Legal proceedings between Crytek and Star Citizen’s Cloud Imperium move to alternative dispute resolution

    
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Just when we all thought the matter had seen a major roadblock in the proceedings, a new chapter in the game engine lawsuit between Crytek and Star Citizen’s Cloud Imperium Games has been written.

According to new legal documents, counsel for both parties have been ordered to arrange a date for an ADR proceeding, which according to this definition is “the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation.” A date for this proceeding has not yet been set in stone, but the order in question states it should be no later than Wednesday, July 31st.

The day before this new order was filed, the case was set to head to a jury trial on Sunday, March 24th. That order was filed this past Thursday, March 7th, while the order for ADR processing was filed the following Friday, March 8th.

For those who haven’t been playing along, this is the latest in an epic that started in December of 2017, when Crytek alleged that Cloud Imperium infringed on copyright by using the CryEngine to create assets for Squadron 42. CIG filed a motion to dismiss the lawsuit that was mostly denied in August of last year but also saw signifcant parts of Crytek’s original arguments get thrown out.

You can get every single detail on this matter below:

source: PacerMonitor via reddit. Thanks to Quavers for the tip!

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Justin

So what are the implications for crytek and CIG following the outcome of this lawsuite ?

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Alberto

probably end up settling out of court, right or wrong its the cheapest resolution for all parties involved and probably what Crytek was going for in the first place. In other words Thanks Wacky US Law system!

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Fervor Bliss

Rebranding Foundry 42 is such a lame move in this case, at this point.

Squadron 42 studio Foundry 42 is rebranding under Star Citizen’s Cloud Imperium conglomerate

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Alberto

The rebranding probably has more to do with Brexit and the 42 Million Dollar Investment and 2 new partners they recently joined. It wouldn’t help them in this particuilar case.

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Armsman

An ADR meeting is REQUIRED in CA before you have a trial. It’s more a matter of trial procedure than anything else in that state (I work for a court so I know.) Nothiong to see here. Both sides will show up, a mediator (agreed to by both sides) will try to get to a resolution; and if there is no resolution, all sides will sign a statement stating that there is no ADR agreement and things will go forward.

(Oh, and I’ve heard of ADR meeting conferences that lasted less than 5 minutes.)

Aldristavan
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Aldristavan

100% accurate. I’ve seen several “five minute” mediations. Nope, we still don’t agree. Litigation continues.

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dsmart

Please tell Oleg; he won’t listen to me :)

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Bruno Brito

Give up on Oleg.

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Oleg Chebeneev

One says ignore Oleg. Another says give up on Oleg. Both argue with Oleg vigorously.

/chuckle

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Bruno Brito

Mom always said to respect special people.

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Utakata

Maybe you folks just need to knock it off with the trolling of each other? o.O

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Bruno Brito

N e v e r

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Joe Blobers

DS was wrong again. This Crytek claim was supposed to be the end for CIG as they did absolutely everything wrong :)

Quote DS: “I believe that the judge is going to…. ” or “CIG is defenseless…”
The very opinion of DS like he did have opinion about anything CR and community supporting the game are doing:

– collapse 90 days top! … since 2015
– CIG won’t have another Citizencon since 2016
– Seamless space to planet is decades away…. (lol)
– September 2018: “The damages alone are going to be catastrophic. If you’re an investor, you just got rekted.”

So litigation goes on. Fine this is just normal procedure with close to nothing in the case that can remotely hurt this project… or stopping investor coming in :)

Good to see he does have as much expertise in court than he does in game development expertise.
Apparently the apple never falls far from the tree :)

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Joe Blobers

DS not because you have an “opinion” (biased to a point the word itself means nothing) but because you largely contributed to not be audible based of your permanent toxic behavior against SC community (since 5 years) and CR (since 20 years) and are hardly known by new generation beside an hater (sorry “opinion”) blog…

You are as credible as Trump talking about his new friend Kim Jong-Un :)

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Alberto

WOW..Thanks…for the info

xpsync
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xpsync

All part of Chris Roberts exit strategy.

