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Aug 14, 2015




https://www.courtlistener.com/docket/6256484/108/3/crytek-gmbh-v-cloud-imperium-games-corp/
the letter chain is in attachments.

Crytek posted:

#:1576
Hi JC,

I hope you are well.

As you might know we are in a legal dispute with CIG. One main point of this dispute is that
CIG - in our opinion - does not have a sufficient license in the Cryengine at least for the
development and exploitation of Squadron42.

Originally it was Cloud Imperium Games position - in our understanding - that they don't
need such a license since they have a license of Lumberyard which covers Squadron42.
They now seem to have modified their argumentation and claim that they also have a
license in the Cryengine itself which was granted by Amazon. At least that is our
understanding of the following statement from Cloud Imperium Games:

"In July 2014, Crytek granted Amazon a license that included Cryengine, including
the rights to rebrand and resell the technology to rs. Goldman Decl. Exs. 1, 7, 8.5
On February 9, 2016, Amazon announced that it would use CryEngine as the basis
for a new engine called Lumberyard. Id. Amazon made Lumberyard, including full
access to the source code, available for free to all Amazon Web Services
customers. Id. By agreement dated as of April 30, 2016, Amazon granted CIG a
license to use in Star Citizen and Squadron 42 not only Lumberyard, but also the
version of CryEngine that was embedded in the G source code. Freyermuth Dec1.11
9. On December 23, 2016, CIG publicly announced its switch from Cryengine to
Lumberyard. Id. Ex. 2."

Since this claim deviates from CIG's original argumentation and might potentially have
quite some influence on our evaluation of the legal situation we would like to ask you
whether you can confirm that Amazon licensed the Cryengine itself directly to CIG?

I look forward to hear back from you or connect me with the right person.

Amazon posted:

Hi Avni- sorry for the late reply as I've been traveling a bit.
Normally we wouldn't discuss a customer relationship — those relationships are confidential and we take that very
seriously. However, given the circumstances, we have asked CIG for authorization to share, and they have
given approval.
We can confirm that yes, Amazon did license Lumberyard to CIG in 2016, and we included Cryengine (what you
licensed to us) as part of that license to CIG.
Best-
-JC

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Serjeant Buzfuz
Dec 5, 2009

Starcitizen: too big to fail?

Ineffiable
Feb 16, 2008

Some say that his politics are terrifying, and that he once punched a horse to the ground...


Lou Takki posted:

Starcitizen: too big, tofail!

You had the wrong punctuation.

Aqua Seafoam Shame
Aug 20, 2018

by astral
Heads up, an upcoming indie space game that features space legs (inside a ship), multi-player and multi-crew action, with each player operating a different in-ship subsystem. Clearly this is a Strike Commander situation where lesser devs have copied the ideas of his Christness before he finished his own game:

https://www.youtube.com/watch?v=njj3mmyYGJ4

Pixelate
Jan 6, 2018

"You win by having fun"

Kind of interesting that they were worried about the CE licensing (May 2019) specifically due to this quote:

quote:

Amazon granted CIG a license to use in Star Citizen and Squadron 42 not only Lumberyard, but also the version of CryEngine that was embedded in the G source code.

They got a reply in the same month, confirming the situation.

But then in June 2019 the new lawyers used that exact quote as a hook for their new argument:



That kind of suggests that the Amazon licensing of CE to CIG doesn't have them that spooked. (Possibly for the reasons hav suggests? That it's not just a case of changing the headers etc...)

Pixelate
Jan 6, 2018

"You win by having fun"
But all of this will pale when the Hello Kitty wars hit...

Hav
Dec 11, 2009

Fun Shoe

shrach posted:

This seems irrelevant to the motion to dismiss though. Crytek aren't arguing any of this in their motion to dismiss.

The motion to dismiss here is from Crytek, so the only relevant facts are the ones that Crytek presents, namely that discovery has produced information that underlines the concept that their claim is not ‘ripe’, the portion they used is redacted because it refers to privileged information gained during discovery.

CI!G appears to be trying to pin this onto a lack of ‘delivery method’, which suggests to me that Crytek have gotten hold of details of a timely deal.

Utter theory; SQ42 as a new console exclusive.

shrach
Jan 10, 2004

daylight ssssaving time

Hav posted:

The motion to dismiss here is from Crytek, so the only relevant facts are the ones that Crytek presents, namely that discovery has produced information that underlines the concept that their claim is not ‘ripe’, the portion they used is redacted because it refers to privileged information gained during discovery.

