Ubisoft's Injunction against THQ Montreal Overturned on Appeal

December 16, 2011 -

The Quebec Court of Appeal for the District of Montreal has ruled in favor of THQ Montreal and its parent company. The decision strikes down a provisional injunction obtained by Ubisoft that temporarily prohibited THQ from soliciting Ubisoft employees who were bound by a non-compete provision with Ubisoft. The lawsuit was filed by Ubisoft after THQ announced that developer Patrice Désilets had joined the studio to create a new intellectual property after he resigned as Creative Director of Ubisoft’s Assassin’s Creed franchise.

The Court of Appeal agreed with THQ on the grounds that it was not bound by any non-competition restrictions and was therefore free to solicit any Ubisoft employee, at long as its efforts did not amount to unfair competition. The Court went on to conclude that THQ's solicitation of Ubisoft employees did not constitute unfair competition; it exercised its "legitimate legal rights based on the principle of liberty of commerce and trade."

"The Court of Appeal’s decision is a tremendous victory for THQ Montreal and all of the creative talent working in the video game industry in Montreal. We are thrilled with the Court’s decision in this matter because we believe strongly in an individual’s freedom to choose where they want to be employed,” said Ed Kaufman, EVP, Business and Legal Affairs, THQ. "Our goal has always been to promote free competition and to allow the many creative talent in the interactive entertainment industry in Montreal to be able to choose where they want to work. We believe the Court of Appeal’s decision will promote competition, alleviate people’s fears and encourage more talented people to join Patrice and our other creative employees at our state-of-the-art studio in Montreal.”

Ubisoft has not issued a statement about the ruling as of this writing.

 


 
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Andrew EisenYikes. http://boingboing.net/2014/10/20/vultures-circle-gamergate.html10/20/2014 - 6:25pm
Neo_DrKefkaDestructoid Editor in Chief stepping down after allegations surface about blacklisting will he be next? http://allmannerofnerdery.tumblr.com/post/100526443850/im-leaving-destructoid10/20/2014 - 6:05pm
james_fudgethere's some inside baseball stuff going on in this Andrew - likely some stuff we don't know10/20/2014 - 3:30pm
E. Zachary KnightGreat musical video about online trolling. https://www.youtube.com/watch?v=_nS-QeM2ne810/20/2014 - 2:46pm
Andrew EisenBut again, this whole thing is just too damn vague to form an opinion on.10/20/2014 - 2:40pm
Andrew EisenWithout the original communication, it's impossible to say if it could honestly be misconstrued as a friendly suggestion rather than an employer directive. However, it appears that subsequent emails should have cleared up any doubt.10/20/2014 - 2:40pm
Andrew EisenThose aren't the owner's words, they're Chris Dahlen's. For what it's worth, we do see an email from Gonzalez stating "you've already broken the only rule we set for you!!!!!!!"10/20/2014 - 2:38pm
Michael ChandraSo really the guy's own words strike me as "wah! How dare you disagree with me!" behaviour, which is the sort of childish attitude I am unfortunately not surprised by.10/20/2014 - 2:17pm
Michael ChandraCorrect AE, but then again the owner's own words are about "wishes", not about an order. No "we told him not to", but going against his wishes.10/20/2014 - 2:16pm
Matthew Wilsonyup. sadly that has been true for awhile.10/20/2014 - 2:10pm
james_fudgewelcome to 2014 politics. Increasingly fought online10/20/2014 - 1:54pm
E. Zachary KnightIt is honestly a shame that anyone has to publicly state they are against such vile behavior, but that is the sad life we live.10/20/2014 - 1:46pm
E. Zachary KnightDecided to publicly reiterate my opposition to harassment campaigns. http://randomtower.com/2014/10/just-stop-with-the-harassment-and-bullying-campaigns-already/10/20/2014 - 1:45pm
Andrew EisenMichael Chandra - Unless I overlooked it, we haven't seen how the directive to not talk about whatever he wasn't supposed to talk about was phrased so it’s hard to say if it could have been misconstrued as a suggestion or not.10/20/2014 - 12:35pm
Andrew EisenHey, the second to last link is the relevant one! He actually did say "let them suffer." Although, he didn't say it to the other person he was bickering with.10/20/2014 - 12:29pm
Neo_DrKefkahttps://archive.today/F14zZ https://archive.today/SxFas https://archive.today/1upoI https://archive.today/0hu7i https://archive.today/NsPUC https://archive.today/fLTQv https://archive.today/Wpz8S10/20/2014 - 11:21am
Andrew EisenNeo_DrKefka - "Attacking"? Interesting choice of words. Also interesting that you quoted something that wasn't actually said. Leaving out a relevant link, are you?10/20/2014 - 11:04am
quiknkoldugh. I want to know why the hell Mozerella Sticks are 4 dollars at my works cafeteria...are they cooked in Truffle Oil?10/20/2014 - 10:41am
Neo_DrKefkaAnti-Gamergate supporter Robert Caruso attacks female GamerGate supporter by also attacking another cause she support which is the situation happening in Syia “LET SYRIANS SUFFER” https://archive.today/F14zZ https://archive.today/Wpz8S10/20/2014 - 10:18am
Neo_DrKefkaThat is correct in an At-Will state you or the employer can part ways at any time. However Florida also has laws on the books about "Wrongful combinations against workers" http://www.flsenate.gov/Laws/Statutes/2012/448.04510/20/2014 - 10:07am
 

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