Send News. Want a reply? Read this. More in the FAQ.   News Forum - All Forums - Mobile - PDA - RSS Headlines  RSS Headlines   Twitter  Twitter
Customize
User Settings
Styles:
LAN Parties
Upcoming one-time events:
Chicago, IL, USA, IL 01/27
Chicago, IL USA, IL 10/19

Regularly scheduled events

CIG Responds to Crytek Lawsuit

This pdf apparently represents Cloud Imperium Games' response to the report a few weeks ago that Crytek was suing them over terms of their agreement to use CryENGINE for Star Citizen (thanks reddit's Liudeius via DSOGaming). Their complaint included the fact that CIG had split the Star Citizen project into two games and that they were no longer displaying Crytek logos and notices as appropriate. The Cloud Imperium's position is laid out in their preliminary statement:

This action never should have been filed. The First Amended Complaint (“FAC”), like the initial complaint filed before it, sacrifices legal sufficiency for loud publicity. Though Crytek GmbH (“Crytek”) twice now conceals the actual Game License Agreement (“GLA”) from the Court and the press, the Court possesses the power to examine the incorporated GLA on this motion. The GLA eliminates virtually every claim and remedy Crytek seeks; Crytek’s admission that Defendants are not even using Crytek’s software gets rid of the rest. The allegations regarding Defendants’ co-founder Ortwin Freyermuth and another employee Carl Jones (the “Offending Allegations”), though modified in retreat by Crytek’s counsel after being confronted with a Rule 11 motion based on a false allegation contained in the initial complaint, still bear absolutely no material relation to any claim or named party, and have everything to do with generating misleading, scandalous press. Neither of Crytek’s two contrived claims can survive the contract, and all its remedies are contractually barred, justifying dismissal as a matter of law. The Court also should send a message to Crytek by striking the immaterial, impertinent and scandalous Offending Allegations in paragraph 15 of the FAC.

View
28 Replies. 2 pages. Viewing page 1.
< Newer [ 1 2 ] Older >

28. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 18:32 Flatline
 
What are the odds that the next delay is due to Star Citizen implementing a fully functional justice system, with grand juries, jury duty, judges, appellate courts, supreme courts, and a Galactic Bar that you can study and pay to test to achieve your Galactic Barrister license?

Judge seats selling now at the discount sale price of only 38,000 dollars per seat for a lifetime appointment.
 
Reply Quote Edit Delete Report
 
27. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 15:29 Peter M. Smith
 
jdreyer wrote on Jan 8, 2018, 14:38:
Great post explaining everything, thanks Peter.

Thank Leonard. He did the work, I'm just sharing what I heard.
 
Reply Quote Edit Delete Report
 
26. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 14:38 jdreyer
 
Peter M. Smith wrote on Jan 8, 2018, 14:20:

* snip *

And now, it's Below. Take an hour out of your day and watch Leonard French's legal analysis of the latest filings. It turns out that the original licensing document, the one that CryTek did not attach to both their initial complaint as well as their amended complaint, specified that CIG was licensing the engine for both Star Citizen and for Squadron 42. Both titles were named in the document. If you're not familiar with his work, Mr. French is a practicing copyright attorney in Pennsylvania. He's also a gamer, this case intersects both of those interests: https://www.youtube.com/watch?v=ti4R8JsJa9A

Great post explaining everything, thanks Peter.
 
Avatar 22024
 
Stay a while, and listen.
Reply Quote Edit Delete Report
 
25. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 14:31 jdreyer
 
Choobeastia wrote on Jan 8, 2018, 01:35:
jdreyer wrote on Jan 7, 2018, 23:12:
loomy wrote on Jan 7, 2018, 19:13:
I can't hear the sound of this loading screen lawsuit over the sound of me playing star citizen for hours this weekend

It was a slideshow for me. What's your system?

I haven't played it overly much, but I've found that the game is more CPU than GPU limited right now. I have a core i7 from a few years ago, and a 1060gtx, and I get around 20-30 FPS much of the time IF I set the game to high graphics. If I try to put it to low, my FPS drops to slideshow levels.

Hope that helps!

Wow, so it goes full slideshow when you put it on *low*?? That's bizarre. I have a 5 yr old Core i5, GTX 670. Not the newest machine, but I'm able to get everything else to run pretty well. That being said, I'm saving up for a new card, probably a 1070TI. Not to run Star Citizen, mind you. Just because 5 years is a good time to upgrade, and some newer games aren't quite as smooth as I'd like.
 
Avatar 22024
 
Stay a while, and listen.
Reply Quote Edit Delete Report
 
24. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 14:20 Peter M. Smith
 
Renegades Hang wrote on Jan 8, 2018, 10:01:
As is now made clear, Crytek did a bunch of free work for CIG, like creating the trailer that was used in the Star Citizen Kickstarter. They did that to promote their game engine, and they gave CIG a below-market offer to use their engine in exchange for them prominently promoting their engine. They weren't going to do that free work etc. only to have CIG turn around and not use CryEngine and switch to a competing engine like Lumberyard [they are NOT the same engine and Amazon has their own licensing agreement to use it].

