Author Topic: Star Citizen Media Musings  (Read 299897 times)

N0mad

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Re: Star Citizen Media Articles
« Reply #435 on: January 08, 2018, 12:55:55 AM »
Do bear in mind that this guy is
1) A Star Citizen supporter
2) Working on Youtube rather than actively in law - that immediately makes me suspicious

The fact remains that CIG is STILL using CryEngine - except now they've slapped the Lumberyard logo on it and claim that the GLA is null and void. That isn't going to work in court and I'm not sure Leonard French mentions this.

Motto

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Re: Star Citizen Media Articles
« Reply #436 on: January 08, 2018, 04:24:56 AM »
If you think that the response from CIG has any merit whatsoever, you clearly are unfit as a lawyer. Leonard French has made himself ridiculous with his second video.

Bubba

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Re: Star Citizen Media Articles
« Reply #437 on: January 08, 2018, 05:29:12 AM »
I have my view; he can have his. The fact that he is a supporter of SC and I am not doesn't affect the quality of argumentation, nor the fact that he has the spare time to make commentary (something a practicing lawyer probably wouldn't do for free). I only saw part of his commentary on the "two games" issue, and I have trouble seeing that. Again, my understanding is that the recitals are only called upon to resolve ambiguities in the body of the contract. There's no ambiguity in the body of the contract about how many games there are, and the recital can't even get the name of one of the games right.

As he pointed out on the initial complaint, it's a short one, aiming for a settlement. In the response to the FAC, CIG/RSI not only declared war, they also conceded several points of fact. So now CryTek gets to build on their concessions.

We'll see. Or maybe we won't. Either way, I'm not losing sleep over it.

StanTheMan

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Re: Star Citizen Media Articles
« Reply #438 on: January 08, 2018, 06:54:57 AM »
Yes.

However...assuming the case isn't thrown out because Skadden sued the wrong shell company, to my inexperienced eye..

the GLA specifically  forbids four of the five charges
the fifth depends on how the judge interprets "exclusively". Going with CIGs interpretation would create a hefty loophole in many a contract as many engine providers do like exclusivity to avoid diluting their technology.

I need to find time to watch that to see why he feels CIG is better placed.

and you still come back to the fact that lawyers are wrong all the time.

That is why many of them lose a case...the law is interpreted differently to what they (and/or their Clients) expected it to be.

In the UK both sides can hold out and go to trial but that is risky (costs, reputation etc) or they can settle.

A huge percent of cases are settled out of court because neither side has a sufficiently high enough probability (according to their respective analysis of the law) of winning.  The system is set up to reward early settlement and to discourage going to trial.  Which is a major reason why you take the personal vendetta, grievance, emotion etc out of a case quickly as those things tend to cloud judgement.  Lawyers will fight and talk big but more often hedge their bets and keep their gobs shut which ime puts you in an uncomfortable position if you think you are right and/or your lawyer seems ot be playing a different game.     They work much more on the probability of success rather than what is right and wrong, just or unjust...

I am sure it is similar in the USA.

It is unlikely that Skadden have gotten involved in this if they think the case has no merit so on that alone we probably have something to negotiate about thus presenting a cost, reputation etc risk for CIG.

I am sure French would concede that this can go to either way with what he has to go on, nevermind the fact he isn't party to all the evidence.

« Last Edit: January 08, 2018, 07:07:26 AM by StanTheMan »

jwh1701

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Re: Star Citizen Media Articles
« Reply #439 on: January 08, 2018, 07:55:06 AM »
Talk about celebrating a little to soon, SC Support already made celebration video for CIG winning.


jwh1701

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Re: Star Citizen Media Articles
« Reply #440 on: January 08, 2018, 08:05:41 AM »
Yes.

However...assuming the case isn't thrown out because Skadden sued the wrong shell company, to my inexperienced eye..

the GLA specifically  forbids four of the five charges
the fifth depends on how the judge interprets "exclusively". Going with CIGs interpretation would create a hefty loophole in many a contract as many engine providers do like exclusivity to avoid diluting their technology.

I need to find time to watch that to see why he feels CIG is better placed.


The one area that he really could not understand was near the end in the GLA it was I think it was 6.1.4 and it was the no damage clause. He stated repeatedly he had not seen this in a gla and why would it be put in with the money involved. 
« Last Edit: January 08, 2018, 08:08:00 AM by jwh1701 »

jwh1701

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Re: Star Citizen Media Articles
« Reply #441 on: January 08, 2018, 08:34:15 AM »
Bored Gamer gives us his new take on the lawsuit: Starts at 1:22 to 1:29
He and Leonard seem to be interpreting the exclusive meaning they had a right to use the engine but were not forced to. 
He states the GLA is a slam dunk for CIG.



