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.
theyarecomingforyou wrote on Aug 21, 2018, 16:06:A "Legion of Derek®" supporter is identical to a tRump supporter. Nothing you say will change their mind.Kxmode wrote on Aug 20, 2018, 20:54:Oh, so now you don't trust Derek? If so then why do you trust him to accurately represent his legal team? He could be making it all up for all we know, which given his record of trolling would be highly likely.
Because I trust the lawyers and law firms he hires. Not Derek himself.Kxmode wrote on Aug 20, 2018, 20:54:Derek is a troll who has repeatedly lied to further his trolling campaign against Chris Roberts and CIG. You're trusting him to accurately represent the views of his legal team when we don't even know if they have been contacted... you know, because he's a fucking liar. Yet you're not interested in the legal analysis of an independent tech lawyer willing to go on record with his interpretation? Bizarre.
Sigh. You're deflecting, again. I already said there are lawyers for and against arguments. For the umpteenth time, that's not the point I've made repeatedly. It's not about who's right. It's about the interpretation of the law. Derek hired lawyers to give their thumbs up to his legal points. Whether or not you agree with them, that's another argument.Kxmode wrote on Aug 20, 2018, 20:54:And who gives us that information? Derek, a professional troll and proven liar. And that legal team is employed to represent Derek and his agenda. Independent means having no stake in the matter, which is obviously not an appropriate description for Derek's legal team who are employed to represent his interests. I mean that's a very basic concept. If you don't even understand what independent means then I really don't think we're going to get anywhere here.
The law firm Derek goes to to vet the information in the linked Op-Ed IS independent legal analysis because they have to confirm his legal points as correct otherwise he could get sued. It is you who refuse to acknowledge them because "Lawyer working with Derek = BAD!"
As usual you refuse to comment on the legal analysis of independent tech lawyers whilst treating Derek's assertions as gospel. It's frankly pathetic. I mean I'd at least like to see you provide evidence to refute Lior Leser and Leonard French's legal analysis. I'm perfectly willing to consider a different interpretation if it is supported by a lawyer and not a professional troll.
Look, we get it, you hate CIG and take every opportunity to evangelise others to your perspective. I don't have a problem with that. There's plenty of legitimate criticism of the project - delays, P2W, feature creep, business model, broad scope, etc - and I have expressed that on many, many occasions. But I will not stand idly by as you seek to legitimise Derek's trolling campaign, a man who lied about Sandi being racist, doxxed Chris Roberts' children, lied about staff departures and falsely prophecised the demise of the project for about half a decade now.
Derek is a scumbag and, if you're a decent person (and I like to believe that you are), then I would ask you to take a long hard look at yourself and ask why you are choosing to align with him instead of supporting your position through independent evidence. I'm honestly happy to discuss criticism of the project with you but you need to make your own points and support your position with credible evidence.
Kxmode wrote on Aug 20, 2018, 20:54:Oh, so now you don't trust Derek? If so then why do you trust him to accurately represent his legal team? He could be making it all up for all we know, which given his record of trolling would be highly likely.
Because I trust the lawyers and law firms he hires. Not Derek himself.
Kxmode wrote on Aug 20, 2018, 20:54:Derek is a troll who has repeatedly lied to further his trolling campaign against Chris Roberts and CIG. You're trusting him to accurately represent the views of his legal team when we don't even know if they have been contacted... you know, because he's a fucking liar. Yet you're not interested in the legal analysis of an independent tech lawyer willing to go on record with his interpretation? Bizarre.
Sigh. You're deflecting, again. I already said there are lawyers for and against arguments. For the umpteenth time, that's not the point I've made repeatedly. It's not about who's right. It's about the interpretation of the law. Derek hired lawyers to give their thumbs up to his legal points. Whether or not you agree with them, that's another argument.
Kxmode wrote on Aug 20, 2018, 20:54:And who gives us that information? Derek, a professional troll and proven liar. And that legal team is employed to represent Derek and his agenda. Independent means having no stake in the matter, which is obviously not an appropriate description for Derek's legal team who are employed to represent his interests. I mean that's a very basic concept. If you don't even understand what independent means then I really don't think we're going to get anywhere here.
The law firm Derek goes to to vet the information in the linked Op-Ed IS independent legal analysis because they have to confirm his legal points as correct otherwise he could get sued. It is you who refuse to acknowledge them because "Lawyer working with Derek = BAD!"
Prez wrote on Aug 21, 2018, 10:49:There's such a high slant of bias, I find his posts useless.
This is basically where I'm at. I'll admit, I have been a long time admirer of Derek Smart because he is a free spirit who does what he wants, says what he feels, and doesn't tow anyone's line. However, it can't be denied that he has a specific, vested interest in seeing RSI/CIG fail spectacularly - at this point he basically needs to be hoping for their monumental failure so his very adamant and very public declarations don't make him very publically wrong. That makes him about as far from an objective source as you can get.
