CIG fires back in response to Crytek’s request to pause Squadron 42 lawsuit

    
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Earlier this month we reported on a request from Crytek to halt its ongoing breach of contract lawsuit against Star Citizen studio Cloud Imperium without prejudice – and without fees – until Squadron 42 is fully released, at which point it can refile the suit. CIG has since responded, and it is… I’ll say zealously against the suggestion.

CIG, for its part, is eager to see the case dismissed, just not without prejudice. “This action should never have been brought,” opened the company’s preliminary statement. “Crytek scrambles for its parachute as the March summary judgment and June trial schedule brought final reckoning ever nearer.”

CIG’s statement further outlines why the court should ignore the request for Crytek to drop the suit without prejudice, arguing that Crytek is looking to avoid further adverse rulings, mislead the court and confuse the public, and refuses to “negotiate its surrender.” It even goes so far as to recount individual claims made by Crytek and the end results of each, which, for the record, were either dismissal by the court or dropped by Crytek.

Ultimately, CIG is asking the court to dismiss the case with prejudice, citing a rule that allows the court to do so and legal precedent where that rule was applied in other cases.

“Crytek should not be allowed to aim its car at CIG’s storefront window, stomp the accelerator, smash through, do doughnuts for years, then back out and drive away to maybe circle around and crash CIG again another day. Crytek richly deserves having its keys taken away for all time, so that CIG can conduct responsible business without further interference from Crytek or its series of lawyers.”

As before, if you’re needing further context and reading on the deeply bitter legal battle between CIG and Crytek, you can check out our own Lawful Neutral’s detailed recap of the events up to this point.

source: Docdroid via Eurogamer and RPS. Cheers, Nick.
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Joey

I wouldn’t be surprised if this game never ships. So many Kickstarter games have either gone dark or completely bellied up.

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Sean Barfoot

Being generous here, I wonder if these legal wranglings might have contributed to the serious lack of progress demonstrated in the SQ42 roadmap the last year or so.

AlphaStrike
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AlphaStrike

Not really, though it’s been “updated” the roadmap itself needs to be changed along with many things that have been worked on but are simply not listed on the roadmap.

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Tee Parsley

Roberts and CIG are completely capable of ‘lack of progress’ on their own.

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ichi sakari

the judge has been critical of Crytek and doesn’t seem to be inclined to grant the dismissal without prejudice

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Oleg Chebeneev

CIG, pls wreck those noobs. Also wreck all haters on MOP and beyond. Stomp the hell out of every naysayer out there so I could watch and do a slow clap

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Mikka Hansen

They’d love to, but they are way too busy finding a place at a country without extraditon treaty for Chris

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Oleg Chebeneev

Haters had this desparate hope of Chris running with money like 6 years ago. You’re abit late to the party. Just jump on “when release???” bandwagon. Its what haters hold on dearly atm.

cmdr_cotic
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cmdr_cotic

AKA give me an echo chamber where no one can say anything that affects or challenges my beliefs…

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Oleg Chebeneev

Ya, dude above just challenged by beliefs with idea of Chris running away with money. I bet you’re as challenging /chuckle

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cursedseishi

Or… I dunno…

Maybe try challenging beliefs by NOT acting like the sort of brain-dead troglodytes that give every fandom or game a bad name? People not trusting CIG aren’t ‘haters’, wanting all the naysayers ‘stomped out’ isn’t a healthy response for any sane or honest individual.

I backed the game on kickstarter. So far, I’ve not been impressed by the wild and increasingly misguided direction they’ve been swinging their game about as things have gone on. If you like what is currently available? Good on you.

But nobody is contractually obligated to swaddle your desires to not see any sort of negativity–rightly deserved or not– anywhere in their casual range of view.

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Oleg Chebeneev

Funny how every hater out there tries to teach me how to behave while throwing insults left and right like an angry mongoloid.

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cursedseishi

Well I’m sorry if telling you not to act like an idiot is an insult to you.

And it’s super adorable you continue labeling everyone disagreeing with you as a ‘hater’, regardless of the truth.

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Oleg Chebeneev

Dont apologize. Being mad, throwin insults, calling all kinds of bullshit “the truth” is exactly what I expect haters to be doing. You’re perfect

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Bruno Brito

When the launch date is announced, i’m sure my descendants will feel adequately stomped.

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agemyth 😩

Neither of these game developers runs their company very responsibly, so sure let them slap-fight each other until one or both runs out of money.

That quote is pretty funny though.

cmdr_cotic
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cmdr_cotic

Damn, that quote…. it honestly reads like it’s from some cheap back alley lawyer, who the hell uses car metaphors of all things in court documents?

