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Crytek Filing Lawsuit Against CIG

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  • TalonsinTalonsin Member EpicPosts: 3,619
    Durzax said:



    @Talonsin,

    You have receipts to prove that.  
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN


    "Sean (Murray) saying MP will be in the game is not remotely close to evidence that at the point of purchase people thought there was MP in the game."  - SEANMCAD

  • ErillionErillion Member EpicPosts: 10,328
    Talonsin said:
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN



    Keep in mind that one of CIGs founders IS a lawyer.

    He was even CryTeks contract lawyer ;-)


    Have fun
  • TalonsinTalonsin Member EpicPosts: 3,619
    Erillion said:
    Talonsin said:
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN



    Keep in mind that one of CIGs founders IS a lawyer.

    He was even CryTeks contract lawyer ;-)


    Have fun
    Keep in mind he owns a significant portion of the company and he didnt get to where he is by working for free

    TTFN
    "Sean (Murray) saying MP will be in the game is not remotely close to evidence that at the point of purchase people thought there was MP in the game."  - SEANMCAD

  • gervaise1gervaise1 Member EpicPosts: 6,919
    edited March 2018
    <snip>

    I remember reading that CIG had offered something but Crytek felt the way it was presented was completey useless to them and asked for it to be made available in a way that was useful, then they heard nothing again regarding code until after the suit started whereupon CIG responded rather petulantly about it.

    <snip>
    Yes. Unless the mechanism is baked into the contract though I think Crytek will find it hard to be picky, assumptions on how things will be provided count for nothing. (One company I worked for learnt that the hard way.)

    CiG's way ahead when it comes to any discovery - should that come to pass etc. - may revolve around LY. I would imagine a comparison tool should be able to do a good job of comparing current SC code to LY. So it would then be a case of proving the provenance of the rest of the software.

    Edit: I would be surprised if they weren't using Configuration Control software to track version changes etc. and if its one of the "proprietary ones" then the ability to do comparisons will be one of the standard features.)
    Post edited by gervaise1 on
  • gervaise1gervaise1 Member EpicPosts: 6,919
    frostymug said:
    Erillion said:




    You might be right on what they're really after, but what if... I know this is crazy, but work with me... what if, CIG is trying to stay discovery because they currently use code that might still have CryEngine code in it and some people may have claimed to have noticed such and possibly even pointed it out<snip>
    Maybe. If there were references to Crytek though maybe those references were in Lumberyard. They must have been in LY on day 1 afterall. And - maybe - that is perfectly in line with the contract between Amazon and Crytek. Or maybe Amazon agreed a period of time for removing them etc.

    Remember CiG's position is that SC code:

    was: Crytek fork  + CiG produced code
    now: LY               + CiG produced code
    i.e.    Crytek fork + Amazon produced code + CiG produced code.

    The Crytek fork that CiG were using and the fork that Amazon took being the same.
  • MaxBaconMaxBacon Member LegendaryPosts: 7,846
    edited March 2018
    gervaise1 said:
    Or maybe Amazon agreed a period of time for removing them etc.

    Remember CiG's position is that SC code:

    was: Crytek fork  + CiG produced code
    now: LY               + CiG produced code
    i.e.    Crytek fork + Amazon produced code + CiG produced code.

    The Crytek fork that CiG were using and the fork that Amazon took being the same.
    This is the thing.

    Every BYTE of code that CIG still uses of CryEngine is legally owned by Amazon, even the CE code that was not publicly released in the initial LY release. So indeed no idea if there was/is a transition period or any other agreement, but end of the day would be 2 different companies with legal ownership of the exact same code CIG uses.
    rpmcmurphy
  • SpottyGekkoSpottyGekko Member EpicPosts: 6,916
    gervaise1 said:
    frostymug said:
    Erillion said:




    You might be right on what they're really after, but what if... I know this is crazy, but work with me... what if, CIG is trying to stay discovery because they currently use code that might still have CryEngine code in it and some people may have claimed to have noticed such and possibly even pointed it out<snip>
    Maybe. If there were references to Crytek though maybe those references were in Lumberyard. They must have been in LY on day 1 afterall. And - maybe - that is perfectly in line with the contract between Amazon and Crytek. Or maybe Amazon agreed a period of time for removing them etc.

    Remember CiG's position is that SC code:

    was: Crytek fork  + CiG produced code
    now: LY               + CiG produced code
    i.e.    Crytek fork + Amazon produced code + CiG produced code.

