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peter gabriel
Nov 8, 2011

Hello Commandos
I think it's worth remembering from time to time that this exists and is not a Brass Eye sketch

https://www.youtube.com/watch?v=ZWq8ynUq7wM

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bird with big dick
Oct 21, 2015


:lol:

Strangler 42
Jan 8, 2007

SHAVE IT ALL OFF
ALL OF IT

Chalks posted:

It's complex, and basically nobody in this thread has anywhere near the level of legal expertise to match either side of the argument so commentary here should be taken with a big pinch of salt.

Crytek claimed to have a pretty rock solid contractual violation, however the clause that they cited in their complaint turned out to be far more ambiguous than they implied in their original filing. As a result, CIG went completely balls out with their motion to dismiss based on this single weakly written clause. The case won't get dismissed off the back of that since there's an argument either way, but the phrasing is ambiguous enough that CIG has a very strong position.

At least, they would have a very strong position if it wasn't for another vital part of the contract that Crytek didn't mention directly in their original filing, and CIG appear to have completely overlooked in their MtD. It states that CIG are forbidden from working with any Crytek competitor for the duration of the agreement and for 2 years after its termination. CIG are absolutely in violation of this clause and it looks like such a slam dunk that it's unlikely that Crytek's lawyers missed it. More likely, they were intentionally using a weaker clause as bait for CIG's lawyers to file a half arsed motion to dismiss without fully reviewing the contract.

We won't hear more on this until February, however, it seems likely that Crytek's lawyers will just point out the second clause, which CIG's lawyers have admitted to violating in their own motion to dismiss.

An important thing to remember is that Crytek have hired pretty much the best technology copyright law firm in the business, and they have been planning this lawsuit since early last year. They think they've got a solid case.

CIG has hired a small law firm at short notice and fired off their motion to dismiss a couple of weeks later.

It's not really an even playing field.

So they have two years from when they severed the contract before they can use a competitor. That would mean that the contract would have had to have been terminated some time in 2014 I'm guessing? But it couldn't have been terminated because they were working on the game diligently up to the switch over to Lumberyard (if it ever actually happened). So if they want to use a different engine than Cry, they would have to notify Crytek that the contract is terminated with cause and wait 2 years. That's assuming that the contract was exclusive to using Cryengine.

Why would the contract say that they couldn't use any other engine for 2 years after the contract was terminated unless the contract did specifically state that they had to use Cryengine for the duration of the contract? As long as the contract is in place and for 2 years after, they can't use another engine.

Analogy time: Pizza hut is trying to get off the ground but needs a tomato sauce supplier. I give them a deal on the sauce and help get the restaurants off the ground in exchange for an exclusive deal to promote the use of my sauce. The exclusivity clause might be muddy, it might not be, but there is a clause saying that as long as we're doing business, Pizza Hut cannot use or promote a competitor's sauce. And the clause also states that if they have a problem with my sauce that is clearly outlined in the contract (late delivery, poor quality control, something justifiable) then they can terminate the contract but they cannot use or promote a competitor's sauce for 2 whole years. Pizza Hut will be without sauce for 2 years and their business will go bust if they terminate the contract. If they violate the contract by using a competing sauce (and it's a sauce that I wholesale to Amazon that they repackage and sell as their brand) I can sue them to hell and back and sink their Pizza Hut chain. That clause exists to protect the exclusivity of the agreement. You have to use our product or else. Pizza Hut/CIG agreeed to the terms to get their company off the ground and now that they are raking in the dough (lol) they want out?

Crytek is going to bury CIG. Unless CIG can produce that written notice of termination of contract that predated the switchover to Lumberyard by 2 years. They have that right? I'm going to use Citizen logic here and say that if it did exist, they would have included it in their motion to dismiss.

bird with big dick
Oct 21, 2015

ManofManyAliases posted:

I 100% am not Toast and will say - unequivocally - that Smart is a moron and doesn't know any better.

Post your balls. It’s the only way we can be sure.

Toops
Nov 5, 2015

-find mood stabilizers
-also,

ManofManyAliases posted:

One of your blocked daemons said you and the discord had unequivocal proof that I was Toast and I reiterated that you are a moron and don't know any better.

lol imagine being MOMA

Jobbo_Fett
Mar 7, 2014

Slava Ukrayini

Clapping Larry

peter gabriel posted:

I think it's worth remembering from time to time that this exists and is not a Brass Eye sketch

https://www.youtube.com/watch?v=ZWq8ynUq7wM

:allears:

My best video ever

Mr.Tophat
Apr 7, 2007

You clearly don't understand joke development :justpost:

xiansi posted:

Yeah. Of course it did.

