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Atrayonis
Jul 6, 2008

Godspeed, brave canary

Cao Ni Ma posted:

500 post in an hour wtf happened
CryTek is suing CIG/RSI for breach of contract, involving a law firm specialised in this kind of conflict.
It's the ELE, for real this time.

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Hav
Dec 11, 2009

Fun Shoe

Cao Ni Ma posted:

500 post in an hour wtf happened

https://www.scribd.com/document/367101474/Crytek-v-CIG

There's a quiz later.

MinorInconvenience
Feb 24, 2017

Criminal lawyer or criminal, lawyer. Yeah. No difference.

Hav posted:

For anyone with more knowledge of the terminal end of American business...

I'm curious, because I have a blind spot around the liabilities for American business, but what's a good tactic for sliding out from a judgement that might exceed the ability of the Defendant business to pay? Can it fold, wind up or otherwise cease to exist? Is it possible to transfer assets based on a nominal fee to a third party company, or are they considered part of the debt of the old company and get liquidated by a nominated officer?

I know how to avoid this in UK terms, just not US.

The transferring of assets for a nominal fee is called a fraudulent transfer or conveyance (and is actionable under both state law and Federal bankruptcy law) and is the basis for a lawsuit. The law has remedies for most of these shenanigans. However, it requires litigation, which is expensive. People play shell games not because they can get away with it, but to make it expensive to recover--giving leverage for a settlement whereby they don't have to give everything back.

Mangoose
Dec 11, 2007

Come out with your pants down!

Scruffpuff posted:

Judge: CIG, what do you have to say in your defense?

Ortwin: As you can see, we've been carefully documenting the last several years of company activity. I believe there is enough accumulated evidence here to prove beyond a reasonable doubt that at no time was CIG developing, or planning to develop, a game.

Judge: You're right - no reasonable person could see what your company has been doing for the last several years and ever conclude that a game could come out of it. Judgement in favor of the defendant - case dismissed!

Holy poo poo :five:

Now please stop posting, I'm trying to catch up back here and I keep having to stop to piss myself laughing

Kosumo
Apr 9, 2016

Scruffpuff posted:

I hope Hans Zimmer composes the score for the ELE.

I'm just happy we have Full Burn.

Virtual Captain
Feb 20, 2017

Archive Priest of the Stimperial Order

Star Citizen Good, in all things forevermore. Amen.
:pray:

7.7K views haha.

Hav
Dec 11, 2009

Fun Shoe

MinorInconvenience posted:

The transferring of assets for a nominal fee is called a fraudulent transfer or conveyance (and is actionable under both state law and Federal bankruptcy law) and is the basis for a lawsuit. The law has remedies for most of these shenanigans. However, it requires litigation, which is expensive. People play shell games not because they can get away with it, but to make it expensive to recover--giving leverage for a settlement whereby they don't have to give everything back.

Exactly what I was looking for, thanks.

So, if this went to court and resulted in punitive damages over their ability to pay, they'd either have to file Chapter 7 and liquidate, or file Chapter 11 and find someone to pull their rear end out of any resulting fire?

I don't see how they can't be trying to settle, none of the outcomes are any good.

Coutts couldn't be a safe harbour; they wouldn't have any claim on anything held outside of CiG?

BeigeJacket
Jul 21, 2005

Derek Smart has covered himself in glory.

Jim DiGriz
Apr 28, 2008

Maybe there is no room for guys like us.
Grimey Drawer

Hav posted:

Steady on, you might have to play them.

You know what, if that's what it would take to get a new Crysis game I would (and I've seen the videos and know the severity of this claim). That series is my religion. I have over 200 hours in Crysis 2 - and it's all singleplayer.

Sabreseven
Feb 27, 2016

Trying my best to catch up with the thread, I just got to :

Asema
Oct 2, 2013

by Jeffrey of YOSPOS

It's even part of the contract that they can't switch engines, which neither of these two seem to grasp

Tokyo Sexwale
Jul 30, 2003

Kilmers Elbow posted:

this is a far cry from an ele

it's still a fair crisis

Bayonnefrog
Nov 9, 2017

TheAgent posted:

I HAVE HERE FOR THE COURT ANOTHER JPG

*entire courtroom groans*

I laughed out loud at work at this you have to be kidding.


