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Gremlich

Updates to Crytek's lawsuit vs CIG

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The more I read about this the more Crytek appears to be a sniveling baby.  It's actually kinda sad.  They're just blackmarking themselves in the gaming community at this point.  When you have a case completely dismissed it means you have no merit.  You brought a case with nothing but your own shoddy contract that got dismantled right in front of you.

While that's shameful enough, doing the legal equivalent of "But...but...but!!! LOOK HERE!!!! IT SAYS A THING AND I THINK THAT THING THAT DID QUALIFIES AS A THING!!!!!! I WANT MORE LAWSUITS!!!" while wiping your running nose will do nothing but piledrive your image into the mud.  Crytek made some amazing stuff, it isn't anyone elses fault they couldn't hang.

 

As for licensing out StarEngine, I kinda hope they do. But I wouldn't be surprised if it's years down the line.  Hell, DICE rarely even allows people to use Frostbite.  I mean they claim it's "too complex for normal users" (which is extremely insulting) but I believe that it's to hold on to their piece of the market.  I wouldn't bat an eye if CIG held StarEngine to itself and never released it.  Not wholly uncommon but it has the potential to change the space Genre forever.

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It's apparently all about timelines, date of copyright registration, actual damages, and number of copies of SQ42 sold and delivered between December 2015 and December 2016 once CIG announced the package split (which would still be 0 as nothing was delivered yet)

With the SAC thrown out (and with it the FAC as filing a SAC replaces the FAC) because the Judge has ruled that CIG was allowed to change engines and CryTek's twisted 'promotion' claims have no merit as CIG simply announcing the switch to Lumberyard in a single video is not "being in the business of promoting a competing engine"; CryTek's timeline is now reduced to a period of mere days to maybe a few months at most in which CryTek has to prove copyright infringement within that specific timeframe. Also they forgot to register their copyright at the copyright office in Washington and only registered it on the 11th of December 2017. So even before filing the lawsuit against CIG on the 12th of December 2017 they probably already knew that they had fucked up. 

Crytek-copyrightoffice.thumb.png.4f300e6b0b90b5227b47261ee82588db.png

Because they forgot to register their copyright on time they can't be awarded statutory damages at all for any alleged breach that occurred prior to it because their alleged breaches all occurred between Dec2015-Dec2016 for delivery of SQ42 copies and Bugsmashers while having an even shorter window for the allegation of the CryTek logo being replaced by Lumberyard before the actual switch to Lumberyard (the first time the Lumberyard logo was shown to the public was on December 23rd 2016 with the release of alpha 2.6). 

So because they failed to file their copyright on time; statutory damages (those sweet up to $150k per breach monies) cannot be awarded and they will now have to prove actual damages for any alleged breach. As SQ42 was never delivered to any customer those actual damages would likely equate to $0. If any super-sekrit CryEngine code was shown during Bugsmashers CryTek would also have to prove actual damages on how those snippets of code being allegedly shown actually damaged the company.

Lior Leser concludes that CryTek may now be very eager to settle for whatever peanuts CIG might want to throw their way just to be rid of them ($100k-$150k at most was his guess) because now CryTek's idea of "Maybe we can get a ton of cash from CIG if we keep pushing this lawsuit" has suddenly changed to "We will likely have to pay a ton of cash to CIG if we keep pushing this lawsuit" because CryTek's entire timeline of alleged breaches was reduced to a few months at most and they forgot to register their copyright until after the alleged breaches supposedly took place. So they can't even claim copyright infringement as they had no registered copyright during that time period. :P

 

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On 12/15/2018 at 12:14 AM, FoxChard said:

I think he only redid the video because he probably got flooded by a bunch of comments from the trolls and their supporters.

