^^ Watched that a couple of hours ago, amazing how in all that bluster, the long list of failings & breaches claimed, its all utter rubbish and there in black & white within the license agreement.
I certainly wouldnt have had the motivation to read the documents and fully appreciate them, but the way he takes you through the document, adding small comments along the way, and skipping the legal precedents and similar jargon, to give a straight forward message, its very easy to follow and understand.
For those not interested in going through it for 1h, basically the response from CIG is as follows:
'License agreement only covered Star Citizen, not Squadron 42'
From the GLA (Game License Agreement), which Crytek opted not to include as part of their lawsuit
https://drive.google.com/file/d/1ej9fqb9BBf8mbd-rhPIiNRK3Rbs5M31o/view under p.2 (page 7, following court documentation)
Licensee desires to use, and Crytek desires to grant the license to use, the "CryEngine" for the game currently entitled "Space Citizen" and its related space fighter game "Squadron 42," together hereafter the "Game", persuant to the terms and conditions of this Agreement
I dont think this needs explaining. 'Space Citizen' may well have been its WIP title back in 2012, however as a note, the contract also clearly defines the roles of the 2 elements as a single player campaign and a persistent universe.
'Exclusively use CryEngine'
Also from the GLA document above, page 3+.
The 'Exclusive' factor is defined under the 'Grant of License' section, outlining the terms CIG are granted for the use of the CryEngine. In the section for the restrictions imposed on its use, there is no such statement of exclusive right. Basically the clause is saying CIG are the only ones legally approved to use this license, not that they're legally obligated to use it.
'Conflict of interest with Ortwin as an ex-Crytek lawyer, when working for CIG and involved in the GLA contract'
Crytek signed a waiver, as required, stating they had no issue. Its an incredibly serious allegation too, and it seems they were notified by CIGs lawyers, and refused to remove the claim in both the following amendments sent to the court.
'Failure to include CryEngine copyright notices (logos)'
CIG included copyright notices whilst using the CryEngine, and removed them when they werent. Crytek essentially point this out in their initial claim.
'Failing to supply bug reports' and
'disclosing CryEngine source code'
CIG dont seem to have specifically denied these claims, however its most likely because...
'Seeking damages'
This is the big one, how much Crytek would receive because CIG failed to meet contractual obligations (assuming these points are true).
GLA page 11 (p17 of document)
6.1.4 INDEMNIFICATION DISCLAIMER. EXCEPT FOR INTENTIONAL ACTS OR OMISSIONS OR GROSS NEGLIGENT ACTS, IN NO EVENT SHALL EITHER PARTY HERETO BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE , DATA OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE RELEVANT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRYTEKS MAXIMUM AGGREGATE LIABILITY TO LICENSEE IN CONNECTION WITH OR IN ANY MANNER RELATED TO THIS AGREEMENT (WHETHER IN AN ACTION IN CONTRACT OR TORT [INCLUDING NEGLIGENCE, EXCEPT GROSS NEGLIGENCE] OR OTHERWISE) WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY OR ON BEHALF OF LICENSEE TO CRYTEK UNDER THIS AGREEMENT. THE FOREGOING ALLOCATION OF RISK IS REFLECTED IN THE AMOUNT OF THE COMPENSATION CONTEMPLATED UNDER THIS AGREEMENT.
Essential, this says Crytek has no right to seek damages under any realistic circumstance, and the only payment they would be entitled to, is the full amount outlined for the purchase of the contract, which is also outlined with costs from page 8 (p13/14 of doc) if anyones interested.
From what i can understand, CIGs payment obligations for the buy-out of the license, ended with a final payment before July 2016. Then there are other optional payments for additional Crytek support (€100k/yr) and if CIG release modding tools (€150k).
As mentioned by the copywrite lawyer in the video, this waiving of damages is quite bizarre, but... there it is, in black & white, with everyones signature.
So returning to the failure to report bugs and disclosing CryEngine source code (during Bugsmashers episodes) could be true and CIG are in breech of contract, but the contract says Crytek arent entitled to damages.
Its all very bizarre, what exactly was Cryteks motive, are they being instructed by morons, and lawyers happy to bill some hours for a frivolous lawsuit? It seems incredibly unlikely that they have an ace up their sleeve that wasnt used, because judging the initial complaint it has zero merit and will be dismissed, which almost certainly puts an end to any further attempts to re-argue it later on.
CIGs initial statement was that it was garbage, they'll fight the charges and seek damages of their own. They've made some pretty serious false allegations, misled the court, and dragged CIGs name through the mud. Its also pointed out by CIG that Crytek have brought RSI into the proceedings, despite the fact that RSI didnt exist when the contract was agreed, and have no relevance at all to it.
Crytek have 15 days to respond, and presumably it'll go back & forth this way if need be, until a judge determines the claim has merit and should proceed or is baseless and will be dismissed.
Note: I've manually typed the quotes from the court submitted papers, as they're essentially images not documents, so mis-spellings are my doing. The bulletpoints for the complaints are in my words. There may be other aspects ive missed, but the net sum of all of this is that it seems Crytek wouldnt be entitled to seek damages for the breachs they're claiming either way.