The SA $10 some of the best money spent just off the last couple of hours alone.

That DICK!
Sep 28, 2010

Hey Mr. Derek Smart know any cool games attorneys who might be willing to address this mess on the record. All the ones I'm reaching out to are saying they cant, presumably because they're all lookin' to take Star Citizen on as a client

Raskolnikov
Nov 25, 2003

quote:

edit: that legal summary is up to 7k views already. There's going to be some ~games journalism~ really soon.
Raskolnikov hosed around with this message at Dec 13, 2017 around 12:27

Virtual Captain posted:

7.7K views haha.
About 41 views per minute right now :lol:

Strangler 42
Jan 8, 2007

SHAVE IT ALL OFF
ALL OF IT

Mangoose posted:

Holy poo poo :five:

Now please stop posting, I'm trying to catch up back here and I keep having to stop to piss myself laughing

Tane

VictorianQueerLit
Aug 25, 2017
More r/starcitizen discord choice quotes

quote:

MuhKoInc - Today at 3:21 PM
holy poo poo Mr. Slippery Slope
who let you out of the dungeons?

quote:

deadbear - Today at 3:25 PM
SC will be out prior to this case going to trial
ESP in california

quote:

deadbear - Today at 3:26 PM
discovery alone will be over a year or more

quote:

deadbear - Today at 3:26 PM
motions could add a year or 2

quote:

Scrimshaw - Today at 3:27 PM
crytek dying, crytek want money from where they can
The End

quote:

deadbear - Today at 3:28 PM
also i like that crytek had to add in that they agreed to a contract with bad terms because they agreed to it
like i dont even know

quote:

MuhKoInc - Today at 3:35 PM
...care to explain
what do you think this is
it's no on anyone on this discord to explain poo poo to you

quote:

MuhKoInc - Today at 3:39 PM
Hey Derek Smart, we know you're in there
now getfo

quote:

Solenicus - Today at 3:38 PM
Numbersguy is just a Derek type

quote:

Solenicus - Today at 3:38 PM
The lawsuit will determine who is right or wrong
In the meantime, who cares

quote:

Solenicus - Today at 3:39 PM
The burden of proof is always on the claimee

quote:

deadbear - Today at 3:39 PM
99.8% is clearly not the same thing

quote:

Solenicus - Today at 3:43 PM
Legit a dereko type bot

quote:

MuhKoInc - Today at 3:44 PM
seriously, are trolls stalking this discord to check when the mods aren't around?

quote:

ReeQueek ( ͡° ͜ʖ ͡°) - Today at 3:44 PM
guess its time to go back to playing minecraft

quote:

@CMDR™ ⎛⎝cemges⎠⎞🎃 - Today at 3:47 PM
They have no obligation

quote:

@CMDR™ ⎛⎝cemges⎠⎞🎃 - Today at 3:48 PM
Theres no engine license that locks you

quote:

MuhKoInc - Today at 3:50 PM
anything to drown out this bunch of bullshit

Thank you whoever you anonymous goons are that showed up to send that deadbear guy into meltdown mode trying frantically to argue the semantics of what lumberyard even is and what the word "Engine" means.

Looks like the backer tactic is to not try and engage with the lawsuit stuff because it's too damning. Instead they want to say lawsuits take years and shout down anyone talking about it. LALA I CANT HEAR YOU. NOTHING TO SEE HERE.

ZekeNY
Jun 13, 2013

Probably AFK

Kilmers Elbow posted:

this is a far cry from an ele

For a business living hand-to-mouth like CIG, this is pretty much the dictionary definition of "existential threat"

MinorInconvenience
Feb 24, 2017

Criminal lawyer or criminal, lawyer. Yeah. No difference.

Hav posted:

Exactly what I was looking for, thanks.

So, if this went to court and resulted in punitive damages over their ability to pay, they'd either have to file Chapter 7 and liquidate, or file Chapter 11 and find someone to pull their rear end out of any resulting fire?

