A judge has denied Zynga’s motion to dismiss a case brought on by SocialApps, who claims the Facebook gaming giant stole their code in the development of FarmVille. The code was apparently also used for other Ville titles as well, claims SocialApps.
The suit, filed last June, alleges that Zynga used SocialApps’ code and other information to develop the massively popular FarmVille. After the game became such a success, Zynga refused to acknowledge that they had taken the code, and would not compensate SocialApps for such use; all this after Zynga had attempted to buy out the smaller studio back in 2008.
Zynga of course, says otherwise, and moved to dismiss the case. US District Court Judge Yvonne Gonzalez Rogers has in fact granted a motion to dismiss SocialApps’ CUTSA violation claim, but has allowed for the rest of the suit to move forward. The ruling noted that images and features present in SocialApps’ title MyFarm were not present in FarmVille.
"The allegations here are sufficient to allege conduct beyond a mere breach of the terms of the agreement, which would support a claim for tort damages," said Rogers in her statement.
SocialApps is currently seeking a permanent injunction, statutory and punitive damages as well as a share of profits gleaned from FarmVille. The smaller studio will also seek to have all attorneys’ fees paid for as well.
SocialApps feels strongly that the case will be successful, even with one claim dismissed. Counsel for SocialApps believes that the damages will be ‘astronomical’ as proceedings begin.
[via Law.com]