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Roger Melly

And so the soap opera that is CIG and its chaotic gaming development continues . I wouldn’t be at all surprised if the actions of this company will be made into a comedy movie once all the dust has settled .

I think Adam Devine would perfect for the part of Chris Roberts

Chris_Roberts_GDC_2012.jpg
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Joe Blobers

Quote Roger: “and so the soap opera that is CIG and its chaotic”

Company suing another one have nothing to do with chaos of one or the other but strategy to grab cash.

Roger you keep delivering your usual misunderstanding about game development. If only you knew how company are growing, you would know that this is a daily fight and hell on earth.

Hiring +500 talented devs is a massive challenge while having to arbitrate between incomes, costs, tech challenge and time before release of a quality product.

CR and SC community did allowed to provide current roadmaps with SQ42 in Beta in 5 quarters. And that is proven with numbers: from scratch to 6M$ and now a valuation of 460M$.
This is a remarkable achievement taking into account multiple challenges and hurdles of any ambitious project.

About a comedy movie I am pretty sure we can make a good one based on all past “drama” :)

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Tuor of Gondolin

I forget. Who is Crytek again?

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Oleg Chebeneev

Looks like CryTek official lost the case so they now hope that CIG throws them a bone in dispute so they could save their face.

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Roger Melly

I think it is more likely part of the process , the two sides are trying to come to an arrangement but failing that it will go to court .

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dsmart

Ignore him; he’s just posting the usual rubbish. It was a court order by the judge; nothing that Crytek or CIG filed. As I said in my OP, this is standard procedure.

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Oleg Chebeneev

World-renowned Star Citizen expert has spoken. HAHAHAH

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dsmart

Well, I’m not wrong, nor the one writing nonsense.

The filing is basically an updated version of the judge’s original scheduling order from 2017. Nothing that Crytek or CIG filed.

Godnaz
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Godnaz

Just because I’m not a fan of DS doesn’t mean he’s not right. Dude knows this case as good as anyone.

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dsmart

I have cataloged every single filing in the case, while offering INAL commentary. If you scroll down to the end of the OP, you will see an image of the original Dec 2017 scheduling order which is what she updated on Mar 7th.

The original settlement conference date was for Dec 20, 2019. It’s now set for Jan 28, 2020.

In Feb 2018, CIG were the ones who prematurely initiated settlement talks, which CryTek rebuffed – in a court filing. You can read my coverage (and links).

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Oleg Chebeneev

Asks others to ignore me, jumps to argue with me about how he is totally right. Classic Derek

Godnaz
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Godnaz

I hate to say this Oleg but these days, you are more compulsively fanatic than DS is a derogate.

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Oleg Chebeneev

Dont worry. Other haters tell me this on daily basis too.

Godnaz
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Godnaz

But I’m an avid backer with plenty funded into it and loves the game and it’s current development. >.> If DeeKay were here, he’d just tell me to let it go..

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Oleg Chebeneev

I mean… you first words in your reply to me are: “I hate”..

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dsmart

FYI, I even issued an official statement as to why I don’t write about the project as much as I used to. If nothing else, it confirms what I’ve stated since 2015 that I was involved in this for specific reasons – which no longer apply as they once did. Read my statement to see why that is.

I am looking forward to SQ42 because SC, as we once knew it, is basically DOA.

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Oleg Chebeneev

Its clear as day why you gave up. When SC was early in development you could talk any crap since devs didnt have stuff yet to shut you up. Now SC has most features and necessary tech complete, first planet released, everything looks incredible. So here you are waving a white flag. Understandable

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Bruno Brito

The point of contention here is that Godnaz is right. Smart knows he’s not likable, so he’s at least knowledgeable. Which makes his opinion more or less valuable.

