The primary issues in this case are (i) whether the Defendants breached the Game License Agreement; whether Defendants infringed upon Crytek’s copyrighted work; and the amount of damages to which Crytek may be entitled
Defendants’ Position:
CIG and Crytek entered into a binding and enforceable GLA under which CIG
has fully performed. The threshold legal issue is for Crytek to articulate, in a manner
sufficient under the Federal Rules of Civil Procedure and the pleading standards set
by the Supreme Court in Twombly and Iqbal: what if any promises Crytek alleges
were not performed, and which of Defendants’ works, if any, infringe which of
Crytek’s registered copyright-protected works, if any — subject to all defenses
including those under the Copyright Act and the GLA
Crytek position on discovery:
At this time, Crytek contends that discovery will be needed on at least the
following subjects:
• Defendants’ products, including Star Citizen and Squadron 42;
• marketing and promotion of Defendants’ products;
• revenue, profits, and crowdfunding obtained by Defendants;
• Defendants’ use of Crytek property, including CryEngine;
• contracts and communications between the Defendants;
• ownership, management, and structure of Defendants;
• Defendants’ communications with its customers;
• operative contracts between Crytek and Defendants; and
• technology transferred from Crytek to Defendants.
Beet Wagon
Hoo boy, can’t wait to still be reading arguments about this in 2019 lol
“Crytek’s counsel stated that Crytek was open both to mediation with a neutral from the Court Meditation Panel or with a private mediator, but declined to respond to Defendants’ insistence that Crytek make a settlement demand”
“Defendants asked Crytek what it wanted from this case and whether it had a settlement demand. Crytek said it was not prepared to make a settlement demand or tell Defendants what it hoped to achieve from the lawsuit. Defendants asked Crytek what method of settlement procedure Crytek preferred; Crytek would not state.”
**The initial filing of the lawsuit will have kicked off a timetable of events. One of those is the scheduling of the discovery process. This is a joint effort by both CIG and Crytek, and a meeting was held in person between both parties (or their representatives) and it just happens that it was Crytek’s lawyers who documented and submitted the report on that meeting.
There is no conspiracy here. This is not Crytek trying to force the judge to do anything. It’s just a procedural element of the lawsuit. We’re exactly where we were before this document was published: waiting for the judge to rule on the motion to dismiss.**
Crytek/Skadden: Here is what we want and need, here is the timetables we find acceptable.
CIG/FKKS: We don’t know why Crytek is filing any of these claims and need them to explicitly clarify this for us before we can come up with anything. Why are we being sued again?
how is lawsuit formed
Seriously, this response essentially boils down to:
Crytek: “we’re suing for x, y and z”
CIG: “Why are you suing us, though?!?”
(Discovery plan is filed)
Crytek: “We propose that the following documents be disclosed in discovery: […]”
CIG: “Why are you suing us, though?!?”
Crytek: “Also, we propose the following schedule for the court: […]”
CIG: “Why are you suing us, though?!?”
I loved how CIG laid the smack down on Crytek in its filling. It was awesome to see them say that they signed a 2 million dollar contact with a sinking ship in its filling to the judge. But if you have 178 mill who cares about wasting 2mill if it helps speed up the development and better fidelity. Looks like crytek is on the ropes trying to get access to ly so they can help develop there own engine is how I see it. One thing this is bothersome is why did Chris deleted the agreement to show were all the money went if he did not produce the game in the time he allotted? I’m sure he had a good reason to withhold the financials from us since he so open on everything else. Maybe the discovery will help show that they have spent very little since Chris stated he’s so efficient he can operate on fifth of the money compared to any other AAA studio.
Virtual Captain
_“Defendants deduce that Crytek sues out of: wounded
pride resulting from Defendants’ move from CryEngine to Lumberyard; rapacity
toward the crowdfunding amounts raised by Defendants to develop and produce the
products; hope that filing this lawsuit will cause Defendants so much distraction and
legal expense that they would rather pay Crytek, a company that has experienced a
significant financial downturn in the last several years, a much-needed infusion of
capital to make the lawsuit go away; and resentment over the fact that many of its
employees abandoned Crytek which could not afford to pay them.”_
Whaaaa-HAHAHAHAHA
I thought this had to be goonie FUD when I saw it on discord. NOPE. pdf page 4.
CIG is writing these things for their moronic userbase to go “daaaaamn! sick burns yo!”
That Crytek opted to start the discovery ball rolling ahead of the judge’s MtD ruling, shows that they are confident that she will toss it in part or in whole.
This Crytek filing is also a sort of complaint/notice to the court that CIG are not only being abusive to the process, but are also stonewalling the process by raising the same ludicrous points they did in the previous filings - and indeed the MtD itself.
Stalling and stonewalling tactics during discovery, are classic. It’s one way of not only delaying the process, while racking up legal bills for the opposition, but also a way to frustrate the opposition.
can’t believe CIG used hodgepodge in an official document to the court