There's such a high slant of bias, I find his posts useless.
Choobeastia wrote on Aug 21, 2018, 01:23:
So far as his legal analysis, it seems more likely that he sends things to his team of lawyers to make sure that he isn't opening himself up for a lawsuit, than that they are giving him in depth analysis of legal documents having to do with third parties. And he never made a distinction that they were specifically providing a service to analyze the CIG/Crytek documents, just to analyze what he was posting.
Kxmode wrote on Aug 20, 2018, 20:54:
Because I trust the lawyers and law firms he hires. Not Derek himself.
theyarecomingforyou wrote on Aug 20, 2018, 15:46:
It's also possible for you to cure cancer and colonise Mars... yet what is possible is not what is probable. I don't ask you to take my argument at face value but I certainly expect you to produce independent legal analysis supporting your position, which you have failed to do. Instead we get more bullshit saying 'I trust Derek's legal team' or 'you've got to listen to him because it's the only thing I have supporting my position'.
theyarecomingforyou wrote on Aug 20, 2018, 15:46:
Yet again you refuse to acknowledge Derek's repeated false claims and lies about the project, choosing instead to present him as a credible witness. To then claim you are objective is frankly astonishing.
theyarecomingforyou wrote on Aug 20, 2018, 15:46:
For those following this, Crytek has amended their complaint and there is a legal analysis of that over on YouTuber Law. The gist of it is that Crytek is misrepresenting contract law and whilst their claim that CIG is obligated to not promote another engine may survive the Motion to Dismiss it will ultimately be dismissed during discovery or subsequently afterwards.
theyarecomingforyou wrote on Aug 20, 2018, 15:46:
I'm sure Kxmode will be able to present a indepedent legal analysis showing the opposite... ha, just kidding. He'll just post more links to Derek's trolling campaign and/or offer to make love to him.
Kxmode wrote on Aug 20, 2018, 15:00:It's also possible for you to cure cancer and colonise Mars... yet what is possible is not what is probable. I don't ask you to take my argument at face value but I certainly expect you to produce independent legal analysis supporting your position, which you have failed to do. Instead we get more bullshit saying 'I trust Derek's legal team' or 'you've got to listen to him because it's the only thing I have supporting my position'.
theyarecomingforyou ignored that honest assessment. For die-hard backers everything said of the project gets filter through a binary lens of "for us or against us." He forgets that I'm not Derek. See, unlike Derek, it's possible for me to take an objective view of Roberts and Star Citizen, and find it's strengths and weakness.
jdreyer wrote on Aug 19, 2018, 16:54:Kxmode wrote on Aug 18, 2018, 22:11:Kosumo wrote on Aug 18, 2018, 20:36:
He dose not know what he is doing.
I'm pretty sure Chris knows what he's doing. He does have an unbeaten track record of producing favorite classics. Instead, the problem stems from Chris being both the CEO and the Creative Director. In most companies, these positions are separate so that one has to answer to the other. But Chris owns the company, and he's managing the direction of the game, so he doesn't have to respond to anyone. There's no one there to force his hand to say, "Chris, look. We can't do this. We have to place a stick in the ground and wrap up this project and get it shipped." No one is going to tell Chris this. There's no publisher above Chris to tell him this. CIG brings in millions a month, so he has a blank check to do whatever he wishes. That's the fundamental problem. It's less about skill and more about the lack of focus with zero oversight.
Nice summation. This is the key issue. And we've seen before what happens when this is the case: the Star Wars prequel trilogy.
Kxmode wrote on Aug 18, 2018, 22:11:Kosumo wrote on Aug 18, 2018, 20:36:
He dose not know what he is doing.
I'm pretty sure Chris knows what he's doing. He does have an unbeaten track record of producing favorite classics. Instead, the problem stems from Chris being both the CEO and the Creative Director. In most companies, these positions are separate so that one has to answer to the other. But Chris owns the company, and he's managing the direction of the game, so he doesn't have to respond to anyone. There's no one there to force his hand to say, "Chris, look. We can't do this. We have to place a stick in the ground and wrap up this project and get it shipped." No one is going to tell Chris this. There's no publisher above Chris to tell him this. CIG brings in millions a month, so he has a blank check to do whatever he wishes. That's the fundamental problem. It's less about skill and more about the lack of focus with zero oversight.
Kxmode wrote on Aug 18, 2018, 21:48:Yawn. Don't care.theyarecomingforyou wrote on Aug 18, 2018, 20:03:Kxmode wrote on Aug 18, 2018, 18:49:Trusting Derek to be objective and truthful about Star Citizen is like trusting Hitler to have a nuanced approach to Jewish relations... you can give him the benefit of the doubt at first but once he's killed a few million Jews perhaps it's time to not take everything he says at face value.
