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MarcusSA
Sep 23, 2007

Sillybones posted:

Oh, man. Do yourself a favour and read the first one.

Oh my god LOL

quote:

STATEMENT


This action should never have been brought. Dismissal is long overdue and proper. What would not be proper is dismissing the action “without prejudice without conditions.”1 Crytek launched and maintained this attention-seeking action irresponsibly from the outset. In year three, the case docket is littered with the detritus of reckless Crytek allegations, subject to fee shifting, thrown out as a matter of law or dropped under pressure. These caused enormous unnecessary expense. Crytek scrambles for its parachute as the March summary judgment and June trial schedule brought final reckoning ever nearer. All of the factors applicable to the Court’s discretion cry out for the action’s dismissal with prejudice.

At the very least, the Court should dismiss Crytek’s credits claim with prejudice and order that the security bond be released to CIG. Crytek should not be allowed to aim its car at CIG’s storefront window, stomp the accelerator, smash through, do doughnuts for years, then back out and drive away to maybe circle around and crash CIG again another day. Crytek richly deserves having its keys taken away for all time, so that CIG can conduct responsible business without further interference from Crytek or its series of lawyers. The security bond, which the Court generously limited in size so Crytek could make it to the end of a case it now flees, would barely cover a portion of the wreckage. The “proper” ending is the action’s dismissal with prejudice. Any other dismissal should end with the bond paid over to CIG

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Sillybones
Aug 10, 2013

go away,
spooky skeleton,
go away
I previously thought it was kind of :tinfoil: that people suggested these court documents were written by CIG for consumption by cultists. Now I have read through a document and they lay exactly that out themselves. And what they are doing with this insane car ride blurb is their press-release.

Is this whole court case still going on because CIG want to release SQ42 as a standalone console title and Crytek want to cock-block them since it would (eventually) be a breach of contract? Sorry, I have been out of the loop.

Sillybones fucked around with this message at 06:15 on Jan 18, 2020

reignofevil
Nov 7, 2008
Wish I was seating this case so I could ask 'so uhh, if you guys are doing legitimate business how precisely does letting crytek publish information from your store servers represent a threat to anything? People DO know what they're buying.... right?'

Quavers
Feb 26, 2016

You clearly don't understand game development
:trustme: Second, evidence uncovered in discovery on the Amazon license shows that in May 2019 -- a year and a half after launching the action -- Crytek sheepishly and belatedly emailed Amazon to ask if it had truly granted CIG a license covering prior versions of CryEngine, including those licensed to CIG under the GLA. In that email, Crytek conceded that an affirmative answer would likely tank its SQ42 claim. Amazon confirmed that, yes indeed, it had done just that.

:trustme: In addition to being unripe, the evidence shows that Crytek filed its SQ42 claim based on the false assumption that CIG’s license from Amazon covered only the publicly released version of Lumberyard. What Crytek did not know is that the license also included rights to prior versions of CryEngine itself, rights which Amazon granted in order to minimize the engineering time it would take CIG to migrate to Lumberyard. It was not until May 22, 2019 -- a year and a half after filing this lawsuit -- that Crytek finally decided to ask Amazon whether it “licensed the Cryengine itself directly to CIG,” conceding that the answer “might potentially have quite some influence on our evaluation of the legal situation . . . .”

:trustme: Amazon confirmed that yes, it had “included Cryengine (what you licensed to us) as part of that license to CIG.” On October 25, 2019, CIG produced a copy of the Amazon license to Crytek so it could see for itself: CIG’s separate license with Amazon operates as a complete defense against Crytek’s remaining claims so they too never should have been brought.

Crytek got Cryrekt by Amazon :drat:

Jack-Off Lantern
Mar 2, 2012

It's kinda fun how all companies involved in this are scammy, incompetent and kinda evil. I wonder if all of those Crytek Employees got all their missing back pay or not

Sillybones
Aug 10, 2013

go away,
spooky skeleton,
go away
I have to admit I always rooted for Crytek. Their engineers released papers on the details of their engines that were useful.

