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KKRT

Member
Oct 27, 2017
1,544
CIG appears to have tried to just break away from the actual deal and go with Amazon where they don't appear to have any limit on how many products they can ship. Maybe hoping Crytek wouldn't do anything. That's not how you do business. The announcement they were switching to Lumbyard was always iffy to begin with and remember wanting to know why. It's not like it's a huge change in engine for CIG. It's not like they're suddenly redoing the game in UE4 to get better options,e tc. A lot of the issues they would have would still be there. Networking is only part of the problem. That would help with the online part in theory. That doesn't stop people from falling through ships, things just not working, coding, etc. It's not like they're changing engines to produce a better and different game. So there had to be another reason they wanted to go with Amazon and try to cut out Crytek. Regardless of any financial issues they as a company were still there and actually getting better after their Amazon deal. It's not like Crytek was on its way out at the time. So what other reason for the switch? I can only think so they could release S42 without issues or maybe other products. Maybe spin Arena Commander or FPS module as their own games at some point. Their deal with Crytek likely wouldn't allow that without them having to cough up more money because it's an change to the original deal and not a brand new deal.
Reason is AWS infrastructure, more powerful partner and the CE branch thats compatible with SC code. Switching to Lumberyard made a lot of sense actually.
Falling through ships has nothing to do with Lumberyard or CryEngine.
 
Oct 27, 2017
3,894
ATL
CIG appears to have tried to just break away from the actual deal and go with Amazon where they don't appear to have any limit on how many products they can ship. Maybe hoping Crytek wouldn't do anything. That's not how you do business. The announcement they were switching to Lumbyard was always iffy to begin with and remember wanting to know why. It's not like it's a huge change in engine for CIG. It's not like they're suddenly redoing the game in UE4 to get better options,e tc. A lot of the issues they would have would still be there. Networking is only part of the problem. That would help with the online part in theory. That doesn't stop people from falling through ships, things just not working, coding, etc. It's not like they're changing engines to produce a better and different game. So there had to be another reason they wanted to go with Amazon and try to cut out Crytek. Regardless of any financial issues they as a company were still there and actually getting better after their Amazon deal. It's not like Crytek was on its way out at the time. So what other reason for the switch?

I assume they switched because Amazon was willing to support their online efforts with their AWS cloud computing and networking. Amazon probably took on the cost of hosting their servers in return for CIG being an exclusive Lumberyard partner. Once again, this is just an assumption.

Edit: Welp, KKRT beat me to it lol.
 

Clowns

Member
Oct 25, 2017
7,868
I thought Squadron 42 was just the name of the single player campaign of Star Citizen? How does it qualify as separate?
 
Oct 27, 2017
3,894
ATL
I thought Squadron 42 was just the name of the single player campaign of Star Citizen? How does it qualify as separate?

I think the general idea is that it being able to be bought and played as a standalone experience qualifies it as being a separate game, even if it's meant to be an additive experience to the larger package that is Star Citizen.
 

Geist

Prophet of Truth
Avenger
Oct 25, 2017
4,579
I thought Squadron 42 was just the name of the single player campaign of Star Citizen? How does it qualify as separate?
This whole thing makes me curious if stand-alone expansions/DLC are considered separate games in the eyes of the law. I think the fact that Star Citizen and SQ42 will both just be options on the main menu make that distinction somewhat murky.
 

EVIL

Senior Concept Artist
Verified
Oct 27, 2017
2,783
I thought Squadron 42 was just the name of the single player campaign of Star Citizen? How does it qualify as separate?
Its sold as a standalone
https://robertsspaceindustries.com/pledge/Packages/Squadron-42-Standalone-Pledge

53 dollars for that and if you want to play star citizen, you have to pledge a minimum of another 53 which gets you a very basic ship and access to the star citizen world.