I don't see how they can't be trying to settle, none of the outcomes are any good.

Coutts couldn't be a safe harbour; they wouldn't have any claim on anything held outside of CiG?

They could file for Chapter 7 and hand it to a trustee--who would probably sue the insiders. Or they could file for Chapter 11 and try to "reorganize" while continuing to remain in control of the company. One of the main differences of insolvency law in the U.S. (and Canada under the CCAA) from Europe is that management can remain in control of a company in Chapter 11 bankruptcy. Games can be played there if the judge, U.S. Trustee and others are not paying attention.

Also, because we don't have any transparency on U.S. loans to CIG (which are private for private companies, unlike in the UK), we don't know what liens might exist on CIG assets in the U.S. For all we know, Coutts (or other banks) could have liens domestically. However, other than the tax refund, Coutts' collateral (wherever located) might be just a bunch of worthless copyright-infringing garbage. Heh.

tuo
Jun 17, 2016

Ortwin will come out as the ultimate inverse-reverse-super-troll.

Crytek: "gently caress, no one wants to license our engine as it's a kinda one-trick-pony, and sucks at multiplayer....we're running out of cash, and can't do anything about it"
Ortwin: "I know this one guy - stupid as a brick - who once made Wing Commander...he still has a big following, and the gerne is kinda dead....they all long for a spacesim MMO"
Crytek: "You can't make an MMO with our engine, it won't work!"
Ortwin: "I know...." *evilgrin* *ortwin buys Crytek shares at min value*

Mne nravitsya
Jul 14, 2017

Lack of Gravitas posted:

at first glance I thought this said Kevin Mitnick and was like oh god another old school warlord has hit the building :eyepop:

I did too!!! But i fgured it was too old a reference for these youngin’s around here, so I didn’t point it out.

If it would have been Mitnick, I would have died laughing

Sarsapariller
Aug 14, 2015

Occasional vampire queen

VictorianQueerLit posted:

Looks like the backer tactic is to not try and engage with the lawsuit stuff because it's too damning. Instead they want to say lawsuits take years and shout down anyone talking about it. LALA I CANT HEAR YOU. NOTHING TO SEE HERE.

Look man, they gotta offload ships while they can. Don't judge them too harshly.

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.

VictorianQueerLit posted:

Looks like the backer tactic is to not try and engage with the lawsuit stuff because it's too damning. Instead they want to say lawsuits take years and shout down anyone talking about it. LALA I CANT HEAR YOU. NOTHING TO SEE HERE.

https://www.youtube.com/watch?v=tXa0qJ7wO2U

Just pretend the water is talking about lawsuits.

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

Hav posted:

Exactly what I was looking for, thanks.

So, if this went to court and resulted in punitive damages over their ability to pay, they'd either have to file Chapter 7 and liquidate, or file Chapter 11 and find someone to pull their rear end out of any resulting fire?

I don't see how they can't be trying to settle, none of the outcomes are any good.

Coutts couldn't be a safe harbour; they wouldn't have any claim on anything held outside of CiG?

When Chrysler rebirthed itself in 2009, it took acts of Congress, the White House, multiple court decisions, and the Supreme Court, to throw away its debt.

Bofast
Feb 21, 2011

Grimey Drawer

nnnotime posted:

If there is no settlement, is there any chance Dr. Derek Smart will be called upon as an expert witness in this Crytek trial by the plaintiffs?

That would make for very long court sessions, with Derek constantly demanding that they let him finish. Not sure if it would be worth it, but then judges sometimes must endure great trials for the sake of justice.

Raskolnikov
Nov 25, 2003

VictorianQueerLit posted:

More r/starcitizen discord choice quotes

:laffo:

Thank you whoever you anonymous goons are that showed up to send that deadbear guy into meltdown mode trying frantically to argue the semantics of what lumberyard even is and what the word "Engine" means.

Looks like the backer tactic is to not try and engage with the lawsuit stuff because it's too damning. Instead they want to say lawsuits take years and shout down anyone talking about it. LALA I CANT HEAR YOU. NOTHING TO SEE HERE.
I hope they quintuple down and bury their heads in the sand. Please, citizens, please buy more ships. Save CIG. Please save CIG so I can keep reading this thread from work and just laughing my rear end off. Please and thank you.

