MonkeysInSpace
13-Dec-17 11:17 PM
@everyone its finally happening, Star Citizen is dead for sure, theres no real recovery from this https://www.scribd.com/document/367101474/Crytek-v-CIG
Federal breach of contract and copyright infringement lawsuit
Section 2.1.2 of the GLA contained a promise by Defendants to use CryEngine for the development of only one video game. During the negotiation of the terms of the GLA, Crytek made it clear that the game license would not cover anything more.
Crytek has not been compensated for Defendants' unlicensed use of Crytek technology in the Squadron 42 game, and has been substantially harmed by being deprived of that compensation, which would ordinarily include a substantial up-front payment as well as a substantial royalty on game sales.
"we don't call [the video game engine] CryEngine anymore, we call it Star Engine"
Shortly thereafter, Defendants removed Crytek trademarks and copyright notices from the Star Citizen video game and related marketing materials in breach of the GLA.
ection 2.1.2 of the GLA contained a critical promise from Defendants that they would not develop the Star Citizen video game using any other video game engines.
On December 23, 2016, Defendants announced that they were using the Amazon Lumberyard video game engine for Star Citizen. The GLA did not permit Defendants to use any other video game engine in Star Citizen except for CryEngine.
Lumberyard being a branch of CryEngine that Amazon purchased, full source and trademark rights, meant to be a total fork
Section 7.3 of the GLA contained a promise that Defendants would provide bug fixes and optimizations to CryEngine on at least an annual basis.
On November 16, 2015, Crytek requested long overdue bug fixes and optimizations from Defendants. Defendants did not make a good faith effort to provide Crytek with the promised bug fixes and optimizations to the CryEngine as a complete compilable version.
Sections 2.2.1, 2.2.2, and 2.6 of the GLA contained a promise by Defendants that they would keep the underlying technology for CryEngine (including computer source code) confidential and not share it with anyone else without first disclosing that third party and obtaining prior written approval.
On May 6, 2015, Defendants began posting a series of videos online titled "Bugsmashers." The videos contain excerpts of information from CryEngine that were confidential, in breach of the GLA, and should not have been shown to the public. The series continues today.
On August 26, 2017, news reports announced a partnership between Defendants and a third party developer, Faceware Technologies. Upon information and belief, as a result of the partnership, Faceware received access to the underlying technology for CryEngine (including computer source code). Defendants did not disclose this third party developer's involvement to Crytek, let alone obtain Crytek's prior written approval. This was entirely in breach of the GLA.
COUNT 1: BREACH OF CONTRACT
COUNT 2: COPYRIGHT INFRINGEMENT
Damages Sought:
$75000 in direct damages, + fees, etc
punitive damages
and
heres the kicker
entering a permanent injunction enjoining and restraining Defendants from continuing to possess or use the Copyrighted Work
(edited)
@everyone this is a complete clear cut case, Crytek will win, and the injunction will go forwards
that means all current Star Citizen assets and product are frozen