Both Single player and Multiplayer are clearly sold separately on their store
 
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Akronis

Prophet of Regret - Lizard Daddy
Banned
Oct 25, 2017
5,451
Its sold as a standalone
https://robertsspaceindustries.com/pledge/Packages/Squadron-42-Standalone-Pledge

53 dollars for that and if you want to play star citizen, you have to pledge a minimum of another 53 which gets you a very basic ship and access to the star citizen world.

Both Single player and Multiplayer are clearly sold separately on their store

Uhhh no you don't. You pay $60 for both S42 and Star Citizen.

https://robertsspaceindustries.com/pledge/Packages/Aurora-MR-Star-Citizen-Squadron-42-Combo
 

Gespenst MKIV

Member
Nov 1, 2017
1,118
This whole thing makes me curious if stand-alone expansions/DLC are considered separate games in the eyes of the law. I think the fact that Star Citizen and SQ42 will both just be options on the main menu make that distinction somewhat murky.
The difference is likely in that you can play SQ24 on it's own. In this case something like Far Cry:Blood Dragon is a different game since it can be bought on its own while BoI:Afterbirth is not sin you need the base game first
 
OP
OP
Spongebob

Spongebob

Banned
Oct 25, 2017
247
I assume they switched because Amazon was willing to support their online efforts with their AWS cloud computing and networking. Amazon probably took on the cost of hosting their servers in return for CIG being an exclusive Lumberyard partner. Once again, this is just an assumption.

Edit: Welp, KKRT beat me to it lol.
There is no proof of this.
 

Geist

Prophet of Truth
Avenger
Oct 25, 2017
4,579
The difference is likely in that you can play SQ24 on it's own. In this case something like Far Cry:Blood Dragon is a different game since it can be bought on its own while BoI:Afterbirth is not sin you need the base game first
That's not really the same though is it? You don't start Far Cry 3 to access Blood Dragon, it's a completely different game. SQ42 and Star Citizen though are just 2 different modes accessed through the same main menu, like Star Marine and Arena Commander (I assume anyway, they haven't put the option for SQ42 there yet).).
 

Gespenst MKIV

Member
Nov 1, 2017
1,118
That's not really the same though is it? You don't start Far Cry 3 to access Blood Dragon, it's a completely different game. SQ42 and Star Citizen though are just 2 different modes accessed through the same main menu, like Star Marine and Arena Commander (I assume anyway, they haven't put the option for SQ42 there yet).).
Maybe a better comparison would be the current shovel knight release. You can buy the whole thing or just the episodes with the playable characters that you like so legally each episode could be considered its own game just with a shared launch interface
 

Geist

Prophet of Truth
Avenger
Oct 25, 2017
4,579
Maybe a better comparison would be the current shovel knight release. You can buy the whole thing or just the episodes with the playable characters that you like so legally each episode could be considered its own game just with a shared launch interface
Ya, that's a good comparison. That's also what I want to know, has there ever been a precedent made on whether stand-alone game modules with a shared interface are considered separate games in the eyes of the law?

If not, it may be up to the jury to decide.
 

Deleted member 43

Account closed at user request
Banned
Oct 24, 2017
9,271
Frankly if CIG is stuck trying to argue that two items that can be bought separately and work on their own (and when you buy them together it's called a "combo") is actually one game, they have already lost the central parts of the case.
 

Gespenst MKIV

Member
Nov 1, 2017
1,118
Ya, that's a good comparison. That's also what I want to know, has there ever been a precedent made on whether stand-alone game modules with a shared interface are considered separate games in the eyes of the law?

If not, it may be up to the jury to decide.
I don't believe that there is any precedent for this so in that account we will have to wait for what ever the courts decide. Another important point is that SQ42 began as just another part of the whole SC game and was made a stand alone late in development after the contract was already signed
 

Primus

Member
Oct 25, 2017
3,836
I don't believe that there is any precedent for this so in that account we will have to wait for what ever the courts decide. Another important point is that SQ42 began as just another part of the whole SC game and was made a stand alone late in development after the contract was already signed

There's enough untrodden ground here that yeah, it's definitely going to need to be settled in court. Lots of very interesting questions to be asked.
 