I wonder when CIG will start releasing papers on their poo poo, given they are the most open development in the cosmos.

Edit: All the footnotes are great. They are just cheeky burns they couldn't weave into the main text.

It is interesting they argue in places 'why did Crytek wait so long to file?' and then in other sections go 'Crytek filed too soon'.

In summary, Crytek wrote a contract with sloppy writing that did not protect them from any events that it was meant to. It was apparently actually completely useless as nothing in it protected their interests at all.

Sillybones fucked around with this message at 06:48 on Jan 18, 2020

Quavers
Feb 26, 2016

You clearly don't understand game development
Ortwinning :smuggo:

cmdrk
Jun 10, 2013

Rugganovich posted:

Did someone say Sizzle Reel?

https://www.youtube.com/watch?v=GO5PRMQ807Y

May have mentioned it before, drat loved that game made by my favourite dev's, Westwood Studios.

Jeez, that exudes late 90s/early 2k scifi. Makes me wonder if they watched this (https://www.youtube.com/watch?v=V_zwwQR_z_M) and said, "let's do that tv show as a game and go... beyond." :smuggo:

AbstractNapper
Jun 5, 2011

I can help

Quavers posted:

:trustme: Amazon confirmed that yes, it had “included Cryengine (what you licensed to us) as part of that license to CIG.” On October 25, 2019, CIG produced a copy of the Amazon license to Crytek so it could see for itself: CIG’s separate license with Amazon operates as a complete defense against Crytek’s remaining claims so they too never should have been brought.

Crytek got Cryrekt by Amazon :drat:

I love how it took CI~G these many years to find the Achilles' heel in Crytek's argument, and it was indeed confirmation that they did not switch to Lumberyard proper, but instead just changed the licenses and continued on their fork of the CryEngine.

It's puzzling to me that this can ruin the entire case for Crytek, since it seemingly means they signed away all their rights to historic versions of their own engine to Amazon, and at the same time nulled the existing contract with CI~G. Maybe that's why Skaden run away from the case :lol:

However, it does confirm what was known since the switch, at least in the "conspiracy theory" fudster forums, due to a CI~G developer explaining the situation. The ridiculous sticky man figure and the "two days" switch were all true.

I'm sure Lumberyard's features will be integrated to "StarEngine's" spaghetti nightmare any day now, :laffo:

MedicineHut
Feb 25, 2016

Strangler 42 posted:

Oh look somebody made a Cloud Imperium Games simulator https://www.youtube.com/watch?v=Mpr7_ff1mi8

This is amazing. Pro click.

AbstractNapper
Jun 5, 2011

I can help
So, let's not forget that a postcard with these to Judge Judy would have saved a lot of effort and money to both parties:




MedicineHut
Feb 25, 2016

Quavers posted:

:trustme: Second, evidence uncovered in discovery on the Amazon license shows that in May 2019 -- a year and a half after launching the action -- Crytek sheepishly and belatedly emailed Amazon to ask if it had truly granted CIG a license covering prior versions of CryEngine, including those licensed to CIG under the GLA. In that email, Crytek conceded that an affirmative answer would likely tank its SQ42 claim. Amazon confirmed that, yes indeed, it had done just that.

:trustme: In addition to being unripe, the evidence shows that Crytek filed its SQ42 claim based on the false assumption that CIG’s license from Amazon covered only the publicly released version of Lumberyard. What Crytek did not know is that the license also included rights to prior versions of CryEngine itself, rights which Amazon granted in order to minimize the engineering time it would take CIG to migrate to Lumberyard. It was not until May 22, 2019 -- a year and a half after filing this lawsuit -- that Crytek finally decided to ask Amazon whether it “licensed the Cryengine itself directly to CIG,” conceding that the answer “might potentially have quite some influence on our evaluation of the legal situation . . . .”

:trustme: Amazon confirmed that yes, it had “included Cryengine (what you licensed to us) as part of that license to CIG.” On October 25, 2019, CIG produced a copy of the Amazon license to Crytek so it could see for itself: CIG’s separate license with Amazon operates as a complete defense against Crytek’s remaining claims so they too never should have been brought.

