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Beet Wagon
Oct 19, 2015





So if I understand this correctly, it seems like one of their main tactics going up against one of the best law firms in existence is the very same tactic they used to try and avoid giving a bunch of neckbeard idiots their money back. A tactic which failed against people with little to no understanding of the law, who were only in the fight for a couple hundred bucks. Against Skadden. :cripes:

No, actually. It's the other other company.

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D_Smart
May 11, 2010

by FactsAreUseless
College Slice

kw0134 posted:

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!

Yeah, the motion is going to fail on merits alone. And if they bungled it enough, they basically gave Skadden a huge opening for their injunction to succeed.

The Ortwin parts are not baffling to me at all. It reads like Ortwin typing that up, and sending to Jeremy to include in his response. Clearly that was before amendment in which he was accused of not having a waiver (which apparently exists) - though it still won't solve the conflict of interest issue.

God, they are so hosed, it beggars belief. It's ALL there in the GLA.

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

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Beet Wagon posted:

So if I understand this correctly, it seems like one of their main tactics going up against one of the best law firms in existence is the very same tactic they used to try and avoid giving a bunch of neckbeard idiots their money back. A tactic which failed against people with little to no understanding of the law, who were only in the fight for a couple hundred bucks. Against Skadden. :cripes:

No, actually. It's the other other company.

Yes. Pretty much. Remember when I was laughing when I found out who they hired? It all makes sense now.

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

Beet Wagon
Oct 19, 2015





Mne nravitsya posted:

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

Stupid sexy Beetwagon

lol I showed this to my wife and she's laughing so hard it sounds like she's choking. I think she might die.

Streetroller
Jun 11, 2016

Chris, I know you're reading this.

You hosed with the wrong dude.

Good day.

Beet Wagon
Oct 19, 2015





D_Smart posted:

Yes. Pretty much. Remember when I was laughing when I found out who they hired? It all makes sense now.

I think the highlight of it all for me is that it seems like they did the most CIG thing possible - hired a bunch of reasonably competent people and then immediately hosed it up by barging through the doors and doing the legal equivalent of "make that pixel blue not green" all over the response. I don't know why, but I honestly expected this to be the moment when Chris realized he couldn't conduct the orchestra and needed to just get the gently caress out of the way (I have no idea why I thought this) but the way this thing reads is like he and Ortwin each wrote a coke-fueled manifesto and then demanded they be included in the response. It's Star Citizen to its core.

kw0134
Apr 19, 2003

I buy feet pics🍆

D_Smart posted:

Yeah, the motion is going to fail on merits alone. And if they bungled it enough, they basically gave Skadden a huge opening for their injunction to succeed.
Nah, that motion is probably set up for failure but that's not the point, because there's no loving way that they could get the case thrown out on that. An FRCP 13(b)(6) MtD is for the absolutely meritless claims, like claiming being called a "jerk" in a public place constitutes defamation, that sort of thing. Even if it were true, and the defense admits all the facts alleged, it doesn't rise to an actionable cause of action. Of course, the barest reading of the complaint would be "there's a contract, defendant violated contract, gimme moneys" is pretty much the reason civil courts exist! I'm more amused by the effort to strike certain sections of the complaint.

It exists pro forma, to assure everyone that they did indeed stay awake during civ pro. Not filing one, no matter empty it would be, might be seen as failing the zealous defense of one's client. Though...I'd probably try a teensy bit harder than that. The bare assertion that it needs to be dismissed is eye-rolling. Just sayin'.

IcarusUpHigh
Dec 20, 2016

ewe2 posted:

Toastmannnnn Remix Time!



* Lyrics so you can sing along (they're also in the mp3)
* Now I have to think of a hilarious lawsuit song.
* Genuine shredding Epiphone SG Junior
* No parps were offering motions to dismiss in this recording.

This was amazing and got lost in the legal talk! Good poo poo ewe

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.

Here we go.

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

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).

Just wait for what comes next.*

*14 days.

Loxbourne
Apr 6, 2011

Tomorrow, doom!
But now, tea.

kw0134 posted:

Nah, that motion is probably set up for failure but that's not the point, because there's no loving way that they could get the case thrown out on that.

The motion is to rally the backers and reassure investors. It's to be read by third parties, not the court. CIG get a platform to publicly decry their enemies and that'll fire up the Citizenry. They might even get a brief pledge spike off this. Yeah, CIG! Tell 'em like it is! Bring the fire and fury!