Deleted member 31104

User requested account closure
Banned
Nov 5, 2017
2,572
Yeah, that's the most telling aspect in a copyright case. When you know your case has merit, especially in such a technical field, you have a competent judge do the ruling, not a jury of randoms. They probably know that a judge would throw the lawsuit back in their face.

The reason you want a jury over a judge is to maximise the claim amount. Juries tend go absolutely mental when it comes to allocating damages. Judges less so.
 

EVIL

Senior Concept Artist
Verified
Oct 27, 2017
2,783
Frankly if CIG is stuck trying to argue that two items that can be bought separately and work on their own (and when you buy them together it's called a "combo") is actually one game, they have already lost the central parts of the case.
and if there actually was a clause in there that prohibits them not using any other engine than cryengine, them simply replying to the case in the way they did "CIG hasn't used the CryEngine for quite some time since we switched to Amazon's Lumberyard." was not a very smart move.
 

Vash63

Member
Oct 28, 2017
1,681
and if there actually was a clause in there that prohibits them not using any other engine than cryengine, them simply replying to the case in the way they did "CIG hasn't used the CryEngine for quite some time since we switched to Amazon's Lumberyard." was not a very smart move.

I agree, the question of whether they were legally able to switch to another engine is the crux of this entire case. If that can be proven, CIG is going to be paying money. If that can't be proven, the rest falls apart.
 
OP
OP
Spongebob

Spongebob

Banned
Oct 25, 2017
247
Clearly SQ42 is a separate property. This is obvious in light of the collateral associated with the Coutts loan, which specifically excludes Star Citizen. How can one argue that the two are separate in one case, but not in another?
 

Evil Calvin

Banned
Oct 27, 2017
649
St. Louis
Seems like if this is legit, Roberts has all his generous backers to thank for the legal bills. I'd be pissed if i dumped thousands into this. Only dumped 30$

If they do indeed get held liable and the game is delayed or canceled would they then get sued by the backers? What about the stretch goals that were achieved by backer donors? if they use these funds to pay legal bills would that then be infringing on the promise to backers? Them being promised the stretch goals but not being able to deliver due to the legal fees sucking up those dollars?
 

Spuck-

Banned
Nov 7, 2017
996
If they do indeed get held liable and the game is delayed or canceled would they then get sued by the backers? What about the stretch goals that were achieved by backer donors? if they use these funds to pay legal bills would that then be infringing on the promise to backers? Them being promised the stretch goals but not being able to deliver due to the legal fees sucking up those dollars?

Backers are getting nothing if/when this all goes tits up, as long as there's reasonable proof they attempted to make the game in good faith.
 
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Primus

Member
Oct 25, 2017
3,836
CGM put out an article on the lawsuit. It's mostly trodden ground since there still hasn't been anything new since the initial filing, but the last few paragraphs start talking about some of the other arguments and concerns coming out of the lawsuit.

While all of these complications could keep the Crytek v. CIG and RSI battle in the court for years to come, the lawsuit raises a very important issues for indie developers relying on crowdfunding to produce their games: what happens when an indie developer signs a contract to exclusively use a video game engine when that engine proves to be insufficient for the needs of the game? Can the owner of the engine shut down the project if the developer attempts to move to a new game engine?

A large game studio or one backed by a major publisher has the benefit of a legal team to sort out any of these issues in a way that will not destroy the project, but a small indie studio relying on crowdfunding does not have any such resource. The solution to this may, however, be one of due diligence before contracts are signed, and avoiding signing any contract that requires exclusive use of a game engine in the first place.
 

mercenar1e

Banned
Dec 18, 2017
639
CGM put out an article on the lawsuit. It's mostly trodden ground since there still hasn't been anything new since the initial filing, but the last few paragraphs start talking about some of the other arguments and concerns coming out of the lawsuit.

