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IncredibleIgloo
Feb 17, 2011





I would think CIG would have included the termination letter and proof that it was received if they were to say the gla was terminated. So, don't think that is going to work out for them.

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Shadowlyger
Nov 5, 2009

ElvUI super fan at your service!

Ask me any and all questions about UI customization via PM

Aesaar posted:

How does this sort of thing handle code explicitly built upon proprietary code? For instance, CIG's whole 64-bit precision and their local physics grids are obviously built on top of and interact directly with CryEngine object code. So who owns that new code in the event CIG need to get rid of any Crytek code? Is it CIG's because they wrote it, or is it Crytek's because it wouldn't have been writeable in the first place without their code?

Any modifications they made to CryEngine were supposed to be sent back to CryTek, so I imagine the latter.

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.

CrazyTolradi posted:

I'm not sure if anyone has noted how fitting it is that Crobber is going to be exiled from the gaming industry in the same way he was exiled from Hollywood.

Well Crytek may have been burned by deciding to work with Chris but on the plus side one look at the community just shows how much of a loyal fanbase they've gained by gambling their financial future and the livelihoods of their employees by daring the impossible and bringing space games back.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.
Once again I found myself watching Brian Chambers conversation with Batgirl about the Lumberyard switch and noticed a couple of new things.

First, when he first hears her mention of Lumberyard, he chuckles to himself.

Second, after he talks about the legal trickiness of the switch, he states that “after everything was inked and dotted” they were finally able to talk about the switch publicly. Presumably, the inking and dotting was with Amazon. Perhaps I’m reading too much in but one assumes the need to not discuss it publicly beforehand was to keep Crytek oblivious to their plans? The switch in itself needn’t have been controversial with backers yet the involvement of lawyers and need to keep plans quiet until after deals were inked seems suggestive that cig’s lawyers knew they were in dicey territory.

Maybe there’s another way to interpret this but that seems like the clearest reading to me.

IncredibleIgloo
Feb 17, 2011





This is the first time we expected something in 2 weeks and CIG delivered early!

EggsAisle
Dec 17, 2013

I get it! You're, uh...
Interesting stuff! The bits from the GLA that stand out to me so far are: (note: I have no legal training or expertise.)

WHEREAS Licensee desires to use, and Crytek desires to grant the license to use, the "CryEngine" for the game currently entitled "Space [sic] Citizen" and its related space fighter game "Squadron 42," together hereafter the "Game", pursuant to the terms and conditions of this Agreement;

I'd have to read the complaint again, or maybe there's something else I'm missing, but it does sound like CIG is covered in this respect.

Crytek grants to Licensee a world-wide, license only:

2.1.2. to exclusively embed CryEngine in the Game and develop the Game which right shall be sublicensable pursuant to Sec. 2.6);


CIG is claiming this translates to something like "Only CIG are allowed to use CryEngine to make the game."

Crytek is claiming this translates to something like "CIG are only allowed to use CryEngine to make the game."


I'll grant that the wording is a bit ambiguous, but I think the commonsense reading favors Crytek's version.

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

G0RF posted:

Second, after he talks about the legal trickiness of the switch, he states that “after everything was inked and dotted” they were finally able to talk about the switch publicly. Presumably, the inking and dotting was with Amazon. Perhaps I’m reading too much in but one assumes the need to not discuss it publicly beforehand was to keep Crytek oblivious to their plans? The switch in itself needn’t have been controversial with backers yet the involvement of lawyers and need to keep plans quiet until after deals were inked seems suggestive that cig’s lawyers knew they were in dicey territory.

My thought would be "we started doing work with lumberyard before the contract was signed but we couldn't come out and say that or our lawyers would pitch a fit", but who knows

Truga
May 4, 2014
Lipstick Apathy

boviscopophobic posted:

Comedy addendum: they really did invoke the "wrong company" defense.

This is the "so you're saying that company that didn't have a license at all is doing this?" way of getting hosed by skadden c/d?

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



Tortolia posted:

I am so confused right now. Are they trying to ninth-dimensional-chess their legal defense? :psyduck:
It's amazing. Their position is basically that 1) the GLA gives them license to use it in both the Star Citizen and Squadron 42 game, and that 2) even if it didn't, they aren't using it anymore so what's your beef?



