CryTek v CIG/RSI

[Caveat Emptor]

I'm surprised the judge granted the 'exclusive' aspect of the MtD.

It seems common sense that when Crytek agreed to create the SC demo for CIG/RSI, part of the contract would be to ensure that CryEngine (and only CryEngine) would be used for the game, thereby rewarding Crytek by providing valuable publicity.

What game-engine company would agree to only allow one company to use their engine? It doesn't make sense to me.

[dsmart]

She granted it because they Crytek filing was a bit ambiguous. That's why she left room for them to re-file it.

Also, the exclusivity was that CIG could only use CryEngine for Star Citizen; not that only CIG could use CryEngine.

[Caveat Emptor]

She granted it because they Crytek filing was a bit ambiguous. That's why she left room for them to re-file it.

Also, the exclusivity was that CIG could only use CryEngine for Star Citizen; not that only CIG could use CryEngine.

Thanks. That clarifies things.

[N0mad]

Just following your Tweets. Section 2.4 was originally dismissed by all the SC supporters as a non-compete clause, ie. CIG mustn't be in the business of selling or supporting a competing Game Engine - which most took to mean that CIG themselves couldn't create a competitor to CryEngine within a 2 year period after the GLA terminates (it hasn't). But there's enough ambiguity to argue - as many of us did - that it effectively prevents CIG from using another Game Engine if they didn't want to use CryEngine.

In may ways all this is just the starting gun for the real fun: Discovery. Either their current financials or their code repository (showing that they just did a "Replace All" on the Copyright headers on all their files to swap Crytek to Amazon Lumberyard) are going to get them into real trouble.

[dexatron]

You cannot prevent a person from making a living, the same applies to companies I would suppose.

If CIG can demonstrate that the CryEngine was too flawed to continue development with, they might have a chance...

[StarBallz]

You cannot prevent a person from making a living, the same applies to companies I would suppose.

If CIG can demonstrate that the CryEngine was too flawed to continue development with, they might have a chance...

If CryEngine was too flawed how come the game is not doing better with Lumberyard nearly 2 years later. Your argument doesn't make sense at all. Are you here to troll us?

[Caveat Emptor]

You cannot prevent a person from making a living, the same applies to companies I would suppose.

If CIG can demonstrate that the CryEngine was too flawed to continue development with, they might have a chance...

According to Derek, CryEngine was capable of producing the original game (as per KS ).

It was only when the scope ballooned and additional promises made that SC became impossible to achieve using CE (and possibly any other engine).

So the question is - 'Why was the scope allowed to balloon beyond the capabilities of CE?' Who authorised this?

You can't prohibit someone from making a living. That is true. But you can prohibit HOW someone makes a living, especially when that restriction forms part of a contract.

[jwh1701]

https://www.reddit.com/r/starcitizen/comments/97gxfn/cloud_imperium_games_vs_crytek_court_rules_on/

https://www.docdroid.net/K7ugdJo/crytek-gmbh-v-cloud-imperium-games-corp-et-al-cacdce-17-08937-00380.pdf#page=6

[dexatron]

If CryEngine was too flawed how come the game is not doing better with Lumberyard nearly 2 years later. Your argument doesn't make sense at all. Are you here to troll us?

Please demonstrate 'not doing better' in a court of law... 

I think CIG's only out is to demonstrate that the CryEngine is fatally flawed and forced them to jump ship, though I doubt that would work if there is no record of communication  between them and Cry telling Cry to fix their engine.

[N0mad]

Please demonstrate 'not doing better' in a court of law... 

I think CIG's only out is to demonstrate that the CryEngine is fatally flawed and forced them to jump ship, though I doubt that would work if there is no record of communication  between them and Cry telling Cry to fix their engine.

It's good to have some arguments on this forum - it's become too much of an echo chamber of late - but you're wrong.

You've just said that CIG should make the case that they switched to the Lumberyard branch of CryEngine because the Crytek branch of CryEngine is fatally flawed. They are the same engine, and when CIG changed and Lumberyard was still new, there was very little difference between the 2 branches.

The only fatal flaw is in that line of reasoning I'm afraid.

[dexatron]

@Nomad, Good point, Lumberyard is a fork of Cry Engine and inherits its characteristics.  So much for my new job as defense attorney.  The legalese of the filings are way to complicated for my simple brain to digest.

[dsmart]

My thread has concluded

https://threadreaderapp.com/thread/1029687504205688832.html

[dsmart]

If CIG can demonstrate that the CryEngine was too flawed to continue development with, they might have a chance...

How and why would they make such a claim? And do you see it in any part of their responses or even the MtD filing?

That makes no sense. Especially since the GLA didn't give them any guarantee of performance. It was up to them to use it or not. That's why the judge even let 2.1.2 slide.

ps: Are you familiar with Epic Games v Silicon Knights? Please read up on that, because they tried - and failed - a similar claim. Epic bankrupted them.

[Padrepapp]

Hey Derek!

As I can see the SC reddit is celebrating.
Their 2 claims are:
- exclusivity motd granted
- punitive damages motd granted

I think I get your argument why the first doesn't really matter, but could you elaborate on the 2nd? They claim that with this they wont have to pay a lot for Crytek.

[Aya Reiko]

You cannot prevent a person from making a living, the same applies to companies I would suppose.

If CIG can demonstrate that the CryEngine was too flawed to continue development with, they might have a chance...

Irrelevant.

CiG signed the deal to only use the CryEngine.  It's their fault they are stuck with something that can't handle the ever increasing scope.