I approached Derek's post and posited most consist of legal points which he confirmed does get vetted by his legal team. You dismiss ALL of that and stoop to nothing more than playground antics and mud flinging.
My #4 comment: "Grab a cozy chair and blanket, toss some popcorn in the microwave, and buckle up for a 100+ comment thread that's likely to break Godwin's Law at some point."
Well, now it's official. You invoked Godwin's Law hard! This thread now contains all the essential ingredients to make it the best Star Citizen thread, ever! Congrats for driving it over the cliff!![]()
lol ;)
Kxmode wrote on Aug 18, 2018, 21:48:I'm not deflecting. I'm questioning the credibility of that information. You keep trying to build him up as a credible source of legal expertise regarding Star Citizen and I have repeatedly pointed out why that is absurd.
Your deflecting and deflecting hard! Everything I wrote in this thread - and this thread only - relates to the linked Op-Ed Derek published on his website. The vast majority of it contains legal points; I should know because I translated the thing. There was a lot of pushback from many saying, generally speaking, "Derek's not a lawyer, so his legal points are incorrect." That was a valid criticism. However, I repeatedly pointed out that they are not Derek's legal point, but his lawyers' since they verified them as accurate. Derek comes here and fully disclosed the lawyers and law firms that vet his legal points (he didn't have to). He told me on Twitter that his blogs "tend to get the quick legal review because nobody likes to be sued." The fact that you won't acknowledge that lawyers who practice law in the areas of what Derek is discussing have validated his points is a clear case of close-mindedness.
Kxmode wrote on Aug 18, 2018, 21:48:Where are the independent lawyers supporting Crytek's position? Again, Derek Smart is not a credible source of legal expertise. Please share independent legal advise supporting your position.
There are lawyers for and against arguments. We call them the prosecution and the defense. But that's not the gist of my comments in this thread. I am saying for the umpteenth time that Derek's Op-Ed piece linked from this thread is mostly a legal review of the receive MTD results between CIG and Crytek (stop deflecting to Derek's entire history; it's immaterial). Regardless of whether you hate the guy or not Derek had his lawyers vet his legal points so that they cannot be dismissed as worthless.
Kxmode wrote on Aug 18, 2018, 21:48:There was no obligation for them to declare their relationship, nor for her to justify her expertise. She is responsible for coordinating the most successful crowdfunding project in history. I don't care if all she did prior to that was to make sandwiches in a cafe, it's about results and she has more than warranted her position. Meanwhile Derek has attacked her marriage, attacked her children, attacked her professionality by spreading lies about racism, etc. That doesn't sound like something a decent person would do. Derek is obsessed. He is jealous. He is bitter. Yet to you he is a credible source of information about Star Citizen, which speaks very poorly of your judgement and objectivity.
Really? Are you going there? It's not about acting. It's able lying to people about who she is in relation to Chris Roberts. I agree that "doxing" is loathsome and people should never do it! However, when Derek repeatedly told everyone Sandi is Chris' wife, everyone dismissed Derek as being full of it until the fact that she is Chris' wife became known. Once that happened her role at CIG changed. Her experiences as a marketing director were called into question under allegations of nepotism. Primarily because in her interviews where they asked about her credentials she claimed several qualifications from schools who had no record of her visit.
Kxmode wrote on Aug 18, 2018, 21:48:Whether someone is good at their job is irrelevant to whether they should have that job? Hmmmm, okay.
Regardless, I will say that clearly, the staggering success of Star Citizen reveals that Sandi does have skills, and she is a great marketing director. But all of that is irrelevant the point I've repeatedly stated ad nauseam.
Drayth wrote on Aug 18, 2018, 20:21:Of course. I wouldn't expect anything more from him.theyarecomingforyou wrote on Aug 18, 2018, 20:03:
Please watch this video from 2015
And Derek will continue to insist that since she's an actress the whole thing was just an act.
Kosumo wrote on Aug 18, 2018, 20:36:How does any of that justify Derek harassing their children? Because I would have to say you really are brainwashed if you consider that behaviour acceptable.
HAHHAHAH Brainwashed.
Sandi Gardiner is a liar. She is married to Chris Roberts, also a liar. Their children where in the kickstarter video not due to Derek Smart, but because they put them there.
Derek Smart pointed this out, both that they where married and that their children where in the kickstarter video to show this.
Their children, at a very young age (they did not do it, one of their perents did) had imdb pages (which are open to public viewing) to which Derek pointed.
