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Abuminable
Mar 30, 2017

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

Ayn Marx posted:

Fyi any non-lawyer careposting in-depth analysis of these legal statements is just as retarded as the citizens and should be ashamed of themselves

Hth

that post is just as retarded as the citizens' and you should be ashamed of yourself. stay frosty.

e: the verdict will be returned by a group twelve of non-lawyers.

Abuminable fucked around with this message at 07:27 on Jan 7, 2018

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AngusPodgorny
Jun 3, 2004

Please to be restful, it is only a puffin that has from the puffin place outbroken.
Actually, contract interpretation is a legal question that gets resolved by the judge, not the jury.

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
my in expert legal opinion: :laffo:

Ayn Marx
Dec 21, 2012

SomethingJones posted:

Fyi non-lawyers read, write and sign legal agreements every single day of the last hundreds of years, it's called doing business

This is of course exactly the same as a million-dollar lawsuit!

Ayn Marx
Dec 21, 2012

Jason Sextro posted:

I'm glad your family is dead

Mods??

Abuminable
Mar 30, 2017

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

TheAgent posted:

my in expert legal opinion: :laffo:

Whatever happens will be :laffo: -worthy. There are only two outcomes: CIG will leave this battle heavily-battered or at room-temperature.

Bootcha
Nov 13, 2012

Truly, the pinnacle of goaltending
Grimey Drawer

TheAgent posted:

I mean, why stop at just buying JPGs? why not actually own a piece of gaming history and become a member of the Star Citizen / Squadron 42 team

Bootcha posted:

6) The Next Great Designer: Remember TNGS? It's like that except SC cultists compete for the best design idea for SC. Winner gets a job offer as an assistant producer in LA (because gently caress your CoL that's why) to lead a team to implement their feature. Pirate Rape, Feces Sanitation, Needless Bureaucracy, and Machinima divas on full display. Winning feature? You must have a Platinum PTTTHHHHHHPPPPPPPPPPit's just another ship gently caress you surprise

I'm amending this to The Next Great Idea.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

Thoatse posted:

*five seconds later*



:five::five::five:

Also, I like the lawyercrafting posts. Though I don’t hold strong opinions about how things will break, its interesting enough just knowing the clock on a stinkbomb is ticking yet again; a drama unfolding behind the curtain once again is largely of Chris’s own oily making.

Speaking of clocks ticking on stinkbombs... looks like The Doll Web Series may eventually see the light of day after all.

Episode List posted:


  • 1. Pilot
  • 2. I Found the Glitter Us
  • 3. A Song of Ice Cream and Fire
  • 4. There Will Be Blood
  • 5. Good Will Hunting Part 1
  • 6. Good Will Hunting Part 2: Electric Boogaloo
  • 7. Let's Get Sporty
  • 8. The Parent Trap
  • 9. Talking Smack to the Future
  • 10. The Rush Hour
  • 11. The Doll
  • 12. The Doll Pt. 2

Mikojan
May 12, 2010

im too dense for all this law stuff

its happening or its not happening?

trucutru
Jul 9, 2003

by Fluffdaddy
All the loving high-power lawyers in the world won't make SC less of a glitchy tech demo. Personally, I want crytek to take them to the cleaners because, outside the comedy, SC is a predatory waste of money.

trucutru
Jul 9, 2003

by Fluffdaddy

G0RF posted:

Speaking of clocks ticking on stinkbombs... looks like The Doll Web Series may eventually see the light of day after all.

quote:

A Song of Ice Cream and Fire
Good Will Hunting Part 2: Electric Boogaloo
Talking Smack to the Future

Man, they have some quality writers.

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.

trucutru posted:

All the loving high-power lawyers in the world won't make SC less of a glitchy tech demo. Personally, I want crytek to take them to the cleaners because, outside the comedy, SC is a predatory waste of money.

Same. I would like someone to fill in this well that so many people are pouring their poo poo.

On an unrelated note I do feel that this event will be the whipping boy for any future misfortune or hiccup, regardless of the outcome of the case. A recurring point of amusement was who was going to take the fall in the event that Christ himself didn't descend from heaven to make the pixel green and save Star Citizen. Much of the speculation revolved around the core idea that it would be impossible to pin the blame on Chris and Co. without admitting the fullness to which one was suckered in by the glamour and urgent hand waving. This lawsuit and all of the possible issues one could pin on it, from decreased confidence to theorycrafting about closed doors deals that hamstrung the project, is an amazing standin.

