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Gremlich

Updates to Crytek's lawsuit vs CIG

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and some highlights:

Refutation of CryTek's Claims
 

Claim: CIG was only given permission to make "the game" with CryEngine, selling SQ42 standalone is in violation of this.
Defense: The GLA defines "the game" as both "'Space Citizen' and its related space fighter game 'Squadron 42'", with a passage allowing for name changes (Space Citizen > Star Citizen).
Additionally, this term does not apply to any games made without CryEngine, and CryEngine is no longer used.
 

Claim: CIG violated the GLA by switching from CryEngine to Lumberyard, they are only allowed to "exclusively" use CryEngine.
Defense: The GLA says they are given "exclusive rights to use CryEngine" and the right "to exclusively embed CryEngine in the game". The well-established meaning of this wording is that the right is given only to them (and those subcontracted within the terms), not that they are only allowed to use CryEngine.
 

Claim: CIG is no longer displaying CryTek copyright notices in game, in violation of the GLA.
Defense: This obligation only applies if CIG is using CryEngine, which they are not.
 

Claim: Ortwin was employed by CryTek prior to becoming CIG's attorney and co-founder so he had a conflict of interest when negotiating the contract.
Defense: Ortwin received a signed waiver from CryTek dismissing any conflict of interest.
 

Claim: Confidential source code was shown on Bugsmashers and disclosed to FaceWare in violation of the GLA.
Defense: No defense provided, though FaceWare was after the switch to Lumberyard.
 

Claim: CIG was required to provide any bugfixes they developed for CryEngine up until launch.
Defense: No defense provided.
 

Additional Statements
The GLA prohibits either party from seeking any damages from one another "except for intentional acts or omissions or gross negligent acts".

CIG, not RSI, is the signatory of the GLA, so CryTek committed a legal blunder by pursuing RSI rather than CIG in a number of claims.

CIG seeks to have the entire complaint dismissed with prejudice (barring any further related action) on the grounds that none of the complaints are sufficient.

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I am now very angry at Crytek. I felt like they were standing on my throat.  In the past if you sued a game company you effected its employees and its publisher, in this case they effected thousands of invested fans.

I feel sympathy for Derek Smart, with a little medication he would be fine...might lose a bit of his intelligence (might actually still be a more effective game developer). The fact that he docent seek help or follow a regimen is his choice, and I understand it. 

Crytek on the other hand, just shook the tree I was in for no reason but their own enrichment from the money WE invested.  They tried to rob US.  I will not forget.

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3 hours ago, Scotterius said:

I feel sympathy for Derek Smart

The ONLY thing anybody should feel for Derek Smart is pity. He's been making his bed over the past 30 years and he's not gotten "it". 

go through thie details on this link and you'll see why DS deserves no sympathy from anybody: 

 

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The relevant part of the contractual clause 2 of the license agreement - literally taken - is at least (and being benevolent towards Cig) ambiguous.  A confirmation of this comes from the fact that CIG attorneys are compelled to use ancillary criteria of contractual interpretation (different from the literal meaning of phrases) to support their motion to dismiss.

Defintely the issue is worth an out of court settlement in my modest opinion.

 

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3 minutes ago, Metternich70 said:

Definitely the issue is worth an out of court settlement in my modest opinion.

I was thinking that this would be the logical outcome and it still won't be what crytek is hoping for.

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Well, remember, the strategy in a complaint sometimes is to throw everything at a wall and see what sticks. Threatening a jury trial may compel CIG to out of court settlement (or apparently, as is the case here, it didin't).

Its ultimately too early for anyone to judge what will happen and until such a date, who knows. It is nice that CIG actually included real evidence to support their defense. Crytek didn't do that and only made claims (which were apparently poorly worded because they needed a nearly full edit of their complaint to fix the language).

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I should revise that to: Crytek hoped that would work as a tactic. 

Apparently CIG is willing and able to defend themselves publicly.

Edit: for the Leonard French video above, the comments on the original live stream make it appear that Derek Smart appeared and fought for Crytek. This happens at around 1:10:00 or so. Its not anything dramatic and LF doesn't go all crazy, he just beats back down the poor logic put forth by DS.

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"But muh Sutaahr Sittizun is dun four! Muh! Muh....." - average youtube comment on news

 

I said when this first came up that it's best to wait until we hear CIG's side of it before anyone forms an opinion.

