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A Neurotic Corncob posted:When they realize our entire system of laws is under the spellbinding aura of Lie-tek, the citizens will have only one option; secede from the union and declare war on the United States. The United States would win by simply asking their ISPs to turn off the Internet services to said warmongerers. They would surrender after two weeks of having to actually go outside to buy food, talk to people or spend their money on garbage.
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# ? Jan 28, 2018 15:40 |
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# ? May 21, 2024 15:45 |
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# ? Jan 28, 2018 15:42 |
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Mr Fronts posted:What the gently caress is this bullshit? So… wait. Is he trying to explain why a simple economic model of direct impact means that it won't model economy properly? Basically, what's not just trivial to conclude, but what's been known in game design for… oh… 80+ years? And he's trying to suggest that this makes things difficult, when it's actually pretty easy to solve, design-wise?
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# ? Jan 28, 2018 15:50 |
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RubberJohnny posted:
Is this in any overview-post yet?
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# ? Jan 28, 2018 15:58 |
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Lawyer dude is live chatting about the lawsuit now: https://www.twitch.tv/leonardfrench/
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# ? Jan 28, 2018 16:15 |
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Sarsapariller posted:The trick to reading Derek's articles is to skip to the final 2 paragraphs. Everything before then will be a recap, the last two will have the new stuff, if any. Yeah, but the blogs aren't written for you guys. Not everyone is moronic enough to come here, or visit all the placed where things are discussed. So yeah, some stuff will be new to you guys. And that's why, as a signal booster, I'm a famous wahlord, and you're not. ----------------
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# ? Jan 28, 2018 16:19 |
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Looking at the filing from an unbiased and neutral standpoint, does CIG's response hold a candle; if at all?
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# ? Jan 28, 2018 16:21 |
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no_recall posted:Looking at the filing from an unbiased and neutral standpoint, does CIG's response hold a candle; if at all? I don't think you're going to find an unbiased and neutral standpoint around here. Anyone who can be arsed to read those documents has some kind of preconception about this mess. However, rational voices among supports of CIG have pointed out the response is unprofessional in tone and/or verbosity.
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# ? Jan 28, 2018 16:31 |
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no_recall posted:Looking at the filing from an unbiased and neutral standpoint, does CIG's response hold a candle; if at all? It doesn't seem to conclusively answer all of Crytek's arguments and claims, so it is hard to see how CIG's motion to dismiss is granted. In that sense, it doesn't. Then you get into more subjective matters of tone and clarity, and that's much more subject to our biases. Most of us hold that it is much more poorly written than the Skadden filing and unnecessarily aggressive, which might play well to the more zealous backers but is probably at best neutral and more probably actively harmful when the judge is actually reading and assessing the arguments on both sides.
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# ? Jan 28, 2018 16:39 |
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isnt the gold armour just like gold mechs for mwo?
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# ? Jan 28, 2018 17:17 |
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https://www.twitch.tv/videos/223287750?t=52m07s
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# ? Jan 28, 2018 17:19 |
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no_recall posted:Looking at the filing from an unbiased and neutral standpoint, does CIG's response hold a candle; if at all? The motion will get denied, as it is being filed under FRCP 12(b)6. This particular rule in the charming Federal Rules of Civil Procedure handbook states that a motion can be filed in defense "for failure to state a claim for which relief can be granted." This denial is indisputable and inarguable because the standard for a dismissal under FRCP rule 12(b)6 is "In appraising the sufficiency of a complaint for failure to state a claim is that a complaint should not be dismissed ...unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson (1957), 355 U.S. 41 (emphasis added). That's a SCOTUS ruling; this binds all the courts in the Federal system, including our little district court. That is to say, the standard is to weed out the cases that are either totally incompatible with the legal system -- alleging a witch put an evil eye on a child, say. Or asking for declaratory ruling that you're the God King of Arrakis. As the rule says, there's no "relief" available to such a claim in the law or equity; we do not recognize the outcome or we do not recognize that this is a "thing" for which you can sue someone over. Really technical analysis of the claims can be very hair-splitting if the elements of the law that support the claim are complex. But if you read that tiny excerpt from the ruling (which is part of every 1L's CivPro syllabus) then there's no objective way to grant the motion, because Crytek's claims are pretty straightforward: there exists a contract, CIG broke it, Crytek was harmed, give us money. See, whether or not we get to the actual merits of the claims in the response, CIG has already severely hosed up by trying to substitute Crytek's facts with their own. "Unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim." CIG does NOT get to do that. You do NOT get to say "well if my version of the facts are right, then you must dismiss!" NO! That's what 1L students gently caress up and civpro professors have to hammer that in to their thick skulls. You dismiss if you look at it under every possible angle and can't find a way to proceed. The standard is so high that it's almost never granted when a cause of action is brought by an actual trained lawyer since it's for obvious losers and they should be getting laughed out of the attorney's office, nevermind at the stage that you're reading your rubbish case in front of a judge. I looked at the table of contents on the response, saw that CIG was trying to argue on the merits and closed the PDF. If you have to argue the very facts of the case, guess what dumbass? You've got an actual "case or controversy" ripe for judicial intervention! You've proven to the court that procedurally it should hear both sides because the one side where Crytek's facts prevail, CIG is hosed. On the one hand if the response is true, CIG is not hosed. And the only way to do that...is to go through the entire process of holding a trial and evaluating evidence! Congratulations CIG, you forgot basic CivPro. I'm hope you're happy. (I am because this is hilarious to me)
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# ? Jan 28, 2018 17:23 |
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Streetroller posted:Uhhh. There’s the minor wrinkle that GET lines also turn up in logs. As you say, web 101, tho. kw0134 posted:Annoying effort legal post incoming! I appreciate your effort. I also looked at their response, giggled and closed the PDF.
