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Updates to Crytek's lawsuit vs CIG

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6 hours ago, Boildown said:

Do they have any claims left?

From what I gather from the documents CryTek has only 2 (meritless) claims left.

  1. Their claim regarding Squadron 42 being in supposed breach
  2. Their claim regarding copyright notices on the splash screen

So they have nothing. :P

 

CIG has spent more than $900,000 in attorney’s fees and costs whittling down Crytek’s case to its two last throes—one of which Crytek has conceded is unripe and another of which is meritless.

...

In addition to being unripe, the evidence shows that Crytek filed its SQ42 claim based on the false assumption that CIG’s license from Amazon covered only the publicly released version of Lumberyard. What Crytek did not know is that the license also included rights to prior versions of CryEngine itself, rights which Amazon granted in order to minimize the engineering time it would take CIG to migrate to Lumberyard. It was not until May 22, 2019—a year and a half after filing this lawsuit—that Crytek finally decided to ask Amazon whether it “licensed the Cryengine itself directly to CIG,” conceding that the answer “might potentially have quite some influence on our evaluation of the legal situation . . . .” Goldman Decl., Ex. 3. Amazon confirmed that yes, it had “included Cryengine (what you licensed to us) as part of that license to CIG.

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I see on reddit the redacted thingy has been posted.  Someone observed that 7 days after Amazon confirmed they licensed Cryengine to CIG, Skadden withdrew from being Crytek's lawyers.

This looks to me like the biggest pwnage of this entire lawsuit.  Granted, its obviously one sided as this is from CIG's lawyers.  But if the judge agrees Crytek is fucked.  CIG apparently will be able to countersue Crytek to get the rest of their lawyer costs paid beyond the $500k bond.

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Last twenty minutes or so reveal the bread and butter of CIG's arguments.

Not a lawyer, but common sense says Crytek has fallen down, can't get up, and CIG just put a boot to it's neck. - DRUM out

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https://www.courtlistener.com/docket/6256484/115/2/crytek-gmbh-v-cloud-imperium-games-corp/

CryTek's 'opposition' to CIG's opposition to CryTek's Motion to Dismiss sounds like a whole lot of rambling contradictory nonsense where CryTek apparently can't make up its mind nor make a proper argument as to why it should be allowed to be dismissed without prejudice and without conditions. They also appear rather desperate in proclaiming that they are not running away multiple times and stating that it only wants a temporary stay. If they didn't want to run away but just place things on a temporary hold then why did they file for a "Motion to Dismiss" and not a "Motion to Stay"? A "Motion to Stay" would have been more appropriate if CryTek actually intended to pick up where it left off.

  • "Once CIG stops delaying Squadron 42 and releases it in a manner that constitutes a breach of the GLA, Crytek will re-file its claims with the utmost of confidence."

Re-file with the utmost of confidence ... but only IF the game releases with a possible breach. Yeah right, from my perspective CryTek has ZERO intention to re-file at all because SQ42 will be released on Lumberyard and the Amazon email found by CIG during Discovery blew both their remaining claims out of the water. CryTek just wants the Judge to dismiss without prejudice so they can jump ship before a final ruling is made and get that $500k bond back so that CIG will be left 'holding the bag' regarding their own legal defense fees.

  • "Breach of the GLA is based on Development of Squadron 42 as a standalone game, not the actual release of Squadron 42"
  • "CIG spends much of its Opposition arguing that Crytek had to have known that Squadron 42 had not yet been released as a standalone game from the start of this case."

So which is it CryTek? Is developing SQ42 or releasing SQ42 a breach now? First it was developing, then it was releasing, and now it's developing again but it needs to be released so ... "CIG can't hide anymore"? All this flip-flopping from CryTek makes no sense yet CryTek has the nerve to claim that CIG is the one doing the flip-flopping. :D

Also funny how they are still harping on and on about their GLA when the Judge already ruled that CIG was allowed to switch to the Amazon license. :P

Here's hoping the Judge will see what CryTek is trying to pull here, get fed up with CryTek (again), and order a dismissal WITH prejudice so we can all move on.

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3 hours ago, Boildown said:

Any idea when the judge gets to actually rule on this nonsense?

