Instead, Skadden, no doubt acting on new info, filed an amendment, thus giving them an additional 14 days to Jan 17th.
1) their generous sprinkling of "intentionally" in key parts of the complaint.
This wasn't removed, but changed. As I mentioned in my prior thread, this is probably due to their being a waiver of sorts.
However, legally, such a waiver (if you have actually seen some, like I have) doesn't actually RESOLVE a conflict of interest issue if one does arise down the road.
Ortwin would have needed to respond to it in the complaint, thus also giving their attorney a card to play if they decide to file a motion to dismiss the case.
Because Ortwin, being an entertainment attorney who negotiated the GLA for BOTH parties, would have had a CLEAR KNOWLEDGE & UNDERSTANDING of the GLA, and that ANY breaches of same, could be regarded as WILLFUL INTENT to breach it.
This is why my opinion is that Skadden using this new language in the amendment, isn't happenstance. They know where they're going with it.
As I said yesterday, I have NO doubt in my mind that there is going to be a Bar complaint arising from this at some point.
Sure, he's been gone awhile, but he knows the SERIOUS implications of IP infringement
Which brings us back to Ortwin who WOULD & SHOULD know, either way.
Or it could be that they have evidence that the GLA allowed them to develop more than one title, that they could switch engines etc.
As I did back on Dec 13th with this pre-filing thread, I was hoping to chime in on RSI/CIG choice of attorney.
Frankfurt Kurnit Klein + Selz
No offense to them, I have to say RSI/CIG hiring them instead of Cooley LLP who Ortwin was threatening The Escapist, to go up against Skadden, tells me all I need to know.
It's going to be hilarious to see them try that, given the allegations.
1) develop more than 1 title
2) change engines
And if they had that, they would have filed it by now.
Back in 2015, Amazon paid Crytek a rumored $50-70M for CryEngine.
This allowed AMZ to build AND license their own derivative engine, which later became known as Lumberyard.
Imagine if AMZ didn't have the rights to build a new engine, let alone license it AND provide the source code to licensees. They would be sued by Crytek.
AMZ paid big bugs to do that.
Which also explains why there is NO amount in the complaint. They're going for the MAX.
Here's the thing: RSI/CIG simply does NOT have the kind of money nor assets to settle.
Crytek aren't dumb enough to believe that any long term settlement is a good deal, when all signs point to the project collapsing anyway.
I remember when we were following the Silicon Knights v Epic Games drama. Remember how that ended?
Go compare Epic's claims in that lawsuit.