It'll still be an argument about greed destroying Star Citizen. But not on the part of its creators and people who made every decision along the way.

Killed By Death
Jun 29, 2013


Fangrim posted:

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.
Since the GLA was signed, CIG has made a total and clear separation of SC and SQ42. You will be able to buy and download SQ42, and run this as a standalone game, with absolutely no connection to SC and the online universe.
I haven't followed this super closely, so excuse my ignorance: but have they specifically said that SQ42 is played through something other than the SC client? Because that part of Exhibit B specifically mentions it. As far as I can find, CIG have been very careful to not mention the SQ42/CS client situation, but the one time they did, they said it would be through the same client. Now, again, I haven't kept up 100% with everything surrounding this, so I might have missed something later that contradicts this.

It IS pretty clear that CIG are (irrespective of the client question) treating SQ42 as it's own standalone thing, but the contract in Exhibit B makes specific reference to the client. Does this have any legs? I have no idea about the legal precedent surrounding software clients and multiple products thereof. Or perhaps I'm just reading the legal type wrong, and where it says "comma AND" I should read "OR"? Is breaching one of those conditions enough to gently caress the whole thing, or does it have to be all of them?

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.

Killed By Death posted:

It IS pretty clear that CIG are (irrespective of the client question) treating SQ42 as it's own standalone thing, but the contract in Exhibit B makes specific reference to the client. Does this have any legs? I have no idea about the legal precedent surrounding software clients and multiple products thereof. Or perhaps I'm just reading the legal type wrong, and where it says "comma AND" I should read "OR"? Is breaching one of those conditions enough to gently caress the whole thing, or does it have to be all of them?

Much of the theorycrafting around the legs on claiming segregated products relies on CIG claiming they're two different products to the good people of the UK for tax break purposes.

So that's going to be a juggle.

Experimental Skin
Apr 16, 2016

Killed By Death posted:

I haven't followed this super closely, so excuse my ignorance: but have they specifically said that SQ42 is played through something other than the SC client? Because that part of Exhibit B specifically mentions it. As far as I can find, CIG have been very careful to not mention the SQ42/CS client situation, but the one time they did, they said it would be through the same client. Now, again, I haven't kept up 100% with everything surrounding this, so I might have missed something later that contradicts this.

It IS pretty clear that CIG are (irrespective of the client question) treating SQ42 as it's own standalone thing, but the contract in Exhibit B makes specific reference to the client. Does this have any legs? I have no idea about the legal precedent surrounding software clients and multiple products thereof. Or perhaps I'm just reading the legal type wrong, and where it says "comma AND" I should read "OR"? Is breaching one of those conditions enough to gently caress the whole thing, or does it have to be all of them?

You could pledge pre-order one or the other for quite a while. They specifically announced them as becoming _separate_ products you could buy either/or/both.

How they could even contest that with a straight face I know not.

CrazyTolradi
Oct 2, 2011

It feels so good to be so bad.....at posting.

The problem with this whole situation is that Chris Roberts pulled his usual flim flam and everything to do with Star Citizen and Squadron 42 is whatever it needs to be to fit whatever Chris is trying to do in that instance.

Or at least it is in his mind.

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.

That might also be the solution so everything could work out after all.

CrazyTolradi
Oct 2, 2011

It feels so good to be so bad.....at posting.

A preview of CIG's lawyers in action: https://www.youtube.com/watch?v=wJuXIq7OazQ

Aesaar
Mar 19, 2015
If CIG didn't terminate the GLA, then what's to say they're not still using CryEngine? The GLA requires a paper trail to confirm that all CryEngine code has been removed. If that paper trail existed, why would Crytek be suing? They'd know CIG wasn't using CryEngine. As far as they know, CIG's still using their code, even as they transition to a new engine, yet they did poo poo like remove the splash screens.

CIG are bound by the stipulations of the agreement until they terminate the contract, and it seems pretty obvious that they haven't done that. If they had, why would any of this be happening?

Did I misunderstand?

Aesaar fucked around with this message at 09:32 on Jan 7, 2018

CrazyLoon
Aug 10, 2015

"..."
Can't believe no one did this, but I guess with all this latest lawyer talk it's now appropriate...


Are you not entertained?!

