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Mirificus
Oct 29, 2004

Kings need not raise their voices to be heard

G0RF posted:

Well the Judge Gee daughter-of-NASA connection didn’t seem to help much.

Maybe in Space Court people handle these things like adults?

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Hav
Dec 11, 2009

Fun Shoe

Conclusive proof that it's not frivolous, damned from the very mouths of backers.

Edit: "Under California law, punitive damages are supposed to be awarded only when a defendant has consciously disregarded a "known" risk. That means that punitive damages should not be imposed on a defendant for disregarding a speculative, theoretical risk. If published peer-reviewed epidemiology shows that a product does not cause cancer, and a defendant acts in reliance on those studies, that conduct does not meet the definition of malice under California." - an opinion on the recent Monsanto decision to award damages to the landscaper.

Hav fucked around with this message at 18:00 on Aug 15, 2018

Colostomy Bag
Jan 11, 2016

:lesnick: C-Bangin' it :lesnick:

Gotta love this clusterfuck.

It's that drat simple.

Jobbo_Fett
Mar 7, 2014

Slava Ukrayini

Clapping Larry

None of those have their own unique artist print number and none are dedicated to me. I'm THE Jobbo_Fett. I once trolled Lowtax into thinking there was an entire sub-reddit devoted to everything Lowtax. I DESERVE a ship of my own, apart from all the other dumb nerds here! :rant:

Mirificus
Oct 29, 2004

Kings need not raise their voices to be heard



Hav
Dec 11, 2009

Fun Shoe
First preface: Derek Smart pointed this out, but I think his conclusions are slightly off.

Second preface:


quote:

Crytek points to section 2.4 in support of its argument that section 2.1.2’s grant prohibits
Defendants from using any other software platform in Star Citizen. See id. at § 2.4 (“During the
Term of the License, or any renewals thereof, and for a period of two years thereafter, Licensee,
its principals, and Affiliates shall not directly or indirectly engage in the business of designing,
developing, creating, supporting, maintaining, promoting, selling or licensing (directly or
indirectly) any game engine or middleware which compete with CryEngine.”). Yet, section 2.4
precludes Defendants from engaging in certain competitive conduct regardless of sections 2.1’s
and 2.2’s directives. Indeed, section 2.4 supplements the preceding contractual provisions.
Accordingly, as explained above, Defendants’ interpretation of “exclusively” in section 2.1.2 of
the GLA best gives meaning to section 2.4 rather than rendering it, in part, superfluous, as
Plaintiff’s definition does. [6]

Because section 2.1.2 of the GLA neither requires Defendants to embed CryEngine in Star
Citizen nor precludes Defendants from embedding other software platforms into the game,
Plaintiff’s cause of action for breach of contract, insofar as it is predicated on section 2.1.2, fails.
The Court therefore GRANTS the MTD in connection with this aspect of Plaintiff’s cause of
action for contract breach."

Footnote:

quote:

"[6] In this regard, section 2.4 may support Plaintiff’s theory of breach in connection with Defendants’ alleged
use of another software engine in Star Citizen. See, e.g., FAC at ¶¶ 38–39; see also Opp’n at 15 (“[E]ven if the Court
were to construe Section 2.1.2 to permit Defendants to abandon CryEngine in favor of another engine . . . that same
abandonment and concomitant development . . . of that other engine would constitute breaches of Section 2.4.”). The
MTD does not move to dismiss any cause of action for breach in connection with section 2.4 of the GLA, and the
FAC predicates no theory of liability on that section. Indeed, the FAC does not even mention section 2.4. Because
Crytek did not allege any cause of action for breach in connection with section 2.4 of the GLA, and Defendants did
not move for dismissal with regard to that provision, the Court will not consider the merits of such a claim. Thus, to
the extent that Defendants’ Reply seeks dismissal of any alleged claim for breach predicated on section 2.4, the Court
does not consider the argument. See FT Travel—NY, LLC v. Your Travel Ctr., Inc., 112 F. Supp. 3d 1063, 1079 (C.D.
Cal. 2015) (collecting cases on the rule that courts decline to consider arguments raised for the first time in a reply
brief)."

The footnote seems to complain that the FAC (First Amended Complaint) is actually referencing the wrong part of the GLA, and that a revision might be possible if they were actually complaining about the right thing.