Beet Wagon posted:

I don't know why, but I honestly expected this to be the moment when Chris realized he couldn't conduct the orchestra and needed to just get the gently caress out of the way (I have no idea why I thought this) but the way this thing reads is like he and Ortwin each wrote a coke-fueled manifesto and then demanded they be included in the response. It's Star Citizen to its core.

I bang on about this, but I have actually been in FKKS's situation and had to defend a sleazy nutball CEO in court. They do demand you write the pleading documents exactly as they dictate them. They do demand you add extra pages they've written detailing how the other side are secretly Turbohitler. They assume the court will listen to their words with awe and reverence just because they come out of their mouth. As if the judge was like any of their cringing employees, constantly bowing and scraping and eager to please. They've come to think that people just normally react with such deference because of their glorious accomplishments, and when reality applies a slap in the face some of them throw screaming tantrums.

They don't actually work it out until they're at the door to the courtroom. Maybe it's the big crest on the wall, I dunno. But that's when they break down and suddenly beg you to help them, and even then their ego doesn't get out of the way. This ride's just getting fully underway - I've seen amazingly stupid behaviour from corporate execs who suddenly realise Oh poo poo, they are actually going to have to go into the courtroom. Trying to walk out of cross-examinations, trying to sue the other side for libel, claiming the opposition witness is an impostor in disguise, claiming that all the evidence is on computers that have been stolen, trying to doxx the judge. I've seen a CEO realise they're screwed and start demanding I file the most pathetic, childish forged documents imaginable (like, bits drawn on with crayons and Tipp-ex).

I have a lot of sympathy for FKKS. Today we've gotten a glimpse of what they have to put up with to collect their fee.

Loxbourne fucked around with this message at 18:35 on Jan 6, 2018

Orange Carlisle
Jul 14, 2007

Streetroller posted:

Chris, I know you're reading this.

You hosed with the wrong dude.

Good day.

SearchTheStars42
Oct 14, 2016

Dusty Lens posted:

If you want to look at lots of spaceships shooting one another while roleplaying the Imperium of Man maybe Stelaris.
If you want to fly a spaceship while shooting at stuff and having a pretty good time Everspace (DLCs suggested) might be your ticket.
If you want to fly a spaceship while wondering if there's stuff to shoot and if you're having a good time Elite Dangerous.
If you want to build the spaceship you will fly and then watch it break in half because you added a rotor Space Engineers is ideal.
If you want to build a spaceship and then realize it's 3am Kerbal Space Program.
If you want to fly a spaceship through space that's actually a submarine that's underwater Subnautica.
If you want to fly a spaceship that's actually a boat on the ocean Sid Meier's Pirates.

Those might be some decent titles for you to read up on to see if they appeal.

Thanks for the suggestion. Everspace sounds exactly like what I'm looking for. I'll check it out.

CrazyLoon
Aug 10, 2015

"..."

Streetroller posted:

Chris, I know you're reading this.

You hosed with the wrong dude.

Good day.

Nyast
Nov 14, 2017

BLAZING AT THE
SPEED OF LIGHT

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.

I'll admit it.

I laughed.

Beer4TheBeerGod
Aug 23, 2004
Exciting Lemon

Streetroller posted:

Chris, I know you're reading this.

You hosed with the wrong dude.

Good day.

:munch:

BluesShaman
Apr 25, 2016

She wore Blue Velvet.

MarcusSA
Sep 23, 2007

Thread is good again.

Loxbourne
Apr 6, 2011

Tomorrow, doom!
But now, tea.

Streetroller posted:

Chris, I know you're reading this.

You hosed with the wrong dude.

Good day.

What's happened?

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.

Loxbourne posted:

What's happened?

Unrelated post about Chris cutting someone off at the 101/405

Beer4TheBeerGod
Aug 23, 2004
Exciting Lemon
I believe CIG was selling SQ42 as a separate product long before they swapped to Lumberyard.

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 also believe that they have a strong case for having not actually putting any effort into developing it until mid to late 2016.

https://robertsspaceindustries.com/comm-link/transmission/15189-Package-Split-Information

I remember them selling SQ42 as a pre-order after the Bishop speech... Which they took down and replaced with a pledge. I'm not certain if I can remember SQ42 being in the shop as a standalone before then.

Dusty Lens fucked around with this message at 16:07 on Jan 6, 2018

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.
I believe Crytek is on shaky legs with this one. They didn’t satisfy some of their requirements under the contract either. If no Quid Pro Quo, case dismissed?

Are the contents for the contract agreements on both sides publicly known? No. Grain of Salt. Especially WRT to Crytek's obvious hyperbole and dire financial straits. My opinion isn't a lie and my opinion says this will blow over.

