(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss the Second Amended Complaint in Part (FRCP 12(B)(6))42 presently scheduled for hearing on October 12, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. Further, the scheduling conference on October 12, 2018 is also VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)
This was from Oct 11. Wonder how long until the judge makes her decision and what will happen going forward based on discovery.
The courts granted CIG’s motion to dismiss with leave to amend. So Crytek has 21 days to amend their complaint or let the court know they will be dropping that specific point of contention
Crytek just took a major blow on their case on that one, It was such grasping for straws trying to get the Lumberyard/Cryengine bit into court that after the initial point the initial MtD defeated they moved all efforts to argue over point 2.4, but that play failed.
With this ruling from the judge the points stand on:
- The idea that CIG is competing with Crytek in the game engine space has been shot down by the court (CIG weren't "engaging in the business" of selling StarEngine, so Crytek have no grounds to say that they were "designing, developing, creating or promoting" an engine which competes with Cryengine.)
- Their GLA permits adapting Cryengine to suit CIG's needs.
- The GLA only prohibits CIG from licensing to a third party. Not licensing from another party i.e: Lumberyard
- CIG aren't obliged to promote Cryengine. The promotion of Lumberyard is not sufficiently evidenced.
- Crytek can file a third and final ammended complaint addressing these issues, but until then the MTD is granted.
Crytek just took a major blow on their case on that one, It was such grasping for straws trying to get the Lumberyard/Cryengine bit into court that after the initial point the initial MtD defeated they moved all efforts to argue over point 2.4, but that play failed.
With this ruling from the judge the points stand on:
- The idea that CIG is competing with Crytek in the game engine space has been shot down by the court (CIG weren't "engaging in the business" of selling StarEngine, so Crytek have no grounds to say that they were "designing, developing, creating or promoting" an engine which competes with Cryengine.)
- Their GLA permits adapting Cryengine to suit CIG's needs.
- The GLA only prohibits CIG from licensing to a third party. Not licensing from another party i.e: Lumberyard
- CIG aren't obliged to promote Cryengine. The promotion of Lumberyard is not sufficiently evidenced.
- Crytek can file a third and final ammended complaint addressing these issues, but until then the MTD is granted.
I wouldn’t call this a major blow against Crytek until a final ruling on the MtD is done. It can still swing either way at this point depending on how well(or poorly) Crytek amends the complaint.
Also don’t forget the judge already threw out the other MtD’s so Crytek still has some teeth in the fight if this one is upheld. How sharp those teeth will be though remains to be seen
Well imo they do have a case but are either idiots or they simply cannot prove anything.
The basis of having a case would be on that "2 year period".They would need to prove that CIG was moving away and working on another engine while still under contract. Trying to sue them well after the 2 year period was dumb and should have been told by their crap lawyers they had NO case at all. So they need to stick to the contract and look therein and not think they can just win based on morals because Courts don't care about morals,they look at laws.
I will say that most figured there was no agreement at all but there was for a 2 year period.
Now WHY after that 2 year period is there not a new contract?Then if there was not a contract why was Crytek not investigating the use of said engineThis just seems so amateur hour by Crytek's lawyers because if there is a section of a contract that is about to become void,that contract needs to be rewritten.
Never forget 3 mile Island and never trust a government official or company spokesman.
so how does Crytek lose exactly when the court threw out most of CIG's motion's to dismiss? Or is the internet lawyer making grand claims again without knowing the full story in an attempt to get more channel subs off the fanbase?
so how does Crytek lose exactly when the court threw out most of CIG's motion's to dismiss? Or is the internet lawyer making grand claims again without knowing the full story in an attempt to get more channel subs off the fanbase?
That internet lawyer clarified in that video that whatever happens from now on, CryTek would only be able to claim a small amount of money for minor infractions that would not even cover their own lawyer cost. There is no way anymore to ask for more money, or to ask for full discovery (to possibly get material for forcing CIG into a costly settlement). With an excellent chance that they might altogether lose the case and have to pay CIG's lawyer fees too. There is only a minimal chance anymore that CIG would agree to a settlement - they simply have no reason to do it at this point.
In essentiam ... CryTek should read some Shakespeare ... Much ado about nothing ...
