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Daztek
Jun 2, 2006



quote:

46.

Sections 2.2.1, 2.2.2, and 2.6 of the GLA contained a promise by Defendants that they would keep the underlying technology for CryEngine (including computer source code) confidential and not share it with anyone else without first disclosing that third party and obtaining prior written approval. 47.

Section 2.2.1 of the GLA states that Defendants shall not "publish or distribute the CryEngine in any way, be it in source code or object code." 48.

Section 2.2.2 of the GLA states that Defendants shall not "use CryEngine in any manner which may disclose the CryEngine source code or other Crytek proprietary information to any third party not otherwise authorized herein." 49.

Section 2.6 of the GLA states that a third party developer is permitted to access the Crytek technology so long as Defendants obtain "prior written approval" from Crytek and the third party developer enters into non-disclosure and non-competition agreements with Crytek. 50.

On May 6, 2015, Defendants began posting a series of videos online titled "Bugsmashers." The videos contain excerpts of information from CryEngine that were confidential, in breach of the GLA, and should not have been shown to the public. The series continues today.

Just lol

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Virtual Captain
Feb 20, 2017

Archive Priest of the Stimperial Order

Star Citizen Good, in all things forevermore. Amen.
:pray:
CryEngine choice never seems to stop paying dividends... in comedy gold. :q:

CrazyLoon
Aug 10, 2015

"..."

YESSSSS finally goddamit

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer

quote:

B. Defendants Removed Crytek Trademarks and Copyright Notices from Their Games and Marketing Materials Without Permission
28. Sections 2.8.1, 2.8.2, and 2.8.3 of the GLA contained promises by Defendants that they would prominently display Crytek's trademarks and copyright notices in the Star Citizen video game and related marketing materials.

29. Section 2.8.1 of the GLA expressly states that the "splash screen, credits screen, documentation and packaging (if any) as well as the marketing material" shall include "Crytek's copyright notice."

30. Section 2.8.2 of the GLA further states the "splash screen, credits screen, documentation and packaging (if any) as well as the marketing material" shall prominently display both the "Crytek" and "CryEngine" trademarks.

31. Section 2.8.3 of the GLA states that any changes to Crytek's trademarks and copyright notices in these materials requires "Crytek's prior written approval" and a ten day approval period.

32. In accordance with those provisions of the GLA, the Star Citizen video game initially contained a splash screen that included Crytek's trademarks and copyright notices:

33. Defendants knew Crytek's right to display its trademarks and copyright notices in the Star Citizen video game and related marketing materials was a critical component of the GLA. Yet, by at least September 24, 2016, Defendants' co-founder Chris Roberts publicly sought to minimize Crytek's contribution to Star Citizen, stating that "we don't call [the video game engine] CryEngine anymore, we call it Star Engine" (https://www.youtube.com/watch?v=fDROliuDczo).
this could easily be a $50m to $100m+ lawsuit

especially since CIG has stood from the hills proclaiming all their cash coming in and tracking it by the hour

lol

Scruffpuff
Dec 23, 2015

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

Hav posted:

"Section 2.1.2 of the GLA contained a promise by Defendants to use CryEngine for the development of only one video game."

"I think you'll see, your honor, that CIG in fact didn't develop ANY video games, so we move to dismiss, please. Checkmate legal goonie!"

Virtual Captain
Feb 20, 2017

Archive Priest of the Stimperial Order

Star Citizen Good, in all things forevermore. Amen.
:pray:
I wanna be there when they play a youtube video in court.

"NO DON'T SKIP AHEAD!"

Scruffpuff posted:

"I think you'll see, your honor, that CIG in fact didn't develop ANY video games, so we move to dismiss, please. Checkmate legal goonie!"

:negative:

DapperDon
Sep 7, 2016

Hav
Dec 11, 2009

Fun Shoe

Scruffpuff posted:

"I think you'll see, your honor, that CIG in fact didn't develop ANY video games, so we move to dismiss, please. Checkmate legal goonie!"

it gets better;

quote:

Defendants further breached the GLA by refusing to provide agreed upon annual bug fixes and optimizations to CryEngine

Hello sailor.

Dusty Lens
Jul 1, 2015

All Glory unto the Stimpire. Give up your arms and legs and embrace the beautiful agony of electricity that doubles in pain every second.