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# ? Jan 28, 2018 17:31 |
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kw0134 posted:I looked at the table of contents on the response, saw that CIG was trying to argue on the merits and closed the PDF. If you have to argue the very facts of the case, guess what dumbass? You've got an actual "case or controversy" ripe for judicial intervention! You've proven to the court that procedurally it should hear both sides because the one side where Crytek's facts prevail, CIG is hosed. On the one hand if the response is true, CIG is not hosed. And the only way to do that...is to go through the entire process of holding a trial and evaluating evidence! Congratulations CIG, you forgot basic CivPro. I'm hope you're happy. I doubt very much that FKKS forgot basic CivPro. I do suspect that Ortwin doesn't care, because CIG management aren't playing on the level of reality. They're playing on the backers' level. "You said a mean and nasty thing about us. That makes you WORSE THAN HITLER so we must cause you as much humiliation and harm as possible, with the maximum force possible, because How Dare You." Daring to file this lawsuit in the first place is the ultimate evil.
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# ? Jan 28, 2018 17:33 |
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Bofast posted:The United States would win by simply asking their ISPs to turn off the Internet services to said warmongerers. They would surrender after two weeks of having to actually go outside to buy food, talk to people or spend their money on garbage. We have secret societies on the inside of the ISPs that are currently waiting to be activated to provide a shadow internet in the event that our loving uptime is compromised. SLAs can melt steel beams.
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# ? Jan 28, 2018 17:34 |
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Loxbourne posted:I doubt very much that FKKS forgot basic CivPro. I do suspect that Ortwin doesn't care, because CIG management aren't playing on the level of reality. They're playing on the backers' level. "You said a mean and nasty thing about us. That makes you WORSE THAN HITLER so we must cause you as much humiliation and harm as possible, with the maximum force possible, because How Dare You." If you're, say, a German transplant that may or may not have gotten a full three years of legal training in the nation that you've moved to, then that's a bit more understandable...
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# ? Jan 28, 2018 17:40 |
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If it pleases Space Court... The whole 'dog ate my homework' bit about bug fixes is puzzling me: quote:If the Court allows the claim to proceed, Defendants will demonstrate that CIG tendered delivery of the bug fixes more than two years ago, but that tender was ignored and then forgotten by Crytek. CIG satisfied any remaining obligation under Section 7.3 of the GLA by delivering an updated version of the bug fixes on January 23, 2018, a delivery that CIG planned to make before Crytek jumped the gun and sued. So sure, cute, they suddenly and spontaneously lobbed some fixes over. But the 7.3 clause sez they should be chucked over annually until publication: quote:Annually during the Game's development period, and again upon publication of the final Game, Licensee shall provide Crytek with any bug fixes, and optimizations made to the Cryengine's original source code files... So they didn't even try to send any in 2016, by their own account? Sounds like they acknowledge the Crytek definition of July 31 2015 = "First Public Release" then? (It's not like they can try their ''We were in the Lumberyard, with the gingham dress on' switcheroo, as that was 2.6 / late 2016 etc.) So. QED? They're acting like SQ42 is published as far as the GLA is concerned? --- e: DISCLAIMER: I don't understand the law, or time. The "First Public Release" thing is just loving funny Pixelate fucked around with this message at 18:32 on Jan 28, 2018 |
# ? Jan 28, 2018 17:41 |
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# ? Jan 28, 2018 17:42 |
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Leonard "I'm not really that great with contract law, especially Californian contract law", *proceeds to pick apart a super complex contract law case with his self proclaimed inexperience* French Guy's so idiotically out of his depth. He should shut up and stop panhandling because it's obvious he's only doing this poo poo to squeeze idiot citizens for money by fluffing CIG's legal defence.