    The Crytek fork that CiG were using and the fork that Amazon took being the same.
    Sounds like a forking mess to me, lol
  • DurzaxDurzax Member UncommonPosts: 87
    Talonsin said:
    Durzax said:



    @Talonsin,

    You have receipts to prove that.  
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN


    100% conjecture that the crowdfunding money is being used. 
    Unless you have accounting documents that show expenses line by line with all of the correlating CIG bank account receipts differentiated from Chris Roberts personal bank account transactional occurrences.
    However, you may freely continue to populate the land of extreme delusion all you like.
  • SpottyGekkoSpottyGekko Member EpicPosts: 6,916
    Durzax said:
    Talonsin said:
    Durzax said:



    @Talonsin,

    You have receipts to prove that.  
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN


    100% conjecture that the crowdfunding money is being used. 
    Unless you have accounting documents that show expenses line by line with all of the correlating CIG bank account receipts differentiated from Chris Roberts personal bank account transactional occurrences.
    However, you may freely continue to populate the land of extreme delusion all you like.
    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
  • LinifLinif Member UncommonPosts: 340
    Durzax said:
    Talonsin said:
    Durzax said:



    @Talonsin,

    You have receipts to prove that.  
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN


    100% conjecture that the crowdfunding money is being used. 
    Unless you have accounting documents that show expenses line by line with all of the correlating CIG bank account receipts differentiated from Chris Roberts personal bank account transactional occurrences.
    However, you may freely continue to populate the land of extreme delusion all you like.
    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    I wonder if that's why they're looking for the financials. To prove that backer money is going towards legal fees etc.

    Would there be a legal issue there if that was discovered?
  • gervaise1gervaise1 Member EpicPosts: 6,919
    Durzax said:
    Talonsin said:
    Durzax said:



    @Talonsin,

    You have receipts to prove that.  
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN


    100% conjecture that the crowdfunding money is being used. 
    Unless you have accounting documents that show expenses line by line with all of the correlating CIG bank account receipts differentiated from Chris Roberts personal bank account transactional occurrences.
    However, you may freely continue to populate the land of extreme delusion all you like.
    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    You are correct that legal fees are part and parcel of development. And if this is being handled by in-house CiG lawyers then its just part of the day job so to speak. And - relatively speaking - not that big a part either. Legal cases take time but a lot of that is waiting for decisions; quick is not a word usually associated with legal matters.

    Now if external lawyers have been retained maybe crowdsourced money is being used - or maybe its a no win - no fee arrangement. In which case no crowdsourced money would be used.
  • SpottyGekkoSpottyGekko Member EpicPosts: 6,916
    Linif said:
    Durzax said:
    Talonsin said:
    Durzax said:



    @Talonsin,

    You have receipts to prove that.  
    @Durzax

    No, you are absolutely correct that lawyers work for free and since CIG is a company funded almost entirely of backer money, there is no way backer money could be used to pay the lawyers defending against this lawsuit.  Thank you for being objective and basing your comments on reality.  I look forward to more of your informed posting.

    TTFN


    100% conjecture that the crowdfunding money is being used. 
    Unless you have accounting documents that show expenses line by line with all of the correlating CIG bank account receipts differentiated from Chris Roberts personal bank account transactional occurrences.
    However, you may freely continue to populate the land of extreme delusion all you like.
    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    I wonder if that's why they're looking for the financials. To prove that backer money is going towards legal fees etc.

    Would there be a legal issue there if that was discovered?
    Not in the slightest, lol

    Are there really people out there that believe crowdsourced funds must ONLY be used to pay developer salaries ? The mind boggles...
    SovrathAsm0deusKyleran
  • Octagon7711Octagon7711 Member LegendaryPosts: 9,004
    Durzax said:
    Vrika said:

    No. You modify the engine so that it suits your game, but that isn't counted as creating your own engine. ""The old engine is still there, and what you have is only new modified version of that old engine.""
    Crytek are fishing,  as Vrika, pointed out here (emphasis added), the base is already Cryengine and will always be Cryengine.

    Crytek are saying, Hey let us look through every line of code so we can distinguish what CIG changed to what was there so we can prove that CIG infringed on our copyright.

    Does not work that way. You have the proof before hand or not at all.


    @Talonsin,

    You have receipts to prove that.  
    No, actually.  You don't need the proof before hand or not at all.  You need enough evidence to make a judge believe it's warranted to look at the other items you're requesting in discovery to get at the truth of the matter.