Crytek got Cryrekt by Amazon :drat:

I may not be remembering correctly but the fact CIG had argued that older versions of CE had already been sold to Amazon is not new. Those original drawings from Bewn Parry showed exactly that claim.

The issue is still the same, is SQ42 being developed with CT CE or with Amazon LY (+ older CE versions). If the former then CT has a case to pursue. If the latter, it most likely does not. The issue of how relevant is the physical use of a specific library of code (i.e. from where and at what point of time those libraries were actually downloaded and then subsequently used to generate game code, compiled etc) I suspect is still on:

CIG: Hey amazon I would like a license from you to use LY and all CE older versions.
Amazon: Fine, here are the libraries for download from Amazon servers and to start from scratch with them.
CIG: But I had already downloaded and used those CE libraries!
Amazon: Yes, but not from us. You were not working with our license when you downloaded and used those. You were working under CT License (or breaking their license as the case may be) and using their libraries at that time. To all accounts you still are using those libraries. Now that I think of it we do not even have those older CE versions standalone available for download, just our latest LY versions. Hope that is ok?
CIG: Sure! Who would ever sue us?

Not a lawyer but I am pretty sure there must be some jurisprudence precedents on cases where rival companies licensed very similar products/services to the same client and courts ruled about which license was governing at a specific time etc.

MedicineHut fucked around with this message at 10:11 on Jan 18, 2020

AbstractNapper
Jun 5, 2011

I can help
Parry's drawings show exactly that though. That the switch to Lumberyard affected nothing but the license. They continued on their own codebase, which was forked from CryEngine, and they justified it as being in Lumberyard now, because their new shiny Lumberyard license also included the CryEngine version where they forked from.

Also, wasn't one of Crytek's arguments that in bugsmashers video(s) shown post-switch, the shown code has their own license text in it?

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

MedicineHut posted:

The issue is still the same, is SQ42 being developed

MedicineHut
Feb 25, 2016


To be fair I much rather CIG fucks it up all by itself, than an external party "imposes" the gently caress up.

Songbearer
Jul 12, 2007




Fuck you say?
Watching Crytek and CIG fight each other is like watching two beached jellyfish battle for supremacy

AbstractNapper
Jun 5, 2011

I can help

MedicineHut posted:

To be fair I much rather CIG fucks it up all by itself, than an external party "imposes" the gently caress up.

Amen.

Pixelate
Jan 6, 2018

"You win by having fun"

quote:

CIG Allows Supporters to Contribute Funds for Future Access to SQ42.

In January 2016, as CIG and Amazon neared an agreement, CIG announced that supporters would be able to support the development of Star Citizen by contributing funds for access to SQ42... Previously, CIG had included SQ42 only with the Star Citizen game packages... The announcement did not specify how players would access SQ42.

Quite keen to backtrack on SQ42 being a separate game aren’t they.

Agony Aunt
Apr 17, 2018

by LITERALLY AN ADMIN

Quavers posted:

:trustme: Second, evidence uncovered in discovery on the Amazon license shows that in May 2019 -- a year and a half after launching the action -- Crytek sheepishly and belatedly emailed Amazon to ask if it had truly granted CIG a license covering prior versions of CryEngine, including those licensed to CIG under the GLA. In that email, Crytek conceded that an affirmative answer would likely tank its SQ42 claim. Amazon confirmed that, yes indeed, it had done just that.

:trustme: In addition to being unripe, the evidence shows that Crytek filed its SQ42 claim based on the false assumption that CIG’s license from Amazon covered only the publicly released version of Lumberyard. What Crytek did not know is that the license also included rights to prior versions of CryEngine itself, rights which Amazon granted in order to minimize the engineering time it would take CIG to migrate to Lumberyard. It was not until May 22, 2019 -- a year and a half after filing this lawsuit -- that Crytek finally decided to ask Amazon whether it “licensed the Cryengine itself directly to CIG,” conceding that the answer “might potentially have quite some influence on our evaluation of the legal situation . . . .”

