Get Up And Dance Makers Sue Ubisoft

October 12, 2011

OG International Ltd and O-Games Inc. filed a complaint for a declaratory judgment against Ubisoft Entertainment S.A. and Ubisoft, Inc. on Oct. 7, 2011, in the Northern District of California related to its upcoming dance rhythm game, Get Up and Dance. The companies are looking for the court to give them a declaratory judgment saying that the game "does not infringe upon any copyright or trade dress rights embodied in Ubisoft's Just Dance video games, and that OG International's development, publication and sale of Get Up And Dance did not and does not constitute unfair competition under federal and California state laws."

Get Up And Dance is set to be released in the United States on Nov. 8, and in the United Kingdom on Nov. 4 for Wii and PlayStation Move.

"Get Up And Dance is a creative, innovative and fun dance and fitness game," said Jim Scott, CEO of OG International Ltd. "We have a great product with strong unique features like Group Mode, which allows dancers to dance and score together in their own dance group. We are disappointed that Ubisoft has made unjustified accusations about our game and forced us to file a complaint."

OG International Ltd is the parent company of O-Games Inc., which is the North American subsidiary of the game publishing company. Get Up And Dance is developed by Gusto Games and is rated T for Teen by the Entertainment Software Rating Board (ESRB).

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Comments

Re: Get Up And Dance Makers Sue Ubisoft

Submitted by MechaTama31 on Wed, 10/12/2011 - 11:02.

So... They are preemptively suing Ubisoft to prevent Ubisoft from suing them for copying Just Dance? Have I got that right?

Re: Get Up And Dance Makers Sue Ubisoft

Submitted by lordlundar on Wed, 10/12/2011 - 11:06.

Looks that way. Basically getting a judge to say "no you can't sue them because it's already been determined that what they're doing is legal".

Interesting tactic, though one that throws a lot of suspicion on OG and O-Games.

Re: Get Up And Dance Makers Sue Ubisoft

Submitted by Grif on Wed, 10/12/2011 - 14:52.

It's not so much pre-emptively suing Ubisoft, It's preventative action, since apparently Ubisoft has already made accusations, but haven't yet taken legal action.

Atlanta Video Games Examiner for examiner.com

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Andrew Eisen: Okay, fixed. For really reals this time!06/19/2013 - 12:42am

Sleaker: @AE The actual link to the pay what you want is www.indiegamestand.com not desura. You seem to infer where it's at but never posted a link.06/19/2013 - 12:01am

Andrew Eisen: LEGO: The Movie! www.youtube.com/watch?v=lPnY2NjSjrg06/18/2013 - 9:39pm

Zen: http://www.airforcetimes.com/article/20130614/OFFDUTY02/306140030/New-Xbox-sin-against-all-service-members-06/18/2013 - 7:33pm

Zen: Been out for a few days, but has anyone brought up the possible ban on Xbox One on military bases because of security concerns that it could be a listening device by Commanders?06/18/2013 - 7:33pm

Andrew Eisen: Sleaker - Fixed.06/18/2013 - 6:34pm

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james_fudge: With MS willing to share with the government, an always listening device should give everyone pause.06/18/2013 - 1:37pm

james_fudge: you can't turn off the Microphone on the Kinect and it has to be plugged in. It's not rocket science.06/18/2013 - 1:35pm

E. Zachary Knight: The Humble Bundle Guys just don't like me having money in my pocket do they? https://www.humblebundle.com/06/18/2013 - 1:12pm

E. Zachary Knight: CMiner, I know that my Android camera is off unless I am using an application that turns it on. Same with the microphone.06/18/2013 - 12:38pm

CMiner: Can you turn off the camera on an iPhone? Like, -really- turn it off, not just change a setting that -tells- you the camera is off?06/18/2013 - 12:13pm

james_fudge: when they make it a requirement, yes they are06/18/2013 - 12:10pm

CMiner: I just don't think Microsoft bears any more (or less) responsibility for privacy with its Kinect camera than do the makers of laptops or smartphones with integrated cameras.06/18/2013 - 12:00pm

Imautobot: The ability to operate the console without the camera is key. It's a peripheral, not directly integrated into the console, and yet it behaves as if it is. Thankfully I don't have kids, and won't have an Xbone either.06/18/2013 - 11:49am

CMiner: Oh, I agree that the decision to make the kinect mandatory/always listening is terrible.06/18/2013 - 11:48am

E. Zachary Knight: CMiner, and the easier the provider makes to do such things, the better. The fact that the XBone will not even funtion without it plugged in and turned on in some fashion makes a world of difference from a PC Webcam.06/18/2013 - 11:38am

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