    If the judge doesn't feel the evidence already presented warrants further exploration, that's where the motion to dismiss comes in.
    Yeah, I think they call it probable cause. 

    "We all do the best we can based on life experience, point of view, and our ability to believe in ourselves." - Naropa      "We don't see things as they are, we see them as we are."  SR Covey

  • DurzaxDurzax Member UncommonPosts: 87
    edited March 2018

    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    True, the crowdfunded money can be used for any business expenses needed.
    That does NOT translate into CIG and Chris Roberts  ARE using those funds that way, thus where conjecture comes in.
    CIG has business bank accounts.
    Chris Roberts has personal bank accounts.
    A good business man or woman would never let these mix.
  • VrikaVrika Member LegendaryPosts: 7,989
    edited March 2018
    Durzax said:

    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    True, the crowdfunded money can be used for any business expenses needed.
    That does NOT translate into CIG and Chris Roberts  ARE using those funds that way, thus where conjecture comes in.
    CIG has business bank accounts.
    Chris Roberts has personal bank accounts.
    A good business man or woman would never let these mix.
    CIG and Chris Roberts have different bank accounts, like you said.

    If CIG were to give any money to Chris Roberts, that would be taxed either
     a) as income from Chris Robert's work, or
     b) as profit from the company
    Whereas if Chris Roberts invests more of his own money into CIG then there aren't any taxes.

    That's why we can be sure that CIG is paying those lawyer's fees, not Chris Roberts. No company owner ever uses his personal money to pay for the company's expenses unless it's in order to do something illegal.


    EDIT: This post applies only to some company types. There are other types (for very small businesses) where the owner's and the company's money don't need to be separate /EDIT
     
  • ScotchUpScotchUp Member UncommonPosts: 228
    If the judge doesn't seal the discovery we will finally get to see how much they have spent on the games. Plus how much is left, how much is backers, how much from other deals they made. This is finally going to get fun.
    Babuinix
    “The reason I talk to myself is because I’m the only one whose answers I accept.”
    George Carlin
  • SpottyGekkoSpottyGekko Member EpicPosts: 6,916
    ScotchUp said:
    If the judge doesn't seal the discovery we will finally get to see how much they have spent on the games. Plus how much is left, how much is backers, how much from other deals they made. This is finally going to get fun.
    Crytek's only justification for requesting financial information would be to determine the size of their damages claim, i.e. they want to know how much they can reasonably ask for.

    An audited Profit and Loss statement is quite adequate in that regard, unless Crytek want to challenge the integrity of whichever accounting firm does CIG's audits. Details of operating expenditure are outside the scope of this case, so I doubt there'll be much of the "fun" you're hoping for, lol
  • KefoKefo Member EpicPosts: 4,229
    Durzax said:

    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    True, the crowdfunded money can be used for any business expenses needed.
    That does NOT translate into CIG and Chris Roberts  ARE using those funds that way, thus where conjecture comes in.
    CIG has business bank accounts.
    Chris Roberts has personal bank accounts.
    A good business man or woman would never let these mix.
    Well CR isn’t a good business man in my opinion lol
    ZandogBabuinix
  • TalulaRoseTalulaRose Member RarePosts: 1,247
    Of course the money given is going to cover these legal costs. Whether anyone agrees with it or not.

    And it also means money spent on legal costs wont go to developing the game, so expect more and more sales at some point. 
    ZandogBabuinix
  • Turrican187Turrican187 Member UncommonPosts: 787
    Zandog said:
    Kefo said:
    Durzax said:

    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    True, the crowdfunded money can be used for any business expenses needed.
    That does NOT translate into CIG and Chris Roberts  ARE using those funds that way, thus where conjecture comes in.
    CIG has business bank accounts.
    Chris Roberts has personal bank accounts.
    A good business man or woman would never let these mix.
    Well CR isn’t a good business man in my opinion lol
    Well good thing your opinion doesn't matter now does it? I know you don't have the intelligence to be able to raise $200 let alone $200,000,000. Good or bad, the man has shown the imagination and initiative to make money.
    So has Ron Hubbard.
    BabuinixcraftseekerKeforpmcmurphyKyleran

    When you have cake, it is not the cake that creates the most magnificent of experiences, but it is the emotions attached to it.
    The cake is a lie.