:trustme: Amazon confirmed that yes, it had “included Cryengine (what you licensed to us) as part of that license to CIG.” On October 25, 2019, CIG produced a copy of the Amazon license to Crytek so it could see for itself: CIG’s separate license with Amazon operates as a complete defense against Crytek’s remaining claims so they too never should have been brought.

Crytek got Cryrekt by Amazon :drat:

Sounds more like Crytek for Cryrekt by Crytek... they signed away their rights and didn't know it? LOL, absoloute dufuses!

Beexoffel
Oct 4, 2015

Herald of the Stimpire
Someone did all the work outlining how a Kickstarter project owner should act on very long delays and no updates. In this case for the Megatokyo visual novel (next month it will be six years over the original estimated delivery date):



https://forums.megatokyo.com/viewtopic.php?p=8641#p8641

Perfectly reasonable requests in my opinion. But I've seen quite annoyed replies on there, in response to similar questions.

Beet Wagon
Oct 19, 2015





Quavers posted:

It was not until May 22, 2019 -- a year and a half after filing this lawsuit -- that Crytek finally decided to ask Amazon whether it “licensed the Cryengine itself directly to CIG,” conceding that the answer “might potentially have quite some influence on our evaluation of the legal situation . . . .”

If this is true it's absolutely the funniest part of Space Court to date lmfao

shrach
Jan 10, 2004

daylight ssssaving time

Quavers posted:

:trustme: In addition to being unripe, the evidence shows that Crytek filed its SQ42 claim based on the false assumption that CIG’s license from Amazon covered only the publicly released version of Lumberyard. What Crytek did not know is that the license also included rights to prior versions of CryEngine itself, rights which Amazon granted in order to minimize the engineering time it would take CIG to migrate to Lumberyard. It was not until May 22, 2019 -- a year and a half after filing this lawsuit -- that Crytek finally decided to ask Amazon whether it “licensed the Cryengine itself directly to CIG,” conceding that the answer “might potentially have quite some influence on our evaluation of the legal situation . . . .”

Just to highlight this part though. It suggests Amazon does not grant everyone using Lumberyard all the rights to old CryEngine versions. It seems clear from a later redacted part that Star Citizen is all still based on the very same old version of CryEngine and no progress has been made migrating to Lumberyard, or if they are even trying and it was just something they told Amazon to get the licence.

Hopefully moma can find his dance shoes, I think he's going to need them soon.

Dementropy
Aug 23, 2010



Quavers posted:

Ortwinning :smuggo:

:reddit:
The Frontier forum is not their only habitat. The same people are also present on Reddit, Twitter, Facebook, YouTube, and about half a dozen smaller forums around on the net. Their obsession is absolutely mindboggling. So if you think that 11 pages of unrelenting vitriol is insane, their total output is in fact a lot bigger. They literally do nothing else all day every day and they have been at it for about 7 years now.

I'm on their people-to-stalk list. They literally have bots monitoring everything I and many others write, and some of them go through it to see if they can find something that they can latch onto and send a bunch of people to post baiting comments and gaslighting.

:reddit:
sure XD

have them cite or source that bit of BS

what a joke that reddit is.

Refunds sub always tries to spin it their way.

Then yomomma cites some fake stuff

:reddit:
the refunds sub needs more than that XD

I look forward to the next spin they try and make up.

how many failures are they going to eat in that sub? its past 12 inches for sure....

Beet Wagon
Oct 19, 2015





Well yeah I mean why get six inches of failure when a footlong is only $5

Dementropy
Aug 23, 2010



:reddit:
Here's the thing...the reFUDians, have over time, always maintained a low population, and by-and-large lived in their small group, interacting uncommonly with outsiders. This has led, as Star Citizen has progressed and prospered, to the accumulation of harmful genes and inbreeding (alt accounts). This has sadly meant that their dwindling numbers have reached a tipping point and reproduction and hence survival is no longer possible.

Their little Moderating leader beet (or whatever its name is) has been noticable by his absence and according to sources is back on Spectrum praising the development using an alt account.