Also, hands up who called this first because I know for a fact someone did

quote:

The GLA shows on its face that defendant RSI is not even a party to the GLA
and has no business being named at all. For all these reasons, described in more detail
below, the FAC should be dismissed in its entirety, with prejudice.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.
In other Batgirl news...

:lol:

After her two minute tale of errors upon frustrations (clipping errors, dragonflies stuck in scaffolding, broken legs and more) to no end, the punchline:

“and I think that’s a perfect example of why I like this game.”

G0RF fucked around with this message at 08:52 on Jan 6, 2018

Blue On Blue
Nov 14, 2012

Does no one find it hilarious that the fictional entity that Sandi is using to send out these invites, is a bank ?

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



EggsAisle posted:

Interesting stuff! The bits from the GLA that stand out to me so far are: (note: I have no legal training or expertise.)

WHEREAS Licensee desires to use, and Crytek desires to grant the license to use, the "CryEngine" for the game currently entitled "Space [sic] Citizen" and its related space fighter game "Squadron 42," together hereafter the "Game", pursuant to the terms and conditions of this Agreement;

I'd have to read the complaint again, or maybe there's something else I'm missing, but it does sound like CIG is covered in this respect.
Haha maybe if they didn't read the GLA definitions of "the Game"

quote:

For the avoidance of doubt, the Game does not include any content being sold and marketed separately, and not being accessed through the Star Citizen Game client, e.g. a fleet battle RTS sold and marketed as a separate, standalone PC game that does not interact with the main Star Citizen game (as opposed to an add-on / DLC to the Game).;

Features -
- Sqaudron 42: Single Player - Offline or Online ((Drop in / Drop out co-op play)
- Star Citizen: Persistent Universe (hosted by CIG)
- Mod-able multiplayer (hosted by player)

Good thing they've always been very clear that Squadron 42 is an included play mode add-on for Star Citizen!
https://robertsspaceindustries.com/pledge/Packages/Squadron-42-Standalone-Pledge
Whoops! Someone fix that url.

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS

Blue On Blue posted:

Does no one find it hilarious that the fictional entity that Sandi is using to send out these invites, is a bank ?

Sandi pretending to be someone important and powerful? Well I never!

Abuminable
Mar 30, 2017

Now, aside from the Abuminable, business goes on as usual.

Ursine Catastrophe posted:

to resist it is useless
it is useless to resist it
his company is smoking but it never seems to crash
he is grooming his whales, he is living comfort eagle
you can meet at his location but you better come with cash
now his head is on backwards
he can show you his snafus
he is in the movie business
he is calling you whoa did ehp did eh woh did

:bravo:

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.

I'm calling the judge taking off his/her glasses and saying "In all my years"

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS

Dusty Lens posted:

I'm calling the judge taking off his/her glasses and saying "In all my years"

“I never quite believed that Derek Smart would call it... but then I read this here July Blog!”

Regrettable
Jan 5, 2010



boviscopophobic posted:

Legal docs (not doxx), grab them while they're hot. Includes CIG's response, a motion to dismiss, and a copy of the GLA.

https://drive.google.com/drive/folders/1mPjfXrjAf9RUq3_5cJgd-hF-I5XoCQta

Comedy addendum: they really did invoke the "wrong company" defense.

:gizz:

boviscopophobic
Feb 5, 2016

Ghostlight posted:

Also, hands up who called this first because I know for a fact someone did

It doesn't take a Nostradamus to guess they'd trot out their beloved wrong company defense. Here's another recent instance, unverified $12.8k refund so take it with a large grain of salt though:

/r/starcitizen_refunds posted:

Anyway just this wednesday cig responded to the case with a statement identical to what juicy said they would respond with, basically they deny any knowledge of robert space industries in the UK and say "we are in no way connected to such an enterprise and not liable to answer on their behalf". I then replied and updated the case using the reply juicy had already given me at the start knowing that would say that, pointing out cig has responded to letters from other people writing to robert space industries both on this subreddit and the BBB, and that the directors of all enterprises are the legally registered same people. The very next day (thursday) I got an email from some woman called schala at cig that the ID was no longer required and they would go ahead and issue a full refund but asked that I drop the small claims court case. Today I check my PayPal and the money has arrived!!!!

https://www.reddit.com/r/starcitizen_refunds/comments/7ocih9/a_christmas_miracle_i_cant_ever_thank_you_guys/

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



Here is something that I have to agree with - the lawyers play an insane shell game on Squadron 42 that just might work.

