This litigation involves the operators of two websites dedicated to cheat codes and game hints. In essence, David Allison, who has filed suit against a number of individuals and entities, filed suit against Jeremy Wise for alleged copyright infringement. Specifically, David Allison claimed he authored all of the cheat codes and game hints on his website www.cheatcc.com and further claimed that Jeremy Wise, operator of www.cheatmasters.com, infringed David Allison's registered copyright of the cheat codes for which he claims authorship.
Of course, a number of issues arise immediately with respect to claims involving cheat codes. To begin with, cheat codes and game hints happen to be inherently facts that cannot be copyrighted in and of themselves. Further, the cheat codes and game hints arise from software written and published by third parties.
In addition to the foregoing, other issues have emerged in the nearly three years of litigation in this matter.
In 2007, David Allison filed suit against Jeremy Wise in Colorado. David Allison resides in Colorado, Jeremy Wise resides in Ohio. On behalf of Jeremy Wise, Mudd Law Offices filed a motion to dismiss for lack of personal jurisdiction. Allison then amended his complaint. We again filed a motion to dismiss for lack of personal jurisdiction. We succeeded in dismissing Jeremy Wise from the litigation.
Motion to Dismiss Complaint and Affidavit in Support
Response in Opposition to Motion to Dismiss
Amended Complaint and Exhibit A
Motion to Dismiss Amended Complaint and Affidavit in Support
Response in Opposition to Motion to Dismiss Amended Complaint
Reply in Support of Motion to Dismiss Amended Complaint
Order Dismissing Jeremy Wise
After the Colorado action had been dismissed, Allison later filed suit against Jeremy Wise in Ohio.
Ohio Complaint and Exhibit A
In discovery, Allison stated that he authored the cheat codes. In addition, he provided examples of cheat codes from twelve (12) games that he claimed to have authored, that happened to be subject to his copyright registrations, and that Wise infringed.
The Defendants discovered evidence that suggests Allison did not author some of the cheat codes in the examples he provided. David Allison has moved to exclude this evidence by filing a Motion for Sanctions. The Defendants have responded, and the Motion for Sanctions is fully briefed. The Parties await the Court's ruling.
Plaintiff's Motion for Sanctions and Correction to Motion for Sanctions
Defendants' Response to Motion to Sanctions
Exhibit B Part I and Part II and Part III
Exhibit C Part I and Part II and Part III
Plaintiff's Reply in Support of Motion for Sanctions
Exhibit B Part I and Part II and Part III and Part IV and Part V
Defendants' Motion for Leave to file Sur-Reply
Proposed Sur-Reply Part I and Part II and Part III
Plaintiff's Response to Motion for Leave to file Sur-Reply
Defendants' Reply in Support of Motion for Leave to file Sur-Reply
Order Denying Plaintiff's Motion for Sanctions
MOTIONS FOR SUMMARY JUDGMENT
Plaintiff's Motion for Partial Summary Judgment
Defendants' Response to Motion for Partial Summary Judgment
Plaintiff's Reply in Support of Motion for Partial Summary Judgment
Defendants' Motion for Summary Judgment
Appendix in Support of Defendants Motion for Summary Judgment
Defendants' Statement of Material Facts
Exhibit A - Copyright Registrations
Exhibits B and C - CDs
Exhibit D - Affidavit of Charles Lee Mudd Jr.
Exhibit E - Examples of Alleged Infringement Submitted by Plaintiff
Exhibit F - Plaintiff's Objection and Responses to Interrogatories [Redacted]
Exhibit G - Complaints from other Allison Litigation
Exhibit H - Affidavit of Jeremy Wise
Exhibit I - Affidavits
Exhibit J - Affidavits
Exhibit K - Affidavit of David Allison
Exhibit L - Allegedly infringed Game Shark charts
Exhibit M - Expert Report of Gary E. Kitchen [Redacted]
Plaintiff's Response to Defendants' Motion for Summary Judgment
Affidavit of David Allison
Exhibit 3 (submitted as CD-ROM)
Affidavit of Thomas Howard