Crytek files suit

Discussion in 'Star Citizen' started by syberghost, Dec 13, 2017.

Crytek files suit

Discussion in 'Star Citizen' started by syberghost, Dec 13, 2017.

  1. Fell

    Fell Guild Admin Staff Member

    thanks for the blow by blow, what a messed up situation. Best part about this is I have a new guy to watch in this industry. I deal with a lot of lawyers but they're all insurance geeks. This guy is lawin' on something that's at least interesting...
  2. HittingSmoke

    HittingSmoke AoA Emeritus

    He's pretty entertaining. The perfect mix of fact and opinion, IMO. His personal views don't get in the way of the viewer's understanding.
  3. syberghost

    syberghost Guild Admin Staff Member

    So, it looks to me like the straws they were reaching for were:

    Because Freyermuth and Jones didn't recuse themselves, the contract was negotiated in bad faith, and therefore they didn't have a valid contract, and therefore they violated copyright. But the waiver would still make this a contract issue, not a copyright issue, so they're humped; the only remedy they could hope for would be preventing CIG from continuing to use CryEngine, which they aren't doing.

    The other straw is the possibility that they shared it with third parties. The contract allowed licensing to third parties under certain circumstances, so even if they prove those circumstances were NOT applicable, it's still a contract issue, not a copyright issue, so the only remedy is no more using CryEngine, which they're not.

    Unless they've got some serious ace up their sleeve, there's nothing left here, and there's no fucking WAY they left something big out of the amended complaint. Their lawyers aren't incompetent.

    The only possible way they could proceed with this is if they can show that the conflict of interest waiver left out material details of the conflict, and the conflict is so fucking straightforward that it basically consists of the names. Daniel fucking Webster would have to rise from his grave and argue against this waiver, and he'd still lose.
    --- Double Post Merged, Jan 8, 2018, Original Post Date: Jan 8, 2018 ---
    To amend this:

    The only third party Crytek alleges they shared the code with is Faceware. Faceware came AFTER THE SWITCH TO LUMBERYARD.
    HittingSmoke likes this.
  4. HittingSmoke

    HittingSmoke AoA Emeritus

    CryTek doubled down. This is going to court. The important part of their response to CIG's motion to dismiss is basically a claim that parts of the contract or ambiguous enough to require interpretation by a court. That's a difficult thing to argue against.
    Cirsphe and syberghost like this.
  5. Cirsphe

    Cirsphe Veteran Member

    CIG responded apaprently

    https://www.reddit.com/r/starcitizen/comments/7tccxu/cig_responds_to_cryteks_response_to_the_mtd/
    "Courts do not allow opposition briefs to substitute for the role of pleadings. Pleadings must frame unmistakable dispute parameters for courts to administer, and parties to conduct, serious and responsible litigation proceedings. The opposition rambles over ground not set forth clearly or at all in the FAC. By repeatedly attempting to justify getting waved through Rule 12 by arguing phantom allegations, by proffering absurd interpretations of now-revealed plain contract language, by asserting ever-shifting claims for copyright infringement without identifying the allegedly infringing works, and by seeking remedies that are palpably improper under black letter law (e.g., punitive damages for breach of contract and statutory damages for pre-registration infringement), the opposition demonstrates that both efforts at pleading in this case have been an unmanageable, incoherent mess unworthy of proceeding beyond the pleading stage and all of the attendant time and expense thereafter."

    "Crytek’s proffered interpretation — that the word “exclusively” means that CIG is duty bound to use the Engine no matter what — leads to absurdities. Under Crytek’s construction, CIG agreed to pay Crytek a buyout license fee of €1.8 million for an obligation to use the Engine forever, irrespective of the level of support being provided by Crytek, irrespective of Crytek’s future prospects, and irrespective of better alternatives available in the market. Under Crytek’s construction, CIG remains forever shackled to Crytek’s Engine, even if CIG has reason to believe Crytek is a sinking ship. Crytek’s suggestion, that an obligation of this magnitude is not expressly called out with specific language in Section 2.2 (“Restrictions on Use”) or anywhere else in the GLA, but rather should be implied by Section 2.1.2’s use of the word “exclusively,” a word that carries a universally-accepted definition in the context of license agreements as being desirable for licensees, is unfathomable."
  6. HittingSmoke

    HittingSmoke AoA Emeritus

    CIG's responses are very strong. They might get some complaints thrown out. But this is more than likely going to court for one or two complaints at least. A case of this scale and exposure needs to have some major issues to get dismissed before a trial. This is the end for CryTek, but I'm sure this is going to see the inside of a courtroom.
  7. Arcfire

    Arcfire Guild Admin Staff Member

    According to Leonard's latest vid, it's a pretty sure thing that it will come to some sort of court, but the point of all this back and forth is that the more claims CIG can get dismissed before hand, the less time and money they will have to spend on discovery.
  8. Fell

    Fell Guild Admin Staff Member

    isn't leonard awesome? I didn't exactly need him to read every line in the complaints and responses - my ears perked up when he actually explains the impact of key lines, arguments and etc. One thing is for sure, CIG seems to be represented by the better attorneys as far as their arguments seem very well supported.
  9. Fell

    Fell Guild Admin Staff Member

    Sounds like the courts have said they do not need a hearing to discuss CIGs motion to dismiss. Which means more than likely the court is feeling a need to try the complaints made by crytek. It could also mean they will agree with the CIGs motion and dismiss the complaints. Guess it depends how much of a knockout punch was GIGs rebuttal to Crytek...
    AndyCapp likes this.
  10. syberghost

    syberghost Guild Admin Staff Member

  11. Fell

    Fell Guild Admin Staff Member

    I was wondering when there’d be news on this. Been keeping an eye on Leonard French’s channel for an update
  12. syberghost

    syberghost Guild Admin Staff Member

    Some of it was dismissed. Some of what wasn't dismissed, the judge basically said "this is probably bullshit, but probably isn't enough for me to kick this, so you get to keep going". The main thing that was dismissed was Crytek's ridiculous attempt to redefine the word "exclusive".

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