There's another more recent (and way better) Dredd movie though.

http://www.imdb.com/title/tt1343727/?ref_=nv_sr_1

It's not fantastic, but it's as good as we're probably going to get, and Karl Urban is proper Dredd.

Wrong, it is fantastic

Galarox
Sep 23, 2015

Fun Shoe

Jobbo_Fett posted:

If thwy didnt want Dredd to take off his helmet they wouldnt have hired Stallone

Aaargh! Now I'm trigrered! Did you ever red Judge Dredd?!??!????!!? In like 40 loving years he has NEVER EVER taken his helmet off! Its his Thing dammit! The thing that made him Judge Dredd. So they hired Stallone and it just hrrrghmmph-sktyyrdiffpt-knaaaardgrrrllkstlonk-keeeyarfloempl etc.






See? See what you made me do? I had a... nice meltdown.

Gosts
Jan 15, 2016


Nice mel- Oh you beat me to it.

Danknificent
Nov 20, 2015

Jinkies! Looks like we've got a mystery on our hands.

Galarox posted:

Aaargh! Now I'm trigrered! Did you ever red Judge Dredd?!??!????!!? In like 40 loving years he has NEVER EVER taken his helmet off! Its his Thing dammit! The thing that made him Judge Dredd. So they hired Stallone and it just hrrrghmmph-sktyyrdiffpt-knaaaardgrrrllkstlonk-keeeyarfloempl etc.






See? See what you made me do? I had a... nice meltdown.

the karl urban one is solid though

intardnation
Feb 18, 2016

I'm going to space!

:gary: :yarg:

Galarox posted:

:Caught up with the thread gif: Also I am taking requests (I run out of ideas tbh apart from "12 Angry men" & I am having trouble finding something I can work with on that)) for cool and good shops. Please post requests below :newlol:

also:


As ever, spot on. Although I think that an explanation is that CIG subscribe to the belief that "Any publicity is good publicity"


For the comedy


That film sucked. As a long time Judge Dredd fan the film completely, utterly and totaly lost me when, in the first few minutes of the film Judge Dredd took his helmet off... I mean. srsly? wtf?!?


Another cromulent word. Also Gorf, do you have PMs? Platinum account or whatever? I have a project I would like to discuss with you.

and furthermore -
https://forums.somethingawful.com/newreply.php?action=newreply&postid=480093302
Well you could do a michelagenlos but have it as madoff and CR - making some of the angels CR lackies?

bird with big dick
Oct 21, 2015

Mr.Tophat posted:

Wrong, it is fantastic

Yeah it’s good

Scruffpuff
Dec 23, 2015

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

AP posted:

You see that's the exact kind of minor detail "win" that I'd expect from a real Citizen. Is it important if the very first released build of 2.6 had Star Marine or not, no, not at all. Maybe you even fully believe the first build, that was apparently patched within hours had it, I dunno. I know Derek is certain it didn't and Derek being Derek would argue that point forever and a day. To everyone else though it's extremely boring, but a Citizen would argue it with Derek, forever, in a desperate attempt to prove him wrong. I figure he'd still outlast you a full 24 hours though.

That's why I don't think you work there, Toast works there, he'll have known Star Citizen is all smoke and mirrors for a long, long time.

Citizens have to take those minor wins over minutia and technicalities because the macro-view of this project, that it's devolved into a scam and that Chris Roberts is every bit the inept thief he always was, is no longer in serious dispute. So they take wins on whether or not 2.6.1 had the lighting fix Derek said it didn't, or if the 64-bit positioning is yadda yadda and nobody notices that whatever small pieces of this poo poo pie CR managed to bake are as aromatic as they ever were, and would signify the worst game ever made even if they worked.

Only a little over a year ago Forbes was nervous about even questioning this project: https://www.forbes.com/sites/insert...t/#5a53e275130d

quote:

I was cautioned by colleagues about even writing this article, where I’m not specifically accusing Roberts or his team of anything, yet publishing anything remotely negative about Star Citizen seems to be an invitation to have dozens of comments posted questioning your morals and credentials.

