Thread by @dsmart

(thread) On Tue, Dec 12, 2017, shocking the Star Citizen backers, Crytek, the developers of the game's tech, and the creators of the visual effects used in the campaign that led its smashing success, sued both RSI (the parent company) and CIG for a litany of things.

Though I was aware of the background activities going on, and which I had hinted at in my blogs and social media, I couldn't say much about it. For one thing, I had NO reason to believe that RSI/CIG were dumb enough to get to the point whereby they would be sued - by anyone.

If you haven't been following my commentary on the lawsuit, as well as the hilarious responses from RSI/CIG, you can find them in a mega-thread at the link below.

dereksmart.com/forum/index.ph…

The resulting hilarity, as with everything now associated with the complete and utter FAILURE that is Star Citizen, has been an epic case of how disjointed, delusional, and unhinged us "gamers" can be.

Most Star Citizen backers became lawyers, literally overnight.

Of course it didn't help that "celebrity" lawyers on YT were quick to jump on the Star Citizen hype bandwagon because of course they got the memo that the project was now primary backed by a bunch of absolute nut jobs with too much disposal income, and very little common sense.

These "lawyers", right out of the gate, after trading brain cells for subs, right out the gate not only decried (because you know, defending your IP and a contract is a very bad thing) the lawsuit, but also immediately ruled in favor of RSI/CIG

Because that makes sense, you see.

The ludicrousness reached a frenzy when RSI/CIG, filed their first response which read more like a PR infused reputation campaign battle cry, than a response to a very destructive and damaging lawsuit.

They didn't stop there either.

Not only have the Star Citizen Defense Force been actively attacking Crytek, like they do the media, me (the bogeyman they see as destroying their dreams), but they've also reached impressive new heights in their campaign to shout down any/all dissent against the project.

All this time, the fact that the game is literally DEAD (don't take my word for it, go look), has been written off as the biggest videogame failure in history (at 7 yrs + $176m, it has no peers), is completely lost.

So this Crytek lawsuit, to them, is just another assault.

On Jan 26th, RSI/CIG filed what is the last response that the court would read before Judge Dolly M. Gee rules on the motion to dismiss.

Like the ones before it, this was an absolute and astonishing mess.

I mean seriously, read it.

scribd.com/document/37010…

In comparison to the Crytek filing they were responding to do, I can't see how any person - even without a law degree - could even take it seriously.

Here, read the Crytek filing and be the judge.

docdroid.net/v7yQ0LL/respon…

My opinion is that, the whole "No, you!" defense aside, RSI/CIG are either not taking it seriously, or they are using it as a precursor and excuse to hasten the final collapse of the project, while using the lawsuit as the scapegoat.

Nothing else makes any sense to me - yet.

For those of you who have followed the storied career of Chris Roberts, you already know that since being kicked out by Microsoft over a decade ago, EVERY SINGLE VENTURE HE HAS EVER BEEN INVOLVED IN - HAS FAILED.

dereksmart.com/forum/index.ph…

Which came as no surprise to most of us in the biz who heard the whispers of publishers, distributors, and investors turning him down when he went looking for funding for his new game, as far back as 2009 (!)

In fact, as I wrote in the thread below, back in 2010, through yet another defunct company, Blink Media, he was already looking around for a team and an engine to build his new space game (not Star Citizen)

threadreaderapp.com/thread/9536910…

That was how Crytek ended in the picture. Though I had in fact written about their involvement in my 2015 blog, it wasn't until this lawsuit that it was confirmed - on the record - that THEY in fact created ALL the tech demos which Christ Roberts was peddling in 2011 as his own.

If you read these two original blogs, you will see precisely what I wrote there and then, back in 2015.

dereksmart.com/2015/07/inters…

dereksmart.org/2015/07/inters…

There's nothing wrong with using 3rd parties to work on a project, but the fact is that Crytek - not once - shared the limelight, nor made ANY effort to associate themselves with the runaway success that was the crowd-funding. Heck, it even ended up in Guinness world records!

The lawsuit allegations are crystal clear as to why Crytek took this stance.

They traded an engine license discount, in exchange for promotion of their game engine, CryEngine.

And this was during a time when the UE-Unity-CryEngine 3-way engine horse race was in full swing.

It would have been easy for Crytek to step out in front, and with a simple statement - backed up by guys like Sean Tracy (ex-Crytek now at CIG) - lay claim to their amazing work which Chris Roberts was promoting as the "game" created by his own "team" since 2011.

But they didn't

It is now 100% FACT that when Chris Roberts made statements during BAFTA, GDC, to the media, including Wired, Forbes, Venture Beat, Polygon, PC Gamer etc, statements like the one below in which he claimed dev started in 2011, he was BLATANTLY LYING.

web.archive.org/web/2017032004…

It is also now 100% FACT that every single video shown prior to the debut of the game's first module, the hangar, was a tech demo posing as part of the game. Which explains why NONE of that crap is ANYWHERE in the game - 7 years later.

That's the makings of a SCAM.