IncredibleIgloo
Feb 17, 2011





Aesaar posted:

If CIG didn't terminate the GLA, then what's to say they're not still using CryEngine? The GLA requires a paper trail to confirm that all CryEngine code has been removed. If that paper trail existed, why would Crytek be suing? They'd know CIG wasn't using CryEngine. As far as they know, CIG's still using their code, even as they transition to a new engine, yet they did poo poo like remove the splash screens.

CIG are bound by the stipulations of the agreement until they terminate the contract, and it seems pretty obvious that they haven't done that. If they had, why would any of this be happening?

Did I misunderstand?

From my understanding breaking the GLA, even for legit reasons, requires notification of the other party. None of the documents submitted detail that. If any of their argument relies on the GLA being broken, they should have provided evidence that they did so in accordance with the contract.

kilus aof
Mar 24, 2001
Will no one rid me of this meddlesome CryEngine?

SomethingJones
Mar 6, 2016

<3


They sold SQ42 as a separate pre-order which breaks the term forbidding them to sell it as a separate product regardless of how it gets launched.

The bit about SQ42 being a 'feature' of SC is just clarifying exactly what SQ42 is.

It's the selling of it separately that's in breach.

None of this is lawyering btw, this is simply reading the agreement and comparing it to what CIG actually did

SelenicMartian
Sep 14, 2013

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

If they ditch CE does it mean Chris will have an excuse to fire every single CE guy they've got, for culling?

History Comes Inside!
Nov 20, 2004




Killed By Death posted:

I haven't followed this super closely, so excuse my ignorance: but have they specifically said that SQ42 is played through something other than the SC client? Because that part of Exhibit B specifically mentions it. As far as I can find, CIG have been very careful to not mention the SQ42/CS client situation, but the one time they did, they said it would be through the same client. Now, again, I haven't kept up 100% with everything surrounding this, so I might have missed something later that contradicts this.

It IS pretty clear that CIG are (irrespective of the client question) treating SQ42 as it's own standalone thing, but the contract in Exhibit B makes specific reference to the client. Does this have any legs? I have no idea about the legal precedent surrounding software clients and multiple products thereof. Or perhaps I'm just reading the legal type wrong, and where it says "comma AND" I should read "OR"? Is breaching one of those conditions enough to gently caress the whole thing, or does it have to be all of them?

Blizzard use the same launcher for everything but that doesn't make WoW and Overwatch the same game.

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

SomethingJones posted:

1. There is no argument that it's an exclusive license. Whether that is determined to be unfair or unenforceable is entirely up to space court. However the money that CIG agreed to pay Crytek is based on the license terms and that's a pretty substantial one - without exclusivity the license fee would have been much, much higher. In other words, "use our engine and no one else's and we'll give you a great deal"

To me the exclusive license language is not as clear as it should have been, there is wiggle room there for CIG. I don't think it matters considering everything else and if anything it's giving CIG false hope to dig themselves in deeper.

SomethingJones
Mar 6, 2016

<3

Ayn Marx posted:

This is of course exactly the same as a million-dollar lawsuit!

The million dollar lawsuit is what happens when companies don't stick to what they agreed in writing.

If I get time I'll draw up a flowchart with nice colours and pictures to explain it.

SomethingJones
Mar 6, 2016

<3

AP posted:

To me the exclusive license language is not as clear as it should have been, there is wiggle room there for CIG. I don't think it matters considering everything else and if anything it's giving CIG false hope to dig themselves in deeper.

I don't see it, not saying it isn't there, just that I don't see it

However having CIG's comedy lawyer arguing over the interpretation of a few words amidst a shitload of other breaches of contract is exactly the kind of thing I'm expecting to see in space court

SelenicMartian
Sep 14, 2013

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

SomethingJones posted:

However having CIG's comedy lawyer arguing over the interpretation of a few words amidst a shitload of other breaches of contract is exactly the kind of thing I'm expecting to see in space court
Exhibit M: My pocket Merriam-Webster dictionary.

tuo
Jun 17, 2016

So will Love Pledge have a bonus level in the style of Ace Attorney?

Rugganovich
Apr 29, 2017

Thoatse posted:

Chris Roberts, snatching failure from the jaws of success since 1999

Here's the new topic heading right here :golfclap:

Rugganovich
Apr 29, 2017

Jason Sextro posted:

I can't wait until that becomes a serious defense

also when Chris complains that nobody sends him gifts anymore

Oh, he'll still get gifts

MedicineHut
Feb 25, 2016

Killed By Death posted:

I haven't followed this super closely, so excuse my ignorance: but have they specifically said that SQ42 is played through something other than the SC client? Because that part of Exhibit B specifically mentions it. As far as I can find, CIG have been very careful to not mention the SQ42/CS client situation, but the one time they did, they said it would be through the same client. Now, again, I haven't kept up 100% with everything surrounding this, so I might have missed something later that contradicts this.