Time to zero out that funding tracker boys.

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 hope Crytek didn't contact the wrong company. :ohdear:

A Neurotic Corncob
Nov 12, 2016

A light wind swept over the corn, and all nature laughed in the sunshine.

Daztek posted:

Just lol

:five:

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Codezombie posted:

Yeah this is serious. I only deal with this sort of thing from the view of some work working as a coder, but *each and everytime* I provide a build, assets or even a drat code snippet, to a trusted middleware developer (usually Audiokinetic) I check that our legal agreements still stands with said developer.

This is *serious* business, and if Crytek's complaints are true, then CIG is in deep doo doo.

As I posted on Twitter, it's Zenimax v Oculus bad. A firm like Skadden would never get involved in small potatoes.

----------------
This thread brought to you by a tremendous dickhead!

monkeytek
Jun 8, 2010

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

come on now, we all know in this case it would be way, WAY more than 40 Derek Blogs

peter gabriel
Nov 8, 2011

Hello Commandos

TheAgent posted:

this could easily be a $50m to $100m+ lawsuit

especially since CIG has stood from the hills proclaiming all their cash coming in and tracking it by the hour

lol

Yeeeesssssssssss

Hav
Dec 11, 2009

Fun Shoe

TheAgent posted:

this could easily be a $50m to $100m+ lawsuit

especially since CIG has stood from the hills proclaiming all their cash coming in and tracking it by the hour

lol

This this this this this this

quote:

Crytek is further entitled to recover from Defendants all of the gains, profits, and advantages they have obtained as a result of the infringement, and for disgorgement of any additional gains, profits, and advantages Defendants obtained that are attributable to their infringement of the CryEngine computer program in an amount to be proven at trial, together with attorneys' fees and costs pursuant to 17 U.S.C. §§ 504 and 505.
Case 2:17-cv-08937-DMG-FFM Document 1 Filed 12/12/17 Page 12 of 15 Page ID #:12

They want the farm.

Scruffpuff
Dec 23, 2015

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

TheAgent posted:

this could easily be a $50m to $100m+ lawsuit

especially since CIG has stood from the hills proclaiming all their cash coming in and tracking it by the hour

lol

It would be the ultimate justice if CIG's own braggadocio, all in service of more pledges, is exactly the thing that sinks them.

Triple-LOLs if CIG has to admit the tracker is fake to try and reduce what they owe. Sextuple-LOLs if it's not fake and they get hosed from that direction too.

All of this is better than anything CIG could have built on purpose.

VictorianQueerLit
Aug 25, 2017

VictorianQueerLit posted:

I don't want to bother quoting any of this. The whole thing is gold. Read it right now.

gently caress it

quote:

ShearAhr [score hidden] 19 minutes ago

Backers, this is a business expense that relates to CiG, hence it's absolutely fine if they use the backer money to defend the project. It's within their right.
Everything is fine!

quote:

SirSnapChap [score hidden] 14 minutes ago

One of the CIG co-founders is legal :)
Ah yes. I remember the famous "Nuh uh" defense he gave the Attorney General after immediately caving and giving streetroller a refund. "There is nothing to talk about because the customer was already refunded :smug:"

quote:

GrappleShotgun [score hidden] 30 minutes ago

Pretty sure this is CryTek attempting to prolong its lifespan. Or at least get a few more bucks into the hands of its owners.

Not sure exactly what they could be arguing here. CIG built stuff on top of a specific version of CryEngine, then moved to Amazon's Lumberyard, which was forked from that same version. None of the tech CIG developed could be seen in anyway as owned by CryTek.

Oh well, lawyers will sort it out.

What claim could Crytek possibly have? It's Star Engine!

quote:

dce42 [score hidden] 27 minutes ago*

The type of case is listed as contract dispute, and copyright infringement.

The latter doesn't make a lot of sense due to cig's rewriting of the engine, and the remaining chunk belonging to amazon.

The other odd bit is filling against Robert's space industries. It was cloud imperium games at the time of the contract, and rsi is a newer corporate entity. So unless they are trying to target that entity for the infringement instead of cig, it seems like a waste, and easily dismissed.