As 'AbstractNapper' pointed out, the exclusivity clause could actually still be in play.

Hav fucked around with this message at 18:26 on Aug 15, 2018

Pash
Sep 10, 2009

The First of the Adorable Dead

G0RF posted:

Time to clear the air of all the recent Pay To Win controversies and get back to the one that was already fouling the brand at the start of the year...

The first responders are, unsurprisingly, Bored and Breeeeeeeeeeeeeeeeeeeeeeeee!

YOUTUBE: BoredGamer - Crytek Vs Star Citizen Lawsuit Updates | What was Dismissed?

MASSIVELYOP: A JUDGE HAS MOSTLY DENIED STAR CITIZEN STUDIO’S MOTION TO DISMISS THE CRYTEK COPYRIGHT LAWSUIT

Man the people commenting on Boredgamer's video (did not watch so might be boardgamer as well) have no idea what like 95% of this court stuff means and are just like bam! Home run for CIG! They also still seem to think that if Crytek gets access to Star Citizen's code that they will copy and sell it, cause that's not like blatantly illegal. Besides I'm fairly sure that the CIG code would actually be looked over by a trained contracted investigator, not Crytek itself.

his nibs
Feb 27, 2016

:kayak:Welcome to the:kayak:
Dream Factory
:kayak:
Grimey Drawer
Derek has been typing...

https://threadreaderapp.com/thread/1029687504205688832.html

Hav
Dec 11, 2009

Fun Shoe

Pash posted:

Man the people commenting on Boredgamer's video (did not watch so might be boardgamer as well) have no idea what like 95% of this court stuff means and are just like bam! Home run for CIG! They also still seem to think that if Crytek gets access to Star Citizen's code that they will copy and sell it, cause that's not like blatantly illegal. Besides I'm fairly sure that the CIG code would actually be looked over by a trained contracted investigator, not Crytek itself.

You get a third party in with established credentials acceptable to both sides and the judge to go over technical evidence. SCO vs IBM had a lot of that poo poo.

In the case of Linux, there was a fairly large mobilization to get as many eyes looking for errant cut'n'paste because the basis was that SCO was claiming all derivative works from Linux and offering legal indemnification licenses' Microsoft helped fund the first round of lawsuits in what was a really interesting piece of FUD (Ooh, Linux, they're being sued).

Colostomy Bag
Jan 11, 2016

:lesnick: C-Bangin' it :lesnick:

Pash posted:

Man the people commenting on Boredgamer's video (did not watch so might be boardgamer as well) have no idea what like 95% of this court stuff means and are just like bam! Home run for CIG! They also still seem to think that if Crytek gets access to Star Citizen's code that they will copy and sell it, cause that's not like blatantly illegal. Besides I'm fairly sure that the CIG code would actually be looked over by a trained contracted investigator, not Crytek itself.

The problem is a lot of them never come out of the basement.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

Hav posted:

First preface: Derek Smart pointed this out, but I think his conclusions are slightly off.

Second preface:


“Paging Joe Blobbers, your services are needed in MOP comments, STAT.”

The Warlord, on MOP posted:

“This is completely destructive, and it’s basically lights out for CIG/RSI. My logic
(hint: I was right – since the beginning)

El Grillo
Jan 3, 2008
Fun Shoe
Is crytek likely to be able to amend their grounds to include the exclusivity argument based on cl.2.4 at this point?

Hav
Dec 11, 2009

Fun Shoe

G0RF posted:

“Paging Joe Blobbers, your services are needed in MOP comments, STAT.”

I have my barbrady template warmed and ready to go.

Hav
Dec 11, 2009

Fun Shoe

El Grillo posted:

Is crytek likely to be able to amend their grounds to include the exclusivity argument based on cl.2.4 at this point?

Speaking as an internet fuckwit, I'd say that this is on the cards. Three weeks to see if they try their luck.

Scruffpuff
Dec 23, 2015

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

Pash posted:

They also still seem to think that if Crytek gets access to Star Citizen's code that they will copy and sell it, cause that's not like blatantly illegal.