Most likely as they were all screaming how he was wrong and how there were still things the Judge did not dismiss (with 1 dumbass 'warlord' even pretending to know more about lawsuits than actual lawyers LOL). Now this second video puts things into perspective as to why the stuff the Judge did not dismiss doesn't matter much anymore when the complaint that CryTek actually needed to keep it all together was thrown out. :)

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This was filed on Friday the 21st of December by CryTek: 

Joint STIPULATION for Order EXTENDING PLAINTIFFS DEADLINE TO AMEND THE COMPLAINT filed by plaintiff Crytek GmbH

After 2 weeks have gone by it seems that CryTek still wasn't able to find anything substantial for their third attempt at amending their complaint and are now playing the 'Christmas holidays' card in trying to get the Judge to give them another 21 days. As if the first two failed attempts and the Judge being extremely generous in giving them 21 days for a third try weren't enough already. :P

It just tells me that CryTek really has nothing left after their SAC was dismissed in its entirety and their lawyers now want more time because they are desperately looking for something...ANYTHING to twist into a complaint. 

I wouldn't be surprised to see some intern at Skadden feverously going through every video CIG ever released and writing down every single time someone/anyone mentions the word "Lumberyard" just so they can try to get their false claim of 'promoting another engine' to stick by listing those individual entries out of context again or pretending that CIG showing the Lumberyard logo on the splash screen is somehow promoting now. At least I wouldn't be surprised if they now twist the displaying of the logo due to a legal obligation for usage into it somehow being 'evidence' of promoting another engine. ;)

Guess we'll find out what kind of ridiculous claim CryTek now wants to pull out of their hat on the 17th of January. Now the Judge might simply refuse to extend the deadline but CIG is apparently fine with it so she'll probably grant it.

At any rate it's pretty satisfying to see CryTek on the ropes now and begging for more time. Especially when CryTek were the ones who initially wanted to rush things by not even wanting to wait on the Judge's ruling on the MtD and instead push straight through with their ridiculously intrusive Discovery phase when there wasn't even a Scheduling Order yet.

CryTek and Skadden are a bunch of hypocrites if you ask me. They didn't want to give CIG any time yet now they themselves want more time. 

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What they are desperate to do is remain in the room when all this is done and working. All they got left at this point is a foot jammed in the door.

It boggles the mind when you start to imagine what people can and will do with this huge interlocking instance platform that Chris Roberts is pushing to accomplish.

Imagine something like Mech-Warriors in this environment.

When all is said and done, his Star Engine/Lumberyard platform will probably end up making tons more cash flow than Star Citizen.

And CryTek really really wants to be in that room. - DRUM out

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@Drumhas got it. Though I think games built on this model will be fairly few because of the effort involved to publish such a ridiculously large environment. I think most publishers and devs will willingly stay in their box. BUT, and SC isn't the only huge concurrent player game coming out, the server stuff will spread and allow more multiplayer games to happen. So a whole true scale city map with thousands of infantry or mechs fighting in it is probably what we'll see-and that will be awesome.

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I imagine that Amazon buys Star Citizen's tech, or licenses it (from CIG and what remains of Crytek), including the tools to generate worlds and solar systems, generic character rigging and animations, etc.  Lumberyard could easily be the Unity of the 2020s and 2030s.  My only regret will be having been born too soon if I get too old for this. because some next-level games can be made with this tech soon.  On the other hand, I might just be in my prime to afford them now.

The other day I was thinking about this game I played when I was young and our family PC was a 286: https://www.myabandonware.com/game/their-finest-hour-the-battle-of-britain-sb

Downloaded and ran it on DOSBox in about 10 minutes flat, and holy crap is it bad.  Yet my memory remembers it as one of the best games I played to that point.  For me the takeaway is how incredibly much the game-making tools have improved, along with actual CPU and GPU power.  Lumberyard with 64 bit coordinates, bind culling, and the rest, is the next great game engine.  Crytek could be the licensors for this if they weren't managed so horribly.

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On 12/13/2018 at 12:14 PM, J. Coren said:

 

Fuck that, think bigger!

