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Crytek moves to dismiss lawsuit without prejudice
Kefo
Member EpicPosts: 4,229
in Star Citizen
Old news but Crytek is moving to have its lawsuit against CI dismissed without prejudice. The prevailing theory is that SQ42 will not be coming out by the court date of October so there won’t be anything to sue against. Without prejudice means Crytek can refile the lawsuit when, and if, SQ42 releases.
https://www.reddit.com/r/Games/comments/ejedi8/star_citizen_lawsuit_takes_an_unexpected_turn_and/?utm_source=amp&utm_medium=&utm_content=post_body
CI wants Crytek to pay a portion of legal fees if they do dismiss.
Crytek dropped this bomb with the legal filing
“This case has been marked by a pattern of CIG saying one thing in its public statements and another in this litigation. For example, at the outset of this case, CIG had publicly claimed it had switched to using the Lumberyard Engine for both Star Citizen and Squadron 42, but was forced to confirm during this litigation that no such switch had taken place.”
Everything should be taken with a grain of salt of course but perhaps it’s time to question why during discovery Crytek thinks SQ42 won’t even get a release by the trial date schedule for October hence the dismissal
CI wants Crytek to pay a portion of legal fees if they do dismiss.
Crytek dropped this bomb with the legal filing
“This case has been marked by a pattern of CIG saying one thing in its public statements and another in this litigation. For example, at the outset of this case, CIG had publicly claimed it had switched to using the Lumberyard Engine for both Star Citizen and Squadron 42, but was forced to confirm during this litigation that no such switch had taken place.”
Everything should be taken with a grain of salt of course but perhaps it’s time to question why during discovery Crytek thinks SQ42 won’t even get a release by the trial date schedule for October hence the dismissal
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https://www.ashesofcreation.com/ref/Callaron/
https://forums.mmorpg.com/discussion/486245/squadron-42-2019-visual-teaser/p1
Lots of sites covered it.
Not a dismissal but a request for a dismissal. By Crytek. From the filing:
"CIG’s position is that, unless and until the Court grants Crytek’s Motion to Dismiss or a motion for a protective order, motions which CIG intends to oppose, it is improper for Crytek to delay discovery, including by refusing to produce their CEO and corporate designees for their noticed depositions or to produce Crytek’s relevant documents in advance of these noticed depositions. CIG further believes that, in light of the existing schedule set by the Court, the parties need to proceed with the litigation and continue preparing for trial. "
Source: https://www.docdroid.net/t4uERy1/031132165356.pdf#page=4
So rather than: "perhaps it’s time to question why during discovery Crytek thinks SQ42 won’t even get a release by the trial date schedule for October hence the dismissal"
The question should be:
- why don't Crytek want to proceed with the trial
- why don't Crytek want to continue with discovery.
Crytek - after all - pushed for the trial. Crytek pushed for discovery.
Because ... roll of the drums .... SQ42 won't have been released by the trial date. And they forgot to mention this when agreeing to the original trial date. Or the first extension to June. And have only now "uncovered" that it won't be out by October. That SQ42 milestone chart must have been buried real deep.
And why would the release date matter? This is about stuff prior to the switch to Lumberyard. Which - as has been discussed - "was and wasn't" a change. (Amazon having paid Crytek lots of money to add the Cry x.x to Lumberyard.)
Most of Crytek's original claims have been thrown out; pre-trial. The remaining claims were considered "tenuous enough" by the court that Crytek had to put up a bond to cover potential damages that Crytek may have to pay CIG for bringing the case.
This request by Crytek - who have CIG on the ropes remember - hardly inspires confidence in Crytek's position.
I don't think we should read too much into this lawsuit, but Azaron_Nighblade is correct that at the moment RSI is avoiding talking about how SQ 42 is going.
Also if SQ42 was ready to release it would release, CIG is in power to do changes they see fit on how they release it that can block what they picked as their argument and with it their attempt to pursue.
