Ark: Survival Evolved developer faces legal battle that could affect game's future

By Staff Writer | Mar 27, 2016 07:40 PM EDT

"Ark: Survival Evolved" game developer Studio Wildcard has been slammed by a lawsuit from Dungeon Defender creator Trendy Entertainment over an alleged breach of contract. The lawsuit involves the design and concept for "Ark: Survival Evolved" which could be detrimental to the game's future.

The lawsuit was first brought to court on December 2015, in which Trendy Entertainment accused their former creative director Jeremy Stieglitz, the creator behind "Ark," of breaching in contract.

In a document released by Kotaku, Trendy's lawyers allege that Stieglitz violated the non-compete clause in his contract with his former employer and the provision that prohibits him from poaching Trendy employees.

The non-compete clause prevents Stieglitz from developing anything, in this case another role-playing video game, that would affect Trendy's sales performance. The provision was in effect for a whole year starting from the day of resignation until August 2015. It was alleged that Jeremy Stieglitz started working on "Ark" around the time the non-compete clause was still in effect.

Stieglitz's current employer, Studio Wildcard, is also being accused of "tortious interference" with respect to Stieglitz's contract with Trendy. Moreover, counsels to the complainant contend that such infringement has resulted in a "devastating impact on Trendy's business" since "Ark: Survival Evolved" directly competes with Dungeon Defenders. Both RPGs are available on Steam.

According to IGN, Trendy Entertainment also claims that while developing "Ark: Survival Evolved," Stieglitz and Wildcard made use of technology and information from the former. If proven, "Ark" would in effect be the intellectual property of Trendy and not Wildcard.

In their defense, respondent Wildcard argues that Stieglitz was not a full-time member of the team that developed Ark: Survival Evolved." Wildcard co-founder Jesse Rapczak said he and Jeremy Stieglitz had known each other since college and that Stieglitz was merely a consultant for the "Ark" project.

Another hearing has been set for April 27, Eurogamer reported. Trendy is seeking "injunctive relief and damages" as well as preventing Wildcard from further developing "Ark: Survival Evolved" and putting it on sale until the case is resolved.

"Ark: Survival Evolved" is multiplayer online game set in the world of dinosaurs. It is one of the most successful Early Access offerings available on Steam and Xbox One. 

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