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Cao Ni Ma
May 25, 2010
Probation
Can't post for 5 hours!
Man the only thing left is the Chris Robert defense. Please please please let the Chris Robert defense be real

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AP
Jul 12, 2004

One Ring to fool them all
One Ring to find them
One Ring to milk them all
and pockets fully line them
Grimey Drawer
http://fkks.com/attorneys/jeremy-goldman

Jeremy S. Goldman is a partner in the Litigation Group, focusing on entertainment, media, intellectual property, commercial and privacy law.

Jeremy is an experienced commercial litigator who regularly counsels clients through challenging disputes and incidents, achieving success both inside and outside the courtroom. Deploying more than a decade of experience, a natural curiosity, and “type A” intensity, Jeremy cuts to the heart of any matter, zeroes in on dispositive evidence, and moves clients ahead and toward their business goals. He is widely respected as a passionate oral advocate, persuasive writer and skilled negotiator.

Jeremy has been the lead attorney in many high stakes trials, arbitrations, mediations and litigations, including representing Hasbro in a closely watched federal trial over the motion picture rights to Dungeons & Dragons, and The Authors Guild in its copyright infringement claims against Google Books. He recently helped the leading children’s book publisher, Scholastic Inc., defeat a motion in federal court seeking to restrain publication of an important book about art only days before its publication date. Jeremy has also led numerous federal and state investigations into alleged consumer protection, data privacy and antitrust violations, helping large brands and corporations conduct and respond to regulatory inquiries and obtain favorable outcomes.

Jeremy has litigated a broad spectrum of complex commercial cases, with special expertise in the media, entertainment, advertising, technology and interactive industries. Many of his cases arise from breach of contract, copyright and trademark infringement, right of publicity, false advertising, intermediary liability (DMCA and CDA § 230), privacy, defamation, IP licensing and chain of title matters. Well-known consumer brands, award-winning creative agencies, and leading production companies call on Jeremy to handle the full range of issues that pop up on and off the set, including claims related to production mishaps, talent disputes, licensing, intellectual property, indemnification and insurance.

Jeremy also advises clients on a range of issues involving privacy and data security, combining his experience and instincts as a litigator with a deep technical understanding of computers, software and the Internet. Among other matters, Jeremy assists clients in responding to security incidents and data breaches; reviewing, designing and implementing data security programs; complying with the Children’s Online Privacy Protection Act (COPPA) and other privacy laws; and responding to federal and state regulatory inquiries.

Jeremy has written and presented extensively on copyright, entertainment, privacy, data security and other matters. His published work appears in The Lexis Practice Advisor and Bloomberg’s Federal Practice Law Reports, and he has been quoted in Deadline Hollywood, Hollywood Reporter, ZD Net, PC World, Quartz, Courthouse News, and other media. Variety included Jeremy in its Legal Impact Report for 2015.

Jeremy is Co-Chair of the Los Angeles Chapter of The Copyright Society of the USA, Secretary of the IP, Internet & New Media section of the Beverly Hills Bar Association and an active member of the International Association of Privacy Professionals. The International Association of Privacy Professionals has certified Jeremy as a Certified Information Privacy Professional (CIPP/US).

In 2015, after spending eight years with the firm in New York, Jeremy moved across the country with his wife and two children to help launch Frankfurt Kurnit’s LA office. He is admitted to practice in New York and California.

You can follow Jeremy on Twitter at @ipprivacylawyer.

https://twitter.com/ipprivacylawyer/status/923267733122195456

AP
Jul 12, 2004

One Ring to fool them all
One Ring to find them
One Ring to milk them all
and pockets fully line them
Grimey Drawer
passionate oral advocate

Xaerael
Aug 25, 2010

Marching Powder is objectively the worst poster known. He also needs to learn how a keyboard works.

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.

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.

Yeah, I just hit that part. I mean... you'd have to be a total retard to think that CIG's version was fact. "Crytek LITERALLY gave us CryEngine FOREVER, and no one else is EVER allowed to use it!"

loving retarded. CryTek is a company that survives purely on people using it's loving engine you loving retards. RETARDS. WALL TO WALL RETARDS. LOOK AT THE RETARDS.