Not sure when the Judge will actually rule on the motion; but the hearing on the motion is set for the 7th of Febuary according to the Judge's order. :)

CryTek-hearing7feb.png.45c46a09338cbbbd5cf784a9b09ecb6c.png

https://www.courtlistener.com/docket/6256484/97/crytek-gmbh-v-cloud-imperium-games-corp/

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Apparently during the status conference the Judge directed the parties to try and resolve the Motion without intervention from the Court. CIG and CryTek have now filed a joint document in which they say they are close to a resolution and ask the court to vacate the Hearing that was scheduled for tomorrow. 

CIG-Crytek-motionvoluntary.thumb.png.132b9f25922dd8d565e849c86bd70a8b.png

The Judge has sent out her Order to vacate the Hearing and to rule on the Motion to Dismiss after February 21 2020 unless CIG and CryTek submit their resolution before that date.

Guess we now have to wait and see what happens. :)

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On 2/7/2020 at 12:49 AM, Boildown said:

Unless CIG is going to buy out Crytek

They already have most of the engineers on payroll from back when Crytek stopped issuing paychecks.

What would be left to buy? - DRUM out

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1 hour ago, Drum said:

They already have most of the engineers on payroll from back when Crytek stopped issuing paychecks.

What would be left to buy? - DRUM out

Good point.  I think CIG might need an opening to license out "Star Engine" to other game companies, which is absolutely something I think they should do once Star Citizen is ready enough.  Assuming they can't already do that with Lumberyard. And Crytek surely has some assets still, with the added bonus of no possibility of future litigation on that front.  If CIG says, "you don't have to pay our lawyer fees in exchange for us owning you" I'd accept that.  They probably have some cash on hand too, or else they wouldn't be able to afford their own lawyers to bring the lawsuit in the first place.  Of course, if they don't have money and are in debt by the amount they owe their lawyers plus the $500k bond, CIG shouldn't buy them until they're in bankruptcy court where they can get their assets for pennies on the dollar.

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5 hours ago, Boildown said:

Good point.  I think CIG might need an opening to license out "Star Engine" to other game companies, which is absolutely something I think they should do once Star Citizen is ready enough.  Assuming they can't already do that with Lumberyard. And Crytek surely has some assets still, with the added bonus of no possibility of future litigation on that front.  If CIG says, "you don't have to pay our lawyer fees in exchange for us owning you" I'd accept that.  They probably have some cash on hand too, or else they wouldn't be able to afford their own lawyers to bring the lawsuit in the first place.  Of course, if they don't have money and are in debt by the amount they owe their lawyers plus the $500k bond, CIG shouldn't buy them until they're in bankruptcy court where they can get their assets for pennies on the dollar.

If I told someone that and he said yes either he's dumb as a rock or I'd comb his ledgers very very carfully before giving thumbs up.

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CryTek and CIG have apparently reached an agreement in principle of terms to settle this action in its entirety and are working to document the terms of their agreement. They now request the Court to give them 30 days to execute and document their agreement. 

Crytek-CIG-settlement.thumb.png.1776128595ddd6b44096249f84b73eca.png

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TBH I was expecting a more dramatic season finale! Too bad they probably won't go public with details of the settlement (if it does go ahead) but at least the end of this is in sight and it will be one less obstruction preventing info on Faceware, SQ42  and everything else affected by the case.

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Not going to lie, I was hoping for something a little more spectacular, one does wonder what would cause CIG to accept this when they appeared to have the upper hand.
Pure speculation, but perhaps they feel there is more to be gained by the earlier lifting of restrictions than there is left of Crytek to take.

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While I was also hoping for CIG to smash CryTek to pieces openly and publicly for all to see it appears that settling is a very common thing; even if the defendant is holding all the cards. When that Amazon email was found during Discovery that was likely when CryTek knew they had nothing left. What annoys me though is that after Avni Yerli (CryTek) received that email from Amazon he went on for another 9-10 months wasting everyone's time pretending he still had a case. In retrospect that email was probably also the reason why Skadden suddenly walked out on CryTek a week later.

According to a paper from the American Judges Association, as many as 97 percent of civil cases that are filed are resolved other than by a trial. While some of these cases are dismissed or are resolved through other means, the vast majority of the cases settle.

At any rate, next month this should all be over and everyone can get back to what they were doing. With CryTek probably filing for bankruptcy and with CIG still making the Best Damn Space Game Ever. :P

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