Get the license from Disney and remake SW:G as in the vein of Star Citizen.

Or Dune ... the Expanse .... Starship Troopers,  Aquablue ... actually every SF story could be adapted 😍

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yeah...good luck finding someone who will actually put a game like any of those together in a way that is something other than a knock off cash grab though. Until something happens where other games start to follow SC, I'm of the opinion that SC is a one off masterpiece that will stand alone.

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Quick heads-up but the Judge has granted the extension of the deadline (as expected). So now CryTek has until the 17th of January to either come up with some more bullshit claims to keep their foot in the door or inform the court that they really have nothing (as they never had anything to begin with). ;)

https://www.pacermonitor.com/public/case/23222744/Crytek_GmbH_v_Cloud_Imperium_Games_Corp_et_al

thursday, december 27, 2018
51    1 pgs order Order th 4:31 PM 
ORDER EXTENDING PLAINTIFF'S DEADLINE TO AMEND THE COMPLAINT by Judge Dolly M. Gee. Granting Stipulation50 . (twdb)

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1 hour ago, Gremlich said:

And I can justh hear"he who shall not be named" rejoicing that THIS is the death  knell for CIG. 

You do know he has a hex on his name now ..... so he can finally make the claim .......... "MY battlecruiser 3000ad /4/5/6/7/8/9/XXxxx Patch / new game is THE BEST WAHAHAHAHAH"index.jpg.2f3b4acb28a09af49333da0f541b04cd.jpg

lol he will never stop .... im sure he is desperately casting spells in hope that Crybaby's win XD ahahahhah 

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14 hours ago, Gremlich said:

And I can justh hear"he who shall not be named" rejoicing that THIS is the death  knell for CIG.

No doubt that he will be going full mental retard again with more statements coming straight from his sources ass "BREAKING! My sources tell me CryTek will present IRREFUTABLE EVIDENCE on the 17th! ELE! 2 WEEKS! 90 days TOPS!!"  :P

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Derek does not lay down dates. He just has a rant, shows some of their stuff from the financials website, rages that a company spends money, and then says something like "I told you so" at the end. I went to go look because I was morbidly curious. Normally I don't bother to read his drivel.

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2 hours ago, FoxChard said:

Derek does not lay down dates. He just has a rant, shows some of their stuff from the financials website, rages that a company spends money, and then says something like "I told you so" at the end. I went to go look because I was morbidly curious. Normally I don't bother to read his drivel.

Noooooo you said the name that must not be spoken 😱 ...... (where my anti-jinx hex book) .... sdgiufg87 794t29   927 y9ufhos f0 82 .... DONE

Noooooo.jpg.a9a505c463bafa4c5f615f19f27854ed.jpg

Quote

 

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3 hours ago, Chimaera said:

Still can’t get over the irony of the guy’s last name. 

Its not the last name that's the issue ...... he should have been called Maxwell ... at least then we would have something to laugh at 🤩 or to say .... Would you believe !!

Maxwell.jpg.5b9e017f20bb2ea5c0bbd9b592af3fb4.jpg

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if someone told me back in the 90's that derek smart would still be around doing games, i would have laughed at them to their face. as far as the game engine goes, they should have known full well that the scope and feature creep of rsi was well outside the ability of their engine, and had they seriously wanted to keep the game on that platform, they would have been leasing out their people to assist cig in evolving it . since they didn't, not really, there came the time when the writing was on the wall.  crytek shot themselves in the foot and pinned the shooter on cig. like a bunch of idiots. they had a golden goose for advertisement, and they starved the goose.  had i known someone was trying to make next level stuff with my product, and they were struggling, i would have had dumped resources into it.  sure, it would cost some of my profits, but if i can use the new modified code, and pin all the cost to advertisement, i could get by, maybe even turn a buck with a better platform that before. the lawsuit thing ? i am no lawyer. can't say how that stuff works, but it is going to make crytek look pretty stupid if they lose in the courts. 

 

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