Ubisoft in legal battle with Black Eyed Peas
Claims group failed to meet contractual obligations over iOS game
Ubisoft is suing the Black Eyed Peas after the group's representatives failed to respond to the submission of an iOS game which Ubisoft had produced under the terms of the contract which spawned the Black Eyed Peas Experience on the Wii.
According to Courthouse News, Ubisoft had "entered into a license agreement ('the Contract'), pursuant to which BEP Music licensed to Ubisoft the exclusive, worldwide right to use, among other things, the names and likenesses of a music group and its members ... to develop, produce, and distribute a video game ... on all existing and future handheld and home consoles and IOS platforms, including the iPhone and iPad."
A later clause in the agreement says that BEP Music, the group representing the band, would respond to the submission of any game within ten days to approve or request changes to the product. When Ubisoft submitted an iOS game to the group in March no response was forthcoming, and hasn't been since, so the publisher is taking the band to court.
"Since March 2012, and despite Ubisoft's repeated requests, BEP Music has breached the contract by failing and refusing to either approve or disapprove the IOS game in writing or otherwise," reads the publisher's claim.
"Ubisoft has performed all of the obligations required of it under the contract, except as those obligations that have been excused by BEP Music's conduct or by operation of law.
"At the time of BEP Music's breach of contract, Ubisoft had spent 181,000 Euros (approximately $233,000) in developing the IOS game.
"As a direct and proximate result of BEP Music's breach of contract, Ubisoft has suffered damages in an amount in excess of $1,000,000, which not only includes Ubisoft's out-of-pocket development costs, but also the profits Ubisoft has lost and will continue to lose as a result of BEP Music's breach of contract."
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