That internet lawyer clarified in that video that whatever happens from now on, CryTek would only be able to claim a small amount of money for minor infractions that would not even cover their own lawyer cost. There is no way anymore to ask for more money, or to ask for full discovery (to possibly get material for forcing CIG into a costly settlement). With an excellent chance that they might altogether lose the case and have to pay CIG's lawyer fees too. There is only a minimal chance anymore that CIG would agree to a settlement - they simply have no reason to do it at this point.
In essentiam ... CryTek should read some Shakespeare ... Much ado about nothing ...
Have fun
Yes this will boil down to money, the prospects of how much money could they get vs the costs of this lawsuit if they lost arguments that were key to stand claiming large numbers in dramages.
That's why they were so nitpicky about SQ42, and with the GLA having bits supporting CIG's defense of allowing them to develop SQ42 as is... they have their work cut out for them on this stuff.
So happy StarCitizen is gonna win this case. So many people were hoping they wouldn't, I cant wait for them to see Crytek fail.
Actually no. CryTek might even win ... but the only thing left will be a triviality. With minimal fines for CIG about technicalities ("Was the CryEngine feedback that CIG gave back to CryTek enough or not enough ?"). Not the Megabucks settlement CryTek was aiming for and why they started this thing in the first place.
There IS a chance that CIG wins and CryTek has to pay all the lawyer fees.
There is a chance that CryTeks drops the case as there is no longer enough money to be made there and lawyers are expensive.
Barring full discovery, I doubt Crytek will have the leverage for a good settlement with CIG. Without that, they may give up, or see if a face saving 'settlement' can be brokered.
If you are holding out for the perfect game, the only game you play will be the waiting one.
Comments
This was from Oct 11. Wonder how long until the judge makes her decision and what will happen going forward based on discovery.
The courts granted CIG’s motion to dismiss with leave to amend. So Crytek has 21 days to amend their complaint or let the court know they will be dropping that specific point of contention
https://www.docdroid.net/Jv5BRif/031129522308.pdf
With this ruling from the judge the points stand on:
- The idea that CIG is competing with Crytek in the game engine space has been shot down by the court (CIG weren't "engaging in the business" of selling StarEngine, so Crytek have no grounds to say that they were "designing, developing, creating or promoting" an engine which competes with Cryengine.)
- Their GLA permits adapting Cryengine to suit CIG's needs.
- The GLA only prohibits CIG from licensing to a third party. Not licensing from another party i.e: Lumberyard
- CIG aren't obliged to promote Cryengine. The promotion of Lumberyard is not sufficiently evidenced.
- Crytek can file a third and final ammended complaint addressing these issues, but until then the MTD is granted.
Also don’t forget the judge already threw out the other MtD’s so Crytek still has some teeth in the fight if this one is upheld. How sharp those teeth will be though remains to be seen
"Nice game ya got there. Would be a shame if some of this dirty laundry was to leak out, ya know?"
If you are holding out for the perfect game, the only game you play will be the waiting one.
I think that would say a lot more about Cryteck than it would about CIG
Blackmail is a crime, lets not forget that.
"Be water my friend" - Bruce Lee
With mutual agreement on that doing what Argle suggested would also be criminal behavior even without any action that would hit blackmail.
"Crytek Loses. Star Citizen Wins."
https://www.youtube.com/watch?time_continue=2&v=Uw-Df748okk
Frank 'Spankybus' Mignone
www.spankybus.com
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Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.
The basis of having a case would be on that "2 year period".They would need to prove that CIG was moving away and working on another engine while still under contract.
Trying to sue them well after the 2 year period was dumb and should have been told by their crap lawyers they had NO case at all.
So they need to stick to the contract and look therein and not think they can just win based on morals because Courts don't care about morals,they look at laws.
I will say that most figured there was no agreement at all but there was for a 2 year period.
Now WHY after that 2 year period is there not a new contract?Then if there was not a contract why was Crytek not investigating the use of said engineThis just seems so amateur hour by Crytek's lawyers because if there is a section of a contract that is about to become void,that contract needs to be rewritten.
Never forget 3 mile Island and never trust a government official or company spokesman.
Have fun
Yes this will boil down to money, the prospects of how much money could they get vs the costs of this lawsuit if they lost arguments that were key to stand claiming large numbers in dramages.
That's why they were so nitpicky about SQ42, and with the GLA having bits supporting CIG's defense of allowing them to develop SQ42 as is... they have their work cut out for them on this stuff.
If you are holding out for the perfect game, the only game you play will be the waiting one.