Ex-Factor 5 employees suing

PostEx-Factor 5 employees suing by **Garth** » Wed Jun 17, 2009 11:20 pm

Ex-Factor 5 Employees Suing Bankrupt Company
Studio was secretly working on an all new Rogue Squadron Game for Wii.

Just months after the company filed for Chapter 7 bankruptcy and closed its doors, Factor 5, a San Rafael-based videogame studio, is now the subject of fraudulent activity.

A report by the Marin Independent Journal brings news that former employees of the studio have filed a lawsuit against the company and its founders for allegedly transferring assets to avoid paying it debtors during liquidation.

James Smith, a lawyer representing the employees, claims Factor 5 founders started a limited liability company called 'Blue Harvest' in which to transfer work completed on the Star Wars: Rogue Squadron game for the Nintendo Wii.

"We allege in the suit that Factor 5 and its three founders fraudulently transferred assets, including source code and other intellectual property to Blue Harvest, which is now known as White Harvest," said Smith.

"We believe and have alleged in the complaint that Factor 5 and White Harvest are essentially the same company, being run by the same people, being represented by the same sets of lawyers, with all the same management and ownership and control, performing all the same work that they were doing at Factor 5, just now with a new name and a new address," Smith added.

When Factor 5 filed for bankruptcy on May 13th, there was $50,000 to $100,000 in assets and between $1 million to $10 million in debts. There were also 69 claims for unpaid wages totaling more than $900,000.

Requests for comments sent to both parties were not returned in time for publish.

http://uk.wii.ign.com/articles/995/995726p1.html

Rogue Squadron Wii coulda been amazing.

Alvin Flummux wrote::o Rogue Squadron Wii coulda been amazing.

Stands a better chance now Factor 5 won't be doing it.

suzzopher wrote:
Alvin Flummux wrote::o Rogue Squadron Wii coulda been amazing.

Stands a better chance now Factor 5 won't be doing it.

If White Harvest is essentially Factor 5 under a new name and address, I fail to see your optimism.

PostRe: Ex-Factor 5 employees suing by **Oxx** » Wed Jun 17, 2009 11:50 pm

Everybody loves a good suin'.

Whatever happened to Denis Dyack vs Unreal Engine 3.0?

Oxx wrote:Everybody loves a good suin'.

Whatever happened to Denis Dyack vs Unreal Engine 3.0?

Dyacks arguments could be probable, but I think Epic is going to rape him. Dyacks engine looks so much like Unreal Engine 3, and Epic is accusing him and his team of reverse engineering their code.

$ilva $hadow wrote:
Oxx wrote:Everybody loves a good suin'.

Whatever happened to Denis Dyack vs Unreal Engine 3.0?

Dyacks arguments could be probable, but I think Epic is going to rape him. Dyacks engine looks so much like Unreal Engine 3, and Epic is accusing him and his team of reverse engineering their code.

What it looks like is largely irrelevant. You can't "see" code, and it's possible for two entirely different sets of code to have the same effect. The onscreen visuals are largely the work of the game artists, and the similarity is easily explained by the fact that they would have been originally been working with the intent of putting those assets in the unreal engine.

Oxx wrote:Everybody loves a good suin'.

Whatever happened to Denis Dyack vs Unreal Engine 3.0?

There was alot of talk about this case prior to Too Human's release, but after the less than enthusiastic repsonse to Too Human, everything suddenly went quiet about the case.

Good name! Blue Harvest was the codename for Return of the Jedi (the film crew wore T-shirts with the logo on!) that was used during production of the final film of the OT to prevent word of the shoot locations leaking out.

Blue Harvest was also the name of the thoroughly unfunny Family Guy piss take.

PostRe: Ex-Factor 5 employees suing by **Turok** » Thu Jun 18, 2009 6:04 pm

So will they release this Rogue Squadron game or not? They should make a Starfox game.

Ex-Factor 5 employees suing

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