MindsEye Employees Take Legal Action Against Build a Rocket Boy Over Covert Surveillance Software

Employees from MindsEye have filed a lawsuit against developer Build a Rocket Boy (BARB), following reports that company leadership confessed to installing hidden surveillance software on staff devices.

In February, GamesIndustry.biz revealed that BARB workers noticed their computers slowing down and discovered Teramind employee monitoring software had been added without their knowledge. During a company meeting afterward, co-CEO Mark Gerhard reportedly admitted to the installation, attributing it to dealing with "the 1% that is the problem"—a recurring, unsubstantiated claim by him that a small group of employees is internally sabotaging the company.

Although Teramind has since been removed, worries persist about what confidential information might have been collected and whether data protection regulations were properly observed.

Teramind markets itself as the "#1 rated employee monitoring software," designed to "help companies track work time, boost team productivity, and protect sensitive data while respecting privacy for both in-office and remote workers." It operates discreetly, capturing screenshots and "irrefutable screen recordings," logging web and app usage, including keystrokes, to "identify top performers" and provide "targeted coaching" for those underperforming.

Today, the IWGB Game Workers Union has initiated legal proceedings, accusing BARB of breaching data protection laws and infringing on staff's "basic dignity" by "exceeding the legitimate scope of monitoring worker productivity or ensuring company security through recording individuals in their homes without consent."

In a statement, MindsEye lead cinematic animator Chris Wilson commented, "Build A Rocket Boy's toxic culture of secrecy and micromanagement is among the worst I've encountered in my 20-year gaming career. While they've agreed to our main demand of removing Teramind from our devices, many questions about their actions remain unanswered. It's likely this software was part of their micromanagement strategy, stemming from distrust in their employees. It fostered an environment of anxiety, which isn't conducive to producing great video games."

This lawsuit is distinct from another legal effort by the IWGB, which claims BARB mishandled mass layoffs last summer involving 300 staff after MindsEye's underwhelming release. The union alleges this included "unlawful blacklisting, detriment, and failure to engage in collective consultations," potentially costing the studio millions.