I'm probably going to write something longer on it, but it is interesting to note that both O'Donnell and Bungie only prevailed on one claim each out of many, and the one that Bungie prevailed on was largely irrelevant.

I've written a blog post based on the arbitrator's award, with a link to the award itself.

Arbitrator Partially Restores Composer O'Donnell's Bungie Shares

In short, it appears Bungie's attorneys made mistakes in drafting various agreements, some large and some small. Some, the arbitrator waved away as minor and not transforming the character of the agreement in the manner O'Donnell alleged, and one opened up a loophole that let the arbitrator give O'Donnell anything the board could have, but didn't-- leaving it up to the arbitrator to decide what was fair and equitable.

In short, either Ryan got bad advice from counsel, or got good advice and didn't listen to it.

Music, like all forms of art, is subjective.

The fact that we have "technically" already heard 40 of the 48 pieces of music from Music of the Spheres means nothing to me, because that music has been ripped out of its original context, cut apart, and presented to us out of its intended order.

I still hope they release this thing one day, if not for Marty, then at least for Paul McCartney. He worked on it too, Bungie! I know you're withholding it to spite Marty, but you're spiting one of the Beatles too!

Did you hear that track? Just curious.

I thought he worked on more than just the one track. Marty said stuff about McCartney giving him tips on some things.

Presumably he did, but I was just wondering if, after hearing the one track with McCartney's vocals that was released, your reaction was that you wanted more of that.

Again... just curious.

I'm probably going to write something longer on it, but it is interesting to note that both O'Donnell and Bungie only prevailed on one claim each out of many, and the one that Bungie prevailed on was largely irrelevant.

I'm not sure what constitutes a claim, but the arbitrator found that Bungie was correct in two accusations. Firstly they claimed Marty had their property-- copies of Music of the Spheres-- and the arbitrator agreed and it's now been returned. Secondly they claimed that he violated their copyright by distributing and performing the music without permission, and the arbitrator agreed there too, but because he gave out a copy before the copyright was filed, pursuant to a corner of copyright law I'd never heard of before, they can't get the damages they were seeking-- but they can get other relief, which I wasn't able to find the details of.

Bungie made several counter-claims; one based on the confidential information (Section 11c) of O'Donnell's contract. The arbitrator found that O'Donnell had NOT violated it by distributing Spheres, and the order to O'Donnell to return any work product not as relief because Bungie had suffered damage, or punishment because O'Donnell had violated, but merely because copies of Spheres were Bungie's property. O"Donnell claims he had already done so before litigation began and that the only remaining copy has held by counsel.

Bungie also claimed that O'Donnell's unauthorized distribution of Spheres constituted copyright infringement and sought statutory damages. However, the arbitrator found that while O'Donnell's distribution of the entire work exceeded any reasonable fair use exemption, that Bungie was unable to recover any damages for the following reasons: 1) You cannot seek both real and statutory damages; 2) as Spheres was unpublished (and still is) there is no method for assessing real damage, and 3) because O'Donnell's infringement began before the copyright on Spheres was registered and continued after registration, Bungie is not eligible to recover statutory damages (17 U.S.C. Sec 504).

So you can technically call claim E a "win" because it found O'Donnell did infringe, but since Bungie was seeking statutory damages in an amount that would likely have wiped out any potential payments by Bungie under other claims, I call it a loss. Bungie essentially got nothing out of both claims D and E.

What's more interesting, though, and not portrayed in the news summaries I've seen, is that O'Donnell prevailed not because what Bungie did actually broke any of the contracts between O'Donnell and Bungie. In fact, two of O'Donnell's claims that alleged that were denied. However, it was within Bungie's power to terminate O'Donnell without depriving him of all his shares, and since the arbitrator is empowered by the agreement and JAMS rules to decide what is fair and equitable, he decided it was fair and equitable to award O'Donnell 60% of his previously unvested shares, and that Bungie had violated the concept of "fair dealing" that underpins all contract law.

Yeah, it sounded to me like they were trying to argue that because they gave him a performance review and found his performance "unacceptable" they were justified in withholding those things. It sounded like the arbitrator was saying maybe they would have been legally justified if there was anything in writing that said it worked that way, but there wasn't so they had to give him his shares.

Hmm... not quite. Bungie actually was legally justified in most of what they did, at least, to the letter. However, the employment contract has a binding arbitration clause that brings a dispute like this to the company JAMS, and empowers that arbitrator to do what they think is fair and equitable, and when arbitrating a dispute that hinges on the actions of Bungie's board sub-committee that determines things like profit sharing participation (which is what the bad review was to prevent) the arbitrator is empowered to do what they were. So since the committee COULD have fired O'Donnell AFTER his shares vested rather than before, and the arbitrator considers it fair and equitable that O'Donnell get a portion of his stock vested, that was what he was awarded, in recognition of the fact that Bungie did not deal fairly with O'Donnell.

