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juggalo baby coffin
Dec 2, 2007

How would the dog wear goggles and even more than that, who makes the goggles?


did anyone make a joke about going from face over ip to case over ip?

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D_Smart
May 11, 2010

by FactsAreUseless
College Slice

That DICK! posted:

i just talked to a pretty fancy lawyer and he's not as optimistic about this lawsuit as most. he says sicne the game isn't out and probably won't ever be they basically can't show profits and any money they collect related to the crowdfunding stuff would have to be stipulated in the contract CIG breached. also the permanent injunction only barely maybe stands a chance as it relates to squadron 42 not star citizen because that's all contract breach stuff not copyright infringement stuff

Yeah. That's why that attorney isn't working for a powerhouse like Skadden which doesn't take small cases, let alone meritless cases.

This is why you have good, not-so-good, and bad attorneys.

Nobody thought the injunction stood a chance. It's a freebie thrown in just in case they get a judge who just happened to be high that day. They are VERY difficult to get, but it's a few lines that's procedural in lawsuits like this.

As to the income, that's rubbish. It's income. The law doesn't care if it was via panhandling, crowd-funding or whatever. Plus, CIG/RSI did their work for them by PUBLICLY listing how much they had raised. Like right there on the loving website.

And it has NOTHING to do with expenses. Royalties are calculated on income based on gross or net; regardless it's still income.

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DapperDon
Sep 7, 2016

Golli posted:

This time it is CIG who are at the wrong end of a 'death by litigation' battle. They are used to being the side with attorneys that have nothing better to do than create work for a consumer (who typically doesn't have a large legal budget).

CIG will likely have to retain someone like Venable if they seriously want to prevail. And they are not cheap either, so it boils down to who has the resources for the long-haul. Skadden had the luxury of reviewing the case and its potential before taking it on and pushing it to this point. CIG is behind the eight-ball here.

The only thing they might have in their back pocket is one of the things Ortwin mentioned in his article, insurance to help defray these type of legal expenses.

There is nothing Ortwin has that would make a Firm like that decide to move forward and accept money from a client without knowing it had legs.

alf_pogs
Feb 15, 2012


tell us what's next derek, dangle the carrot no longer

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

peter gabriel posted:

CryTek: 'So if we win we get everything?'
Lawyer:'yup'
CryTek: 'Assets, rights, all of it?'
Lawer: 'yup, even their web site lol'
CryTek: 'and, and erm, their customers?'
Lawyer: 'yup, their customers, community, all of it'
CryTek: 'commm, community?'
Lawyer: Yes your honour our client would like to drop the case

Chris Roberts: “Black, jack, no take backs!”

He then races to the getaway copter for the long-rehearsed Plan B, the escape to South America to begin the next chapter in his unfolding narrative.

6 months later, a new video is released on Kickstarter.

CHRIS: “Hi, I’m Chris Roberts. Every since I saw Star Wars as a wide-eyed 8 year old, I dreamt of being a hot shot pilot and saving the galaxy or a lovable rogue making my way across the cosmos. It inspired me to make Wing Commander and everything I’ve done since then. 6 years ago after 13 years of making movies I was burned out and so I took a break but I never stopped watching movies nor loving them, and now? I’m ready to come back, and I’d like to show you what I’ve been working on...”

Scruffpuff
Dec 23, 2015

Fidelity. Wait, was I'm working on again?

DapperDon posted:

There is nothing Ortwin has that would make a Firm like that decide to move forward and accept money from a client without knowing it had legs.

Exactly. It still blows me away that some people are going into this legal theorycrafting with the assumption that CIG is some kind of corporate powerhouse. They're a company without a product, built from the ground up from gifted money, who have produced literally nothing of value for hundreds of millions of dollars which still isn't income because they've not delivered anything - it's debt. It's a giant IOU, regardless of whether or not they chose to call it a "pledge" or a "donation" - at some point you're pledging or donating toward something, in CIG's case a game they will never make.

This is not Microsoft, this is not Intel, this is not WalMart - gently caress, it's not even Rack Room Shoes. This is CIG - a company just shy of being imaginary. They just don't have the chops for this.

The Titanic
Sep 15, 2016

Unsinkable

SomethingJones posted:

I'm going to buy all the Crysis games and Far Crys to help fund the ELE

Spite buy!

Dusty Lens
Jul 1, 2015

All Glory unto the Stimpire. Give up your arms and legs and embrace the beautiful agony of electricity that doubles in pain every second.

So how much money do you think you have to pay Disney to get people who watch the new Star Wars film to look up your video game?

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS

peter gabriel posted:

Bugsmashing



gently caress it click ignore

It’s not Cryengine!

NARRATOR: It was always Cryengine.

