

    Oh Sierra you little shit factory, why won't you just shut down forever?

    ctorrans

  • Vecha

    @Gorilla Snow is Maximum Risky:

    Is that why HL2 was ridden with bugs?

    All that hard work?

  • Grinning Colossus

    @ReconToaster.: *resists Buddah joke*

  • JSPOOLE

    activision has quite a lot of games I like (call of duty series, marvel ultimate alliance and im pretty sure prototype is gonna be amazing), but they are run by a complete douchebag and have done some of the shittiest things I can remember in the history of gaming, so them being sued is no bad thing in my books.

    The fact that it's valve, THE most fan friendly company in practically any buisiness, makes it sweeter.

    JSPOOLE

  • Firkraag

    @mergedwarrior:
    BOOMER! Activision is going down!

  • Nside

    @Gorilla Snow is Maximum Risky: Everyone in this post-tree has stated an opinion, you just don't want to hear his because it conflicts with your own.

    I'm not surprised to see all the Valve cheerleading in this topic. I am surprised how easily people ignore what's going on, and just root for whoever they like best. This is almost the exact OPPOSITE response to that Bethesda VS Interplay topic a couple weeks back. Even though both Valve and Bethesda had just as much right to sue as one another, Bethesda caught nothing but flak for their actions. Now Valve is being applauded? When Bethesda was Suing Interplay, people were calling it "frivolous" ... But people are practically screaming for more lawsuits against Activision?

    I just don't understand people sometimes... I guess it's just THAT cool to root for the underdog...

  • mergedwarrior

    @Henkiebob:

    They have headcrab hats you know.

  • mergedwarrior

    @Kommissar Kayce:

    Ya 'fogot to mention TF in it's revolutionary MP skillz yo.

  • Xusder

    @Theoutlet: Jesus man, whats with the Valve hate? Did Gabe Newell destroy your dreams of being a big ass rock god? Did he kill your dog? Was there no soup for you?

    I mean, Valve isn't all that's cracked up to be (I still like them, not fanatically of course), but really, what is your problem?

  • Xusder

    @TaylorEatWorld has become a Never-nude!: Don't bother. People will just jump on you for being a fanboy. Not worth the effort to get insulted.

    Just do what the Kotaku editors have done: Sit Back, Relax, and Watch the Fight...

  • Gorilla Snow is Maximum Risky

    @Vecha: I didn't find any. And that's 'cause I didn't try and just played the game.

    And by hard work, I don't mean bug squashing. I mean that their level and gameplay design is simply outstanding compared to other games. As an example, listen to some of the dev commentary to get a glimpse in to some of the things they did to make levels flow, or to make combat really burst. It's technical stuff if you've ever tried designing a game or a mod yourself.

  • Boudabras

    @Theoutlet: You forget the uneducated masses here don't use logic. They like witch hunts.

    Sierra was Vivendi owned when all this went down but yet like tards everyone jumps on the hate bandwagon.

    I wouldn't be surprised if the masses missed this sentence altogether. "Having merged with Sierra parent Vivendi in 2008, Activision inherited the case and therefore the judgment."

  • Altersparck

    @Hendrixx: What Kotick doesn't know is that no amount of money could ever cover up his creepy pedo smile. So on and on he goes, suing, hoping to one day be able to not creep out children of all ages.

  • bobafett356

    Am I alone in finding the word "monies" incredibly annoying?

  • Kytano-Skorpius

    @Grinning Colossus: Then allow me.

    @Recon Toaster: Buddha reborn?

  • Yoshiarecool

    @Henkiebob:

    crowbar buttscratcher please

    Yoshiarecool

  • akwinters

    Watch Activision's games start disappearing from Steam all of a sudden... :P

  • Vecha

    @Gorilla Snow is Maximum Risky:

    I didn't "try to find any"...they were there from the get go.

    Like the sound issues. I couldn't even play the game when it was first released.

    I'm just saying..they aren't the perfect 'God' developers.

  • 2c-b

    @Nside:For the jaded gamer critic, it's hard to fault Valve's products. Bethesda, on the other hand, copped a fair bit of flack from this group for butchering the beloved fallout into an elder scrolls game.

    2c-b

  • dd528

    @ctorrans: How the mighty have fallen, eh?

    dd528

  • dd528

    @enigma776: You can never have too many 2 millions of dollars.

    dd528

  • Gorilla Snow is Maximum Risky

    @Nside: In a thread of positivity towards someone, no one ever wants to hear of negativity. And we don't need it. The negative nancy who posts it doesn't need to either, but half the time they do it to stand out, hence my comment on my distaste towards his comment.
    Look, we just want Valve to win because they're nice people. I'm sure not many of us have looked at the case much, and that's why we're not on the jury. If a friend was being convicted of something or another, you wouldn't root for them?

    @Vecha: No they're not, even I know that. :P They're just among the top shelf of game developers, in my opinion of course.

  • Vecha

    @Xusder:

    Because witch hunts are bad.

  • Vecha

    @roflwaffles learned to update his screen name:

    what does that have to do with this case?

    Two words: Nothing!

    Ok that was one word...but point still standing!

  • Vecha

    @Gorilla Snow is Maximum Risky:

    No Company is your "friend"...sure they release alot of free map packs/add ons...but they are by no means our friend.

    I like valve as a developer...but I don't think they are any better than others Devs that I like.

  • Vecha

    @Vecha:

    "them" as in.....sue you...or me! OR your dog!

    It's their plan!

  • Vecha

    @Gorilla Snow is Maximum Risky:

    Yea I'll agree with that.

    Just throwing out some negativity to outweigh the worshipers out there who want valve to sue them.

  • Kortir

    Sadly, the real winners in this are the lawyers. It'll probably cost most of that 400k just to pay them for these legal battles.

    Kortir

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