Im not sure what the terms of the contract are but we aren't talking about a completely new engine here. I believe the main reason they moved were due to the server discounts Amazon offered?
 

take_marsh

Member
Oct 27, 2017
7,273
CGM put out an article on the lawsuit. It's mostly trodden ground since there still hasn't been anything new since the initial filing, but the last few paragraphs start talking about some of the other arguments and concerns coming out of the lawsuit.

Halting development when they may not have clear evidence that there's enough of the former engine in the current work is insane. Cease-and-desist would likely result in the death of the project.
 

FireSafetyBear

Banned for use of an alt-account
Banned
Oct 27, 2017
4,248
Yeah, nothing like shitting on the work of hundreds employees who work their fucking asses off making assets and designs filled with passion and skill (Crytek or CIG) because it makes a drive-by posts filled with snark seem witty.

It's quite embarassing (your post).

I mean, Crytek isnt paying their employees and Star Citizen still isn't released after how long? They're charging absurd priced for things as well.

Just stating an opinion.

Not a drive by anymore :)
 

Dr. Caroll

Banned
Oct 27, 2017
8,111
I mean, Crytek isnt paying their employees and Star Citizen still isn't released after how long? They're charging absurd priced for things as well.

Just stating an opinion.

Not a drive by anymore :)
They seemingly have been paying their employees recently, after they drastically downsized. I doubt the Hunt: Showdown team are working for free.
 

Jader7777

Member
Oct 26, 2017
1,211
Australia
I backed this game and for some sickenly strange reason, I want it to crash and burn because I feel it would be amusing.

But if it's wildly successful then that would also be nice.

Hopefully one of those extremes.
 

Geist

Prophet of Truth
Avenger
Oct 25, 2017
4,579
I backed this game and for some sickenly strange reason, I want it to crash and burn because I feel it would be amusing.

But if it's wildly successful then that would also be nice.

Hopefully one of those extremes.
I'm pretty sure those are the only 2 outcomes at this point.
 

Raticus79

Community Resettler
Member
Oct 25, 2017
1,041
CIG responded. Lots of interesting commentary in the reddit thread already.
https://www.reddit.com/r/starcitize..._has_responded_to_crytek_lawsuit_docs_inside/

"You find the full thing here:"
https://www.pacermonitor.com/public/case/23222744/Crytek_GmbH_v_Cloud_Imperium_Games_Corp_et_al

"All the filed documents:"
https://drive.google.com/drive/folders/1mPjfXrjAf9RUq3_5cJgd-hF-I5XoCQta

From the comments, the GLA should be in exhibit C.

Edit: commentary from the same copyright lawyer as last time, Leonard French. Start at 5:58:
https://youtu.be/uNJgrqQlim8?t=05m58s

 
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Staticneuron

Member
Oct 25, 2017
1,187
CIG responded. Lots of interesting commentary in the reddit thread already.
https://www.reddit.com/r/starcitize..._has_responded_to_crytek_lawsuit_docs_inside/

"You find the full thing here:"
https://www.pacermonitor.com/public/case/23222744/Crytek_GmbH_v_Cloud_Imperium_Games_Corp_et_al

"All the filed documents:"
https://drive.google.com/drive/folders/1mPjfXrjAf9RUq3_5cJgd-hF-I5XoCQta

From the comments, the GLA should be in exhibit C.

Edit: commentary from the same copyright lawyer as last time - start at 5:58
https://youtu.be/uNJgrqQlim8?t=05m58s


That is strongly worded and confirms speculation about Crytek's knowledge about this being meritless.

Nifty summary by reddit user in related thread.

Liudeius said:
Basically exactly what we've been saying to anyone who pre-judged that "CryTek has a strong a case".
We needed to see the actual GLA first, without it we knew nothing except what CryTek alleges.