The Titanic
Sep 15, 2016

Unsinkable

Colostomy Bag posted:

I think the saddest part about all this is the space news van might be delayed.

gently caress you’re right.

I’ll never get to make a hairy Roberts in the mixmaster. :(

I’m curious if their funding tracker will still hover magically around 80k a day after this. I can’t imagine anybody is thinking that Star Citizen has a chance at this point.

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

SomethingJones posted:

From the FDev forum
This is from user 'ZeeWolf' posted in response to a question about Erin's comment that they'd bought the engine outright. This is all over my head e: but seems to be saying that the license is perpetual? As in you don't get to terminate it?

It's rubbish. You're never - ever - buying the source in this sort of thing. You are buying a license to use the source code.

e.g.

https://twitter.com/Futterish/status/941071013223288834

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Goosfraba
Feb 26, 2016

Beer4TheBeerGod posted:

I wonder if they get all of the assets but none of the obligations to release anything.

Only the assets.

Mirificus
Oct 29, 2004

Kings need not raise their voices to be heard

juggalo baby coffin
Dec 2, 2007

How would the dog wear goggles and even more than that, who makes the goggles?


plus didnt original backers on kickstarter or w/e actually pay for the finished game, rather than 'pledging' for a no obligation space ship

Complications
Jun 19, 2014

juggalo baby coffin posted:

did anyone make a joke about going from face over ip to case over ip?
no but there was a joke about hand over IP

alf_pogs
Feb 15, 2012


hey any backers who are reading this and are maybe thinking it's a good time to get a refund - it's a good time to get a refund.

however, it's probably not a great time. a great time probably would have been a year ago. or even before that. every hour that ticks by, however, will be a progressively worse time to get a refund than the time before it.

i guess the moral here is to strike while the space-iron is hot. get a refund, citizen

https://www.reddit.com/r/starcitizen_refunds/

Propagandist
Oct 23, 2007

bun post


e:

The_Groove posted:

more like hand over IP
:aaaaa:

Propagandist fucked around with this message at 04:08 on Dec 14, 2017

Tokamak
Dec 22, 2004

SoftNum posted:

what

thats not how code works

thats not how anything works

what

CIG forked CryEngine 3.7 and modified it by over 50%.
Amazon forked CryEngine 3.8 and modified it by over 50%.
CIG rebased their branch onto Amazon's branch of CryEngine.
Miraculously this took 'a couple' of developers, 'a couple' of days.
Of course this is how code works.
Welcome to Star Citizen.

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Scruffpuff posted:

At least Sandi will get away scot-free, since nobody in the world will recognize her.

:vince:

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Mirificus
Oct 29, 2004

Kings need not raise their voices to be heard




No Mods No Masters
Oct 3, 2004

https://www.youtube.com/watch?v=8S01H7NIAd4

juggalo baby coffin
Dec 2, 2007

How would the dog wear goggles and even more than that, who makes the goggles?


Complications posted:

no but there was a joke about hand over IP

poo poo thats way better than mine

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Mirificus posted:



Linked post


uh-huh. This despite the fact that between Ortwin and Chris, they have a string of failed companies, several of which were sued into oblivion.

Yeah OK bud.

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Fortuitous Bumble
Jan 5, 2007

It's possible that Squadron 42 doesn't actually exist, right? Maybe they're thinking that this is their ace in the hole. They'll email the bank an empty Perforce directory labeled "Squadron 42" as collateral and ride off into the sunset.

Ursine Catastrophe
Nov 9, 2009

It's a lovely morning in the void and you are a horrible lady-in-waiting.



don't ask how i know

Dinosaur Gum

Dusty Lens posted:

So how much money do you think you have to pay Disney to get people who watch the new Star Wars film to look up your video game?



If what was mentioned upthread was true about CIG trying (and failing) to get SQ42 commercials into Star Wars trailers, plus this dropping the day of Star War's release, how much you want to bet it was entirely intentional and only lost some potential punch because CIG failed to deliver a video in time? :allears:

Sarsapariller
Aug 14, 2015

Occasional vampire queen

alf_pogs posted:

hey any backers who are reading this and are maybe thinking it's a good time to get a refund - it's a good time to get a refund.

Ah yes, the old chinese proverb:

"The best time to get a refund is 2 years ago. The second best time is now."

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

ewe2 posted:

A most astute observation from the Frontier forums:



Any comment from legal Goons? You'd think a termination clause would be absolutely necessary at a serious point of development. Well no, this is Chris Roberts.

I am aware of the GLA. There is no termination clause. And if there was one, CIG would have exercised it. Skadden would have seen it. And it would have been mentioned in the lawsuit as it's a material fact.