Does sound like Crytek dun goofed, am I right in thinking that the GLA remains in effect so there is the issue of standalone games to finalise?

malibutomi
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malibutomi

No actually quite the opposite.
Crytek lost all grounding just these “articles” only bringing the saucy news in bold they forgot to mention what CIGs answer revealed: Amazon didn’t just licensed Lumberyard to CIG but the whole Cryengine with all the previous versions. So even if there’s some code parts left over from Cryengine it doesn’t matter because it’s under the Amazon license not the Crytek one.

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Armsman

No that’s the Crytek legall team MO from day one. They conveniently forget things they spoke to GIG about and signed off on after the contract was signed in their pleadings, and then when CIG shows the Judge (because CIG kept a record of it all); the CRYTEK teams just tries to spin everything a new way yet again.

CRYTEK lawyers seem to hope the Judge will conveniently forget aspects of the case as she reads their pleadings. CRYTEK’s lawyers seem to believe that if they get something out that generates what they feel is ‘bad press’ for CIG – CIG will run to their settlement table; but CRYTEK fails to realize that ‘bad press’ is nothing new for CIG – so, until CIG feels they’re losing the case (which they don’t, and with good reason); they’re not going to settle with CRYTEK.

Given the way CRYTEK’s lawyers have handled the case, I would be really surprised if a Judge grants them a complete dismissal without Prejudice on every claim. She will probably dismiss some of the claims with prejudice (meaning CRYTEK would not be able to use such claims were it to re-file a case in the future after such a dismissal); but hey anything is possible in civil court.

If the Judge does state her intent to dismiss some of CRYTEK’s claims with prejudice; CRYTEK’s only option would be to withdraw the dismissal withouit prejudice motion and proceed with the Trial per the schedule laid out by the court; OR for both sides to settle.

IF CRYTEK decided to go ahead, I don’t see what they can get since it appears Amazon licensed all versions of the Lumberyard Cryengine (which includes the version that CRYTEK is suing over as it was the basis of the ‘Fork’ to what became known as Lumberyard); and given that the Judge already (and correctly) ruled that the original CRYTEK license agreement DID NOT lock CIG into using just CRYTEK’s version of Cryengine at the time, and CIG was (and is) free to switch engines (they just can’t get back the $2 million they paid to CRYTEK for the original license) as they like; CRYTEK doesn’t have much of a case left (a few claims of possible copyright infringement by showing CRYTEK Cryengine code in some of CIG’s development videos over the years; and even then CRYTEK is only able to receive statutory damages and no punitive damages per the Judge’s earlier rulings – and punative IS where the MONEY is); CRYTEK may not even get enough to pay all the legal bills as in any rulings against CIG, the Judge would probably rule CIG was only responsible for CRYTEK’s legal fees related to any claims CIG lost on – not the full bill of everything CRYTEK spent to bring the case to court; PLUS the judge could rule CRYTEK is responsible for CIG’s legal bills related to the claims CIG was found not to be in breach of.
^^^
Again, this is why 99% of all civil lawsuits of this type settle BEFORE trial, because the only one really making bank are the lawyers – and if one side spends too much, even if they prevail at Trial, the award may not cover all the legal fees incurred by that side.

Plus, if the case goes to Trial, if one side isn’t happy with the result, they can appeal, and drag the process out further.

If I had to take a guess, another thing CRYTEK really wants out of all this is to the the $500,000 bond they put up released back to them – without having to hand a portion (or all) of it to CIG to cover GIG’s legal fees for anything dismissed with prejudice.

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Java Jawa

This reminds me of patent trolls trying to make a quick buck, really shameful business practice.

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Lethality

Amazon confirmed to Crytek during discovery that they *also* licensed CryEngine to CIG, so the entire case is over at this point. CIG has the rights wether they used it or not. (info from BoredGamer’s recent recap)

Pepperzine
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Pepperzine

Waiting till Squadron 42 fully releases 🤔

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Lord Klaus

Crytek: just another company of losers that try to spill money from another company to compensate their lack of innovation and success. Ridiculous.

cmdr_cotic
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cmdr_cotic

I honestly donn’t get what they’re out for. They sold the license to Amazon for $50-$70 million apparently, they have Hunt: Showdown which has been very successful by all accounts and yet they’re throwing money at a no-win suit.

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DoomSayer

Many companies just settle vs a drawn out legal battle because they believe fighting it, even if they win, will cost them more money in the end. So I would guess Crytek was hoping for it to never go to trial.

cmdr_cotic
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cmdr_cotic

Crytek pushed for the trial, iirc CIG offered a settlement and Crytek were like “fuck you, you’ve had your chance.”

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DoomSayer

Thanks for letting me know. We will see how that plays out for Crytek.