Crytek / CIG Lawsuit

[Obsydian]

Crytek Sues Cloud Imperium Games and Roberst Space Industries over their use of CryEngine in both Star Citizen and Squadron 42

I haven't seen this mentioned here, so thought I'd post up a thread about the fact that a few weeks ago, Crytek filed a lawsuit against CIG for infringement of copyright and breach of contract.

It would seem that they are claiming:

• Unlicensed use of the engine due to CIG/RSI using it to create two games, when the Game Licence Agreement (GLA) restricts them to just the one game, Star Citizen.
• Breach of contract due to:
• Not showing the CryEngine logo as required by the GLA.
• Switching from CryEngine to Lumberyard, when the GLA requires CIG/RSI to use only the CryEngine.
• Not feeding back bug fixes and changes to the CryEngine to Crytek as required under the GLA.


• Breach of copyright due to showing snippets of CryEngine code during one of the Bug Smashers episodes.

They are seeking damages for loss of revenue, punitive damages for loss of reputation and calling for an injunction on any further development of the game!

They also appear to be trying to discredit Ortwin Freyermuth (CIG's lawyer), claiming that he and his firm were the lawyers used by Crytek in previous contracts, and thus CIG has inside knowledge of how Crytek works, and that he should have notified them of that and recused himself from the proceedings.  They also appear to be implying something underhand is going on by mentioning that Carl Jones (a signatory for Crytek on the GLA) used to work for Crytek but later left and is now working at CIG.

My original opinion of this was that Crytek is now breathing its last breath, and the owners are attempting to wring as much cash out of the company as they can before it finally goes under, and this is merely a cinical attempt at a cash grab, and they are probably expecting this to be settled out of court. But I guess we will have to wait and see...

[Obsydian]

A Detailed Analysis of the lawsuit filed by Crytek

The video linked below is by copyright lawyer, and backer of the game, Leonard French.

[video=youtube;7MzzuiQVTDw]https://www.youtube.com/watch?v=7MzzuiQVTDw[/video]

[Obsydian]

CIG File Motion to Dismiss the Crytek Lawsuit

This video, again by copyright lawyer Leonard French, goes through the Motion for Dismissal submitted by CIG:
[video=youtube;ti4R8JsJa9A]https://www.youtube.com/watch?v=ti4R8JsJa9A[/video]

From this, it would appear that Crytek have, indeed, been chancing their arm, and the popular opinion seems to be that the lawsuit will be thrown out of court.

Essentially, the reasons for dismissal break down like this:

• Crytek have been 'naughty' in that they have attempted to hide the Game Licence Agreement  (GLA) from the court by not including it in their filing (CIG have included it in their reply).
• RSI were not a party to the GLA contract, so should not be named on the lawsuit.
• The GLA specifically mentions that the CryEngine will to be used to develop BOTH Star Citizen AND Squadron 42.
• Crytek are corrupting the use of the term 'exclusively' to mean that CIG are required to use the CryEngine, when in fact, the proper meaning is that only Crytek can allow the use of CryEngine for the development of the game.
  
• As CIG are now using Lumberyard, they no longer have to display the CryEngine logo, nor feed back on bug fixes and enhancements made to the engine as they are no longer under contract.
• That Crytek cannot sue for both copyright infringement AND breach of contract at the same time.
• Crytek cannot sue for damages as the GLA specifically states that neither party can sue the other for any damages whatsoever.
• Crytek are making "immaterial, impertinent and scandalous" claims regarding Ortwin Freyermuth and Carl Jones without foundation.
• Ortwin Freyermuth's firm DID notify Crytek about his involvement and possible conflict of interest, and Crytek responded with a letter acknowledging the notification (again, not included in Crytek's original filing).
• As Crytek have not included the GLA with their filing (a document on which they are relying to prove their case) the law requires that the case be summarily dismissed.

We now have to await either Crytek's response to this, or the court's decision...

[TeaLeaf]

Thanks Ob, as expected tbh!