I swear, when this come to trial, and CIG's crew is called into the room, if this doesn't play while the Judge yells at the top of her voice "LADIES AND GENTLEMEN! THE RETARDS FROM CIG!!! (and the idiots defending them)", it's a missed opportunity.

https://www.youtube.com/watch?v=8LQftYK2n8o

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS
Lack of GIFs and emoji in my outlook for Chris Roberts, too

Xaerael
Aug 25, 2010

Marching Powder is objectively the worst poster known. He also needs to learn how a keyboard works.

Dusty Lens posted:

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

https://www.youtube.com/watch?v=L3M0uTIt3zA&t=222s

MedicineHut
Feb 25, 2016

D_Smart posted:

Oh, and your inconsequential bullshit above - much like all your other ramblings - is somehow not speculation.

Yeah, CIG could write a check for $10M, so they let a highly damaging matter that's over a year in the works, hit the court system.

Right.

STFU and please sit down.

But he is Toast, he is in the know. Except that as a poxy paralegal he is only fed poo poo that is wrong and that we can quote the poo poo out of.

AP
Jul 12, 2004

One Ring to fool them all
One Ring to find them
One Ring to milk them all
and pockets fully line them
Grimey Drawer
https://twitter.com/ipprivacylawyer/status/834950303526998016

:gary:

Cao Ni Ma
May 25, 2010
Probation
Can't post for 5 hours!
So MOMAs meltdown was because he knew this turd was coming and we were all calling it about how bullshit their defense was going to be. Not because we actually knew, but because they were the funniest what if options and guess, they all came true.

Sabreseven
Feb 27, 2016

Ursine Catastrophe posted:

you just don't understand signature development :colbert:

my wife perpetually comments on my mad scribble of a signature

I find the way he printed his name and position within the company even funnier tbh and bonus points for not knowing what the date was:



Aged 5 and a haff?

Malachite_Dragon
Mar 31, 2010

Weaving Merry Christmas magic
Mental age, certainly

MedicineHut
Feb 25, 2016

Arms_Akimbo posted:

So they just pasted comments from r/SC and filed it to the court?

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



Ashye posted:

(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?idea)
That's a different argument, and their position on that is simply that they were only required to do so when they were using CryEngine, and the wording that Crytek says meant they had to use CryEngine doesn't actually mean that. I'm not familiar enough with these kind of documents to say which one is correct, but it's almost certainly something the judge will basically be able to say "yeah, it means this" to the jury without any grey area.

Hey idiot, Outlook supports the entire unicode emoji range, which you can easily enter using the Windows 10 on-screen keyboard.

Loxbourne
Apr 6, 2011

Tomorrow, doom!
But now, tea.
With CIG's defence relying so heavily on a technical definition of the word "exclusive", I am hereby Calling It that we will start to see the Citizenry suddenly become very interested (and very authoritative) about the exact meanings of words. Expect a lot of smug posts about definitions, dictionaries, the size of a citizen's law dictionary, quotes from Blacks, etc etc.

I have so Called It. Make a note in the log. Let it be written in the Great Book of Calling.

lazorexplosion
Mar 19, 2016

https://i.imgur.com/hip9XKz.gifv

Beexoffel
Oct 4, 2015

Herald of the Stimpire

Abuminable posted:

Ladies and Gentleman of the Jury, please rise as we present the prosecution's surprise witness: Dr. Derek K. Smart. The Court advises the Jury to please permit the esteemed witness to loving finish.

Has anyone said "Jury Blog" yet?

BluesShaman
Apr 25, 2016

She wore Blue Velvet.
Me, faced with latest legal documents:



MedicineHut
Feb 25, 2016

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.

This may sound a bit flippant but afaik development of SQ42 started in 2011-2012, with CryEngine. Not in 2016 with Lumberyard. Lumberyard switch was announced in December 2016 whereas SQ42 carved out and marketed separately from the Game was announced on February 2016.

