This court document has the Court's response to a Motion to Dismiss filed by
Cloud Imperium Games in response to the
lawsuit filed against them by Crytek
(thanks
[H]ardOCP). At issue is the use of CryEngine technology in
Squadron 42
and a switch away from the CryEngine for
Star Citizen, both of which
Crytek claims violates their contract.
Derek
Smart helps identify the key passages, though the outspoken developer is
barely less wordy than the original 22-page missive. It's the conclusion where
we find the court only granted two elements of the Motion to Dismiss, while the
rest of the lawsuit will proceed:
In light of the foregoing, the Court
GRANTS in part and DENIES in part the MTD as follows:
- The MTD is DENIED insofar as it seeks
dismissal of all causes of action alleged against Defendant RSI;
- The MTD is GRANTED insofar as it seeks
dismissal of the aspect of Plaintiff's cause of action for breach that is
based on section 2.1.2's "exclusive" grant to embed CryENGINE in the Game;
- The MTD is DENIED insofar as the request to
dismiss the cause of action for breach of contract is premised on California
Civil Code section 1655's implied condition and on section 6.1.4 of the GLA,
and insofar as Plaintiff's claim for breach is predicated on CryEngine's
allegedly unauthorized use in Squadron 42;
- The MTD is DENIED with respect to the
Plaintiff's cause of action for copyright infringement;
- The MTD's request that the Court dismiss
Plaintiff's prayers for relief is DENIED with respect to monetary
damages, injunctive relief, and statutory damages and attorney's fees, and
GRANTED with respect to punitive damages;
- The MTD's alternative request that the Court
strike allegations in Paragraph 15 of the FAC is DENIED.