Essentially, they say that Squadron 42 was covered during development by the GLA because it was part of Star Citizen. Therefore their use of CryEngine was fine.
But, when they decided to make it a standalone game it was developed using Lumberyard and not CryEngine and therefore it was not in breach of the GLA provisions banning them from using CryEngine for more than one game.

Now, I know what you're thinking. "But Squadron 42 was supposed to release in 2014!" and that's correct. But; in fact, and as legally stated, development on it only started in late 2016.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

boviscopophobic posted:

It doesn't take a Nostradamus to guess they'd trot out their beloved wrong company defense. Here's another recent instance, unverified $12.8k refund so take it with a large grain of salt though:


https://www.reddit.com/r/starcitizen_refunds/comments/7ocih9/a_christmas_miracle_i_cant_ever_thank_you_guys/

If no Switcheroo, the refund’s due?

Kosumo
Apr 9, 2016

The Titanic posted:

Oh and if you feel that sudden, unyeilding urge that you just MUST throw money at the screen.. it's ok. I am, after all, the best marketer in the world since I was a little girl.

I started young, at like 5, and one day the actual Monopoly guy came by to buy a lemonade from my stand, and he ended up selling me Boardwalk AND Park Place.

I only got better too, because when I was in college by like 16, I already was designing shoes. In fact you can see all my designs at *cough ahem cough*

But I am humble, so I don't want to overshadow people, because I know I am also the smartest person in the room. It almost pains me to have to suffer through needing to be in the same room as programmers, other lesser marketers, and basically everybody who is not a smart and famous actor. Because I too am an actress.

Perhaps you saw me in my recent movie I was the star in? That American Satan thing? Yeah, I'm in it. Don't google it though and expand the cast list, because I think Google made a mistake and forgot to put me at the front. It's alright, I've been harassed online before so I know Google is just trying to protect my fragile emotions.

So yeah *licks inside of her mouth so it looks like she's sucking a dick for a moment* look for me in movies. Oh yeah and buy that one game Space Citizen, which I am marketing 24/8. The new single player CAMPAIGN MODE also has my favorite number in it... 42. Tee hee.

Hey, hang on a second, you sound like famous tickle porn actress Mae Demming?

EggsAisle
Dec 17, 2013

I get it! You're, uh...
Waitaminute, what's this?

quote:

During the Term of the License, or any renewals thereof, and for a period of two years thereafter, and for a period of two years thereafter, Licensee, its principals, and Affiliates shall not directly or indirectly engage in the business of designing, developing, creating, supporting, maintaining, promoting, selling, or licensing (directly or indirectly) any game engine or middleware that compete with CryEngine.

That looks, uh, pretty damning...

Zzr
Oct 6, 2016

Potato Salad posted:

I'm only up to page 3392, but goddamn holy poo poo MoMA is in that amazing overlap of unknowledgeable and vocal.

Angry and stupid ManofManyAlliases/Toast/Erris best ManofManyAlliases/Toast/Erris.

less than three
Aug 9, 2007



Fallen Rib
Can't omit their "You're suing the wrong shell company so it should be dismissed."

quote:

A. RSI is Not a Party to the GLA
Under California law, “a plaintiff cannot maintain a breach of contract claim
against an entity who is not a party to the contract.” Barnhart v. Points Dev. US Ltd., No.
16 Civ. 2516, 2016 WL 3041036, at *3 (C.D. Cal. May 25, 2016). Here, though the FAC
alleges that “Defendants” (defined as CIG and RSI) entered into the GLA with Crytek
(FAC ¶ 15), in fact the sole parties to enter into the GLA were Crytek and CIG. See GLA
at 1 (defining “Parties” as Crytek and CIG) and 16 (signature block); Amendment at 1
(defining “Parties” as Crytek and CIG) and 4 (signature block). Crytek does not and
cannot allege that RSI is a party to the GLA. Id.
Crytek’s Initial Complaint contained no allegations whatsoever regarding RSI, nor
did it explain why RSI is included as a defendant to the breach of contract or copyright
infringement claims.
See Initial Complaint [ECF 1], passim. In an attempt to remedy
that deficiency, Crytek added a single sentence to the FAC: “By their actions and
conduct, Defendants established that RSI was bound by the GLA as if it were a signatory
thereto.” FAC ¶ 54. This “threadbare” allegation, which fails to identify any “actions” or
“conduct” by RSI that would bind it to a contract between two other parties, is entirely
conclusory and provides no basis for naming RSI as a defendant to either claim in this
action.
See Ashcraft, 556 U.S. at 678 (“[t]hreadbare recitals of the elements of a cause of
action, supported by mere conclusory statements” insufficient to overcome motion to
dismiss).
Accordingly, the claims against RSI should be dismissed. See Barnhart, 2016 WL
3041036, at *3 (dismissing claim for breach of contract against non-party to contract);
see also Conder v. Home Sav. of Am., 680 F. Supp. 2d 1168, 1174 (C.D. Cal. 2010)
(same)

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



EggsAisle posted:

Waitaminute, what's this?


That looks, uh, pretty damning...

That's just a non-compete clause intended to stop anyone licensing CryEngine, mining it for ideas, then developing their own engine. They'd be pushing poo poo uphill trying to get it to be read as binding CIG to not be able to use another game engine for development+two years.

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

Ghostlight posted:

That's just a non-compete clause intended to stop anyone licensing CryEngine, mining it for ideas, then developing their own engine. They'd be pushing poo poo uphill trying to get it to be read as binding CIG to not be able to use another game engine for development+two years.

lmao if star engine gets brought up

Regrettable
Jan 5, 2010



Ghostlight posted:

Here is something that I have to agree with - the lawyers play an insane shell game on Squadron 42 that just might work.

Essentially, they say that Squadron 42 was covered during development by the GLA because it was part of Star Citizen. Therefore their use of CryEngine was fine.
But, when they decided to make it a standalone game it was developed using Lumberyard and not CryEngine and therefore it was not in breach of the GLA provisions banning them from using CryEngine for more than one game.

Now, I know what you're thinking. "But Squadron 42 was supposed to release in 2014!" and that's correct. But; in fact, and as legally stated, development on it only started in late 2016.

Isn't that an admission that they committed fraud when they claimed the game was in development much earlier than it actually was?

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

Regrettable posted:

Isn't that an admission that they committed fraud when they claimed the game was in development much earlier than it actually was?

Doubt they could get in real trouble for that even if the backers gave a poo poo

kilus aof
Mar 24, 2001

Ghostlight posted:

Here is something that I have to agree with - the lawyers play an insane shell game on Squadron 42 that just might work.

Essentially, they say that Squadron 42 was covered during development by the GLA because it was part of Star Citizen. Therefore their use of CryEngine was fine.
But, when they decided to make it a standalone game it was developed using Lumberyard and not CryEngine and therefore it was not in breach of the GLA provisions banning them from using CryEngine for more than one game.

Now, I know what you're thinking. "But Squadron 42 was supposed to release in 2014!" and that's correct. But; in fact, and as legally stated, development on it only started in late 2016.

But during this time they were claiming British tax credits on Squadron 42 because it was separate to Star Citizen. It will be funny if in the process of defending against Crytek they expose tax credit fraud.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.
The punchline — after a half hour of bugs, anecdotes about worse ones removed from the edit, comments about terrible frame rates, and the performance of some very light cargo mission work without combat or anything resembling fun:

”...potentially the greatest game ever made.”

Truga
May 4, 2014
Lipstick Apathy

Ursine Catastrophe posted:

lmao if star engine gets brought up

It already was, somewhere in the legal papers is a link to the time stamp of a video, where chris says "we call it star engine now". lol

Ayn Marx
Dec 21, 2012

G0RF posted:

If no Lis Alibi Pendens, Vive Vas Deferens?

Pas de qui pro quo ? Objection votre honneur !

Regrettable
Jan 5, 2010



Ursine Catastrophe posted:

Doubt they could get in real trouble for that even if the backers gave a poo poo

This might come as a shock to you, but fraud is a criminal offense. It doesn't matter if the backers give a poo poo.