I think it's also worth noting Marty had the chance to claim vested shares and have a say in the company, and chose not to. If that was because he doesn't want to try to push people around that don't want him involved, or because he doesn't want to deal with them at all, or because because of the larger cash value, no one can say but him.

I'm guessing it's more useful to him to roll into Highwire; I also believe he is still eligible for the profit participation plan in the future.

Paul's name appears as co-writer on all excerpts from MotS that were included in the OST (EDIT: Most of the excerpts - not all), as well as on a couple of other tracks.

Music, like all forms of art, is subjective.

The fact that we have "technically" already heard 40 of the 48 pieces of music from Music of the Spheres means nothing to me, because that music has been ripped out of its original context, cut apart, and presented to us out of its intended order.

I still hope they release this thing one day, if not for Marty, then at least for Paul McCartney. He worked on it too, Bungie! I know you're withholding it to spite Marty, but you're spiting one of the Beatles too!

Did you hear that track? Just curious.

I thought he worked on more than just the one track. Marty said stuff about McCartney giving him tips on some things.

Bits of the Hope for the Future melody can be heard in the rotating Tower music. I think Except from The Hope is the track on the OST that contains it. You can hear a slow version of the "Some wait for the future, some..." part within the first minute.

Music, like all forms of art, is subjective.

The fact that we have "technically" already heard 40 of the 48 pieces of music from Music of the Spheres means nothing to me, because that music has been ripped out of its original context, cut apart, and presented to us out of its intended order.

I still hope they release this thing one day, if not for Marty, then at least for Paul McCartney. He worked on it too, Bungie! I know you're withholding it to spite Marty, but you're spiting one of the Beatles too!

Did you hear that track? Just curious.

I thought he worked on more than just the one track. Marty said stuff about McCartney giving him tips on some things.

I'm probably going to write something longer on it, but it is interesting to note that both O'Donnell and Bungie only prevailed on one claim each out of many, and the one that Bungie prevailed on was largely irrelevant.

I'm not sure what constitutes a claim, but the arbitrator found that Bungie was correct in two accusations. Firstly they claimed Marty had their property-- copies of Music of the Spheres-- and the arbitrator agreed and it's now been returned. Secondly they claimed that he violated their copyright by distributing and performing the music without permission, and the arbitrator agreed there too, but because he gave out a copy before the copyright was filed, pursuant to a corner of copyright law I'd never heard of before, they can't get the damages they were seeking-- but they can get other relief, which I wasn't able to find the details of.

What's more interesting, though, and not portrayed in the news summaries I've seen, is that O'Donnell prevailed not because what Bungie did actually broke any of the contracts between O'Donnell and Bungie. In fact, two of O'Donnell's claims that alleged that were denied. However, it was within Bungie's power to terminate O'Donnell without depriving him of all his shares, and since the arbitrator is empowered by the agreement and JAMS rules to decide what is fair and equitable, he decided it was fair and equitable to award O'Donnell 60% of his previously unvested shares, and that Bungie had violated the concept of "fair dealing" that underpins all contract law.

Yeah, it sounded to me like they were trying to argue that because they gave him a performance review and found his performance "unacceptable" they were justified in withholding those things. It sounded like the arbitrator was saying maybe they would have been legally justified if there was anything in writing that said it worked that way, but there wasn't so they had to give him his shares.

I think it's also worth noting Marty had the chance to claim vested shares and have a say in the company, and chose not to. If that was because he doesn't want to try to push people around that don't want him involved, or because he doesn't want to deal with them at all, or because because of the larger cash value, no one can say but him.

How much of a bummer is it that we might never get to hear music of the spheres?

It'll be released. One way or another…

I can't wait to get my hands on the rare Music of The Spheres bootleg cassette.

The final eight minutes of Music of the Spheres is a cassette you scan find playing Metal Gear Solid V.

http://venturebeat.com/2015/09/04/ex-bungie-composer-marty-odonnell-wins-epic-legal-fight-with-former-bosses/

It's all there. Read it and weep.

That's the best current article but you're better off reading the decision itself. It's linked in the article.

Music, like all forms of art, is subjective.

The fact that we have "technically" already heard 40 of the 48 pieces of music from Music of the Spheres means nothing to me, because that music has been ripped out of its original context, cut apart, and presented to us out of its intended order.

I still hope they release this thing one day, if not for Marty, then at least for Paul McCartney. He worked on it too, Bungie! I know you're withholding it to spite Marty, but you're spiting one of the Beatles too!

Did you hear that track? Just curious.

When did we find out it was Bungie preventing Marty from releasing it, and not vice versa?
Or that they both want to release it but haven't agreed on terms?

The arbitrator's decision includes that information.