You, on the other hand, get told on a daily basis that you’re way too invested, way too rampant, way too overprotective.

There’s a saying that goes like this: “When one calls me dumb, i can get mad. When two call me dumb, i can get pissed, when three call me dumb, i get enraged, but when four, five, six or more call me dumb, maybe i should get a job driving a fucking chariot.”

Now, why did i say that: Because while Smart has an agenda against CIG, and he’s not likable, he at least has some idea of what the hell he’s talking about. Everything you’re passionate about is something we should be worried as either dubious or a fucking cashgrab. You like SC, and SC has one of the rockiest stories to ever been told in MMO development, and they have a game in alpha with a functional cashshop without core functions in the game. You like Project-Ascension, a rebrand of WoW-Awakening that sold 50 dollars betatest keys FOR A WOW PRIVATE SERVER. I don’t care how different it is from retail or it’s timely interaction ( Wrath, and it wasn’t much since all it was changed was the talent trees and stat distributions ), it was a fucking cashgrab and it was extremely rejected at the time, on reddit, on it’s forums and to this day, known as one of the biggest shameless cashgrabs in WoW Pserver history.

EVERYTHING you like is something to be worried about. Sometimes i wonder if you’re just a russian bot trying to feed us a terrible industry.

Grow up, will you? You’re getting insufferable.

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dsmart

Hey Oleg, asking others to ignore you, while offering additional corroborating info, is how discussions work. It’s not “arguing” with you because that would imply that you actually had an argument. You didn’t.

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dsmart

This is standard procedure for civil lawsuits.

Basically, either side is going to walk into that meeting and literally go “Thanks – we’ll pass“. And it’s off to trial.

CIG already tried a settlement a few months ago, and Crytek (in a court filing) blew it off saying they’re going to wait for discovery to end first.

Godnaz
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Godnaz

Pretty much this. Not sure Crytek will gain from this though. Given what the courts have decided, is legal fees alone worth arbitration?

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dsmart

These things are basically conference calls. Even so, ahead of that, there tend to be email exchanges etc. If one side doesn’t feel that there’s any reason to even have the conference, it simply won’t happen. In which case, they will file a joint case status update to let the judge know the outcome.

But yeah, they are still billable hours for the attorneys.

Xijit
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Xijit

Crytek has imploded to the point that it is basically just a holding company now & they will see nothing form this, win or lose … however the lawsuit has clearly taken on a life of its own with the lawyers in question perpetuating it in order to set themselves up with a massive pay day once it is over.

win or lose, Cryteck’s lawyer gets paid & CIG’s lawyer will get paid … how long the two sides can milk this sucker out decides how big of a check it will be.

I believe that Cryteck is the one in the right, but chances are that they will go bankrupt before this gets settled. CIG would probably be wiser to simply buy out Cryteck now and merge the two companies just to get the case dismissed. Otherwise, if Cryteck goes under before the lawyers get paid, this thing is going to turn into a true zombie lawsuit.

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Armsman

Xijit said:

I believe that Cryteck is the one in the right…

^^^
Um…no.

If you bothered to read the Judge’s rulings, all CRYTEK’s theory and arguments as to how they believe the Contract and GLA should be interpreted are CONTRARY to CENTURIES of contract law. The Judge even ruled that IF any violations are found; CRYTEK would only be able to collect statutory damages and couldn’t collect ANY punitive damages.

Plus CIG submitted evidence that they were complying with the “bug fix” part of the contract; but CRYTEK never responded, so CIG took that to mean CRYTEK wasn’t interested in receiving said bugfixes that CIG had done…

Yeah, in the end, all this was – was an attempt to try and get a quick cash settlement from CIG so CRYTEK could limp along maybe another year (or so the owners could call it quits with something in the bank.)

It’s failed to tho point that the only thing the CRYTEK owners will have is a large legal bill they can’t pay because they got nothing from the suit.