To help understand the
$100 million
lawsuit Ragnarok Game filed against Human Head Studio, Bethesda Softworks,
and ZeniMax over
Rune II,
PC Gamer spoke with lawyer Kellen Voyer, who is not involved with the case
(thanks Neutronbeam). They asked Kellen to explain how this could be worth $100 million and the
likelihood the plaintiffs will prevail. Here's what he said:
"When the
defendants have deep pockets, it makes complete sense to seek a large amount as
damages," Voyer wrote in an email. "The fact that they are seeking damages of
$100 million is just an ask—real payout depends on the jury finding in their
favour and agreeing with the damage amount sought. Plus, any damage award that
large would likely be challenged on appeal. Many cases ultimately don’t go to
trial so seeking a large amount for damages provides a good starting point for a
settlement, which would most likely be a smaller amount.
"The claim that Rune 2 was a 'threat to Skyrim franchise' adds to the claim's
narrative by providing an underlying motive for all the other alleged conduct.
Why go through the alleged plotting and planning, prior to release, and the very
real risk of a lawsuit (as seen here) just to acquire a development team unless
there’s a material benefit to Bethesda, beyond just the team? Most defunct
studios are not of significant value to justify structuring the purchase in a
way so as to risk an expensive lawsuit, regardless of the merits of that suit.
Ultimately, it's this alleged motive that the claim uses to explain this
conduct."