Bungie alleged O'Donnell was giving priority to the Spheres project, which Activision was not interested in having Bungie spend time and effort on. Following his termination, O'Donnell distributed electronic copies of Spheres in an attempt to interest outside publishers, and apparently did so without Bungie's permission (Destiny's soundtrack is a work for hire owned by Bungie, not O'Donnell) and without NDAs enjoining those third parties.

This is the only counterclaim by Bungie that was upheld; O'Donnell was ordered to return all work materials to Bungie (which he apparently had already done) and was ordered not to seek publication for Spheres without Bungie's express permission.

GIven that O'Donnell is now getting a portion of his shares vested (although I do understand he's accepting the value equivalent and not the shares) and profit participation in Destiny, it seems unlikely to me that Bungie would proceed with Spheres over Activision's objection. What is unclear to me is whether they can or would proceed without O'Donnell's involvement; it is clear he cannot publish the project without Bungie, but I am not sure if the reverse is true.

I'll grant that there could be some history between Marty and the board that goes beyond the scope of the court case, which could have predisposed them to fire him and treat him like shit, but there is never a justifiable reason to steal property from somebody just because "he's a big meanie" or whatever. Come on, Bungie, you're better than that.

What I find deliciously ironic about the whole situation is that Bungie's stated reason for firing Marty was (in part) the negative impact his behavior had on the game's publicity, but in reality, nothing he did had a more negative impact on the game's publicity than Bungie's poor management. This looks really bad, for both of them, but for Bungie in particular.

Looking at the decision, O'Donnell and Ryan were in agreement in objecting to Activision's handling of the trailer, and even though O'Donnell's public reaction to that seems to have sparked the dispute, the termination is described as being justified by an alleged work slow-down instigated by O'Donnell following that incident. By that time I imagine working relations may have been strained all around, and that's what led to the spectacular mishandling of the severance offer and the subsequent termination and re-issuing of shares.

I'm probably going to write something longer on it, but it is interesting to note that both O'Donnell and Bungie only prevailed on one claim each out of many, and the one that Bungie prevailed on was largely irrelevant.

What's more interesting, though, and not portrayed in the news summaries I've seen, is that O'Donnell prevailed not because what Bungie did actually broke any of the contracts between O'Donnell and Bungie. In fact, two of O'Donnell's claims that alleged that were denied. However, it was within Bungie's power to terminate O'Donnell without depriving him of all his shares, and since the arbitrator is empowered by the agreement and JAMS rules to decide what is fair and equitable, he decided it was fair and equitable to award O'Donnell 60% of his previously unvested shares, and that Bungie had violated the concept of "fair dealing" that underpins all contract law.

By the timing of the termination, Bungie determined whether or not O'Donnell's shares would vest according to the normal schedule or be forefeited by the termination. In light of O'Donnell's past performance, the importance of his work to Halo and Destiny, and the lack of any actual damages to the Bungie-Activision relationship as a result of his public statements, the arbitrator determined that Bungie did not deal fairly with O'Donnell in terminating him in such a way that triggered share forefeiture (and then reissuing all shares in an attempt to ensure O'Donnell got no voting rights as well, should he prevail in arbitration, which he now has).

How much of a bummer is it that we might never get to hear music of the spheres?

It'll be released. One way or another…

After reading the arbitrator's decision, I highly doubt it.

Also, according to Michael Salvatori's affidavit, you've already heard most of it-- supposedly 40 of 48 minutes were included in the game.

EDIT-- oops, CyberKN already posted this. Sorry.

No doubt Marty went over the line with his behavior, no matter how passionately he felt about Activision's meddling, but upper management at Bungie dug their own grave with public perception about how they handled his termination.

It's all there. Read it and weep.

I can't wait to get my hands on the rare Music of The Spheres bootleg cassette.

http://destiny.bungie.org/forum/index.php?id=84366

Music, like all forms of art, is subjective.

The fact that we have "technically" already heard 40 of the 48 pieces of music from Music of the Spheres means nothing to me, because that music has been ripped out of its original context, cut apart, and presented to us out of its intended order.

I still hope they release this thing one day, if not for Marty, then at least for Paul McCartney. He worked on it too, Bungie! I know you're withholding it to spite Marty, but you're spiting one of the Beatles too!

When did we find out it was Bungie preventing Marty from releasing it, and not vice versa?
Or that they both want to release it but haven't agreed on terms?

How much of a bummer is it that we might never get to hear music of the spheres?

It'll be released. One way or another…

I can't wait to get my hands on the rare Music of The Spheres bootleg cassette.

If you can, go to your library and hit up their Britannica. They have a long article with nifty pictures and stuff. It was the basis on which I wrote much of my paper, and literally ALL of the diagrams I didn't make myself were from that encyclopedia.

I think they have a preview function on their website so like the first article you go to is completely open. They also sell a DVD updated and overhauled this year which is great and $40. They sell the 2012 version for $10 on their website.