There is at least 11 months worth of CIG apparently and intentionally breaking the GLA in terms of "Game" definition (scroll to page 24, Exhibit 2 here: https://drive.google.com/drive/folders/1mPjfXrjAf9RUq3_5cJgd-hF-I5XoCQta) and/or engine use rights. And probably more in terms of engine exclusivity as a whole.

MedicineHut fucked around with this message at 13:28 on Jan 6, 2018

Kosumo
Apr 9, 2016

To give CIG legal team some credit, it is good to now have the GLA public and see what is in it, some of it does support CIG depending on how you choose to view it - but that's where the legal arguments will come in.

Also, in my quick skim across it, I thought it said that CIG paid Crytek about $1.85 million and no royalties for the engine .... is that how anyone else reads it? (section 3.1 of something, maybe the GLA is where I think I seen it.)

Also lol at Chris child like printing - he really is a thumb child.

skaboomizzy
Nov 12, 2003

There is nothing I want to be. There is nothing I want to do.
I don't even have an image of what I want to be. I have nothing. All that exists is zero.
I'm thinking it'd be more like the trial from The Increasingly Poor Decisions of Todd Margaret.

Sabreseven
Feb 27, 2016

Sabreseven posted:

I find the way he printed his name and position within the company even funnier tbh and bonus points for not knowing what the date was:



Aged 5 and a haff?

Added fidelity:

BluesShaman
Apr 25, 2016

She wore Blue Velvet.

lmfao a meme lawyer v. Skadden

Chalks
Sep 30, 2009

What the hell is the deal with the RSI/CIG distinction? RSI either has no assets what so ever, or they're using cryengine without a license, so what is the point of making this distinction in their response?

Cao Ni Ma
May 25, 2010
Probation
Can't post for 5 hours!
Master IP book writers foolproof plan

Kosumo
Apr 9, 2016

Sabreseven posted:

Added fidelity:



How can they say "nah wrong company" when Chris Roberts 'signed' right below the words "Roberts Space Industries Corp."

Idiots.

Loxbourne
Apr 6, 2011

Tomorrow, doom!
But now, tea.

Kosumo posted:

To give CIG legal team some credit, it is good to now have the GLA public and see what is in it, some of it does support CIG depending on how you choose to view it - but that's where the legal arguments will come in.

Now both parties have filed their statements of case, we're firmly into the territory of "will this argument fly with a court?". That's subjective and dependant entirely on the judge and jury's own reactions on the day. We can comment on the evidence, caselaw, etc (and I think there's plenty of scope for a good effortpost or three about the caselaw FFKS are citing on the meaning of "exclusive"), but we are not qualified to say which argument is likely to win. Even if we were, every lawyer's seen a totally bullshit argument unexpectedly work, or an ironclad one fail.

Absent something hilarious happening, the thread's best bet now is to watch, laugh as the citizens all suddenly become experts on the legal definitions of words, and sit tight until discovery. I'm sure there's going to be all kinds of lovely things to comment on if the case proceeds that far.

Chalks posted:

What the hell is the deal with the RSI/CIG distinction? RSI either has no assets what so ever, or they're using cryengine without a license, so what is the point of making this distinction in their response?

They're Totally Different Companies(TM), so CIG are essentially arguing that they didn't breach exclusivity because they only ever used CryEngine and RSI only over used Lumberyard. They're also laying the groundwork for a retreat to RSI if the court does find against CIG and CIG goes down in flames. Keep an eye on those filings - we might start to see assets and people begin to migrate.

Cao Ni Ma
May 25, 2010
Probation
Can't post for 5 hours!
Exclusively literally means that it excludes other things.

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

Kosumo posted:

How can they say "nah wrong company" when Chris Roberts 'signed' right below the words "Roberts Space Industries Corp."

Idiots.


Because that screenshot is VERY MISLEADING i said exactly the same thing

the actual GLA is only signed by CIG, that signature there is a EULA involving autodesk.