Kosumo wrote on Aug 18, 2018, 20:36:No, the pledge was to release an audit of the funds and the way they were spent if the project were to close down, which hasn't happened. The scope of the game changed when instead of raising $2 million it went on to raise $180 million. If Chris Roberts had made the same game that was originally pledged and just pocketed the rest there would be outrage. The only sensible option was to increase the scope and fidelity of the game but for it to be substantially delayed as a result.
Meanwhile, Chris Roberts decided to change the fact that at the time he started the kickstarter and his in house public crowd funding (by selling internet spaceships … not 'pleadges to a vision') that he was now not going to follow up on his "pledge" he made and if he had not completed the release of the project by a set time (?November 2015?) he would release the finances of the kickstarter and where the money has been spend.
Kosumo wrote on Aug 18, 2018, 20:36:No, the reality of the situation changed. Delays happen in video games, especially among studios with ambitious titles. There were only a handful of employees when the Kickstarter launched and they've had to rapidly expand to meet the demands of the game. Planets were originally intended to be just textured spheres with a landing zone that you'd get to be going through a transition and now they're procedurally generated and fully explorable. There were going to be a handful of ships that were low fidelity and now there are 120 ships, some over a kilometer long and fully modelled inside and out. The game added first-person combat, which was originally only a stretch goal and now a major part of the game.
No, Chris lied, and then changed the Terms Of Conditions.
Kosumo wrote on Aug 18, 2018, 20:36:No publisher would commit to a project like Star Citizen back then because the genre had been effectively dead for a decade and the demand for a AAA space-sim was completely unknown. No publisher back in 2012 would have handed over $180 million to develop the game on the basis that it would only be released when it's ready rather than to meet shareholder expectations. Even now, with all the success it's had, no publisher would touch it because they'd want to place conditions and restrictions on any funding, to force the game to be released even if it's not ready.
No Publisher wanted to work with Chris Roberts because he is a game design/project manager failure. He dose not know what he is doing.
Kosumo wrote on Aug 18, 2018, 20:36:No, actually. Game developers are paid high salaries because it is a competitive and skilled profession; studios cost a lot to run. Publishing that information only gives ammunition to trolls when we can see all the money being invested in the development through regular content updated and gameplay previews. If the project were to fail then absolutely I'd demand an audit to see how it was mismanaged and that has already been promised by CIG should it come to that.
Do you not want the lawsuit to show 'discovery' of where the money, which has come from backers has been spend … what do they have to hide?
Kosumo wrote on Aug 18, 2018, 20:36:
He dose not know what he is doing.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:Kxmode wrote on Aug 18, 2018, 18:49:Trusting Derek to be objective and truthful about Star Citizen is like trusting Hitler to have a nuanced approach to Jewish relations... you can give him the benefit of the doubt at first but once he's killed a few million Jews perhaps it's time to not take everything he says at face value.
I approached Derek's post and posited most consist of legal points which he confirmed does get vetted by his legal team. You dismiss ALL of that and stoop to nothing more than playground antics and mud flinging.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:
Derek has lied about the project from the start and harassed the developers and their families. His behaviour brought Sandi Gardiner to tears and I have no tolerance for Derek or the people that would defend his actions.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:
So Derek isn't a troll but merely someone critical of the game's scope and promises made? Bullshit. Don't even try that nonsense here.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:
People have posted links to independent lawyers like Lior Leser and Leonard French who agree that Crytek is misrepresenting basic contractual clauses and concealing importance information from the court. They have looked at the lawsuit and said it is unlikely to succeed. Yet rather than consider their legal opinions you persistently try to claim that Derek Smart, a known liar and troll, has consulted with his legal team and has the definitive position on the matter.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:
Please watch this video from 2015 with Sandi Gardiner, who was brought to tears by the campaign of harassment that Derek unleashed on her. Look at the emotional impact his actions have on other people. I spoke to Sandi shortly after that speech about Derek and she gave me an insight into his campaign of hate against her, her family and CIG. I will always stand up to bullies like Derek. I have no interest in being respectful towards Derek Smart when his hateful actions have had a devastating personal impact on those targeted, nor those that would try to legitimise him. I absolutely will call you out on your bullshit.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:
Please watch this video from 2015 with Sandi Gardiner, who was brought to tears by the campaign of harassment that Derek unleashed on her. Look at the emotional impact his actions have on other people. I spoke to Sandi shortly after that speech about Derek and she gave me an insight into his campaign of hate against her, her family and CIG. I will always stand up to bullies like Derek. I have no interest in being respectful towards Derek Smart when his hateful actions have had a devastating personal impact on those targeted, nor those that would try to legitimise him. I absolutely will call you out on your bullshit.
theyarecomingforyou wrote on Aug 18, 2018, 20:03:
Please watch this video from 2015