Star Citizen is good!

Loxbourne
Apr 6, 2011

Tomorrow, doom!
But now, tea.

Hav posted:

In the UK, you can voluntarily fold and pass over your assets to another company while leaving your debts behind. It's the very function of shell companies (usually w/2 officers).

Ironically I was writing up an effortpost on this with details of Ortwin and Chris's history with Ascendant Pictures when the news broke. But yes, if this had been filed in the EU first we could probably have expected a very slippery shuffle of assets and a steady pullout, possibly shutting down all the European entities altogether. Hitting multiple jurisdictions simultaneously is a smart move on the part of Skadden (even if it will be an expensive one).

I wonder if we might see protective proceedings issued by CIG? They may not have the money for the ol' Italian Torpedo.

Zzr
Oct 6, 2016

This lawsuit is good for star citizen.

AngusPodgorny
Jun 3, 2004

Please to be restful, it is only a puffin that has from the puffin place outbroken.

Hav posted:

Exactly what I was looking for, thanks.

So, if this went to court and resulted in punitive damages over their ability to pay, they'd either have to file Chapter 7 and liquidate, or file Chapter 11 and find someone to pull their rear end out of any resulting fire?

I don't see how they can't be trying to settle, none of the outcomes are any good.

Coutts couldn't be a safe harbour; they wouldn't have any claim on anything held outside of CiG?
My experience with bankruptcy law consists of telling people "you need to go get a bankruptcy attorney," so I can't add anything there.

But I can point out that it's entirely possible there have already been settlement talks, and that they fell through. Attorneys often hand a copy of a potentially damaging suit to the other side before filing it and say "if you don't want this to see the light of day, pay us." Which is another indication that Crytek and Skadden are after a substantial amount of money.

Lladre
Jun 28, 2011


Soiled Meat

MinorInconvenience posted:

They named good ol' Ortwin in the complaint for one reason--disqualification.

I guarantee that if Ortwin tries to represent Croberts & Co. in court that Skadden will immediately move to disqualify Ortwin for conflict of interest/ethical concerns. Thus, CIG will be forced to hire another lawyer for real $$$$ instead of relying on Ortwin. Makes the defense more expensive for our beloved game company.

They wouldn't have Ortwin defend them anyways. He's not specialized in that.

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

CIG can still license out its groundbreaking technology to other developers, right?

:ohdear:

Golli
Jan 5, 2013



XK posted:

CIG can still license out its groundbreaking technology to other developers, right?

:ohdear:

The whale-milking machine belongs to Turbulent and Swofford

biglads
Feb 21, 2007

I could've gone to Blatherwycke



XK posted:

CIG can still license out its groundbreaking technology to other developers, right?

:ohdear:

Yeah I'm sure companies will be queueing up to do deals with CIG.

Jim DiGriz
Apr 28, 2008

Maybe there is no room for guys like us.
Grimey Drawer

Zzr posted:

This lawsuit is good for star citizen.

moving to the Rogue engine will make implementing all the backer fantasies way easier. Graphics are just limiting your imagination anyway.

runsamok
Jan 12, 2011

XK posted:

CIG can still license out its groundbreaking technology to other developers, right?

:ohdear:

Once they're a wholly-owned subsidiary of CryTek, sure!

BluesShaman
Apr 25, 2016

She wore Blue Velvet.
Thank you, Crytek.

Daztek
Jun 2, 2006



alf_pogs
Feb 15, 2012


MERRY CRYMAS, THREAD

Strangler 42
Jan 8, 2007

SHAVE IT ALL OFF
ALL OF IT

biglads posted:

Yeah I'm sure companies will be queueing up to do deals with CIG the new owners of all the code, Crytek.

ftfy

edit: Beaten

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Bofast
Feb 21, 2011

Grimey Drawer

thatguy posted:

So you're saying I won't be seeing a trailer for SQ42 in the theater on Friday?

Maybe someone over at Disney reads this thread and will throw together a trailer for the upcoming legal battle, instead?

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