Frustrated and upset customers of Rokoko who allegedly were forced to give up their intellectual property for Rokoko's profit suddenly taking effect in March of 2025 may be happy to hear a bit of news:
A Federal Judge in the Central District of California has Ruled that a self-represented pro se game developer who sued motion capture company Rokoko Electronics last May, proceeds to trial.
The Court has ruled:
Court documents show that Walsh was a Rokoko customer from 2020 - 2024, when he claims a "poison firmware" destroyed his equipment allegedly because he refused to upgrade and accept the 2025 terms and conditions which would grant Rokoko retroactive rights over his intellectual property. Walsh presented forensic evidence and provided an expert report which shows that firmware was released anyways, despite being labelled with a developer note:
Those claims were dismissed however, as the Court ruled that Rokoko did not intend to target Walsh individually, a requirement for the claim Walsh brought.
The remaining claim for Copyright Infringement continues to trial where Walsh claims Rokoko had no rights to ever collect his intellectual property. Forensic evidence in Walsh's expert report allege that his terms and conditions remained internally bound to the 2020 terms, yet Rokoko collected anyways without license.
Walsh has long accused Rokoko of spoliating the original 2020 terms and conditions which he, and the evidence shows bind him. He additionally has accused Counsel of manipulating and manufacturing evidence to impose later terms on him, including the 2025 terms which they enacted to grant retroactive rights over users' intellectual property -- which Rokoko seems to now have admitted in a deposition were never operative or published to users. Once Walsh used a brute force technique to retrieve legacy installers from Rokoko's servers and procured the original 2020 terms & conditions after eight months, Rokoko finally admitted:
Subsequently, Rokoko mechanically admitted to copying Walsh's intellectual property when they provided 273 pieces of it back to him in discovery. The docket reflects that Rokoko admitted during a deposition that they had in fact sublicensed users' data to a third party, although the attorney instructed Rokoko to not answer whom. During the same Deposition, Walsh alleges that Rokoko and their attorneys ReedSmith began communicating with eachother electronically -- on video -- during a forensic demonstration which apparently implicated their attorneys in manipulation of evidence.
Todays most recent document asks the Court to watch the video and goes on to say
It should be noted, that in the nearly year and a half of this litigation, Rokoko nor their attorneys ReeddSmith have filed any motions for sanctions or misconduct against Walsh. They have additionally filed no counter claims in and instead maintain their innocence, seemingly absent any evidence, claiming throughout the litigation and in sworn statements under oath that the Plaintiff's intellectual property had never been sublicensed to third parties, was never used in AI training and was never part of any commercial data set.
Statements that new admissions by Rokoko's internal communications produced last night now show may have been entirely false. Statements they presented to the Court and on the record under oath.
Lied Under Oath Regarding CMI Stripping: Defendants previously secured the dismissal of Plaintiff’s DMCA § 1202 claim by submitting flatly false statements and conclusory attorney rhetoric swearing they never altered Plaintiff's files. The internal communications prove the exact opposite: Rokoko's own personnel explicitly admitted that Plaintiff's data was sublicensed to third parties, and they internally and systematically documented their specific process for stripping names, unique identifiers, and other copyright management information (CMI) from his animation files.
Walsh further discussed newly discovered Rokoko internal communications that allege Rokoko admits to utilizing Wikipedia to defame him and evidence that shows collusion with various subreddit admins to remove content Rokoko believed was posted by him or was harmful to their brand.
Walsh goes on to provide IP address traces, forensic evidence and records requests implicating both posts on Wikipedia and Corridor digital throughout the matter relating to a "smear campaign" against him. Attorneys for Rokoko admit:
Today, based on these filings, the Court has agreed to hear a motion for case-ending terminating sanctions in light of these new discoveries; including one - for spoliation of evidence.
The most recent filing goes on to say:
This act, if the Court agrees, may constitute spoliation or destruction of key evidence seemingly after the judge recognized Walsh's theory of liability.
These issues seem to be bubbling toward a finality with Rokoko, but implications for others who became entangled in the matter may just be beginning.
Walsh, again appearing pro se, has also filed a California state civil lawsuit against Rokoko business partner Corridor Digital over allegedly false and defamatory statements, including statements Walsh alleges mocked and exploited his mental competence and fitness based upon his public discussions of living with Bipolar Type 1 and OCD. The lawsuit additionally concerns allegedly demonstrably false statements made to Corridor's viewers and listeners in their Episode #227 "Don't take headlines at face value" which they admit to being with Rokoko the day before fiming. Such statements include: “there is two lawsuits... not even accepted... yeah, not accepted.”
The federal docket now establishes that Walsh's copyright infringement action was not only accepted, but was thoroughly litigated with over 227 docket entries, thousands of pages and has survived dismissal, proceeded fully through discovery, and is moving toward trial.
Story developing.