41. Upon information and belief, Defendants' false statements disparaging Plaintiff include, but are not limited to, the following:
•Folks that say [Descendent] scammed are WAY off base, we worked for nothing, this is a publisher [Little Orbit] holding it hostage trying to get the rights from us, which we have even offered but not for free;
•it is our belief that they [Little Orbit] can't afford the marketing or console publishing and have parked it;
•we had good progress then they [Little Orbit] breached and are trying to snag the IP we own;
•they [Little Orbit] didn't market the game, they didn't properly test it, they constantly asked for changes - they didn't understand the project or market -they were trying to get it into Walmart instead of focusing on digital - so many ways they breached.....and finally they were unable to pay. We had to hold their hands so often on small things - they commissioned a video - for marketing, it was so unassociated with the game we had to rewrite the storyline, and manage new shots just to make it tie in;
•Little Orbit wanting to go full Arcade in January, was typical, they were getting builds for months and then decided to PIVOT based upon the lack of sales for Overload - and that the name Descent did not mean anything in the industry anymore and that they would still need to spend on Marketing. The change indirection was typical of them, and they [Little Orbit] have a history of pulling stunts late to try to stiff devs [developers];
•Essentially they are trying to run us out of biz and take over the IP;
•we have offered to let them [Little Orbit] buy us out - they don't have the $$$,so consider that..if they can't even buy us out, how are they going to market, publish or finish the game? EXACTLY, they aren't.....so, here we are at an impasse - and those saying they fired us on Steam are way off base, you can'tFIRE the IP holder - they just stopped paying, and breached their obligations hoping we would fold and give them everything and then trust them to share;
•We are here because of their [Little Orbit] decisions. They wanted a SAAS model, they needed our assistance on console, even though we were onlycontracted originally for the PC, they lost a console partner and a 2nd console team, they asked for a new ui like 4 times, they offered to do said UI then leftit on us, they never tested properly, never marketed, and asked us to change to their completely new API in Decemberish;
•I mean as owner of the IP we wanted it as good as it could be and figured all of these changes they understood the impact to the schedule. Clearly they didnot, they would just yell at us and tell us to work 7 days a week. Then we researched their [Little Orbit] history and found a pattern of behavior as projects ran into trouble;
•Too many times I have seen publishers kill a game late, take it to market without the original devs, and pocket all the money......right is right - If someone [Little Orbit] doesn't honor a contract signed recently, why would anyone trust they would honor one in the future? Once you start digging into some people's past and find similar situations and talk to others that have dealt with folks it clarifies a lot;
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