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Updates to Crytek's lawsuit vs CIG

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On 9/10/2018 at 5:55 AM, Danakar Endeel said:

If anyone from CIG needs to be present I think it will be Ortwin Freyermuth. :)

Bahahahahah lol won't that be awkward as hell, still Crybaby's are still on about the same thing ... the hole don't compete thing is to not make a competing engine to Cryengine and to sell it, CIG are not making a "competing" engine for sale its internal for the production of Star Citizen / SQ42, this goes the same for the not "advertising" thing as CIG is NOT making a "competing" engine for sale or use outside of CIG so this hole area is a moot point.

CryBaby are REALLY stretching the BS thin on this one 🤣

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REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COMPLAINT IN PART 42 filed by Defendants Cloud Imperium Games Corp., Roberts Space Industries Corp. (Goldman, Jeremy):

https://www.docdroid.net/gyyGc4q/031129092131.pdf

 

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 Days, filed by Plaintiff Crytek GmbH.. (Pak, James):

https://www.docdroid.net/iucXCm0/031129091565.pdf

Trial-dates.thumb.png.4c8c13e79906682501f1a79f2eb31469.png

 

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53 minutes ago, Chimaera said:

Wait, so Crytek is trying to force a jury trial?

As they are the plaintiff I believe they may opt for a jury trial if they so choose. Makes sense as their case has no merit so their best bet is to sway a bunch of randoms with a convincing salespitch from their lawyers. 

Matters of law would still be handled by the Judge though so not sure what benefit they would gain by having a jury in this type of lawsuit. :)

During a court trial, the jury decides the truth of disputed facts while the judge decides the rules of law, including whether particular evidence will be presented to the jury. The United States Constitution guarantees the right to trial byjury for most criminal and many civil matters.

But personally I doubt it will ever go that far and both parties will likely reach a settlement (which is what CryTek seems to be after anyway). 

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In short the list of discovery demands from CryTek is overbroad and contains several things which Lior Leser views as not relevant to a breach of contract case.

 Defendants' products, including Star Citizen and Squadron 42; - Relevant
 marketing and promotion of Defendants' products; - Irrelevant
 revenue, profits, and crowdfunding obtained by Defendants; - Irrelevant
 Defendants' use of Crytek property, including CryEngine; - Relevant
 contracts and communications between the Defendants; - Relevant
 ownership, management, and structure of Defendants; - Irrelevant
 Defendants' communications with its customers; - Irrelevant
 operative contracts between Crytek and Defendants; and - Relevant
 technology transferred from Crytek to Defendants. - Relevant

 

Judge will likely tell CryTek to narrow down their list of discovery demands so the bifuraction request (splitting up/phasing the delivery of said documents) of CIG is no longer required.

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Lior Leser didn't go over this himself but I figured it would be interesting to also show CIG's own discovery requests regarding the following topics:

 Drafting and negotiation of the GLA;
 Crytek’s licensing history of CryEngine;
 Crytek’s agreement with Amazon regarding CryEngine;
 Defendants’ alleged marketing, sale, and use of CryEngine to develop Squadron 42 as a standalone game;
 Defendants’ tender and delivery of “bug fixes and optimizations” to Crytek;
 Crytek’s use of “bug fixes and optimizations” from Defendants or other licensees;
 Defendants’ alleged disclosure of CryEngine source code to third parties;
 Crytek’s public disclosure of CryEngine source code;
 Crytek’s alleged damages resulting from Defendants’ alleged breaches and alleged infringement.
 

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Why is it disappointing?  I guess if you're partial to CIG?

I'm not partial to either side, but I've personally observed CIG make a lot of iffy moves - don't see why Crytek shouldn't have their case heard, if the judge so decides.

 

Of course, what's honorable and what you can legally get away with is light years apart these days...

The banker's and corporation's age of corruption...

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On 9/29/2018 at 7:03 PM, Danakar Endeel said:

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COMPLAINT IN PART 42 filed by Defendants Cloud Imperium Games Corp., Roberts Space Industries Corp. (Goldman, Jeremy):

https://www.docdroid.net/gyyGc4q/031129092131.pdf

 

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 Days, filed by Plaintiff Crytek GmbH.. (Pak, James):

https://www.docdroid.net/iucXCm0/031129091565.pdf

Trial-dates.thumb.png.4c8c13e79906682501f1a79f2eb31469.png

 

Just so I get this right: 
1. It will take until 2020 until this lawsuit can go to the next stage (unless the two parties come to a mutual agreement before that)?
2. It is possible that the judge will then rule that Crytek has to review its demands (concerning what information CIG must disclose)?
=> conclusion: So basically it takes another 18 months until we know whether CIG has to show off everything or just a part of it? We haven't even entered the stage yet where the court will rule whether plaintiff is (somehow) right and receive some money or none at all? This is all still "building the stage"?