And now it's basically open season: https://www.forbes.com/sites/erikkain/2018/01/08/the-top-upcoming-video-games-of-2018-and-beyond/#6ca62c221f99

quote:

Ha, yeah right. This game isn't coming out in 2018 and I'd be surprised if it comes out in 2019, either. At this point, with no end in sight and a lawsuit hounding RSI, it's possible this will be the most expensive vaporware of all time. Hope everyone is enjoying their digital space ships that may or may not ever be part of an actual game.

Stick a fork in this poo poo; it's done.

peter gabriel
Nov 8, 2011

Hello Commandos

hot balls man no homo posted:

Analogy time: Pizza hut is trying to get off the ground but needs a tomato sauce supplier. I give them a deal on the sauce and help get the restaurants off the ground in exchange for an exclusive deal to promote the use of my sauce. The exclusivity clause might be muddy, it might not be, but there is a clause saying that as long as we're doing business, Pizza Hut cannot use or promote a competitor's sauce. And the clause also states that if they have a problem with my sauce that is clearly outlined in the contract (late delivery, poor quality control, something justifiable) then they can terminate the contract but they cannot use or promote a competitor's sauce for 2 whole years. Pizza Hut will be without sauce for 2 years and their business will go bust if they terminate the contract. If they violate the contract by using a competing sauce (and it's a sauce that I wholesale to Amazon that they repackage and sell as their brand) I can sue them to hell and back and sink their Pizza Hut chain. That clause exists to protect the exclusivity of the agreement. You have to use our product or else. Pizza Hut/CIG agreeed to the terms to get their company off the ground and now that they are raking in the dough (lol) they want out?

Something I don't get about analogies is why not replace 'pizza' with 'game' and then 'pizza hut' with 'cryengine' and 'ingredients' with 'code' and then you'd have said what you meant?
This isn't a post against you, but anologies, here check this out:

It's a lot like a car computer game that comes with three wheels 90% of the content missing, sure the used car salesman ex used car salesman says he will get the other wheel content asap but hey hooooooo it's like a steak video game

Galarox
Sep 23, 2015

Fun Shoe

peter gabriel posted:

I think it's worth remembering from time to time that this exists and is not a Brass Eye sketch

https://www.youtube.com/watch?v=ZWq8ynUq7wM

Quadraspazzed on a glug

Cake is a made-up drug. It's not made from plants, it's made from chemicals...by...sick bastards.

Your child could be splatted... by a roboplegic wrongcock

The most obvious explanation is that it's a ball of lightning bouncing off a strut. But try telling that to any of these bog-brained murphies. You'd have a better chance of getting a blow-job off the pope.

From the moon, Cowsick's a little dot. From the ground, it's a huge mess! Like Dante meets Bosch in a crack lounge!






aaah Brass Eye, the best documentary series ever.

intardnation
Feb 18, 2016

I'm going to space!

:gary: :yarg:

AP posted:

I've not seen anything on discord about that, the most I've seen is people laughing at your occasional meltdown. I don't think you are toast, it's pretty weird to join a forum just to get embarrassed about losing money and as Toast lives in LA and works for a company with a barista on staff, he's probably got more appealing entertainment options.

considering where he works and who he works for I think Moma is toast. exclusively.

Galarox
Sep 23, 2015

Fun Shoe

intardnation posted:

https://forums.somethingawful.com/newreply.php?action=newreply&postid=480093302
Well you could do a michelagenlos but have it as madoff and CR - making some of the angels CR lackies?


I did that on the last thread, or the one before...

Here:

SomethingJones
Mar 6, 2016

<3

ManofManyAliases posted:

Well, I said 2017 and I hosed up. So I'll say Q4 2018. Going on to year 6 in development land is definitely entering closed alpha/beta territory and I don't see CIG there yet.

No chance. 2020 for a playable alpha minimum if they last that long. You don't have a source period.

CIG just told you they will rebuild the networking in 6 months. Why not give it 6 months and see if they rebuild the networking.

All the Cryteks and Amazons in the world cannot fix their engine because it is hosed inside up and sideways and everyone knows it.

It's a scam MoMA, and if lots of people trying to tell you this nicely isn't working then maybe someone needs to say you're a moron for thinking these guys can build a game.

All that's left in this project is comedy and schadenfreude and if you aren't here for that I don't know what the hell you're here for.

Saying that I think you are a decent bloke and I hope you take this in the manner it's intended.