CIG paid 1.85m Euro for the license to use CryEngine.

Renegades Hang wrote on Jan 8, 2018, 10:01:
The big question was whether the contract stated that CIG could terminate the contract and switch to a different engine. We now know that the contract states that they can't switch to another engine while under the contract and the only way they can get out of the contract is if CIG goes bankrupt or Crytek breaches their side of the contract.

Or CIG can walk away without penalty, because there is language in the contract that stipulates that the two parties can't go after each other for damages. See below.

Renegades Hang wrote on Jan 8, 2018, 10:01:
We also now know that the contract states that Star Citizen is one game and the engine license is only for that one game, so CIG splitting it into two games (Star Citizen and Squadron 42) breaches the contract as well.

The license covered Star Citizen and Squadron 42. See below.

Renegades Hang wrote on Jan 8, 2018, 10:01:
Here are the pertinent snips of the contract:

Here are cherry-picked comments made by somebody with a public beef against the project.

Renegades Hang wrote on Jan 8, 2018, 10:01:
https://mobile.twitter.com/dsmart/status/949805236591439872/photo/2

That text indicates the party using CryEngine will not develop their own game engine, which is not the same thing as developing their own game.

Renegades Hang wrote on Jan 8, 2018, 10:01:
https://mobile.twitter.com/dsmart/status/949802938549104641/photo/1

That looks pretty boilerplate, it just talks about the process for terminating the license.

Renegades Hang wrote on Jan 8, 2018, 10:01:
https://mobile.twitter.com/dsmart/status/949781779010990080/photo/1

Again, more boilerplate. You can't use this engine for a different game. While at first this appears to be something against CIG, it turns out this will probably go against CryTek. See below.

Renegades Hang wrote on Jan 8, 2018, 10:01:
https://mobile.twitter.com/dsmart/status/949781779010990080/photo/2

This document appears to say that Squadron 42 is part of Star Citizen, with regards to the licensing agreement. This doesn't hurt CIG, this hurts CryTek. See below.

And now, it's Below. Take an hour out of your day and watch Leonard French's legal analysis of the latest filings. It turns out that the original licensing document, the one that CryTek did not attach to both their initial complaint as well as their amended complaint, specified that CIG was licensing the engine for both Star Citizen and for Squadron 42. Both titles were named in the document. If you're not familiar with his work, Mr. French is a practicing copyright attorney in Pennsylvania. He's also a gamer, this case intersects both of those interests: https://www.youtube.com/watch?v=ti4R8JsJa9A
 
Reply Quote Edit Delete Report
 
23. Re: Skyrim Creation Club Launches with Survival Mode Jan 8, 2018, 14:20 Kajetan
 
Timmeh wrote on Jan 8, 2018, 10:36:
This is not a baseless lawsuit.
Probably, it is.
 
Reply Quote Edit Delete Report
 
22. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 11:35 Renegades Hang
 
Derek Smart's responses to this from Twitter all rolled into one:
https://threadreaderapp.com/thread/949626014367469568.html
 
Reply Quote Edit Delete Report
 
21. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 10:57 Tipsy McStagger
 
Renegades Hang wrote on Jan 8, 2018, 10:01:
As is now made clear, Crytek did a bunch of free work for CIG, like creating the trailer that was used in the Star Citizen Kickstarter. They did that to promote their game engine, and they gave CIG a below market offer to use their engine in exchange for them prominently promoting their engine. They weren't going to do that free work etc. only to have CIG turn around and not use CryEngine and switch to a competing engine like Lumberyard [they are NOT the same engine and Amazon has their own licensing agreement to use it].

The big question was whether the contract stated that CIG could terminate the contract and switch to a different engine. We now know that the contract states that they can't switch to another engine while under the contract and the only way they can get out of the contract is if CIG goes bankrupt or Crytek breaches their side of the contract.

We also now know that the contract states that Star Citizen is one game and the engine license is only for that one game, so CIG splitting it into two games (Star Citizen and Squadron 42) breaches the contract as well.

Here are the pertinent snips of the contract:

https://mobile.twitter.com/dsmart/status/949805236591439872/photo/2

https://mobile.twitter.com/dsmart/status/949802938549104641/photo/1

https://mobile.twitter.com/dsmart/status/949781779010990080/photo/1

https://mobile.twitter.com/dsmart/status/949781779010990080/photo/2

if true, sounds like crytek has a good case.
 
Avatar 57660
 
Reply Quote Edit Delete Report
 
20. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 10:36 Timmeh
 
This is not a baseless lawsuit.

CIG are scum.

ill go further...

They are crooks and if you are ok with that then you are the same caliber of slime as they are.


 
Reply Quote Edit Delete Report
 
19. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 10:01 Renegades Hang
 
As is now made clear, Crytek did a bunch of free work for CIG, like creating the trailer that was used in the Star Citizen Kickstarter. They did that to promote their game engine, and they gave CIG a below-market offer to use their engine in exchange for them prominently promoting their engine. They weren't going to do that free work etc. only to have CIG turn around and not use CryEngine and switch to a competing engine like Lumberyard [they are NOT the same engine and Amazon has their own licensing agreement to use it].

