Water Cooler Games
Water Cooler Games served as the web's primary forum for "videogames with an agenda" — coverage of the uses of video games in advertising, politics, education, and other everyday activities, outside the sphere of entertainment.

The site was maintained at watercoolergames.org from 2003-2009, where it was edited by myself and Gonzalo Frasca. It is now archived here in full.
Search Water Cooler Games:  
You are reading an archived version of this article. The original URL was (loading...)
Stretch with the devil...
by Ian Bogost November 21, 2004

Another chapter in the sad fates of independent developers begins. Roger Avery, Academy Award-winning co-screenwriter of Pulp Fiction, has sued Microsoft and Oregon-based ResponDesign for a reported $30 million plus punitive damages for "stealing his idea for a virtual yoga studio." Co-defendant ResponDesign is developer/publisher of Yourself! Fitness, an interactive personal trainer that includes a yoga mode.

What's interesting about the case is that Microsoft had nothing to do with the development of Yourself! Fitness. Yes, they approved its release for Xbox, but ResponDesign raised over $5 million in capital to develop and self-publish the game. Seems like another case of that old Hollywood staple, blind greed and selfishness.

ResponDesign sent me a press copy of Yourself! Fitness, and I'll be sharing a full review of it here soon. There are ups and downs to the product, but ironically I find the yoga mode to be the game's weakest point. More than anything, it's just disappointing to see indie originality and hard work rewarded with this kind of unwarranted legal attack.

Comments (4)

Why do you say unwarranted?

Well, I've met one of the founders of ResponDesign and a colleague does some marketing work for them. Their idea for a yoga/exercise game never had anything to do with Microsoft; in fact, these guys raised their capital themselves and only then started working with MS... just to get their game approved on the platform.

I can't comment on the Microsoft side of things, but I feel strongly that ResponDesign is undeservedly caught in the middle of this unfortunate litigation.

This is exactly like Donald Trump putting a trademark on "You're Fired!". I guess the world is supposed to put technology on hold because a Hollywood whacko has an undeveloped idea. What a waste of court time...

Plus, RespondDesign started working on the game BEFORE Avery even made the pitch to Microsoft!