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

hot balls man no homo posted:

Unless CIG can produce that written notice of termination of contract that predated the switchover to Lumberyard by 2 years. They have that right?

My understanding is that the only way CIG can terminate the contract is to go bankrupt. They haven't even claimed they have terminated it.

intardnation
Feb 18, 2016

I'm going to space!

:gary: :yarg:
https://www.youtube.com/watch?v=Gf31MzNgnNk

for old time sake.

intardnation
Feb 18, 2016

I'm going to space!

:gary: :yarg:

Galarox posted:

I did that on the last thread, or the one before...

Here:



very nice indeed!

Strangler 42
Jan 8, 2007

SHAVE IT ALL OFF
ALL OF IT

AP posted:

My understanding is that the only way CIG can terminate the contract is to go bankrupt. They haven't even claimed they have terminated it.

So what you're saying is that CIG still has a contract with Crytek while still using a competitor's product. Something tells me that the motion to dismiss isn't going to fly with the judge.

Pixelate
Jan 6, 2018

"You win by having fun"

AP posted:

My understanding is that the only way CIG can terminate the contract is to go bankrupt.

Or by finishing the game. Oh wait, fair point.

Lladre
Jun 28, 2011


Soiled Meat
There is nothing to even fix in the network code.
The whole networking portion is just dead on concept.
They are way past EVE Online levels of having to do time dilation.
The poo poo is just never going to happen. And it is a dumb reason to want it (Fidelity!)

peter gabriel
Nov 8, 2011

Hello Commandos

hot balls man no homo posted:

So what you're saying is that CIG still has a contract with Crytek while still using a competitor's product. Something tells me that the motion to dismiss isn't going to fly with the judge.

Also while being owned by Coutts, you see, if you think a sentence about CIG sounds as ridiculous as it can get just take a moment to think about it a bit more and more lunacy will occur to you

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

Scruffpuff posted:

Citizens have to take those minor wins over minutia and technicalities because the macro-view of this project, that it's devolved into a scam and that Chris Roberts is every bit the inept thief he always was, is no longer in serious dispute. So they take wins on whether or not 2.6.1 had the lighting fix Derek said it didn't, or if the 64-bit positioning is yadda yadda and nobody notices that whatever small pieces of this poo poo pie CR managed to bake are as aromatic as they ever were, and would signify the worst game ever made even if they worked.

I think it just distracts them, shall we talk about how the FPS module was due in early 2014, renamed to Star Marine, 1st version got binned after wasting a couple of years and millions due to a Spinal Tap, stonehenge sizing issue, Star Marine in weeks, not months, then year+ later you already have Star Marine, it's in the game, then Star Marine 2.0 shipping any day now, then it finally comes out and it's runny, brown very, very smelly and nobody plays it as it's not fun.

No, let's instead focus on a difference of a few hours, 1st build or 2nd, that's the real important part of this story.

peter gabriel
Nov 8, 2011

Hello Commandos
The absolute best case scenario for Star Citizen is it gets released as per Chris's vision and is the most generic and dull game to grace our eyeballs since the invention of eyeballs.
Even a slam dunk victory for CIG is a 4 / 10 meta critic score and that's just remarkable

Mr.Tophat
Apr 7, 2007

You clearly don't understand joke development :justpost:
Fidelity is staring at high quality polygons in a rave show

Thoatse
Feb 29, 2016

Lol said the scorpion, lmao

ManofManyAliases posted:

Well, I said 2017 and I hosed up. So I'll say Q4 2018. Going on to year 6 in development land is definitely entering closed alpha/beta territory and I don't see CIG there yet.

One of my favorite parts of the Star Citizen extravaganza is how yesterday's FUD became tomorrow's optimism

Eldragon
Feb 22, 2003

ManofManyAliases posted:

My "source" is pretty tight lipped of recent, so I don't have the juicy tidbits that I called in the past such as SM actually in the code of 2.6 when released, or accurate player counts being tested, certain ships and their prices, etc.

Is this the same source that told you 3.0 by June?

Strangler 42
Jan 8, 2007

SHAVE IT ALL OFF
ALL OF IT

peter gabriel posted:

Also while being owned by Coutts

I'm pretty sure they're being owned by everybody including repeated self-owns

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.

peter gabriel posted:

Also while being owned by Coutts, you see, if you think a sentence about CIG sounds as ridiculous as it can get just take a moment to think about it a bit more and more lunacy will occur to you

Your honor, we feel it is a simple matter. Outside of the United Kingdom we are working on one game, inside of the United Kingdom we are working on two games, which for the purposes of this contract are a singular game, except when reviewed by the singular lens of the law within the UK where it is clearly two. It's as simple as that ladies and gentlemen. Who wants some pasta.