It's Star Engine! And what even is a company? They are suing the wrong 1/17th of this shell company hydra anyway! Their founding lawyer used this defense brilliantly responding to the Attorney General by claiming they were speaking about the wrong company.

PederP
Nov 20, 2009

Hav posted:

They want the farm.

Farming is still in production.

Codezombie
Sep 2, 2016

quote:

On May 6, 2015, Defendants began posting a series of videos online titled "Bugsmashers." The videos contain excerpts of information from CryEngine that were confidential, in breach of the GLA, and should not have been shown to the public. The series continues today.


Reminds me of something.
When the press inevitably come around our offices, we always get an email reminder to not have any important assets, code, etc on screen during filming.

Golli
Jan 5, 2013



The other two ELEs better get their poo poo together, or their won't be anything left to recover.

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
holy gently caress at them not providing code fixes and improvements back to crytek as part of their agreement

this is absolutely huge

quote:

40. Section 7.3 of the GLA contained a promise that Defendants would provide bug fixes and optimizations to CryEngine on at least an annual basis.

41. Section 7.3 of the GLA states that "[a]nnually 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 (including CryEngine tools provided by Crytek) as a complete compilable version."

42. On November 16, 2015, Crytek requested long overdue bug fixes and optimizations from Defendants. Defendants did not make a good faith effort to provide Crytek with the promised bug fixes and optimizations to the CryEngine as a complete compilable version.

43. On November 24, 2016, Crytek informed Defendants that they were in breach of Section 7.3 of the GLA. Although Defendants claimed that they were ready and willing to comply with their obligations, they did not comply.

44. On June 22, 2017, Crytek sent another letter to Defendants, again requesting the bug fixes and optimizations that were promised under the GLA. To date, Defendants have not made a good faith effort to provide Crytek with the promised bug fixes and optimizations to the CryEngine as a complete, compilable version.


45. Crytek has been damaged by Defendants' breach of Section 7.3 of the GLA, including for the reason that Defendants have failed to provide the technology to Crytek that they promised to Crytek under the GLA, and Crytek accordingly has not benefited from use of that technology.
like you can't just loving do that

what was roberts loving thinking

this isn't some frivolous lawsuit, this is a massive breach of almost every part of the contract they signed with crytek lol

aleksendr
May 14, 2014

Hav posted:

This this this this this this


They want the farm.

Well, they did produce the demo that started it all.

Dusty Lens
Jul 1, 2015

All Glory unto the Stimpire. Give up your arms and legs and embrace the beautiful agony of electricity that doubles in pain every second.

I sincerely doubt there's any connection between the idea of the upper echelon of CIG cashing out a few months before the company is liquidated in lawsuits that pay off the upper echelons of Crytek while simultaneously cancelling a doomed project at no fault of the developers who would otherwise be murdered in their sleep by furious fans.

That's crazytalk.

Virtual Captain
Feb 20, 2017

Archive Priest of the Stimperial Order

Star Citizen Good, in all things forevermore. Amen.
:pray:
Has anyone said "Derek Smart was right" because holy poo poo was he ever.

quote:

40. Section 7.3 of the GLA contained a promise that Defendants would provide bug fixes and optimizations to CryEngine on at least an annual basis.
:vince::vince::vince:

Sarsapariller
Aug 14, 2015

Occasional vampire queen

Mne nravitsya posted:

Bravo Derek! You deserve a “called it” Scooby Snack.

Agreed. Sorry for doubting, Dr. Smart.

https://www.youtube.com/watch?v=RRzsv4vHNDs

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
you're at least looking at having to scramble a pretty elite legal team consisting of more than ortwin and toast to head this off

this is coming from one of the top firms in the world looking at a paycheck of $10m or more

CIG is going to need to spend at least that amount to fight this

monkeytek
Jun 8, 2010

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

Jokes on him, the game is made to kill you at any possible moment for any possible reason... stupid plebs!

Crazypoops
Jul 17, 2017



Hav posted:

They want the farm.

https://www.youtube.com/watch?v=5mZ0_jor2_k&t=59s

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
gently caress me I think this is probably the worst bomb right here

quote:

entering a permanent injunction enjoining and restraining Defendants from continuing to possess or use the Copyrighted Work and a preliminary and permanent injunction requiring Defendants, and all those acting in concert or participation with Defendants, from infringing or encouraging, aiding or abetting others to infringe the Copyrighted Work;
that basically means

quote:

You can't use a single line from our engine, anywhere. Anywhere at all.
finally time for that full engine rewrite!

