The back and forth between Crytek and CIG over Star Citizen continues as the latest documents have been filed by CIG. This is CIG’s response to Crytek’s documents from last week stating that the case should not be dismissed by the court.
This week its CIG who come out fighting picking apart many of Crytek’s claims with choice notes such as these:
“By repeatedly attempting to justify getting waved through Rule 12 by arguing phantom allegations, by proffering absurd interpretations of now-revealed plain contract language, by asserting ever-shifting claims for copyright infringement without identifying the allegedly infringing works, and by seeking remedies that are palpably improper under black letter law (e.g., punitive damages for breach of contract and statutory damages for pre-registration infringement), the opposition demonstrates that both efforts at pleading in this case have been an unmanageable, incoherent mess unworthy of proceeding beyond the pleading stage and all of the attendant time and expense thereafter.”
“Defendants’ opening memorandum demonstrated that, in addition to the fundamental damages problem, three of the breaches alleged by Crytek (switching engines, not crediting Crytek and using the Engine in Squadron 42) fail under the plain language of the omitted but now incorporated GLA and 2016 Press Release. In response,Crytek concedes that the Court may consider these documents, but tries to overcome their dispositive impact by raising a litany of arguments (many absent from the FAC), hoping that one of them sticks. None of them do.”
“If the Court allows the claim to proceed, Defendants will demonstrate that CIG tendered delivery of the bug fixes more than two years ago, but that tender was ignored and then forgotten by Crytek. CIG satisfied any remaining obligation under Section 7.3 of the GLA by delivering an updated version of the bug fixes on January 23, 2018, a delivery that CIG planned to make before Crytek jumped the gun and sued. It is also false. If the Court allows the claim to proceed, Defendants will show that theydid not provide Faceware with access to Crytek’s source code“
As you can see from these snippets of the much larger document, CIG has is not taking this case lying down as they attempt to dismantle Crytek’s claims which is exactly what Crytek was trying to do to CIG last week.
The situation is starting to come to a head and it won’t be long before the court decides whether this should go to trial or be dismissed. If you enjoy reading these Star Citizen case documents, this latest response from Crytek can be found here.
Whatever happens, it looks like 9 February is the date when we’ll find out what’s going to happen in this now very public Star Citizen legal case.