CI!G appears to be trying to pin this onto a lack of ‘delivery method’, which suggests to me that Crytek have gotten hold of details of a timely deal.

Utter theory; SQ42 as a new console exclusive.

I guess we will find out soon enough on the motion to dismiss but I find the argument that the claim is not yet ripe as funny as the CIG lawyers apparently, because no one (apart from Crytek apparently) needed discovery to know that the game doesn't even exist yet and CIG have admitted that since the start, even using it as a defence.

skeletors_condom
Jul 21, 2017

Gort posted:

Rebel Galaxy: Outlaw is a modern take on Privateer.

AFAIK, it's unplayable on M+KB and the devs have a attitude that this is not a big deal.

monkeytek
Jun 8, 2010

It wasn't an ELE that wiped out the backer funds. It was Tristan Timothy Taylor.

Was Amazon sold 3.7 or 3.8? If 3.8 and CIG never made the necessary code updates to 3.8 couldn't their liability rest on that point?

Quavers
Feb 26, 2016

You clearly don't understand game development
"Fake it until you make it"

The Visionary: Out For Pledges In Hollywood Valley

Quavers
Feb 26, 2016

You clearly don't understand game development

monkeytek posted:

Was Amazon sold 3.7 or 3.8? If 3.8 and CIG never made the necessary code updates to 3.8 couldn't their liability rest on that point?

Amazon Lumberyard is based on CE 3.8

Whether or not Crytek sold Amazon previous versions too, for third-party licensing, is yet to be made public. There's been no official statement from Crytek or Amazon on that matter.

AbstractNapper
Jun 5, 2011

I can help
Personally I wait for Lumberyard to collapse.
I don't know how that thing can be considered successful if no one's using it.

Agony Aunt
Apr 17, 2018

by LITERALLY AN ADMIN

Aqua Seafoam Shame posted:

Heads up, an upcoming indie space game that features space legs (inside a ship), multi-player and multi-crew action, with each player operating a different in-ship subsystem. Clearly this is a Strike Commander situation where lesser devs have copied the ideas of his Christness before he finished his own game:

https://www.youtube.com/watch?v=njj3mmyYGJ4

Fidelitious.

Agony Aunt
Apr 17, 2018

by LITERALLY AN ADMIN
Space court. Best court.

Cao Ni Ma
May 25, 2010



AbstractNapper posted:

Personally I wait for Lumberyard to collapse.
I don't know how that thing can be considered successful if no one's using it.

honestly not a single game has come out yet for the engine I think and their MMO had a massive set back when they had to completely redesign their PVP because of how toxic it was becoming during closed testing

Quavers
Feb 26, 2016

You clearly don't understand game development
:reddit: SDC vs TURBOR 40 man wing fight. 12 vs 27. Biggest fight in SC History

https://www.youtube.com/watch?v=RJtKoLTsdc8

:itwaspoo:

Agony Aunt
Apr 17, 2018

by LITERALLY AN ADMIN

Blue On Blue posted:

Squadron 42 features real-time render-to-texture comm feeds from NPCs. So, if the player has a comms call with Old Man, the wing leader will actually be in his cockpit and filmed live when responding. The team wanted to determine a gold standard for key video comms partners the player will interact with, including their wing leader, air traffic control, and an Idris captain.

What the gently caress does this even mean

I’m just picturing Chris sitting in a directors chair ready whenever someone logs into sq42

Action !!

What it means is CIG once again chose the most difficult, time consuming, resource hogging, and absoloutely not necessary or useful way of doing something.

This is one of those times when CIG truly did something never been done before, and as usual, the reason nobody has ever done it before is because its loving stupid.

Sanya Juutilainen
Jun 19, 2019

by Jeffrey of YOSPOS

Aqua Seafoam Shame posted:

Heads up, an upcoming indie space game that features space legs (inside a ship), multi-player and multi-crew action, with each player operating a different in-ship subsystem. Clearly this is a Strike Commander situation where lesser devs have copied the ideas of his Christness before he finished his own game:

https://www.youtube.com/watch?v=njj3mmyYGJ4

"Co-pilot tracks all objects around the ship" => proceeds to show 2D flat map of space.

Uhhh, you might want to revisit that one...

