Now the fun begins. We'll see if Crytek starts discovery or goes for the injunction first.
I don't see how they can even settle this, when they don't even have the money to do so. They're on the hook for MILLIONS.
2.4 makes the 2.1.2 claim immaterial in its entirety, and thus a BIGGER problem for CIG because they DID switch.
It's hilarious, really.
I can't even stop laughing.
The judge is basically telling CIG "Look, here's your REAL problem"
BOTH of what the judge granted, are relegated to Red Herrings
Who remembers this thread where I covered this exclusive issue back in Jan?
Nope, I haven't stopped laughing.
"Hey guys! GUYS!! This here is your REAL problem - and YOU put it in the public domain. It's not even in dispute"
2.1.2 allowed them to use any other engine; not just CryEngine
2.4 prevented them from doing so for the term + yrs
Since the GLA is in full effect, they are in material breach of 2.4, and 2.1.2 is immaterial. LOL!
This is what I said back then. And it's EXACTLY the judge's ruling.
Yes, CIG/RSI are so screwed, I haven't even started contemplating on that yet.
Yes. Really. Not making this up.
Copyright and trademark infringement damages are the single most destructive things in ANY corporate lawsuit.
Even if they had succeeded in getting ALL the other items dismissed, this is THE one that throws them off a cliff.
It's like being up on charges for murder & burglary; but only the latter gets dismissed.
CryTek can file this - at any time.
And then we're back to even more fireworks.
She left NO room for ambiguity.
She's basically saying to CIG "Pucker up because we already KNOW SQ42 exists"
So CIG can't hand-wave it away by writing a $100 instead of $1M check
Before I dive into that, let me find the links of what I said, in order to provide context. It's beautiful.
It puts Ortwin squarely in the case, and makes him a material PART of it. Not just the corporate entity. CryTek are no doubt going to go for it.
As an attorney, accused of acting in BAD FAITH for FINANCIAL GAIN this is disbarment territory right there.
And the judge helpfully pointed this out to them in her notes.
They're still on the hook for monetary damages, statutory damages AND injunctive relief.
Interpretation: They're f-cked.
This was a HUGE bet by Crytek, and it paid off in spades.
It doesn't matter if the engine was free or not. Only the EXISTING license agreement prevails.
Thing is, had they not gotten GREEDY and PUBLICLY split SQ42 into a separate product, they wouldn't be on the hook for a DAMAGING infringement suit.
They have basically DESTROYED the company with this because they simply cannot afford for this to go to trial.
That's what it will come to.
With this MtD now out of the way, things are going to start moving really fast now.
And they don't have the money to settle, unless they sell the co.
That's what I would do.
We're going to wake up one day and find that Crytek owns EVERY asset of CIG/RSI entities.
If you thought this was far-fetched 8 months ago, this MtD ruling should help you rethink that position.
And given Ortwin's expose in this lawsuit, he's now at huge risk.
Now we wait to see Crytek's next move. I'm sure it's going to be hilariously good.
You can follow my tracking here: