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Cloud Imperium Fires Back at Crytek's Lawsuit, Seeks Case's Dismissal

Suzie Ford Updated: Posted:
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You may remember that in December 2017, Crytek filed a lawsuit against Roberts Space Industries and Cloud Imperium Gaming citing copyright infringement. In new documents filed in California, CIG has fired back and is seeking to have the case dismissed due to selective citations from the licensing agreement. In fact, the GLA says that the CryEngine can be used for "the game currently entitled Star Citizen & ... Squadron 42".

Another example provided compares Crytek's allegation on the use of the CryEngine to what the GLA specifically states. Crytek has claimed that CIG agreed to use CryEngine "exclusively". However, CIG maintains that it had leased the rights to use it, but not necessarily that it was an exclusive agreement for the entire game.

&The GLA further shows that CIG has an exclusive right, not a duty, to use the Engine in the Game. Through hiding the GLA, 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. Crytek’s tortured interpretation of the GLA would turn the GLA and well-established Ninth Circuit law about exclusivity on its head. CIG’s obligation to include copyright and trademark notices for Crytek necessarily applies only when CIG actually uses the Engine, which Crytek pleads CIG is not.

You can see all of the attendant documents here.

Check up on the conversation on the Star Citizen Reddit.

We'll keep you posted as the story develops.


Suzie Ford

Suzie is the former Associate Editor and News Manager at MMORPG.com. Follow her on Twitter @MMORPGMom