Writer's Lawsuit, Threat to Delay Assassin's Creed III Release Not Likely

Writer's Lawsuit, Threat to Delay Assassin's Creed III Release Not Likely

  • By: CM Boots-Faubert
  • Posted 20th Apr 2012

Assassin's Creed III

The gaming world is buzzing with news of a lawsuit against Ubisoft and its Assassin's Creed game series, with claims by an attorney for a writer who says Ubisoft may have borrowed his story for the main plot and technology it used for one of its video game series' -- part of the plot for the upcoming and much anticipated 9th game in the series, Assassin's Creed III, including the suggestion in a press release today that "a court-ordered injunction could derail that release."

While there is no official reaction from Ubisoft at this juncture -- calls to the gaming company for comment were not returned this afternoon -- it appears that while the lawsuit filed by American writer and research engineer John L. Beiswenger may have some PR impact on the highly anticipated next game in the Assassin's Creed Series, Assassin's Creed III, it is not likely to result in an injunction delaying the release of the game.



". . .the lawsuit filed by American writer and research engineer John L. Beiswenger
may have some PR impact on the highly anticipated next game in the Assassin's
Creed Series, Assassin's Creed III, it is not likely to result in an injunction
delaying the release of the game."




A lawsuit filed on behalf of writer Beiswenger by The Keller Law Firm, LLC against Ubisoft and Gametrailers alleges that the storyline for the popular Assassin's Creed video game franchise features many similarities to a 2003 novel written by Beiswenger called "LINK" that he feels are similar to the events and the plot contained in the video games.

Assassin's Creed III, which is scheduled for release this October, is expected to be the most popular game in the series, and it is already predicted to break pre-order records set previously by Assassin's Creed: Revelations. The Assassin's Creed series is without question one of the most profitable series of games published by Ubisoft, and enjoys a worldwide following.

The world of the Assassin's Creed game series
is a brilliant mixture of historical fact and fantasy...


Where there is smoke...
According to a press release issued by Jennifer Cohen, President of Something Creative LLC, a PR and Marketing firm employed by the The Keller Law Firm, the release of Assassin's Creed III may be delayed because part of the process for obtaining the damages Beiswenger wants the two companies to pay him could include enforcing the court-ordered injunction to prevent the release of the game on time that the suit demands, though our legal experts disagree, pointing out flaws in what appears to be more of a PR campaign than an actual threat to the game's release date.

"The information that gamers are angry and that the game may see its release blocked is not coming from the court, it is coming from the PR firm that has been employed by the attorney that is representing the writer; and while it is certainly understandable that the attorney may want to generate buzz on behalf of their client and the case," says LA-based IP Attorney William Carter, "It is not likely that the court will entertain the notion that there are grounds to issue an injunction to prevent the release of the game."

"An injunction is intended to maintain the status quo; courts generally go through a balancing process on how clear the case is, based on the merits," explained Yale Lewis, an attorney and IP expert with the Seattle, Washington IP law firm Hendricks & Lewis. "It would be something that council and courts would consider, but one of the issues would be delay. The delay (in this case five years) of a certain number of years would cut against an injunction.



COMMENTS