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



Regrettable posted:

Isn't that an admission that they committed fraud when they claimed the game was in development much earlier than it actually was?
Maybe, but that's not material to this lawsuit :v:

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

Regrettable posted:

This might come as a shock to you, but fraud is a criminal offense. It doesn't matter if the backers give a poo poo.


looks at trump

yeah i'll believe things matter when i see it i guess :nallears:


e: "yes we were developing SQ42 in storyboards and motion capture but we didn't commit to an engine until lumberyard"

Regrettable
Jan 5, 2010



Ursine Catastrophe posted:

looks at trump

yeah i'll believe things matter when i see it i guess :nallears:


e: "yes we were developing SQ42 in storyboards and motion capture but we didn't commit to an engine until lumberyard"

They were selling it as almost complete, though. It might be more plausible for them to say that they started development in CryEngine but halted it once they announced it as a standalone so they could start over in Lumberyard. It's late and I didn't read that part so maybe I'm off base here.

Trilobite
Aug 15, 2001

boviscopophobic posted:

Comedy addendum: they really did invoke the "wrong company" defense.

Can anyone explain what exactly the difference between CIG and RSI is supposed to be? Like, if CIG is the company that's signing the GLA with Crytek and trying to make a game, what is RSI doing? Does it have any role in game development, or is it just there for business reasons (moving money, or hiding money, or paying extra salaries to important executives), or is it doing some kind of overall project management, or what?

Because if RSI has employees on its payroll and some of those employees are/were working with CryEngine, then I don't see how CIG's lawyers can argue that RSI doesn't qualify as an "affiliate" of theirs under the GLA. And if they're an affiliate, the GLA seems to suggests that they're very much on the hook.

Trilobite fucked around with this message at 09:58 on Jan 6, 2018

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

Ayn Marx posted:

Pas de qui pro quo ? Objection votre honneur !

If no pot left to piss in, the court won’t listen?

Zzr posted:

Angry and stupid ManofManyAlliases/Toast/Erris best ManofManyAlliases/Toast/Erris.

less than three posted:

Can't omit their "You're suing the wrong shell company so it should be dismissed."

I thought MoMA had many aliases but turns out that’s the foundation of CIG’s entire legal defense strategy.

Are you sure you’re not Toast, MoMA? Or are you “not Toast” in the same way “Robert Space Industries” is not “Roberts Space Industries”?

Ashye
Jul 29, 2013

Ghostlight posted:

Here is something that I have to agree with - the lawyers play an insane shell game on Squadron 42 that just might work.

Essentially, they say that Squadron 42 was covered during development by the GLA because it was part of Star Citizen. Therefore their use of CryEngine was fine.
But, when they decided to make it a standalone game it was developed using Lumberyard and not CryEngine and therefore it was not in breach of the GLA provisions banning them from using CryEngine for more than one game.

Now, I know what you're thinking. "But Squadron 42 was supposed to release in 2014!" and that's correct. But; in fact, and as legally stated, development on it only started in late 2016.

(non lawyer idiot posting)

That might play out for the 2 games under one license but doesn't that still gently caress them in not displaying crytek/cryengine logos on whatever game they're still developing?

And reading the termination section if they did stop using CE they'd have to give everything back (as listed in Exhibit 1 I think) to CE and redo poo poo in LY.
Unless that's what they're trying to claim the 'two days' switchover was, replacing their custom code on the branch of LY (which I don't think works that way, I'll leave it up to the programming goons to talk about that idea)

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Kosumo
Apr 9, 2016

EggsAisle posted:

Interesting stuff! The bits from the GLA that stand out to me so far are: (note: I have no legal training or expertise.)

WHEREAS Licensee desires to use, and Crytek desires to grant the license to use, the "CryEngine" for the game currently entitled "Space [sic] Citizen" and its related space fighter game "Squadron 42," together hereafter the "Game", pursuant to the terms and conditions of this Agreement;

I'd have to read the complaint again, or maybe there's something else I'm missing, but it does sound like CIG is covered in this respect.

I agree that that does seem to cover CIG at that point, unless Crytek are claiming at the point where CIG started to sell them separately (the valentines day split) they then became 'two' games as oppesed to 'two' games in one package which was to the oringal contract.

(some poo poo spelling in there - I could be the CIG legal dude)

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