Snail Games reveals in recent lawsuit filings.
The ongoing lawsuit between Snail Games and Angela Game continues to go on like the Energizer Bunny or Celine Dion’s heart. When last we left our fighters, Snail Games and Angela Game had settled on a neutral expert, and it was none other than internet celebrity Bob Zeidman. Zeidman’s job is to compare the code between Ark: Survival Evolved and Myth of Empires and make a neutral ruling on whether or not he believes the code was stolen, and to what extent. He isn’t awarding the victory, just providing evidence that will be used in trial.
Assuming that trial ever starts. You see back in February Angela Game has been fighting for some time now to have the DMCA lifted and be allowed to sell Myth of Empires on Steam while the lawsuit continues. They have had no luck. While Myth of Empires is available on their website, Angela Game has claimed that without the kind of Steam revenue they’d been receiving, the company could go insolvent. And that appears to be the case.
According to a recent filing by Snail Games, they revealed that a recent decision to delay Bob Zeidman’s analysis of the code was out of “professional courtesy” to the legal representation for Angela Game. Apparently the company has no money, and may soon no longer be able to pay their lawyers.
Snail Games has asked the court to recognize the claims of financial woes as the complete bullcrap that Snail Games seems to think they are. After all, as the claim notes, why hasn’t Angela Game ever provided evidence of these financial issues? The notice accuses Angela Game of lying in order to delay or derail the prolonged lawsuit at no cost to itself.
Color us skeptical. Angela has claimed for months that it is in a financial bind because non-party Valve Corporation chose to cease selling Angela’s infringing Myth of Empires video game in response to SWC’s DMCA notice, and despite Angela’s counternotice. Yet Angela has never furnished any evidence to support that assertion. Meanwhile, Angela has been offering Myth of Empires for sale on its own website. See, e.g., Dkt. 41-36 (image capture of Angela’s web page selling the game by direct download). Given Angela’s six-month record of unending tactics to forestall the neutral code comparison, summarized below, this latest development appears timed to again delay, if not derail, the reckoning Angela surely knows is coming, without any cost to Angela.
As Snail Games notes, Angela Game has repeatedly delayed the process and refused to cooperate. And if you recall, Angela Game was the one that filed the lawsuit! They’re the ones that sued to have the judge declare Myth of Empires as non-infringing, and now according to Snail Games’ filing they are the ones holding up the exact judgment they demanded.
Snail Games continues with quite a burn.
Ironically, Angela has likely spent more on attorneys’ fees to oppose and stymie the code review than it will spend on the code review itself. If Angela is running low on cash, its litigation tactics are substantially to blame.
So there you have it. Plenty of drama, finger pointing, and the kind of stuff that makes for a good story. The legal docs as usual have been purchased and made available for your viewing. Check out the link below.
Source: Google Drive