It's not even that it's illegal - everything CIG has made is literally worthless hot poo poo. You could erase every bit of work CIG has done from the first day they started coding and you'd be ahead of where they are today. That backers still think CIG has made something is incredible.

The Titanic
Sep 15, 2016

Unsinkable

Morphix posted:

I had never seen these, but the quality of these videos between 2015 and now has gone down by leagues and bounds. Like that clip could easily be mistaken to be some TBS show, I mean ignore the acting and the whatever it this is trying to convey, I'm just talking lighting, camera, etc

and now they just skype from a strange bunker with lando

There's an air of excitement when you're part of something that's moving forwards. When your stagnant and you're struggling for content and you now what the stakes are, there may be less excitement and less effort put in.

I can't imagine anybody thought that YouTube videos would be the bulk of the Star Citizen deliverable for content. But her we are, like 6,000 videos later.

Hav
Dec 11, 2009

Fun Shoe

Scruffpuff posted:

It's not even that it's illegal - everything CIG has made is literally worthless hot poo poo. You could erase every bit of work CIG has done from the first day they started coding and you'd be ahead of where they are today. That backers still think CIG has made something is incredible.

My 'secret' project is that I'm building a bunch of the systems in space engine, but I'm running into two main issues. 1) A specific upper limit on the size of .sc files that I can't seem to pin down. 2) The sheer loving boredom of the systems that they have created.

Like the most interesting binaries are P-types with close companions of roughly the same type. Even 'Banshee' is described as a complicated system of a neutron star and a couple of white dwarfs. Why not have a real drat anomaly, like a pair of baryacentric terran worlds.

The lack of imagination shown is like artistic gruel.

The Titanic
Sep 15, 2016

Unsinkable

Early expectations of what is to come from more devs not afraid of being blackballed from the industry?

Colostomy Bag
Jan 11, 2016

:lesnick: C-Bangin' it :lesnick:

Hav posted:

Speaking as an internet fuckwit, I'd say that this is on the cards. Three weeks to see if they try their luck.

Yeah. There is no reason not to but maybe incense the judge.

Somehow this shitheap will get settled if CIG makes it that far.

Beet Wagon
Oct 19, 2015





lol space court is good again

El Grillo
Jan 3, 2008
Fun Shoe

Hav posted:

Speaking as an internet fuckwit, I'd say that this is on the cards. Three weeks to see if they try their luck.
Certainly they will try. It seems a heck of an oversight not including it separately and in the alternative in their original grounds (speaking as a UK legal trainee Internet fuckwit).

Pash
Sep 10, 2009

The First of the Adorable Dead

Scruffpuff posted:

It's not even that it's illegal - everything CIG has made is literally worthless hot poo poo. You could erase every bit of work CIG has done from the first day they started coding and you'd be ahead of where they are today. That backers still think CIG has made something is incredible.

I agree, i just forgot to mention that. Ya no way anyone wants what CIG has done.

The Titanic
Sep 15, 2016

Unsinkable

Jack the Lad posted:

Maybe Chris Roberts is playing 11D chess with Crytek and they've just given him the perfect excuse to scrap Squadron 42.

"It would have been amazing, what a shame that Crytek's lawsuit means we can never release it."

I think Squadron was the first thing, with Star Citizen added later?

For as much fun as you think that would be, I think it would be even more hilarious if they decided to scrap Star Citizen and focus on the 3D fmv Wing Commander game.

All those chariots and dreams gone like leaves in the wind. :dukedoge:

Hav
Dec 11, 2009

Fun Shoe

El Grillo posted:

Certainly they will try. It seems a heck of an oversight not including it separately and in the alternative in their original grounds (speaking as a UK legal trainee Internet fuckwit).

They really threw a hail mary in the original complaint, as they were alleging bad faith on behalf of Ortwin & Jones, then decided that they didn't have enough evidence to throw it out as an allegation.

I'm hella amused that they tried to shuffle RSI under the rug.

Pash posted:

I agree, i just forgot to mention that. Ya no way anyone wants what CIG has done.

Backers consistently overvalue the work that CiG has done.

Which is a bit of a mistake considering one of the complaints is that CiG promised backported code to make Cryengine better.