Response



"[This complaint] sacrifices legal sufficiency for loud publicity...
[Crytek] conceals the actual Game License Agreement (GLA) from the court and the press...
The GLA eliminates virtually every claim and remedy CryTek seeks; CryTek's admission that Defendants are not even using CryTek's software gets rid of the rest."


Refutation of CryTek's Claims



Claim: CIG was only given permission to make "the game" with CryEngine, selling SQ42 standalone is in violation of this.
Defense: The GLA defines "the game" as both "'Space Citizen' and its related space fighter game 'Squadron 42'", with a passage allowing for name changes (Space Citizen > Star Citizen).
Additionally, this term does not apply to any games made without CryEngine, and CryEngine is no longer used.



Claim: CIG violated the GLA by switching from CryEngine to Lumberyard, they are only allowed to "exclusively" use CryEngine.
Defense: The GLA says they are given "exclusive rights to use CryEngine" and the right "to exclusively embed CryEngine in the game". The well-established meaning of this wording is that the right is given only to them (and those subcontracted within the terms), not that they are only allowed to use CryEngine.



Claim: CIG is no longer displaying CryTek copyright notices in game, in violation of the GLA.
Defense: This obligation only applies if CIG is using CryEngine, which they are not.



Claim: Ortwin was employed by CryTek prior to becoming CIG's attorney and co-founder so he had a conflict of interest when negotiating the contract.
Defense: Ortwin received a signed waiver from CryTek dismissing any conflict of interest.



Claim: Confidential source code was shown on Bugsmashers and disclosed to FaceWare in violation of the GLA.
Defense: No defense provided, though FaceWare was after the switch to Lumberyard.



Claim: CIG was required to provide any bugfixes they developed for CryEngine up until launch.
Defense: No defense provided.


Additional Statements

The GLA prohibits either party from seeking any damages from one another "except for intentional acts or omissions or gross negligent acts".

CIG, not RSI, is the signatory of the GLA, so CryTek committed a legal blunder by pursuing RSI rather than CIG in a number of claims.

CIG seeks to have the entire complaint dismissed with prejudice (barring any further related action) on the grounds that none of the complaints are sufficient.

The most damning about this is CiG calls Crytek out TWICE for not submitting the GLA because it would destroy the argument as soon as they submitted it. Then CiG provides it themselves.
 

BernardoOne

Banned
Oct 25, 2017
10,289
Not surprised tbh, it reeked of Crytek being desesperate for money since this hit, and their accusations didn't made any sense.
 

Zeeman

Member
Oct 25, 2017
790
Looking at the GLA, this seems like a potentially problematic provision for CIG (although Crytek didn't cite this provision in their complaint)

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.

Although I assume CIG would argue that contextually licensing here means licensing out to others
 

TiredGamer

Member
Oct 27, 2017
1,816
Looking at the GLA, this seems like a potentially problematic provision for CIG (although Crytek didn't cite this provision in their complaint)

Not picking on you, but it's important to keep bringing up the damages clause: no matter what CIG or Crytek did, neither side can seek damages. And as Mr. French pointed out in his video, copyright doesn't apply to contracts: if you've violated the contract, then you pay the penalties as specified by the contract. Thus there's nothing for Crytek to win here, not even attorney's fees.
 

Zeeman

Member
Oct 25, 2017
790
Not picking on you, but it's important to keep bringing up the damages clause: no matter what CIG or Crytek did, neither side can seek damages. And as Mr. French pointed out in his video, copyright doesn't apply to contracts: if you've violated the contract, then you pay the penalties as specified by the contract. Thus there's nothing for Crytek to win here, not even attorney's fees.

The damages clause allows for damages for intentional acts or gross negligence.
 

KKRT

Member
Oct 27, 2017
1,544
The damages clause allows for damages for intentional acts or gross negligence.
And they explained in the response why this doesnt apply to this case.