:reddit:
More than one refundian will do that as time progresses. It was just expected if you ask me.

The only ones who can't afford to do that are the ones who've given out their real names. Everybody else, it's as easy as a nickname change

XK
Jul 9, 2001

Star Citizen is everywhere. It is all around us. Even now, in this very room. You can see it's fidelity when you look out your window or when you watch youtube

I can't believe you went crawling back to Spectrum, Beet. I'm so disappointed in you.

Bob Socko
Feb 20, 2001

Dementropy posted:

:reddit:
Here's the thing...the reFUDians, have over time, always maintained a low population, and by-and-large lived in their small group, interacting uncommonly with outsiders. This has led, as Star Citizen has progressed and prospered, to the accumulation of harmful genes and inbreeding (alt accounts). This has sadly meant that their dwindling numbers have reached a tipping point and reproduction and hence survival is no longer possible.

Their little Moderating leader beet (or whatever its name is) has been noticable by his absence and according to sources is back on Spectrum praising the development using an alt account.

Beet is my daddy and also my brother.

Beet Wagon
Oct 19, 2015





Bob Socko posted:

Beet is my daddy and also my brother.

Hell, same.

trucutru
Jul 9, 2003

by Fluffdaddy

Beexoffel posted:

Someone did all the work outlining how a Kickstarter project owner should act on very long delays and no updates. In this case for the Megatokyo visual novel (next month it will be six years over the original estimated delivery date):



https://forums.megatokyo.com/viewtopic.php?p=8641#p8641

Perfectly reasonable requests in my opinion. But I've seen quite annoyed replies on there, in response to similar questions.

lol, how does mega Tokyo run out of money for art? Are lead pencils too expensive nowadays?

*clicks on mt website out of morbid curiosity *

Ahahaha. Yeah, expensive art indeed.

Fidelitious
Apr 17, 2018

MY BIRTH CRY WILL BE THE SOUND OF EVERY WALLET ON THIS PLANET OPENING IN UNISON.

XK posted:

I can't believe you went crawling back to Spectrum, Beet. I'm so disappointed in you.

I knew you would do this beet. How many Idrii have you bought now?

On the topic of the new documents:

If we take CIG's words at face value, this looks like a pretty CryRekt situation. The details of their agreement with Amazon were redacted but it sounds very strongly like they assigned the rights for all past versions to Amazon and that Amazon is completely free to relicense those to whoever they want. They just usually don't do that because people don't want to license old-rear end versions of CryEngine.

Without knowing the ins and outs of licensing it seems reasonable that CIG could switch their license to being from Amazon and not have to change anything else in terms of code. The effect of this on the GLA seems uncertain.

I was already leaning towards CIG prevailing in this case but this is really starting to look like a hail mary from Crytek long after they've already sold off all their intellectual property.

Falcorum
Oct 21, 2010

Sillybones posted:

I wonder when CIG will start releasing papers on their poo poo, given they are the most open development in the cosmos.

Nothing that they're doing is particularly novel other than the large scale volumetrics (the gas cloud crap) and that's still a big ??? as to whether they'll pan out (much like the rest of the game but hey).

Falcorum fucked around with this message at 18:22 on Jan 18, 2020

Beet Wagon
Oct 19, 2015





please, I'm begging you, don't tell reddit about my alt account vanduulstomper58

If they find out that the rumor is true, I'm done for

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

XK posted:

I can't believe you went crawling back to Spectrum, Beet. I'm so disappointed in you.

Dementropy posted:

:reddit:
Their little Moderating leader beet (or whatever its name is) has been noticable by his absence and according to sources is back on Spectrum praising the development using an alt account.

How interesting that m’lady Boo wants Redditors to believe all this. Her sources (at CIG) are tracking Beet and Beet alts, and now the Chief ReFUDian is so thrilled with progress that he’s secretly raving on Spectrum via alts?

That whole thread is awesome. It reminds me of what we lost when /DerekSmart shut down. It’s a class reunion over there, and to everyone high-fiving and dropping Derpy Shart refs, it’s 2016 forevah!