Chalks
Sep 30, 2009

hot balls man no homo posted:

So they have two years from when they severed the contract before they can use a competitor. That would mean that the contract would have had to have been terminated some time in 2014 I'm guessing? But it couldn't have been terminated because they were working on the game diligently up to the switch over to Lumberyard (if it ever actually happened). So if they want to use a different engine than Cry, they would have to notify Crytek that the contract is terminated with cause and wait 2 years. That's assuming that the contract was exclusive to using Cryengine.

If I understand it correctly it's exactly what you'd put into the contract if CIG had agreed to exclusivity. It's the unambiguous "you cannot use another engine for this game" clause that everyone was expecting when the lawsuit was filed.

CIG can't even choose to terminate the contract with Crytek. The termination clauses don't allow them to simply decide to be done with it. The contract is in place forever or until CIG go bankrupt.

It's like taking out a mortgage on your house, then stopping payments and telling the bank you've terminated the contract. You can't do it because it's literally not an option that's available to you in the contract you signed. You can't just decide you want out of a contract unless it explicitly says you can do that.

Chalks fucked around with this message at 23:13 on Jan 9, 2018

Beexoffel
Oct 4, 2015

Herald of the Stimpire

Galarox posted:

:Caught up with the thread gif: Also I am taking requests (I run out of ideas tbh apart from "12 Angry men" & I am having trouble finding something I can work with on that)) for cool and good shops. Please post requests below :newlol:


How about Derek as Don Quixote and the windmills?
Maybe some ships that fit onto windmills and Sancho Panza and Rocinante and the donkey as Goons.

Preen Dog
Nov 8, 2017

Lladre posted:

There is nothing to even fix in the network code.
The whole networking portion is just dead on concept.
They are way past EVE Online levels of having to do time dilation.
The poo poo is just never going to happen. And it is a dumb reason to want it (Fidelity!)

Dev must continue. The citizens must be forced to admit they were played.

Cut-down MVP must happen. The hardcore backers won't be able to give up their pet features. Most of the ships they bought won't get made. They will start eating each other.

:munch:

Scruffpuff
Dec 23, 2015

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

Thoatse posted:

One of my favorite parts of the Star Citizen extravaganza is how yesterday's FUD became tomorrow's optimism

Brilliant.

peter gabriel
Nov 8, 2011

Hello Commandos
It's simple really.
Crytek makes engines and CIG used their engine not for one but for two games, this part may or may not be true

*imagine lots of words here*

and CIG are loving idiots

peter gabriel
Nov 8, 2011

Hello Commandos
My prediction is at some point Ortwin thaws out enough to finally mumble 'no chris, I was trying to say we're hosed'

At that point Chris will pull an all nighter writing the community an open letter explaining how crytek ruined the vision and that a new crowd funding campaign is needed to stick it to the man once more.
Backers re mortgage their mortgages and Miku moves a decimal point on his anime abacus and funding hits $500 million in an afternoon
Sandi eats her old skin and the cycle begins a new

Galarox
Sep 23, 2015

Fun Shoe

Pixelate posted:

Ortwin exec produced Carlito's Way, so...

Stick his face on Sean Penn & remove Chris Robert's head?



Nice

Virtual Captain posted:

Ortwin/Chris photobashed with Saddam's trial.


In particular I once saw befuddled image of him with the caption "No seriously, what WMDs!?" which in Star Citizen's case would translate to "No Seriously, What GAME!?"

Nicer

Beexoffel posted:

How about Derek as Don Quixote and the windmills?
Maybe some ships that fit onto windmills and Sancho Panza and Rocinante and the donkey as Goons.

Winner

Thanks goons, I think I can work on some/all of those ideas - I particularly like the DS charging at windmills. Watch this space. Any further ideas are ofc welcome. :)

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Mr.Tophat
Apr 7, 2007

You clearly don't understand joke development :justpost:

Thoatse posted:

One of my favorite parts of the Star Citizen extravaganza is how yesterday's FUD became tomorrow's optimism

This text appears upon a black background before somber footage of shitizens paratrooping into unknown game development territory comes into frame

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