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# ? Jan 28, 2018 17:44 |
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kw0134 posted:Annoying effort legal post incoming! Agreed 100% Also, this is why when I see people floating the theory that CIG is probably deliberately loving up this case so that they lose, thus getting an excuse (Crytek sued us) it doesn't sound so far-fetched after seeing their latest filing. There is no other explanation. ps: I called all of what I highlighted back on Dec 13th, 2017. ----------------
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# ? Jan 28, 2018 17:44 |
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kw0134 posted:That's why I said "CIG" because I don't know whose hand is writing this flibertygibberish. If you're an experienced attorney then of course you know. If you're an inexperienced one, then you've just took the bar exam and ought to know, and probably know better the dusty corners of procedure than some of the older associates. Indeed. And since the first filing, I have always maintained that these responses have Ortwin all over them, and he's only using FKKS as attorneys of record. Nothing else makes any sense. ----------------
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# ? Jan 28, 2018 17:46 |
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Xaerael posted:Leonard "I'm not really that great with contract law, especially Californian contract law", *proceeds to pick apart a super complex contract law case with his self proclaimed inexperience* French It's embarrassing. ----------------
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# ? Jan 28, 2018 17:47 |
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I mean, well done to Leonard French for working out what CIG have, in that all you need to do is tell this group of mongos what they want to hear, and they open their wallets up to you like you're a two dollar whore. But if he hasn't worked out his exit plan, he's going to have a ton of citizen howling to wade through when CIG loses more than "a hundred thousand dollars or so".
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# ? Jan 28, 2018 18:00 |
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D_Smart posted:Agreed 100% If CIG saw some advantage with using Lumberyard due to better network code (or whatever reason), they could have gone back to Crytek and asked to amend the contract in a way that would have been lucrative for both parties. Then they all could have continued with building SC and perhaps even got a better working relationship with Amazon out of it, all three entities working together towards a common goal. But no: CIG chose the option to screw Crytek first. In my opinion Chris probably had the initial idea to bail on Crytek and Ortwin agreed, thinking the scheme would work since Crytek appeared vulnerable and unable to do anything about the double-cross. When presented with business and ethical challenges Croberts always appears to favor the low road: "The backers will never know"....
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# ? Jan 28, 2018 18:06 |
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Xaerael posted:I mean, well done to Leonard French for working out what CIG have, in that all you need to do is tell this group of mongos what they want to hear, and they open their wallets up to you like you're a two dollar whore. But if he hasn't worked out his exit plan, he's going to have a ton of citizen howling to wade through when CIG loses more than "a hundred thousand dollars or so". I definitely feel I can see in his eyes every time he says "Well from my perspective it seems like Star Citizen have the stronger argument... but" he knows it's not really like that and that there will be a point in the future when he has to explain why a judge has interpreted everything in a completely different way to himself.
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# ? Jan 28, 2018 18:07 |
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Xaerael posted:Guy's so idiotically out of his depth. He should shut up and stop panhandling because it's obvious he's only doing this poo poo to squeeze idiot citizens for money by fluffing CIG's legal defence. Give the people what they want.
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# ? Jan 28, 2018 18:08 |
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I honestly don't think Skadden knows who they are loving with. Ortwin will pull a Mumm-ra from the Thundercats when the time comes.
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# ? Jan 28, 2018 18:25 |
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Quick question for any lawgoons still lurking. So, assuming it goes to court, how does the injunction work? Is that optional? Who has to prove they're still/not using CE code over LY code? Does it just go "BOOM" and start right away, or do they have time to fix their poo poo? Xaerael fucked around with this message at 18:32 on Jan 28, 2018 |
# ? Jan 28, 2018 18:29 |
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Xaerael posted:Quick question for any lawgoons still lurking. I'm not a lawyer but
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# ? Jan 28, 2018 18:31 |
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I'm the worst kind of lawyer.
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# ? Jan 28, 2018 18:32 |
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Also, if the injunction is denied (and I'm assuming it will), how much time will CIG have before the discovery process begins? Are there ways for CIG to stall the process?