Sarsapariller
Aug 14, 2015

Occasional vampire queen


You know, it's been two or three months since I really saw anything from Derek, either of the AS I HAD PREDICTED variety or the BREAKING STANDBY TWO WEEKS variety. I can't really say I have been missing his unique brand of content.

Colostomy Bag
Jan 11, 2016

:lesnick: C-Bangin' it :lesnick:

I enjoyed Lando's back-handed dismissal in one of their poo poo shows last week asking about the Carrack.

"No, we haven't started working on it. Nothing else to be said."

Dick heads and a gently caress off to original backers.

Ayn Marx
Dec 21, 2012

G0RF posted:

By the power invested in me by the absolute state of Space Court, I hearby summon MoMA.

IT IS SO ORDERED that you appear before the Space Court and submit your amended :smuggo: MOTION TO DISS.

IT IS ALSO DETERMINED that Charlie Hall file a briefing before the Space Court that buries the lede PURSAUNT to the terms outlined in the RSI CIG/Vox LICENSE TO SHILL contract, as per Addendumb 4 attached to this ruling.

It is so ordered, no quid pro quo?

A Neurotic Corncob
Nov 12, 2016

A light wind swept over the corn, and all nature laughed in the sunshine.
hello friends :hfive:

ewe2
Jul 1, 2009

Mr Fronts posted:

I found myself singing Pink Floyd while reading the Crytek court document, and couldn't work out why... until I remembered this... this is why...

How did I miss this :five:

Hav
Dec 11, 2009

Fun Shoe

Ayn Marx posted:

It is so ordered, no quid pro quo?

ipso facto etcetera etcetera etcetera

Dogeh
Aug 30, 2017

ShitMeter: -------------|- 99%

Jobbo_Fett posted:

I DESERVE a ship of my own, apart from all the other dumb nerds here! :rant:

D1E
Nov 25, 2001


Game dead/CIG bankrupt yet?

reverend crabhands
Feb 3, 2016

Tippis posted:

You'd think that the lawyers on both sides, having seen the whole mess, would be the ones least likely to buy anything from anyone related with this project.

I am surprised CIG haven't already sold a lawyering ship already, and some promise of various lawsuit gameplay. Seems like a gap there to me.

Mirificus
Oct 29, 2004

Kings need not raise their voices to be heard

Ayn Marx posted:

It is so ordered, no quid pro quo?

https://twitter.com/TheRealGremlich/status/942112038574329858

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

Colostomy Bag posted:

I enjoyed Lando's back-handed dismissal in one of their poo poo shows last week asking about the Carrack.

"No, we haven't started working on it. Nothing else to be said."

Dick heads and a gently caress off to original backers.

The disdain is real.

Ayn Marx posted:

It is so ordered, no quid pro quo?

“I’m glad your Motion to Dismiss is dead, CIG.”


:five:

So awesome.

SpaceCurtisLeMay
Sep 30, 2016

We're at war with Goons. We were attacked by Goons. Do you want to kill Goons, or would you rather have Citizens killed?

Zaphod42 posted:

And also support it after release?

If you release a product you're planning on the support costs coming out of sales of said product. If it doesn't sell you're not going to need to support it.

SpaceCurtisLeMay
Sep 30, 2016

We're at war with Goons. We were attacked by Goons. Do you want to kill Goons, or would you rather have Citizens killed?

ahmini posted:

The exclusivity thing and punitive damages were two of the main threats to CIG's existence. They've won on those fronts so the most serious thing that comes out of this is that CIG can't release SQ42 as a separate game, which doesn't seem to be a problem right now as SQ42 doesn't exist in any meaningful sense anyway.

I would say that although most of the MTD was denied, enough significant areas were granted to call it a draw at this point unless Crytek come back with amendments to counter the dismissed points.

The biggest threat to CIG was/is discovery..

trucutru
Jul 9, 2003

by Fluffdaddy
Lol, at the whole "this is good for star citizen"



This is good for Brazil citizen.

tuo
Jun 17, 2016

trucutru posted:

Lol, at the whole "this is good for star citizen"



This is good for Brazil citizen.

yeah, german national soccer team is awesome
:negative:

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Dogeh
Aug 30, 2017

ShitMeter: -------------|- 99%

tuo posted:

yeah, german national soccer team is awesome
:negative:

yeah, german national soccer team was awesome

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