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Abuminable
Mar 30, 2017

Now, aside from the Abuminable, business goes on as usual.
I find it heartwarming that this filing makes it clear that CryTek have instructed their attorneys to go for the kill -- leave no opportunity for CIG to exist as an entity after the legal action has completed. They mad.

Ursine Catastrophe
Nov 9, 2009

It's a lovely morning in the void and you are a horrible lady-in-waiting.



don't ask how i know

Dinosaur Gum
Also for today's sensible chuckle, searching for "star citizen" in google's news section:


no such thing as bad publicity, right? right?

Mirificus
Oct 29, 2004

Kings need not raise their voices to be heard


Seven months ago

SpaceCurtisLeMay
Sep 30, 2016

We're at war with Goons. We were attacked by Goons. Do you want to kill Goons, or would you rather have Citizens killed?

Nyast posted:

I'm playing the devil's advocate here but.. maybe their defense is simply that LY, being based off CE means that they did not really switch to another engine ?

That, or they'll claim that the licensing contract was ambiguous and that switching to another engine wasn't forbidden.

From a licensing perspective Lumberyard and CryEngine are two separate products even though they share a common heritage. But Lumberyard is lumberyard and Amazon is allowed to distribute or sub license it out under the terms of the deal they made with CryTek. CryEngine is an entirely different product as far as licensing is concerned.

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Beer4TheBeerGod posted:

I wonder if they get all of the assets but none of the obligations to release anything.

They would be completely protected from any of that. In fact, these past months, it's been discussed to death behind the scenes. Whoever gets the assets, have ZERO liability or accountability to backers. Zero. None. Why? Because CryTek was not part of any legal obligations that CIG made with the world.

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D_Smart
May 11, 2010

by FactsAreUseless
College Slice

peter gabriel posted:

CryTek: 'So if we win we get everything?'
Lawyer:'yup'
CryTek: 'Assets, rights, all of it?'
Lawer: 'yup, even their web site lol'
CryTek: 'and, and erm, their customers?'
Lawyer: 'yup, their customers, community, all of it'
CryTek: 'commm, community?'
Lawyer: Yes your honour our client would like to drop the case

:laffo::laffo:

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D_Smart
May 11, 2010

by FactsAreUseless
College Slice

SoftNum posted:



what

thats not how code works

thats not how anything works

what

Oh yeah, Ben Parry, a n00b, was actually using that image to engage me in a technical discussion. Me, a guy with 30 years experience, 16 shipped games, three loving advanced degrees - including a Goddamn Ph.D - and BDSSE aspirations.

So I wrote a blog that almost got him fired from the fallout.

http://www.dereksmart.com/2016/12/star-citizen-irreconcilable-differences/

The hilarious part? Wait till his JPEG shows up in discovery. He is an employee of the company that made a public comment that's part of a material point in a lawsuit for which those very same aspects are in dispute. This is why you don't - ever - speak in ANY capacity o.b.o of your company - without permission.

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Crazypoops
Jul 17, 2017



Abuminable posted:

I find it heartwarming that this filing makes it clear that CryTek have instructed their attorneys to go for the kill -- leave no opportunity for CIG to exist as an entity after the legal action has completed. They mad.

Salt the earth, leave none alive.

The Titanic
Sep 15, 2016

Unsinkable

SoftNum posted:

Also it's illegal and punishable to file meritless law suits in the state of California. I'm sure Skadden knows this, and I seriously doubt they would've filed if they didn't think they could win. Of course "use CryEngine" is vague and who knows what the agreement says or escape hatches it has, but I'm unwilling to just dismiss this out of hand.

Also an injunction is an interesting question. On the one hand they are currently distributing the supposedly breaching work. On the other hand the induction would severely limit CIG's ability to pay a potential suit and damage it's IP greatly, which neither side really wants (probably, since presumably Cry wants paid)

They smell blood. Lots of blood. And that blood tastes like money.

Skadden took the case because they know they can win it. They’re going to get millions.

Star Citizen confidence has to be zero, or hugely negative. I imagine the amount of refund requests CIG experiences just went through the roof today.

You very literally need to be loving brain damaged to think you’re ever going to get your game, and that it’s time to cash out because any money you have in it is about to go to lawyers.

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

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crazy eyes mustafa
Nov 30, 2014

The_Groove posted:

more like hand over IP

:vince:

intardnation
Feb 18, 2016

I'm going to space!

:gary: :yarg:

G0RF posted:

JUDGE: “I find for the plaintiff and do hereby award them the largest pile of engineering debts in gaming history in addition to CIG’s toxic gaming community and their attendant dysfunctions and hopeless expectations.”

PROSECUTING ATTORNEY: “Wait! No!”

crycon 2019

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Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS
What am I gonna do with all these land claim spikes if I have no space game land to plant them in?! Oh noooooo!!!

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