---
Looking at the GLA, this seems like a potentially problematic provision for CIG (although Crytek didn't cite this provision in their complaint)

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.

Although I assume CIG would argue that contextually licensing here means licensing out to others
Doesnt 'engage in the business of licensing' mean that CIG cannot license their own produced engine or middleware to anyone?
Not that they cannot license from somebody an engine or middleware.
 

BernardoOne

Banned
Oct 25, 2017
10,289
And they explained in the response why this doesnt apply to this case.

---

Doesnt 'engage in the business of licensing' mean that CIG cannot license their own produced engine or middleware to anyone?
Not that they cannot license from somebody an engine or middleware.
That is indeed exactly what it means.
 

Armaros

Member
Oct 25, 2017
4,901
And they explained in the response why this doesnt apply to this case.

---

Doesnt 'engage in the business of licensing' mean that CIG cannot license their own produced engine or middleware to anyone?
Not that they cannot license from somebody an engine or middleware.

Yes Crytek's lawyers wanted the courts to flip a century of contract law and make 'exclusive' legally mean CIG could only use X instead of giving CIG the right to use cryengine IN Star citizen. There is no such restriction under the section entitled restrictions.
(Basically a standard game engine license)
 

Zeeman

Member
Oct 25, 2017
790
Another update: There was going to be a hearing today on the motion to dismiss, but the judge says she can decide it without oral argument, so she will be issuing an order at some point in the presumably near future.

0HLQTph.jpg


https://www.pacermonitor.com/public/case/23222744/Crytek_GmbH_v_Cloud_Imperium_Games_Corp_et_al
 

Zeeman

Member
Oct 25, 2017
790
The parties have submitted a discovery plan. CIG doesn't seem to want to participate so much until the order on the Motion to Dismiss comes down. Interestingly, Crytek is saying CIG requested a formal settlement offer while CIG says they just want to know what Crytek is trying to get out of the case.
https://www.docdroid.net/uMDHWEY/discovery-plan.pdf
 

Zeeman

Member
Oct 25, 2017
790
Bumping because a decision has been made on the Motion to Dismiss:
https://www.docdroid.net/K7ugdJo/cr...um-games-corp-et-al-cacdce-17-08937-00380.pdf

Upshot:
In light of the foregoing, the Court GRANTS in part and DENIES in part the MTD as follows:
1. The MTD is DENIED insofar as it seeks dismissal of all causes of action alleged against Defendant RSI;
2. The MTD is GRANTED insofar as it seeks dismissal of the aspect of Plaintiff's cause of action for breach that is based on section 2.1.2's "exclusive" grant to embed CryEngine in the Game;
3. The MTD is DENIED insofar as the request to dismiss the cause of action for breach of contract is premised on California Civil Code section 1655's implied condition and on section 6.1.4 of the GLA, and insofar as Plaintiff's claim for breach is predicated on CryEngine's allegedly unauthorized use in Squadron 42;
4. The MTD is DENIED with respect to Plaintiff's cause of action for copyright infringement;
5. The MTD's request that the Court dismiss Plaintiff's prayers for relief is DENIED with respect to monetary damages, injunctive relief, and statutory damages and attorney's fees, and GRANTED with respect to punitive damages;
6. The MTD's alternative request that the Court strike allegations in paragraph 15 of the FAC is DENIED.

The court dismissed Crytek's argument about the word "exclusive" and and dismissed the option of punitive damages. Everything else is still on the table, but the damage limit may make it less worthwhile for Crytek to continue to pursue the suit (although injunctive relief could still hurt CIG immensely). As well, the court seemed to imply that part of the issue of Crytek's "exclusive" argument was the provision that they used to justify it in their complaint, and that another provision (2.4) might be more fruitful.
e: Crytek can amend their claim to address section 2.4 of the contract, they have 21 days to do so. Punitive damages seem to be fully off the table though unless Crytek can come up with a new legal argument for why they would apply.
 
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