Beexoffel
Oct 4, 2015

Herald of the Stimpire

AP posted:

You can follow Jeremy on Twitter at @ipprivacylawyer.

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

Apparently, the wonders of Unicode are not yet part of lawyering.
😀😁😂😃🙅🙆🙇🙈🙉🙊🙋

boviscopophobic
Feb 5, 2016

Trilobite posted:

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.

In the Streetroller refund e-mail chain, Ortwin refers to RSI as CIG's "publishing arm". My non-lawyer, totally uninformed conjecture is that CIG develops while RSI publishes, sells, and promotes, which rights CIG can freely sublicense according to item 2.1.3 of the GLA. This means that RSI gets all the whale revenues, which might explain why it's worth trying to apply the wrong company defense for it.

However, Chris Roberts signed the Autodesk amendment to the GLA on behalf of both Cloud Imperium Games and RSI, so the separation isn't as clean as this legal theory would imply.

Zzr
Oct 6, 2016

I don't believe there is a game.

Zzr
Oct 6, 2016

Furthermore, CIG/RSI/15 others didn't use lumberyard or even cryengine, because there is no game.

shrach
Jan 10, 2004

daylight ssssaving time

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.

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.

Seems like it. Having paid the total €1.85m in installments, is probably what Erin Roberts referred to in that post somewhere when he said they had, "bought out the engine completely" or whatever he said on some random forum.

I think there are plenty of points in the CIG response to arm a smug moma. This show is going to run, renewed for at least another season.

Dementropy
Aug 23, 2010



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 feel like we are on the precipice of waiting for something great to happen sometime.

Maybe soon.

Maybe sooner than anyone expects.

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
imagine paying $350 for what amounts to a timeshare seminar

lol, like at least get yo trip for free n poo poo, goddamn

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
btw here's may layman response to the lawsuit thing

skadden: wow even an idiot like me can see exactly what they are going after. holy smokes
FKKS: what the gently caress, why are you, what the gently caress are you talking about lol

Tokyo Sexwale
Jul 30, 2003

Lack of Gravitas posted:

: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

That's what fuels his moon-sized ego, rather than any accomplishments he can hang his hat on.

Daztek
Jun 2, 2006



TheAgent posted:

btw here's may layman response to the lawsuit thing

skadden: wow even an idiot like me can see exactly what they are going after. holy smokes
FKKS: what the gently caress, why are you, what the gently caress are you talking about lol

Please stop these immaterial, impertinent and scandalous Offending Allegations

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
man whoever has to read CIGs response to this lawsuit is going to be absolutely fuckin pissed. what a waste of words and time

christ

Sandweed
Sep 7, 2006

All your friends are me.

Loxbourne posted:

I have a lot of sympathy for FFKS. Today we've gotten a glimpse of what they have to put up with to collect their fee.

LoL you think Chris is going to pay them? He'll do what he always does, complain about how they did this, if they had just listened to him this would have been fine. Then maybe offer them a 50% of what was originally offered because he is such a nice guy.

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
I mean how do you even like

how do you even write this and not go "what the gently caress are we doing here guys"

quote:

Contrary to Crytek’s sham interpretation, and consistent with well-established jurisprudence on exclusive licenses, the GLA uses the word “exclusively” in § 2.1.2 to signify Crytek’s promise not to permit anyone other than CIG to “embed CryEngine in the Game and develop the Game.”

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer

Sandweed posted:

LoL you think Chris is going to pay them? He'll do what he always does, complain about how they did this, if they had just listened to him this would have been fine. Then maybe offer them a 50% of what was originally offered because he is such a nice guy.
yeah, they'll burn this lawfirm without a problem. I fully expect them to switch to a different firm to buy them more time

lol when FKKS sues them for breach of contract

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
omg there is a section arguing that this is tort not contract law and I am loving dying

like never has a legal document made me lol this much

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Sillybones
Aug 10, 2013

go away,
spooky skeleton,
go away

TheAgent posted:

I mean how do you even like

how do you even write this and not go "what the gently caress are we doing here guys"

quote:

Contrary to Crytek’s sham interpretation, and consistent with well-established jurisprudence on exclusive licenses, the GLA uses the word “exclusively” in § 2.1.2 to signify Crytek’s promise not to permit anyone other than CIG to “embed CryEngine in the Game and develop the Game.”

What are CIG arguing here? That Crytek had to promise CIG that they would not let anyone else make Star Citizen with their engine? Is that something Crytek would be able to do? Steal Star Citizen and have someone else make it?

And this is the well-established interpretation? Is this a common thing?

Question mark??

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