This FACT was also proven beyond the shadow of a doubt when in 2016 they showcased a game build featuring "The Worm", and which I took one look at and stated that it was just another tech demo.

Following my blog, as the questions piled up, they decide to come clean & admit it.

I remember when I was relaying well-sourced info about how that presentation came to be, why it was all just a show to MISLEAD backers about the true state of the project - and getting attacked over it.

They did it again with the much hyped 3.0 which they announced during that same period and which sources said simply DID NOT EXIST.

I wrote about it. They denied it. I got attacked.

Over 1 yr later they released 3.0 in 12/2017 and it clearly showed that the project was DOOMED

This is the same 3.0 that Chris Roberts and his leads went on the record as saying was in full swing, almost ready to roll, and which was coming out in Dec 2016.

Then in April 2017 when the 1st 3.0 schedule appeared, it looked NOTHING like what they had pitched.

Amid the outcry and backer revolts (and refunds), they recently released yet another 3.0 schedule which, you guessed it, looks NOTHING like the one before it.

All of these tricks are designed to mislead backers into continuing to give them money indefinitely.

That's a SCAM.

It doesn't matter whether or not it's publisher or investor money, once you engage in deceptive practices in an effort to extract money from ANYONE, that's fraud.

And it has nothing to do with them "trying to make a game". Every scammer in history was "trying to do something"

With that rather long preamble done, let me explain why I believe that on Feb 9th, Judge Dolly M. Gee is going to set in motion what I believe will be the final END of the Star Citizen project.

But first, let's talk about the judge, who I have done extensive research on.

The nature of a motion to dismiss is very simple. It has the potential to END a case before it gets anywhere. And in some cases, based on the pleadings, a denied MtD is so destructive that it leaves very little room for the basis of re-filing another case under the same premise.

When RSI/CIG filed their MtD pleading on Jan 5th, 2018, it was clear to anyone with adequate reading & comprehension skills, and even a fleeting knowledge of the law, that it stood a snowball in hell chance of being granted.

Amid all that, very few even bothered to look up the case history of the judge who was going to be reading the pleadings and ruling on the MtD.

Meet the Honorable Judge Dolly M. Gee.

She's a Democratic force of nature.

en.wikipedia.org/wiki/Dolly_M._…

Let me tell you about the judge.

Judge Gee has ruled on literally every single type of hot topic case you could think of.

Ranging from politically charged ones to advertising and IP related ones. And in every single one of her rulings, it was safe to say the other side "didn't see it coming"

Last year, Judge Gee ruled against the Trump govt, ordering them to return an illegally deported Iranian, back to the US.

washingtonpost.com/news/post-poli…

In 2015, Judge Gee ruled in favor of Dish in a much observed trial over ad skipping on broadcast networks. It was a landmark decision that seemingly underscored the very simple thing we now take for granted.

pcworld.com/article/287301…

In 2015, she ruled against the Obama administration when she ordered the release of immigrant children and their parents who were held in US custody without a trial.

nytimes.com/2015/07/26/us/…

If you thought this was all something new, then get this, back in 2013, in a huge win for our constitution and civil liberties, the judge ruled that even disabled immigrants were entitled to legal representation - as long as they were on US soil.

bloomberg.com/news/articles/…

Though it was under reported (those PETA lunatics were probably on vacation) at the time, judge Gee has even ruled in favor of the animal kingdom in a decision protecting a zone for Otters which the U.S. Fish and Wildlife Service sought to remove.

seaotters.org/nootterzone/

And just last month, the judge ruled in favor of AirBnb against a lawsuit filed by a rental company that accused the company of encouraging people to breach their leases. Because you know, that's how that works.

realtybiznews.com/airbnb-wins-le…

And that's just the tip of the iceberg.

If you really have time, read through the questionnaire for her senate confirmation hearing.

judiciary.senate.gov/imo/media/doc/…

Yes, judge Gee is a very competent, capable, and knowledgeable judge who has ruled quite reasonably on a wide range & variety of cases.

This is who RSI/CIG are planning on arguing with regarding the meaning of "exclusive", what constitutes "intent"....

...as well as whether or not a "feature" CLEARLY listed in a definition of a product, means two, and not one game.

It's enough that the Crytek claims are strong enough to survive a MtD, but according to RSI/CIG, the case shouldn't even have been filed. Because reasons.

Come tomorrow Feb 9th, my prediction is that her ruling on that MtD is going to be akin to her shredding it, pouring it into a blender of potent hubris, and feeding it to the lawyers for RSI/CIG - through a straw.

The eventual failure of the MtD is going to send the case to discovery, which is when the real fun begins.

It doesn't matter if it settles or not, or goes to trial.

What matters is that Star Citizen is DEAD, and that people are likely to end up in jail over it.

What comes next for Star Citizen, and which I will write more about as it starts to unfold publicly, is a LOT worse than a lawsuit over money, ego and IP.

Remember, I warned you all. This was the result :

dereksmart.org/2015/08/star-c…

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