Epic Games has been combating a crypto and metaverse firm referred to as Utherverse over patent infringement since 2021. Utherverse filed a lawsuit in June 2021 saying that Epic Games infringed on a number of of its patents associated to individuals hanging out in massive, digital worlds with its Fortnite live performance collection — particularly, Ariana Grande and Travis Scott’s respective in-game performances. In January 2022, Epic Games filed a counterclaim whereby it says it has not solely not infringed on Utherverse’s patents, however that a number of patents are invalid. Now, the 2 sides are headed for a jury trial set to start on Could 12, and the Grande and Scott digital performances are on the coronary heart of all of it.
The 2 events have been going again and forth in authorized filings and conferences for years, narrowing the lawsuit down to 1 patent that describes expertise utilized in “taking part in again an expertise in a digital worlds system,” per the unique grievance. This might embrace letting individuals replay one thing that occurred in a digital world, like a live performance or marriage ceremony. Utherverse, for its half, is self-described as “the world’s finest 3D social community” the place digital occasions and “actions,” like weddings, are held. It’s received its personal cryptocurrency that’s used within the digital world.
Within the lawsuit, Epic Games has been arguing that Grande and Scott’s performances had been created forward of their concerts in Fortnite, in order that they aren’t recordings “of a previous expertise that occurred in a digital surroundings,” per a document filed Monday.
Fortnite has been greater than a battle royale online game for years now; it’s an area for individuals to hang around. A part of that have is concerts. Epic Games broke Fornite participant data in 2020 when Scott held an in-game concert that 27 million people confirmed up for. Grande headlined the next big Fortnite concert in 2021. Each occasions had been big, technical spectacles for Fortnite customers to take part in. Travis Scott’s performance started with an explosion that remodeled into a bigger than life model of Scott as Fortnite gamers — in all their colourful, distinctive glory — danced at his ft. Fortnite gamers had been transported into completely different areas because the live performance continued — even heading underwater to swim round Scott as he carried out. Grande’s concert took gamers into area and the clouds to drift round Grande in bubbles. Naturally, there was loads of area to emote, too. The concerts had been replayed a number of instances every over a course of some days.
The Fortnite live performance collection — whatever the performer — has been an enormous success for the sport, which has continued to develop outward with its reside occasions. Nevertheless it’s the Travis Scott and Ariana Grande concerts that Utherverse is particularly calling out. Utherverse needs Epic Games to pay 15% of the income it earned from the 2 concerts. That data isn’t public, however a Forbes report from November 2020 suggested Scott grossed $20 million, together with merchandise gross sales, from the Fortnite occasion.
The jury trial set for Could 12 is predicted to run for 4 to 5 days. Polygon has reached out to each Utherverse and Epic Games for remark.