The big question was whether the contract stated that CIG could terminate the contract and switch to a different engine. We now know that the contract states that they can't switch to another engine while under the contract and the only way they can get out of the contract is if CIG goes bankrupt or Crytek breaches their side of the contract.

We also now know that the contract states that Star Citizen is one game and the engine license is only for that one game, so CIG splitting it into two games (Star Citizen and Squadron 42) breaches the contract as well.

Here are the pertinent snips of the contract:

https://mobile.twitter.com/dsmart/status/949805236591439872/photo/2

https://mobile.twitter.com/dsmart/status/949802938549104641/photo/1

https://mobile.twitter.com/dsmart/status/949781779010990080/photo/1

https://mobile.twitter.com/dsmart/status/949781779010990080/photo/2

This comment was edited on Jan 8, 2018, 11:23.
 
Reply Quote Edit Delete Report
 
18. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 09:24 Prez
 
SlimRam wrote on Jan 7, 2018, 19:09:
At this point it's almost like a race to the bottom for these two companies; who will self-destruct first.

The difference being that one company is still taking in millions of dollars a month (inexplicably but it's still happening) while the other is basically out of revenue streams and has to resort to what looks to be a baseless lawsuit as a last ditch hail Mary to stay afloat. It's pretty obvious who is going to crash and burn first I think.
 
Avatar 17185
 
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
Reply Quote Edit Delete Report
 
17. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 09:21 Mr. Tact
 
I would imagine it will come down to who had the better lawyers when the GLA was drafted...  
Truth is brutal. Prepare for pain.
Reply Quote Edit Delete Report
 
16. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 09:07 Dev
 
I'm wondering if they are just wanting a piece of the many millions CIG has brought in. Jokes on them, pretty sure that money has already been spent, lol.  
Reply Quote Edit Delete Report
 
15. Re: CIG Responds to Crytek Lawsuit Jan 8, 2018, 01:35 Choobeastia
 
jdreyer wrote on Jan 7, 2018, 23:12:
loomy wrote on Jan 7, 2018, 19:13:
I can't hear the sound of this loading screen lawsuit over the sound of me playing star citizen for hours this weekend

It was a slideshow for me. What's your system?

I haven't played it overly much, but I've found that the game is more CPU than GPU limited right now. I have a core i7 from a few years ago, and a 1060gtx, and I get around 20-30 FPS much of the time IF I set the game to high graphics. If I try to put it to low, my FPS drops to slideshow levels.

Hope that helps!
 
Reply Quote Edit Delete Report
 
14. Re: CIG Responds to Crytek Lawsuit Jan 7, 2018, 23:12 jdreyer
 
loomy wrote on Jan 7, 2018, 19:13:
I can't hear the sound of this loading screen lawsuit over the sound of me playing star citizen for hours this weekend

It was a slideshow for me. What's your system?
 
Avatar 22024
 
Stay a while, and listen.
Reply Quote Edit Delete Report
 
13. Re: CIG Responds to Crytek Lawsuit Jan 7, 2018, 21:51 Cutter
 
Jerykk wrote on Jan 7, 2018, 19:52:
I'm not sure how Crytek is even still alive. They haven't released a noteworthy game in years, their engine licensing business is a joke compared to Unreal and Unity, they bought the Homefront IP, did nothing with it and then sold it, they sold the CryEngine source code to Amazon and now they're probably going to lose a lawsuit.

Crytek is basically a lesson in poor business decisions.

I think that's it. Amazon has effectively put them out of business. I imagine after this is wrapped up we'll see them pulling the plug.
 
Avatar 25394
 
You've got to be cruel to be kind...in the right measure.
Reply Quote Edit Delete Report
 
12. Re: CIG Responds to Crytek Lawsuit Jan 7, 2018, 19:52 Jerykk
 
I'm not sure how Crytek is even still alive. They haven't released a noteworthy game in years, their engine licensing business is a joke compared to Unreal and Unity, they bought the Homefront IP, did nothing with it and then sold it, they sold the CryEngine source code to Amazon and now they're probably going to lose a lawsuit.

Crytek is basically a lesson in poor business decisions.
 
Avatar 20715
 
Reply Quote Edit Delete Report
 
11. Re: CIG Responds to Crytek Lawsuit Jan 7, 2018, 19:13 loomy
 
I can't hear the sound of this loading screen lawsuit over the sound of me playing star citizen for hours this weekend  
Reply Quote Edit Delete Report
 
10. Re: CIG Responds to Crytek Lawsuit Jan 7, 2018, 19:09 SlimRam
 
At this point it's almost like a race to the bottom for these two companies; who will self-destruct first.  
Avatar 57335
 
Reply Quote Edit Delete Report
 
9. Re: CIG Responds to Crytek Lawsuit Jan 7, 2018, 18:49 Timmeh
 
I don't get it.

it seems to me crytek has a valid claim.

just another case of ole what's his face ripping someone off and bloviating about it.
 
Reply Quote Edit Delete Report
 
28 Replies. 2 pages. Viewing page 1.
< Newer [ 1 2 ] Older >


footer

Blue's News logo