The codebase switch move is also no news, Amazon owns the same code that Crytek owns that CIG uses, pretty much all they did was a rebranding. If Crytek's feels are hurt over the license move they shouldn't have sold it to Amazon.
Just the same stuff that been talked in 2017 when this was started.
If by "not talking about SQ42" you mean "based on the milestone chart it seems that SQ42 is behind schedule which they are not talking about" - OK. They have been updating the chart though.
In context though this is Crytek saying: we have just realised that SQ42 hasn't released yet! Remember the trial date was originally scheduled for pretty much now. Then June. Now October has been requested. (Second continuance).
Which is rubbish! And any judge that reads these forums will know that the earliest possible SQ42 beta release date has been available for a while. And that the only question was about the actual date!
So for Crytek to suggest they have only just realised that SQ42 won't be out now - pfft.
My thought is that this is an "excuse" they have dredged up on which to hang their motion to dismiss without prejudice and without costs.
Of course, there are quite a few people who will continue to say that water is dry but just like everything else, the logic or evidence stemming from latest developments in this lawsuit isn't going to convince those guys anyways
CI can use YOUR money...really sad,CRYTEK has to use their own money.CI has a LOT more of YOUR money to unload on lawyers,Crytek has VERY little fighting chance to protect their copyright and obviously has had terrible lawyers in the past that allowed them to be scammed in the contract.
Never forget 3 mile Island and never trust a government official or company spokesman.
Crytek sold the rights to Amazon. Amazon added Cry to Lumberyard. CIG "moved" to Lumberyard - they were using the same version of the engine that Amazon bought the rights to. CIG will subsequently pay Amazon (for AWS etc).
Lest you feel to sorry for Crytek though remember they got a reported $60-$80M from Amazon.
This has nothing to do with the lawsuit
And the other half survived so what’s your point?
This is a common tactic to force the other party to drop the suit if they can’t afford to put up the fee, which Crytek did so the point is moot
The thing about all the lawsuit theory-crafting is that I'm not familiar enough with the law (especially this specific area of law) to even speculate- And even if I were an Ace Attorney, the outcome will still depend on a ton of variables , many of which I wouldnt even be privy to...And my opinion at best would still be a 60/40 guess.
I'll wait for the entire thing to be over and use my 20/20 hindsight.
That said, my completely uninformed opinion is that CIG completely screwed over Crytek, yet in the most slimy 'legal' way possible...But legal.
It’s fun to theorycraft sometimes though. Yeah most of this will depend on variables that only the people involved in the lawsuit will see (since a lot of stuff is sealed or redacted) but still fun to throw out your opinion and pose questions as long as you don’t try to pass your opinion off as fact.
I can see CI merging SQ42 back into SC as a module to bypass any Crytek claim if they get backed into a corner. They would have a shitshow on their hands though with the backers who bought SQ42 standalone but they’d prob just throw store credit at them and deny refunds lol. Course if they made it a module then the long rumoured (and very highly suspect) console version would have trouble releasing lol
The code LY released was 99% .something a copy of CE's own codebase, the fact the engine NOW does not make use of X or Y that CIG still does not mean the code is not still licensed code from Crytek by Amazon.
Crytek can not lay a claim on code that Amazon also owns and has licensed to CIG unless that code has never been part of LY's code.
The SQ42 pledge is an obvious minority of backers, even today on the main page SC is sold SQ42 is still an add-on to SC, they don't need to refund any less they simply give every standalone SC's digital download.
So much hype over this case for nothing...
Since Crytek did put up the bond - so its moot - why do they now want to drop the case? Unless you mean wanting to drop a case is the common tactic to try and get the other side to pay?
If CIG are using a Cry engine tool that Lumberyard doesn't use then that potentially would be an issue between CIG and Amazon. Amazon, as reported, having acquired all of the engine fork. Not that there are any suggestions that Amazon have limited it.