Rotten Red Rod
Mar 5, 2002

trucutru posted:

lol, how does mega Tokyo run out of money for art? Are lead pencils too expensive nowadays?

*clicks on mt website out of morbid curiosity *

Ahahaha. Yeah, expensive art indeed.

From what I understand, originally they were going to employ other artists to assist, but their artwork wasn't authentically "Megatokyo" enough unless it was ONLY done by Fred so that was axed - and given Fred's working speed, the only programmer they had on the project quit long ago. The Kickstarter money was all spent on Fred's family's health and financial issues and is long, long gone.

Zzr
Oct 6, 2016

I miss Dr. Smart. Please unban him, I'm sure he'll behave well now that he has called his parents.

Beet Wagon
Oct 19, 2015





G0RF posted:

How interesting that m’lady Boo wants Redditors to believe all this. Her sources (at CIG) are tracking Beet and Beet alts, and now the Chief ReFUDian is so thrilled with progress that he’s secretly raving on Spectrum via alts?

That whole thread is awesome. It reminds me of what we lost when /DerekSmart shut down. It’s a class reunion over there, and to everyone high-fiving and dropping Derpy Shart refs, it’s 2016 forevah!

It's pretty cool that I can take like a month off from being Extremely Online and there's still people making conspiracy theories about me.

Or wait, no, I meant insane. It's pretty insane.

SoftNum
Mar 31, 2011

The whole Amazon thing sort of hinges on the idea that Amazon is allowed to licence older, unmodified versions of CryTek to other people through private licencing schemes. Which I guess is possible but it seems pants-on-head-crazy to allow Amazon to do that? Why don't all CryEngine licencees just go beg Amazon for free licence?


Also it IS strange that CIG never put the fact that they have a licence in any of their court documents to now.

G0RF
Mar 19, 2015

Some galactic defender you are, Space Cadet.

Beet Wagon posted:

It's pretty cool that I can take like a month off from being Extremely Online and there's still people making conspiracy theories about me.

Or wait, no, I meant insane. It's pretty insane.

STOP THE CHARADE YOU TWO-TIMING TRAITOR!

You busted!

Scruffpuff
Dec 23, 2015

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

Fidelitious posted:

I knew you would do this beet. How many Idrii have you bought now?

On the topic of the new documents:

If we take CIG's words at face value, this looks like a pretty CryRekt situation. The details of their agreement with Amazon were redacted but it sounds very strongly like they assigned the rights for all past versions to Amazon and that Amazon is completely free to relicense those to whoever they want. They just usually don't do that because people don't want to license old-rear end versions of CryEngine.

Without knowing the ins and outs of licensing it seems reasonable that CIG could switch their license to being from Amazon and not have to change anything else in terms of code. The effect of this on the GLA seems uncertain.

I was already leaning towards CIG prevailing in this case but this is really starting to look like a hail mary from Crytek long after they've already sold off all their intellectual property.

Even if they licensed Amazon to relicense all past versions of the engine, to my mind at least that seems to be a different issue than any licensing that Crytek themselves have entered agreements with. CIG's license agreement was with Crytek. It doesn't matter if Amazon is allowed to license the same engine version as well, if CIG wanted that they could have entered a second license agreement with Amazon, but would still have to negotiate the termination of their existing agreement with Crytek. Same engine or not.

I'm one of the guys who thinks that CIG banked on Crytek going bankrupt, which would have rendered the aforementioned initial licensing agreement moot.

It's like if I enter into a 24 month contract with AT&T for my cell phone. If my company then decides to buy me a business-paid AT&T phone of the same model, I'm still on the hook for the contract I signed. I don't get to just say "LOL same phone" and not pay.

Scruffpuff fucked around with this message at 19:11 on Jan 18, 2020

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Mr.PayDay
Jan 2, 2004
life is short - play hard
So the scenario „SQ42 shows no sign of life and progress“ is NOT a result of the Crytek lawsuit and CIG just stalling.....but indeed real incompetence , oh the surprise !, and 6 years behind the original release date 😂

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