N0mad

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Re: Star Citizen Media Articles
« Reply #442 on: January 08, 2018, 08:39:10 AM »
I can't wait to see the look on these guys faces when this case carries on.

dsmart

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Re: Star Citizen Media Articles
« Reply #443 on: January 08, 2018, 09:02:17 AM »
I can't wait to see the look on these guys faces when this case carries on.

Wait for the judge's ruling on the MtD coming on Feb 9th. That's going to be the deciding factor.
Star Citizen isn't a game. It's a TV show about a bunch of characters making a game. It's basically "This is Spinal Tap" - except people think the band is real.

jwh1701

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Re: Star Citizen Media Articles
« Reply #444 on: January 08, 2018, 09:54:44 AM »
Wait for the judge's ruling on the MtD coming on Feb 9th. That's going to be the deciding factor.

That's not to far off, one thing I have yet to find is anyone pro CIG sad about the wasted 2million dollars. That is little more than 30 percent of the squandered of the original 6mill goal. I do not want to see CIG totally ruined if this goes forward. I just want all the financials exposed and if they misused the money then hopefully all available legal action is taken against them.

DemonInvestor

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Re: Star Citizen Media Articles
« Reply #445 on: January 08, 2018, 01:46:47 PM »
I'm also reading the exclusivity clause as not meaning CIG has nessecarily to use said CryEngine. That doesn't render the whole contract void though.
That line alone isn't a defence against intellectual property infringement, nor having to pay certain fees - as they define what a relase means straight at the beginning.

Again i'm wondering about the RSI and CIG connection now.
A big company like Skadden normally shouldn't erroneously name a company to defend itself. I mean to unwashed masses like us the divide between CIG/RSI might be not pereceptible, but for a company that's working with original contracts... . Than again, and i might think to much in 4d Chess - a statement of RSI and CIG not being one and one not being part of a certain contract could come in pretty handy in certain cases. Especially when the defending site doesn't know you might want to make that a point.

dsmart

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Star Citizen isn't a game. It's a TV show about a bunch of characters making a game. It's basically "This is Spinal Tap" - except people think the band is real.

Kyrt

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Re: Star Citizen Media Articles
« Reply #447 on: January 08, 2018, 02:25:55 PM »
I'm also reading the exclusivity clause as not meaning CIG has nessecarily to use said CryEngine. That doesn't render the whole contract void though.
That line alone isn't a defence against intellectual property infringement, nor having to pay certain fees - as they define what a relase means straight at the beginning.

Again i'm wondering about the RSI and CIG connection now.
A big company like Skadden normally shouldn't erroneously name a company to defend itself. I mean to unwashed masses like us the divide between CIG/RSI might be not pereceptible, but for a company that's working with original contracts... . Than again, and i might think to much in 4d Chess - a statement of RSI and CIG not being one and one not being part of a certain contract could come in pretty handy in certain cases. Especially when the defending site doesn't know you might want to make that a point.

It's complicated because they appear to be 17 different yet related companies all working on the same project and involving the same people, but with each having a different responsibility and area of focus. Amongst other companies, they might be equivalent to departments or divisions butt his way, Chris gets to file separate tax returns and gains the ability to swap funds between them as well as insulating himself from any fallout that may accrue.

I could see CryTek suing the "wrong" company but at the same time, I don't see the point in trying to hide which company they should be suing unless CIG think CryTek won't refile.

dsmart

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Re: Star Citizen Media Articles
« Reply #448 on: January 08, 2018, 02:28:19 PM »
It's complicated because they appear to be 17 different yet related companies all working on the same project and involving the same people, but with each having a different responsibility and area of focus. Amongst other companies, they might be equivalent to departments or divisions butt his way, Chris gets to file separate tax returns and gains the ability to swap funds between them as well as insulating himself from any fallout that may accrue.

I could see CryTek suing the "wrong" company but at the same time, I don't see the point in trying to hide which company they should be suing unless CIG think CryTek won't refile.

The "wrong company" defense is bullshit, and a non-starter. If you read the GLA, it actually names any/all subsidiaries of CIG as being party to the GLA.
Star Citizen isn't a game. It's a TV show about a bunch of characters making a game. It's basically "This is Spinal Tap" - except people think the band is real.

jwh1701

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Re: Star Citizen Media Articles
« Reply #449 on: January 08, 2018, 04:06:12 PM »
Thank you Derek for clearing that up as the CIG fans are really making fun what they call incompetency on crytek's part of suing the wrong company. When reading through the document links that  you posted I noticed 16 listed companies. Is this normal for a game to have this many registered companies or is this another red flag? Since I'm unfamiliar with game development I have no idea what to think of this.

Document 21 Filed 01/05/18 Page 1 of 4 Page ID #:234
https://drive.google.com/drive/folders/1mPjfXrjAf9RUq3_5cJgd-hF-I5XoCQta

The "wrong company" defense is bullshit, and a non-starter. If you read the GLA, it actually names any/all subsidiaries of CIG as being party to the GLA.
« Last Edit: January 08, 2018, 04:13:03 PM by jwh1701 »

 

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