The argument continues between Crytek and Cloud Imperium Games.
The German company filed a lawsuit against the Star Citizen developers because they think there is a breach of contract as well as copyright infringement over the CryEngine. However, Cloud Imperium (shortened to CIG from now on!) responds why they request to cancel the case – the document was found by GamesIndustry.
CIG states that their claims are baseless, adding that Crytek „sacrifices legal sufficiency for loud publicity.” Crytek attacked CIG because they claim the contract for CryEngine was for Star Citizen only, not for Squadron 42 as well – CryEngine’s creator considers that as an entirely separate game. However, CIG revealed a copy of the contract, which shows that their agreement with Crytek was for Star Citizen and a „related space fighter game.” (Interestingly, the game is not called Star Citizen but Space Citizen… hm. Weird.)
The agreement reveals that Crytek granted CIG a global license to „exclusively embed CryEngine in the game,” to which the developer responds that their interpretation of the word „exclusive” is „tortured.” „Crytek contorts the word ‘exclusively’ to argue that the word means that CIG somehow is required to use the Engine in the game. The plain language of the GLA where the grant of rights to CIG appears, plus the well established concept of an exclusive license, instead establish that the word ‘exclusively’ simply means that CIG’s right to use the Engine in the game is exclusive to CIG and Crytek may not give that right to anyone else,” CIG says.
Part of Crytek‘s anger is due to CIG switching engines in 2016: from CryEngine, they moved to Amazon’s Lumberyard (which is a fork of CryEngine by Amazon). CIG says that Crytek makes „immaterial, impertinent, scandalous (and false) allegations” regarding Ortwin Freyermuth. He formerly worked for Crytek before moving to CIG, and his former employer thinks his departure is an unsolved conflict. CIG has written permission by Crytek to allow him to be part of the negotiations.
Crytek wants direct damages of around $75,000, as well as „indirect damages, consequential damages (including lost profits), special damages, costs, fees, and expenses incurred by reason of Defendants’ breach of contract and copyright infringement,” plus profits based on the breach of contract and copyright infringement… and punitive damages. They also want „permanent injunction” against Cloud Imperium Games to prevent them from using any of Crytek‘s copyrighted work.
This case will not end well.
Source: GamesIndustry
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