Tokamak
Dec 22, 2004



They are aware that distinction between LTI and non-LTI ships is stupid as gently caress. They can't have whales refunding when their Hull E gets blown up by dirty goon griefers. Or worse, by any one of a million physics bugs.

mjotto
Nov 8, 2017

G0RF posted:

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.”

More like Star Citizen: potentially the greatest game that never got made

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

...or Derek Smart is funding the CryTek lawsuit :grin:

----------------
This thread brought to you by a tremendous dickhead!

D_Smart fucked around with this message at 14:19 on Jan 6, 2018

Mne nravitsya
Jul 14, 2017

While catching up on the pages i've missed in the thread......................I was awed by Beet's Wagon

Stupid sexy Beetwagon

D_Smart
May 11, 2010

by FactsAreUseless
College Slice
I received notification late last night about CIG filing their response.

https://www.pacermonitor.com/public/case/23222744/Crytek_GmbH_v_Cloud_Imperium_Games_Corp_et_al

I have yet to read it in detail, but will do so later today, then hit the Hootsuite powered Tweet storm hard.

Anyone who has ever seen a contract before, or who understands contract law, can take one look at the Term, Termination and Exhibit sections to see why Crytek filed this suit.

RSI/CIG breached the GLA in so many ways, that I don't even know where to begin.

Thread coming later.

FYI section 3 being deleted as part of the contract is standard. It is Crytek's standard template contract and that part didn't apply to RSI/CIG, so it was removed. It's standard practice to do that without having to re-number all the sections that such a removal would require.

ps: Has anyone told MoMa yet that I totally called the lawfirm, days ago?

http://fkks.com/attorneys/jeremy-goldman

https://twitter.com/dsmart/status/948962887841861632

----------------
This thread brought to you by a tremendous dickhead!

D_Smart fucked around with this message at 14:50 on Jan 6, 2018

BluesShaman
Apr 25, 2016

She wore Blue Velvet.
Why would Crytek want a jury trial?

Wouldn't it be easier to argue contractual stuff to one judge instead of 12 (relative layman) jurors?

Ponzi
Feb 21, 2016


DEPORTED FROM FLAVOR TOWN

ICSA 67 LOSER
Fun Shoe

D_Smart posted:


...or Derek Smart is funding the CryTek lawsuit :grin:

:vince:

SelenicMartian
Sep 14, 2013

Sometimes it's not the bomb that's retarded.

Is Chris Robert mentioned anywhere in those papers?

kw0134
Apr 19, 2003

I buy feet pics🍆

Strategic decision I am guessing for higher potential damages. Also the way they phrased the contract argument is pretty straightforward, e.g., they violated the exclusivity clause, here's them talking up another engine. A is not B, you must give us money, sort of deal.

Also that Motion to Dismiss is the laziest thing in the world. You need one I suppose for good practice but does it ever read like a person who's never taken civ pro 1 and hope that by claiming something it becomes true if they hold their breath long enough. It's fascinating to me that more attention is focused on the "scandalous" portions of the complaint that probably pertain to Ortwin and are likely to have already been excised in the amended complaint. Priorities!

Lack of Gravitas
Oct 11, 2012

Grimey Drawer
:lol: at Chris standing over the shoulder of his lawyer and doing the legal equivalent of telling him what colour the pixel should be in the court response.

Dude just cannot help telling more qualified people how to do their jobs

smg77
Apr 27, 2007

ManofManyAliases posted:

Go gently caress yourself. You get spoonfed details by some people on here to make it seem like you know poo poo then everyone gets to sit and giggle in the corner while you flail about like you think you know what you're talking about 1/4 of the time (and you're too stupid to realize it you dumbfuck).

This post cured my erectile dysfunction.

Is it time to rub yet?

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TheLastRoboKy
May 2, 2009

Finishing the game with everyone else's continues

D_Smart posted:

...or Derek Smart is funding the CryTek lawsuit :grin:

Don't play with my heart like this.

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