  • OrinoriOrinori Member RarePosts: 751
    all the jelly babies still trying to fling as much poop at CR as they can huh?

    zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzZZZZZZZZZZZZZZZZzzzzzzzz
    Babuinixrpmcmurphy
  • KefoKefo Member EpicPosts: 4,229
    Zandog said:
    Kefo said:
    Durzax said:

    There is no conjecture required, crowdsourced money WILL be used to pay every penny of this legal battle, just as it is used to cover any other expense.

    That's what the funding is for, it covers the cost of development, which includes the operating costs of the company by default. CIG has no other sources of income AFAIK.
    True, the crowdfunded money can be used for any business expenses needed.
    That does NOT translate into CIG and Chris Roberts  ARE using those funds that way, thus where conjecture comes in.
    CIG has business bank accounts.
    Chris Roberts has personal bank accounts.
    A good business man or woman would never let these mix.
    Well CR isn’t a good business man in my opinion lol
    Well good thing your opinion doesn't matter now does it? I know you don't have the intelligence to be able to raise $200 let alone $200,000,000. Good or bad, the man has shown the imagination and initiative to make money.
    Personal attacks aside did I strike a nerve with you? Did I shake the core of your belief that CR can do no harm with my opinion? You seem awfully angry for me stating my opinion.

    And not that it matters but yeah I have raised over 200, well above that actually and recently to help habitat for humanity
    craftseeker
  • ScotchUpScotchUp Member UncommonPosts: 228
    ScotchUp said:
    If the judge doesn't seal the discovery we will finally get to see how much they have spent on the games. Plus how much is left, how much is backers, how much from other deals they made. This is finally going to get fun.
    Crytek's only justification for requesting financial information would be to determine the size of their damages claim, i.e. they want to know how much they can reasonably ask for.

    An audited Profit and Loss statement is quite adequate in that regard, unless Crytek want to challenge the integrity of whichever accounting firm does CIG's audits. Details of operating expenditure are outside the scope of this case, so I doubt there'll be much of the "fun" you're hoping for, lol
    I agree but we can always pray, it would be so much fun.
    “The reason I talk to myself is because I’m the only one whose answers I accept.”
    George Carlin
  • Tiamat64Tiamat64 Member RarePosts: 1,545
    ScotchUp said:
    ScotchUp said:
    If the judge doesn't seal the discovery we will finally get to see how much they have spent on the games. Plus how much is left, how much is backers, how much from other deals they made. This is finally going to get fun.
    Crytek's only justification for requesting financial information would be to determine the size of their damages claim, i.e. they want to know how much they can reasonably ask for.

    An audited Profit and Loss statement is quite adequate in that regard, unless Crytek want to challenge the integrity of whichever accounting firm does CIG's audits. Details of operating expenditure are outside the scope of this case, so I doubt there'll be much of the "fun" you're hoping for, lol
    I agree but we can always pray, it would be so much fun.
    Well, there could be a need to look for Unjust Enrichment.  After all, there has to be some protections against a private company giving all of its money to its owner or relations to the owner as executive pay (or an even more subtle method) in an attempt to protect that money from litigation.
    ScotchUp
  • gervaise1gervaise1 Member EpicPosts: 6,919
    ScotchUp said:
    ScotchUp said:
    <snip>
    Crytek's only justification for requesting financial information would be to determine the size of their damages claim, i.e. they want to know how much they can reasonably ask for.

    An audited Profit and Loss statement is quite adequate in that regard, unless Crytek want to challenge the integrity of whichever accounting firm does CIG's audits. Details of operating expenditure are outside the scope of this case, so I doubt there'll be much of the "fun" you're hoping for, lol
    I agree but we can always pray, it would be so much fun.
    I see a teeny, tiny problem with the idea of a P&L statement.

    SC has not launched; SC has not made any profit; it has been said that all crowdfunding raised will be spent on the game; it has been said by many that CiG hasn't enough money so would that be a loss? in which case Crytek's % formula would probably indicate that CiG have overpaid! Oh no.

    Now future sales might generate a profit.

    As it stands today though the "company" may very well be set up as a not-for-profit - akin to them saying all kickstarter funds will be used on the game. Easy enough to set up a new subsidiary later to handle any "for profit" sales. Which would be the "smart" thing to do.

    Either way SC is a development project. And a P&L statement on any developmet is something like:  Profit = 0; Money spent = Loss; anything under the sun that might generate a tax credit / off-set. That is the nature of development. They are financial blackholes.
    [Deleted User]Babuinix
This discussion has been closed.