Sarsapariller
Aug 14, 2015

Occasional vampire queen

TheAgent posted:

you're at least looking at having to scramble a pretty elite legal team consisting of more than ortwin and toast to head this off

this is coming from one of the top firms in the world looking at a paycheck of $10m or more

CIG is going to need to spend at least that amount to fight this

Boy I sure am glad I bought a few more Idrises when 3.0 hit the PTU!

Shadowlyger
Nov 5, 2009

ElvUI super fan at your service!

Ask me any and all questions about UI customization via PM
Hey guy's what's going on he-

:stare:

IT BEGINS

Dewgy
Nov 10, 2005

~🚚special delivery~📦
So... is this basically just "Too Human isn't using the Unreal Engine, no sir" again?

Because if so... :bagl:

Ferrovanadium
Mar 22, 2013

APEX PREDATOR

-MOST AMMUNITION EXPENDED ON CIVILIANS 2015-PRESENT
-WORST KDR VS CIVILIANS 2015-PRESENT

holy poo poo

Eldragon
Feb 22, 2003

TheAgent posted:

gently caress me I think this is probably the worst bomb right here

that basically means

finally time for that full engine rewrite!

And now when CIG announces and engine change, the true believers will loudly proclaim "this is good for star citizen" and "The delay in release is totally the fault of cryteks' lovely engine" as loudly as they can.

TheAgent
Feb 16, 2002

The call is coming from inside Dr. House
Grimey Drawer
the court case already has over 1,000 views in the last 10 minutes

holy poo poo lol

this is the best day

spacetoaster
Feb 10, 2014

D_Smart posted:

As I posted on Twitter, it's Zenimax v Oculus bad. A firm like Skadden would never get involved in small potatoes.

Are you making a blog about it?

I honestly don't know about zenimax v oculus, or what exactly is being talked about with this legal stuff.

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

TheAgent posted:

this is bad. like really bad

quote:

Defendants moved forward with their plan for Squadron 42 notwithstanding their failure to obtain a license and began offering the video game for separate purchase. As a result, Defendants are intentionally and willfully using CryEngine without a license and in violation of copyright laws.

lol at CIG hoisting themselves from their own petard

Hav posted:

Super atomic auto-wedgie.


HAHAHAHAHAAHAHAHAHAHAHAHA

quote:

we call it Star Engine

videos contain excerpts of information from CryEngine that were confidential


I take everything back, this is amazeballs.

TheAgent posted:

Crytek Trademarks and Copyright Notices

:eyepop:

HAHAHAHAHAHAHAHA

They hosed

nnnotime
Sep 30, 2001

Hesitate, and you will be lost.

IcarusUpHigh posted:

Someone post this poo poo on r/Games, that'll really stir up some poo poo!

God I loving love this thread/game.
There is also a recent GBS thread on this topic already. I'm surprised nobody has updated it, yet, with the ELE news (slackers).

Hav
Dec 11, 2009

Fun Shoe

Codezombie posted:

Reminds me of something.
When the press inevitably come around our offices, we always get an email reminder to not have any important assets, code, etc on screen during filming.

We have cryengine screens on heavy rotation for Spectrum (Charter Communications rebrand) in Florida.

You couldn't make this stuff up.

TheAgent posted:

this isn't some frivolous lawsuit, this is a massive breach of almost every part of the contract they signed with crytek lol

Yeah, it pretty much is, top to bottom. They rode Crytek, then dumped them when they started to hit the skids on the basis that they could glom elsewhere.

Virtual Captain posted:

Has anyone said "Derek Smart was right" because holy poo poo was he ever.

:vince::vince::vince:

Amazon's gotta be wondering at the moment.

So, timeline....was it around the threats of legal action that they moved to Lumberyard?

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Lladre
Jun 28, 2011


Soiled Meat
I thought the initial kick starter was for Squadron 42 though? The one that CryEngine is saying they worked "At significant time and expense" for.

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