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 Cloud Imperium responds to Crytek lawsuit - briefly
(hx) 02:20 PM EST - Jan,07 2018
This pdf apparently represents Cloud Imperium Games' response to the report a couple weeks ago that Crytek was suing them over terms of their agreement to use CryENGINE for Star Citizen.
Refutation of CryTek's Claims
  • Claim: CIG was only given permission to make "the game" with CryEngine, selling SQ42 standalone is in violation of this.
    Defense: The GLA defines "the game" as both "'Space Citizen' and its related space fighter game 'Squadron 42'", with a passage allowing for name changes (Space Citizen > Star Citizen).
    Additionally, this term does not apply to any games made without CryEngine, and CryEngine is no longer used.
  • Claim: CIG violated the GLA by switching from CryEngine to Lumberyard, they are only allowed to "exclusively" use CryEngine.
    Defense: The GLA says they are given "exclusive rights to use CryEngine" and the right "to exclusively embed CryEngine in the game". The established legal meaning of this wording is that the right is given only to them (and those subcontracted within the terms), not that they are only allowed to use CryEngine.
  • Claim: CIG is no longer displaying CryTek copyright notices in game, in violation of the GLA.
    Defense: This obligation only applies if CIG is using CryEngine, which they are not.
  • Claim: Ortwin was employed by CryTek prior to becoming CIG's attorney and co-founder so he had a conflict of interest when negotiating the contract.
    Defense: Ortwin received a signed waiver from CryTek dismissing any conflict of interest.
  • Claim: Confidential source code was shown on Bugsmashers and disclosed to FaceWare in violation of the GLA.
    Defense: No defense provided, though FaceWare was after the switch to Lumberyard.
  • Claim: CIG was required to provide any bugfixes they developed for CryEngine up until launch.
    Defense: No defense provided.
Given all the official statements by CIG to date, I am afraid it could be reasonably easy to establish intent in the split of SQ42 from the only one game allowed in the license, and that CryEngine was used in it. I think it could be also reasonably easy to establish intent in the breach of engine exclusivity given all the rational given by CIG for the switch to Lumberyard etc.

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