Agony Aunt
Apr 17, 2018

by LITERALLY AN ADMIN

Cao Ni Ma posted:

honestly not a single game has come out yet for the engine I think and their MMO had a massive set back when they had to completely redesign their PVP because of how toxic it was becoming during closed testing

A PvP game becoming toxic? Who would have thunk?

Mokinokaro
Sep 11, 2001

At the end of everything, hold onto anything



Fun Shoe

skeletors_condom posted:

AFAIK, it's unplayable on M+KB and the devs have a attitude that this is not a big deal.

Nah. It's playable. The default keybindings are just kinda awkward (but you can fully remap.)

stingtwo
Nov 16, 2012

Cao Ni Ma posted:

honestly not a single game has come out yet for the engine I think and their MMO had a massive set back when they had to completely redesign their PVP because of how toxic it was becoming during closed testing

2 games have, Amazons racing game based on their show The Grand Tour, the game is considered trash and a fighting game, everything else is in limbo or canceled.

oh and a news story came out about how Amazon themselves hate working on the game engine. https://www.greenmangaming.com/newsroom/2019/06/19/lumberyard-game-engine-blamed-for-amazon-game-studios-lay-offs/

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

Scruffpuff
Dec 23, 2015

Fidelity. Wait, was I'm working on again?
It is rather pointless and silly to sue a company that hasn't done anything yet.

Precambrian Video Games
Aug 19, 2002



Scruffpuff posted:

It is rather pointless and silly to sue a company that hasn't done anything yet.

And yet that company is still raking in millions selling those nothing dreams.

SoftNum
Mar 31, 2011

quote:

We can confirm that yes, Amazon did license Lumberyard to CIG in 2016, and we included Cryengine (what you
licensed to us) as part of that license to CIG.

This is what we knew all along. But this is a legally distinct claim from the claim that "Amazon can licence us old Cry outside of Lumberyard" and still begs the question if they switched to the Lumberyard version they were licensed.

One also has to wonder why this wasn't brought up front and center at the beginning. Maybe CIG wanted an affirmative ruling all along and now that Cry is trying to postpone the cases until CIG does something wrong that's why they're trotting it out now.

One would expect a filing from Cry detailing the agreement with Amazon about what they can and can't license.

Agony Aunt
Apr 17, 2018

by LITERALLY AN ADMIN

Quavers posted:

:reddit: SDC vs TURBOR 40 man wing fight. 12 vs 27. Biggest fight in SC History

https://www.youtube.com/watch?v=RJtKoLTsdc8

:itwaspoo:

Excellent. One of the reasons i hope SC actually turns out to be half decent. Get these toxic asshats out of the ED community for once and for all.

EDIT: There are 39 ships there? Doesn't look like it. Also looks boring as hell.

Agony Aunt fucked around with this message at 19:37 on Jan 19, 2020

Colostomy Bag
Jan 11, 2016

:lesnick: C-Bangin' it :lesnick:

Agony Aunt posted:

Also looks boring as hell.

Mimics this thread a lot of times. Early days.

downout
Jul 6, 2009

I wonder if Crytek finally realized the futility of this case (and/or getting money out of CI!G) and is trying to get out without losing their bond? If the case was dismissed without prejudice would the bond be returned to Crytek?

gluehuffer69
Jan 16, 2020

by Lowtax

downout posted:

I wonder if Crytek finally realized the futility of this case (and/or getting money out of CI!G) and is trying to get out without losing their bond? If the case was dismissed without prejudice would the bond be returned to Crytek?

They should. The bond is a hedge against them losing the case or getting it dismissed with prejudice and paying legal costs. So if the judge lets them go away and refile its unlikely they'd lose it.

SoftNum
Mar 31, 2011

downout posted:

I wonder if Crytek finally realized the futility of this case (and/or getting money out of CI!G) and is trying to get out without losing their bond? If the case was dismissed without prejudice would the bond be returned to Crytek?

I don't see a reality where CIG gets their legal fees paid tbh. You never know what a judge is going to do; but I can't see them making a useful case around withholding key evidence until discovery means the action was fruitless on the face of it and Cry should have known. Especially since they apparently handed code/patches over as a result of the lawsuit it's gonna be a real tight jam to argue it wasn't necessary.

Sandepande
Aug 19, 2018

skeletors_condom posted:

AFAIK, it's unplayable on M+KB and the devs have a attitude that this is not a big deal.

It's made for gamepad and the devs recommend that, but it's ok with m+kb.