Now that we have seen what CIG's side of this is -and furthermore the GLA itself- it's safe to say that unless CIG is knowingly filing a falsified GLA, then Crytek doesn't have much of a claim. The only thing Crytek had going for it which they could use to make themselves babyface has been vaporized, and now they look like fools publicly. Knowing them though, they'll still probably whine trying to get a small settlement.

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On 1/7/2018 at 8:37 PM, Drum said:

ANY specific reason we have two threads on the same thing?

Can they be combined or something to assist in keeping track of what is said? - DRUM out

I'll take a look when back on desktop, depends on placement and stuff can't see from mobile.

Sounds like good news tho so far.

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With all the drama re: CIG and Crytek, as of yesterday, 8 January 2018, Guess who just got served an eviction notice for the property he's been renting (not to be confused with the property that's being foreclosed on tomorrow, he wasn't living in that)

it isn't anybody we have any reason to respect, just to give a hint

+42 to the first correct guess

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20 minutes ago, Gremlich said:

With all the drama re: CIG and Crytek, as of yesterday, 8 January 2018, Guess who just got served an eviction notice for the property he's been renting (not to be confused with the property that's being foreclosed on tomorrow, he wasn't living in that)

it isn't anybody we have any reason to respect, just to give a hint

+42 to the first correct guess

Who? Derek Smart?

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10 hours ago, Gremlich said:

With all the drama re: CIG and Crytek, as of yesterday, 8 January 2018, Guess who just got served an eviction notice for the property he's been renting (not to be confused with the property that's being foreclosed on tomorrow, he wasn't living in that)

it isn't anybody we have any reason to respect, just to give a hint

+42 to the first correct guess

I know it's never funny when someone loses their property and/or gets evicted but in this particular case and with this particular individual in mind I will make an exception and will be laughing my ass off. :P

 

 

WhereIsYourHouse.png

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I have to disagree with you @FoxChard. The guy went after CR's family, including his kids, and has gone after Sandi to a level that makes me wonder if he has some kind of sick obsession. People like that belong in an institution, not getting sympathy from people imho.

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10 hours ago, Chimaera said:

I have to disagree with you @FoxChard. The guy went after CR's family, including his kids, and has gone after Sandi to a level that makes me wonder if he has some kind of sick obsession. People like that belong in an institution, not getting sympathy from people imho.

Have to agree. What he did these past years was so despicable that I can't muster the least bit of sympathy for the guy anymore. So yeah, from my perspective he deserves everything that's coming to him and more.

Even now with the foreclosure and eviction he's still warlording away on Twitter with his hate campaign against CIG about how Ortwin is a dick who is going to cost the company millions for making the GLA public and Derek now claims the GLA was a confidential document under NDA and then posting federal rules on privacy that (while skimming through it) don't appear to have any relevance to it at all. He just doesn't like the fact that with the GLA now available it would appear that there is hardly any case at all anymore.

He was even raging on Twitter (63 tweets or so?) right after getting shut down by Leonard French (an actual copyright attorney on YouTube) in the end of his livestream and suddenly Derek was back on Twitter pretending to know more about copyright law than an actual copyright attorney because "he signed contracts in the past too and that made him an expert in the field" or something along those twisted tales he loves to spin to make himself sound more important than he really is. 

To me it seems like Derek was hoping that this Crytek case would completely destroy CIG and was probably already celebrating 'his glorious victory' after the initial filing. Yet with the GLA now out in the open that hope was shattered and he can't cope with the fact that it's looking more favorable than ever for CIG now as all of the claims seem easily refutable which may cause the entire case to get dismissed with prejudice.

Personally I can't wait to see Crytek's response after this. ;)

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22 hours ago, Gallitin said:

Who? Derek Smart?

we have a winnah!

6 hours ago, Booster Terrik said:

Any chance that Netflix will make a drama series on "The (not so) amazing life of Derek Smart" ? :lol:

It'll just be Lowtax's "Derek Smart's Desktop Commander"

 

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Lior Leser (a lawyer who apparently specializes in Technology, Internet and Software Law) offered his view on the Crytek vs CIG case as well now. :)

 

 

 

He also made this video on the 5th of January regarding the initial complaint from Crytek just before CIG's response and his suspicions were right on the money:

 

 

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