A Neurotic Corncob fucked around with this message at 18:40 on Jan 28, 2018 |
# ? Jan 28, 2018 18:37 |
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It there is one thing CIG is good at, is stalling.
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# ? Jan 28, 2018 18:39 |
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Colostomy Bag posted:I honestly don't think Skadden knows who they are loving with. So... Lose and run away?
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# ? Jan 28, 2018 18:42 |
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Star Citizen: Making the F-35 look like a sound investment
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# ? Jan 28, 2018 18:47 |
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The preliminary injunction will certainly be denied. There's no irreparable harm that cannot be remedied by a liquidated judgment (i.e., cash money) at the end if Crytek prevails. The injunction may or may not be granted at the end of the trial if Crytek wins, to which Crytek is entitled to if there's a copyright violation. If it is, then it takes effect at a time the court deems appropriate, which may be immediately once the judgment is entered. This can be stayed pending any appeals, so if and when the poo poo truly hits the fan there will be long notice of it happening. How it'll be enforced is going to be crafted by the court with the plaintiffs strongly advising -- Crytek can basically write the order for what they'd like to see to ensure satisfactory behavior, and the judge can sign off on it or modify it. Remember, at this point CIG has had an open and fair opportunity to show no wrongdoing and if the injunction takes place well they've hosed up in the eyes of the court and under copyright laws they're not entitled to any real benefit of the doubt. This can be pretty drat invasive, and as we've seen before in other cases the fact it's fatal to them is of no import to the court; after all, the law itself wants the consequences to be heavy and painful. I wouldn't be surprised if CIG is forced to allow Crytek to audit the whole thing top to bottom and Crytek is allowed to go "this is mine, this is mine, this is mine, this garbage is not ours, eww, this is mine..." until there's naught left but T-posed commandos and jpegs. Also discovery and stuff like getting all the hearings in place before setting a trial date should start kicking into gear once the initial handshakes finish. If CIG stalls, then the court can get real cross, especially if the other side is ready. The court will be content with delaying things if there's serious settlement talks going on though; getting out of actually holding a trial is job one in the court system given how many cases are pending on a typical docket. Both sides seem dug in and are lobbing grenades o'er the top, but that could be just a front while serious talks by adults are being held in a conference room somewhere, it's happened far too often to dismiss. CIG probably has no adults in charge though.
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# ? Jan 28, 2018 18:50 |
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I guess a Diff of the last build of the CryEngine as provided by CryTek against the current build of Star Citizen should show what's "original CIG Code".
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# ? Jan 28, 2018 18:54 |
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Tank Boy Ken posted:I guess a Diff of the last build of the CryEngine as provided by CryTek against the current build of Star Citizen should show what's "original CIG Code".
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# ? Jan 28, 2018 19:08 |
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kw0134 posted:I wouldn't be surprised if CIG is forced to allow Crytek to audit the whole thing top to bottom and Crytek is allowed to go "this is mine, this is mine, this is mine, this garbage is not ours, eww, this is mine..." until there's naught left but T-posed commandos and jpegs. I hope CIG has been the last few weeks replacing Crytek comments in the code with random 'Made by Chris' dates on them.
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# ? Jan 28, 2018 19:11 |
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D_Smart posted:Yeah, but the blogs aren't written for you guys. Not everyone is moronic enough to come here, or visit all the placed where things are discussed. So yeah, some stuff will be new to you guys. And that's why, as a signal booster, I'm a famous wahlord, and you're not. I know I'm arguing with a brick wall, but: nobody who's reading a blog about Star Citizen legal proceedings at this stage in the game is unfamiliar with the drama to date. A dramatic and wide-ranging summary is great if you are a media outlet bringing the story to ten thousand fresh new sets of eyes, but at this point the thread and your blog are basically the hardest of the hardcore special-interest demo's and you are only going to get a few dozen people at most. At that point it's better to do fun, interesting "Hot takes" on the latest stuff, followed by a really insightful and conversation-altering long-form post once every couple months, if you have a lot of new dirt to cover. You don't know whether or not I'm a warlord. You don't know my life.
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# ? Jan 28, 2018 19:24 |
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# ? May 21, 2024 15:45 |
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nnnotime posted:That would get complicated since they would have to also view diffs from past builds, during the time period when CryTek claims the contract breach took place. If they kept those builds around. It might actually be possible that they're not using any kind of version control. Though I find that hard to believe. You can't be that
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# ? Jan 28, 2018 19:24 |