E: so late.

Sandepande fucked around with this message at 21:13 on Jan 19, 2020

AbstractNapper
Jun 5, 2011

I can help
Hell, I've played both Privateers with M+KB (no money for a joystick or gamepad whatsoever at the time) and it was nightmarish to control especially when fighting the smaller enemy ships.
I remember a magazine of the time wrote that one wouldn't play with a M+KB even in prison -- a joke... of some description.

Tetrabor
Oct 14, 2018

Eight points of contact at all times!

Aqua Seafoam Shame posted:

Heads up, an upcoming indie space game that features space legs (inside a ship), multi-player and multi-crew action, with each player operating a different in-ship subsystem. Clearly this is a Strike Commander situation where lesser devs have copied the ideas of his Christness before he finished his own game:

https://www.youtube.com/watch?v=njj3mmyYGJ4

FPS Faster Than Light would scratch a different itch than Space-Toilet Simulator Citizen.

Firefly-esque small-ship adventures would be a fun genre with the right gameplay mechanics.

colonelwest
Jun 30, 2018

Aqua Seafoam Shame posted:

Heads up, an upcoming indie space game that features space legs (inside a ship), multi-player and multi-crew action, with each player operating a different in-ship subsystem. Clearly this is a Strike Commander situation where lesser devs have copied the ideas of his Christness before he finished his own game:

https://www.youtube.com/watch?v=njj3mmyYGJ4

:lol: literally one guy made all of the spaceship/multi-crew gameplay mechanics that Chris promised, while his team of 500 is still struggling with the flight model after 8 years.

But I bet the elevators aren’t physicalized, so it’s obviously a poo poo-tier non-fedelitous game.

colonelwest fucked around with this message at 22:22 on Jan 19, 2020

Iceclaw
Nov 4, 2009

Fa la lanky down dilly, motherfuckers.

shrach posted:


Given how poorly written the GLA is for Crytek, can you imagine how poorly written the contract with Amazon is written for Crytek?

That's only tangentially related, but wasn't the contract redacted by someone who would go to work for CIG shortly afterwards? Because that sure could explain a bit of that.

SoftNum
Mar 31, 2011

colonelwest posted:

:lol: literally one guy made all of the spaceship/multi-crew gameplay mechanics that Chris promised, while his team of 500 is still struggling with the flight model after 8 years.

But I bet the elevators aren’t physicalized, so it’s obviously a poo poo-tier non-fedelitous game.

Plus he said no to a feature request so he clearly does not understand game development.

Virtual Captain
Feb 20, 2017

Archive Priest of the Stimperial Order

Star Citizen Good, in all things forevermore. Amen.
:pray:
"this is a meme by the way for any of you who haven't dealt with contractors in the past. Anytime someone says the job will be done in two weeks; they're memeing you. Run, there is no such thing [...] if somebody says two weeks for a job you are getting bamboozled"

MedicineHut
Feb 25, 2016

Pixelate posted:

Kind of interesting that they were worried about the CE licensing (May 2019) specifically due to this quote:


They got a reply in the same month, confirming the situation.

But then in June 2019 the new lawyers used that exact quote as a hook for their new argument:



That kind of suggests that the Amazon licensing of CE to CIG doesn't have them that spooked. (Possibly for the reasons hav suggests? That it's not just a case of changing the headers etc...)

Yeah, not much has changed since then. And the latest discovery "revelations" are, as you can see, nothing new to CryTek. The issue is still about the size of the prize (regarding ripeness) and about if the GLA was still governing the work after SQ42 was made separate (i.e. can just a change of headers be enough to justify end of the GLA?).

MedicineHut fucked around with this message at 22:44 on Jan 19, 2020

MilesK
Nov 5, 2015


CryEngine is the house in the 1986 movie The Money Pit. CIG are the contractors saying “two weeks” while laughing their asses off. Amazon and CryTek are Tom Hanks and Shelly Long desperate for someone to completely refactor their failed investment.

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shrach
Jan 10, 2004

daylight ssssaving time

downout posted:

I wonder if Crytek finally realized the futility of this case (and/or getting money out of CI!G) and is trying to get out without losing their bond? If the case was dismissed without prejudice would the bond be returned to Crytek?
I'm surprised anyone sees it as anything other than this. Crytek are the first people to "invest" in Star Citizen and not embrace sunk cost fallacy.

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