It IS pretty clear that CIG are (irrespective of the client question) treating SQ42 as it's own standalone thing, but the contract in Exhibit B makes specific reference to the client. Does this have any legs? I have no idea about the legal precedent surrounding software clients and multiple products thereof. Or perhaps I'm just reading the legal type wrong, and where it says "comma AND" I should read "OR"? Is breaching one of those conditions enough to gently caress the whole thing, or does it have to be all of them?

My interpretation is that marketing/selling the game separately is enough to breach. Not being accessed through the Game client is just another way to NOT be part of the Game (in addition to be marketed separately) and breach. Going the anal retentive way I can also point out to you that little, but completely relevant, comma before the "and" in the sentence in Exhibit 2.

Otherwise CIG would have had carte blanche to create with CryEngine, and sell separately, an infinite number of games as long as they were all accessed through the same game client in any way and were all related to the described Star Citizen theme.

Also:

History Comes Inside! posted:

Blizzard use the same launcher for everything but that doesn't make WoW and Overwatch the same game.

SomethingJones posted:

They sold SQ42 as a separate pre-order which breaks the term forbidding them to sell it as a separate product regardless of how it gets launched.

The bit about SQ42 being a 'feature' of SC is just clarifying exactly what SQ42 is.

It's the selling of it separately that's in breach.

None of this is lawyering btw, this is simply reading the agreement and comparing it to what CIG actually did

My suspicion / speculation is that one of the drivers (probably not the only one) for CIG to market and sell SQ42 separately is to be able to benefit from the applicable UK tax credits. If Skadden can show that a separate entity was required for SQ42 to be recipient of the credits then that would help support Skadden/CryTek´s accusation.

Splitting in two games and selling separately is a decision that was obviously taken by CIG in order to improve their bottom line and extract more value (ref tax credits, additional sales et al) and subpoena /investigation should be able to request the business case and relevant management approval/decision trail for that (and ask UK´s HMRC about their advice to CIG on their tax credit application); and the judge/jury should be able to determine how much value CIG thought that decision carried. Although weather ultimately successful at extracting additional value with the split or not is irrelevant. If the attempt to do so was done thanks to breaching the GLA then CryTek / Skadden have all the right in the world to chase and punish that kind of behaviour. I would imagine that is precisely what IP management/protection is all about.

MedicineHut fucked around with this message at 12:22 on Jan 7, 2018

EightAce
May 10, 2015

Watch it all come crashing down on his head and wonder why any of us gave him money in the first place.
Let's not forget that Ben lesnick ( developer ). Played all the sq42 missions long before they switched to lumberyard. He said as much

thatguy
Feb 5, 2003

SomethingJones posted:

I don't see it, not saying it isn't there, just that I don't see it

However having CIG's comedy lawyer arguing over the interpretation of a few words amidst a shitload of other breaches of contract is exactly the kind of thing I'm expecting to see in space court
Wikipedia defines exclusive as...

thatguy
Feb 5, 2003

EightAce posted:

Let's not forget that Ben lesnick ( developer ). Played all the sq42 missions long before they switched to lumberyard. He said as much
:prepop:

Chalks
Sep 30, 2009

What's the definition of exclusive that CIG are trying to claim is in the GLA? I'm having trouble thinking of one that both makes sense and they didn't violate.

Erenthal
Jan 1, 2008

A relaxing walk in the woods
Grimey Drawer

Chalks posted:

What's the definition of exclusive that CIG are trying to claim is in the GLA? I'm having trouble thinking of one that both makes sense and they didn't violate.

That CIG was the only developer in the world allowed to use Cryengine in a game.

History Comes Inside!
Nov 20, 2004




thatguy posted:

Wikipedia UrbanDictionary defines exclusive as...

Cmon this is CIG's specially chosen counsel

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History Comes Inside!
Nov 20, 2004




Erenthal posted:

That CIG was the only developer in the world allowed to use Cryengine in a game.

I think they're actually going for "CIG are the only developer in the world allowed to use CryEngine in Star Citizen"

Which is even more retarded because uhhhhh, duh.

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