CIG's Star Citizen Rebuttal to Crytek

Eurogamer reports on a new court document (which inspires a warning from Google, so use caution) filed by Cloud Imperium Games in response to Crytek's recent motion to dismiss their own lawsuit (thanks Korrd). The suit concerns whether CIG properly licensed the CryENGINE for Star Citizen and Squadron 42, their upcoming space games. Crytek asked the suit be dismissed without prejudice so it can be reopened in the future. Cloud Imperium is seeking a dismissal with prejudice, which would end the case for good and force Crytek to compensate them for some of their legal costs. Here's some of Eurogamer's summary of the new filing:
Following Crytek's motion to dismiss its own lawsuit, CIG has had its say, and in a strongly-worded court document moved to discredit Crytek's lawsuit. It described it as "meritless in light of CIG's separate licence with Amazon", and insisted GLA expressly grants CIG the right to use CryEngine and to develop Squadron 42.

CIG said in May 2019, Crytek "sheepishly and belatedly" emailed Amazon to ask if it had truly granted CIG a licence covering prior versions of CryEngine as well as Lumberyard. According to CIG, in that email, "Crytek conceded that an affirmative answer would likely tank its Squadron 42 claim." Amazon confirmed it licensed Lumberyard to CIG in 2016 - and that it included CryEngine in that licence.

"CIG's separate licence with Amazon operates as a complete defense against Crytek's remaining claims so they too never should have been brought," CIG says.

"Instead of acting responsibly even at that late moment, Crytek persisted, fought the bond motion, and dithered another seven months before bringing this motion."
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Re: CIG's Star Citizen Rebuttal to Crytek
Jan 20, 2020, 09:51
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Re: CIG's Star Citizen Rebuttal to Crytek Jan 20, 2020, 09:51
Jan 20, 2020, 09:51
 
Obligatory IANAL.

Eww, messy. The GLA grants CIG the right to use the engine for all features contained within the Star Citizen client. The GLA specifically mentions Squadon 42 as a feature, but if CIG breaks it off into a standalone game with its own client interface then that does indeed look like a violation of the agreement.

Technically you could probably work around that restriction by just wrapping everything up in a simplistic launcher, but if CIG intends to sell Squadron 42 as a standalone install then that looks like a clear violation of "the Game does not include any content being sold or marketed separately." DLC is allowable, but S42 doesn't look like DLC to me (at the moment) because CIG is selling a S42 package that doesn't even include Star Citizen as a download.
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