Holy hell, if thats true, Crytek will likely have gone bankrupt before anything comes to fruition xD Do all such lawsuits require these timespans? Star Citizen will probably have been "released" before this lawsuit comes to a conclusion Oo

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7 hours ago, Narktor said:

Just so I get this right: 
1. It will take until 2020 until this lawsuit can go to the next stage (unless the two parties come to a mutual agreement before that)?
2. It is possible that the judge will then rule that Crytek has to review its demands (concerning what information CIG must disclose)?
=> conclusion: So basically it takes another 18 months until we know whether CIG has to show off everything or just a part of it? We haven't even entered the stage yet where the court will rule whether plaintiff is (somehow) right and receive some money or none at all? This is all still "building the stage"?

Holy hell, if thats true, Crytek will likely have gone bankrupt before anything comes to fruition xD Do all such lawsuits require these timespans? Star Citizen will probably have been "released" before this lawsuit comes to a conclusion Oo

No, discovery happens before that date. So you have pleading-discovery-trial afaik. At the moment the Judge can already tell Crytek to narrow down their list of discovery demands if she feels they are irrelevant to the case. The actual trial is set for 2020. Anything before that is just pleading, motions, adjustments, discovery requests, more motions, more adjustments in order to finally have your day in court with all the evidence you can get (provided that both parties haven't reached a settlement before that date). :)

 

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On 10/11/2018 at 5:28 PM, Danakar Endeel said:

No, discovery happens before that date. So you have pleading-discovery-trial afaik. At the moment the Judge can already tell Crytek to narrow down their list of discovery demands if she feels they are irrelevant to the case. The actual trial is set for 2020. Anything before that is just pleading, motions, adjustments, discovery requests, more motions, more adjustments in order to finally have your day in court with all the evidence you can get (provided that both parties haven't reached a settlement before that date). :)

 

Ah thanks! :D

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I also missed this update on the 11th of october apparently. So the previously scheduled hearing was vacated as the judge decided she can make a decision without requiring further oral argument. The scheduling conference between CIG and CryTek was also vacated.

(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss the Second Amended Complaint in Part (FRCP 12(B)(6))42 presently scheduled for hearing on October 12, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. Further, the scheduling conference on October 12, 2018 is also VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)

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

 

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Judge grants CIG's Motion To Dismiss the Second Amended Complaint regarding section 2.4.

 

1. Star Engine

  • PromotingDefendants’ motion is therefore GRANTED as to Plaintiffs allegations of improper promotion with respect to Star Engine.
  • Designing, Developing, or CreatingThe Court GRANTS Defendants’ motion in this respect as well.

2. Lumberyard

  • PromotingThe Court therefore GRANTS MTD as to their promotion of Lumberyard for the same reasons it granted the motion with respect to Plaintiff’s allegations that Defendants improperly promoted Star Engine.
  • Licensing - The Court therefore determines that “licensing” in section 2.4 prohibited Defendants from licensing a competing game engine to a third-party licensee, but did not preclude Defendants from licensing Lumberyard from Amazon. The Court GRANTS in the MTD in that respect.
  • Trademark-Related Arguments - To the extent the trademark display was a part of Defendants’ December 23, 2016 announcement, it would still only establish a single promotional event insufficient to show Defendants engaged in the business of promoting Lunberyard. Defendants’ motion is therefore GRANTED with respect to these issues.

 

IV. CONCLUSION In light of the foregoing, the Court GRANTS with leave to amend Defendants’ MTD. Within 21 days from the date of this Order, Plaintiff shall file a Third Amended Complaint addressing the deficiencies discussed in this Order or notify Defendants and the Court that it does not intend to amend. Thereafter, Defendants shall file their response within 21 days. IT IS SO ORDERED.

https://www.docdroid.net/Jv5BRif/031129522308.pdf

 

So after denying CryTek's twisted interpretation of section 2.1 the Judge has now completely blown CryTek's bullshit claims regarding 2.4 out of the water as well. Let's see if CryTek now wants to try and twist things around again in a Third Amended Complaint or if they just give it up. So far it looks like the entire lawsuit has already gone down the drain for CryTek with most of the issues having already been denied during the pleading stage. :)

Quick summary from u/Bribase over on Reddit:

  • CIG weren't "engaging in the business" of selling StarEngine, so Crytek have no grounds to say that they were "designing, developing, creating or promoting" an engine which competes with Cryengine.
  • Their GLA permits adapting Cryengine to suit CIG's needs.
  • The GLA only prohibits CIG from licensing to a third party. Not licensing from another party i.e: Lumberyard
  • CIG aren't obliged to promote Cryengine. The promotion of Lumberyard is not sufficiently evidenced.
  • Crytek can file a third and final ammended complaint addressing these issues, but until then the MTD is granted.

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there always will be some "Triggered" XD

Triggered.gif.15a7f978525400e0a37d0cba9023535d.gif

Not that "He who shall not be named" .... cough ... Cough ........ Crybaby .... cough will drop the suite as they are WAY to Stupid to think logically ... this was doomed from the start i just think they were after what they could get from discovery to "Actually" get something to sue for.  

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Now this isn't a complete victory yet as there are still some bits that survived the original MtD.

  1. CryTek claiming that RSI is part of the full agreement because they signed an Autodesk license (not sure why this even matters)
  2. Alleged unauthorized use of CryEngine for Squadron 42 (although it specifically said "and its related space fighter game Squadron 42" in the GLA) 
  3. Some alleged claim of super-sekrit code being shown on Bugsmashers (but CryTek has not provided any actual evidence of that yet) 
  4. CryTek claiming 'conflict of interest' for Ortwin Freyermuth (even though he had a signed waiver) <= CryTek may have dropped this already
  5. CryTek claiming they never got the bugfixes and optimizations (CIG delivered them to a tender which CryTek never even bothered to collect)
  6. CryTek's claim for statutory damages (but the Judge already stated that it was unlikely that Crytek ultimately will recover statutory damages)

I believe that's all they currently have left. Looks very poorly so I'm betting CryTek will move to settle the matter out of court now. I suspect that any settlement made will be more favorable to CIG than it will be to CryTek though. CryTek threw a lot of shit at the wall while demanding all the monies and tech as well as wanting to stop development entirely but they fell completely flat as most of their 'big-ticket' items didn't even survive the pleading stage. :P

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Glad to see Crytek get their shit kicked in with this bullshit attempted moneygrab of a lawsuit. 

The interesting thing is I really would like to see CIG license (or sub-license) out StarEngine for other game makers to use. When they get the server meshing part done, it'll be an amazing piece of software technology and it would be a shame if it couldn't be the basis for as many games as Unity or Quake or Unreal.  I imagine this will require Crytek's cooperation, unless they can run around them and sublicense Lumberyard for it (but then it'll still require Crytek's cooperation unless the 2-year provision has expired).

So I want CIG to be in the business of licensing out Star Engine in the future.  I don't know if this lawsuit makes that less likely, or more expensive, or now that they've won, the opposite of those two things. Crytek just needs to declare bankruptcy and be bought out by Amazon, imo.  I would say bought out by CIG but that is ethically reprehensible until CIG has a profitable game.

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Well, CIG has said it themselves (as part of the counter that the judge supported), Star Engine isn't actually a thing. It was an name they used in a video once or twice before they revealed the Lumberyard collab a few months later. They're using Lumberyard now. Amazon gets to license that out. CIG is probably building all the aspects of it that will make it unique and desirable though and they probably have a sweet deal that guarantees them a bunch of data and AWS access if not outright funding support. 

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Well this is great news. Whatever Crytek has left to grasp at is surely going to dissolve over the coming weeks when they realize that their case has been derailed off course and has little chance of success.

I'm hoping they don't file an amended complaint and keep this going. There's nothing left to gain here except a meager settlement at this point and honestly I'm not even sure why CIG hasn't filed another MTD on the remaining items left.

Oh well, Crytek got what they deserved.

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17 hours ago, FoxChard said:

they probably have a sweet deal that guarantees them a bunch of data and AWS access if not outright funding support. 

THIS!!! is the most likely deal and possibly some kick-backs if Amazon's Lumberyard becomes more successful.

Imagine a Battletech/MechWarrior game using the engine.

Jumpships, dropships, elementals, the Pentagon World's, Clan  Space, the Inner Sphere...etc.

You've seen MWLL? That was one of Sean Tracey's projects done on CE2. Imagine CIG doing the next MW game...

 

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Yup, even for games that just use one planet.  To have an actual planet with continents and a spin axis creating days and nights, and seasons based on the planet's axis angle around the central star.  You set that stuff up once and let it play out naturally instead of faking it.  Let your players circumnavigate the globe if they want.  Everything happening in a real place on that planet instead of in some instance.  Its the ultimate game engine for MMOs and exploration / conquer games.  The Battletech universe is ideal too.

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