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1/26/12 1:42:27 AM#21
Originally posted by augustgrace Also may not look good that they waited so long to issue a challenge in the US courts, and its questionable what grounds they have for any US granted injunction considering that they can't get their own government to conclusively decide if Blue Hole has to shut down. We'll I'm pretty sure the courts of the US only have jurisdiction inside the US. And until recently there was no firm release set for the game in the US. Therefore NCSoft could not file a lawsuit against them in the US court system pretaining to these issues. I'm not trying to say either side is right or wrong in this case, just that the timing of the lawsuit isn't an issue here. |
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Note that the suit seeks temporary and permanent injunctions blocking the release of TERA in the U.S., as well as enhanced damages for Bluehole's alleged misconduct. Even if they don't win the permanent injunction initially (due to many factors that may come into play) they may still win a temporary injunction in the meantime, which may translate into months or even years of delaying the game's launch. Some things to take into consideration is that appeals of both the criminal and civil cases are currently pending before Korea's highest court. And obviously how Korean courts and American courts operate are quite different in how cases are handled.
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Complaint can be found here:
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1/26/12 2:00:01 AM#24
Some of it is grasping at straws, but there is some stuff there to consider. Sounds like they weren't able to get an injunction against the Korean version because it wasn't released yet, so the court couldn't rule on copy right issues within the game. Also the language in the lawsuit suggests that the appealed conviction isn't actually pending, but essentially stuck in limbo due to some Korean pendency mumbo jumbo. Same issue apparently prevents them from now filing a charge against the Korean version of the game.
Some of the more entertaining positions- Look at the race comparison chart; some of the comparisons are a bit of a stretch. They also present comments from testers saying that the game reminds them of Lineage, or is as fun as lineage, as evidence
Verdict- I think NcSoft has a long ways to go to set up their case. For one they'll need to present their Lineage 3 data and establish what was actually developed at the time information was allegedly stolen. I still think if they were more certain of their case, or actually intended to kill the game, that they would have acted sooner. Enough data was present from play tests at conventions and on their website to set up their case. This is simply a case of revenge and wanting a piece of the pie.
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sgel
 Apprentice Member
Joined: 7/11/08
I've got this creature on my back.. it just wont let go. |
1/26/12 2:07:19 AM#25
Originally posted by Zefire Heh.. so you're saying that NCSOFT is suing TERA because of THE GRAPHICS?... come on.. I think GW2 looks nicer actually... and I seriously doubt that TERA is any competition considering that GW2 is by miles a more complete game. I'd like to try both games for different reasons. And as for GW2 failing... dude.. it's allready been hyped into oblivion with not a single advertisment by NCSOFT.. just by players that have seen it/ played it..... though you mention that someone who played it said it would fail?... EVERYONE I've read who has played it has been positive.. I'd really like to see where you found this negative playtesting comment ;) "This creature softened my heart of stone. She died and with her died my last warm feelings for humanity." - Joseph Stalin |
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1/26/12 2:37:23 AM#26
Originally posted by Kraiser Um...that's exactly what he just said. "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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1/26/12 6:54:59 AM#27
Well, looks like EME shouldn't have taken so long, huh? lol TERA is just a doomed game. |
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1/26/12 6:59:26 AM#28
Originally posted by Sector13 Does seem to be about time to stick a fork in it (sad as that is). |
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Loktofeit
 Elite Member
Joined: 1/13/10
EVE in 2013 - DUST 514, CSM8, Fanfest, 10th Anniversary, Uprising, Odyssey. Gonna be a good year :) |
1/26/12 7:09:35 AM#29
Originally posted by Toxia It's not like NCSoft hasn't been pursuing this for five years already. filmoret: One thing I have never figured out is why the game devs hardly ever fix simple problems that arise. It is like they don't care about the pvp community. Nitth: What makes you so sure its a simple fix? filmoret: Because most of them are. Sometimes its just changing a number in a code string other times its creating a few variables. However none of them should take over a few hours of coding. |
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1/26/12 7:16:12 AM#30
This will delay TERA for a long while as slow as courts are here or it will force Bluehole into bankruptcy from all the legal fees they are going to have to pay out. Bluehole is in the wrong here and it should be interesting to see how this plays out. |
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1/26/12 7:18:37 AM#31
Originally posted by Kraiser I think that was his point buddy... "The problem with quotes from the Internet is that it's almost impossible to validate their authenticity." - Abraham Lincoln |
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1/26/12 7:22:06 AM#32
ncsoft doesn't have a leg to stand on, nothing in tera resembles lineage lore..the races are completely different and seeing as ncsoft never released anything about lineage 3 it will be hard for them to prove bluehole took copyrighted material. |
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1/26/12 7:23:58 AM#33
Originally posted by nerovipus32 they won on korea against bhs Im not defending NCsoft as it only supports ArenaNet, but things are looking grim for Tera "Some of the less objective people tend to be close-minded though and basically disregard any possible shortcomings that gw2 could have." |
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1/26/12 7:24:10 AM#34
Originally posted by nerovipus32 According to the article, they already proved it in the South Korean court system (for whatever that is worth). Just because they didn't release anything publicly about L3 doesn't mean it doesn't exist. I want a mmorpg where people have gone through misery, have gone through school stuff and actually have had sex even. -sagil |
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1/26/12 7:27:37 AM#35
Originally posted by dinams They didn't win tera still released in korea..ncsoft took the money. |
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1/26/12 7:51:59 AM#36
Originally posted by nerovipus32 From the article: "The former employees were convicted in Korea of stealing trade secrets from NCsoft in 2009, and the convictions were mostly upheld by an appellate court, according to the complaint.
The SK lower court didn't issue an injunction to halt the game, just that they couldn't use any more STOLEN SECRETS going forward. The case is still slogging through the appelate process there. I want a mmorpg where people have gone through misery, have gone through school stuff and actually have had sex even. -sagil |
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1/26/12 7:56:07 AM#37
Originally posted by nerovipus32 Until it is overturned in the appeals process then yes NCSoft won both in criminal and civil court. But then I forget this is a generation who thinks theft is fine i,e downloading and pirating. so I suppose this outlook is standard. |
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1/26/12 7:58:07 AM#38
NCSoft just lost a fanboy. Boo.  |
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1/26/12 8:10:00 AM#39
"(...)deal a crippling blow to their former employer!" What does the legal representative from NcSoft mean with this? I dont understand. Were the former employees planning to launch themselfs Lineage 3, or just an similar mmorpg with artwork, game design blah blah taken from L3? If so, this art and design and blah blah that were put into Tera came from L3 project? Im lost...
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1/26/12 8:16:38 AM#40
Originally posted by Clerigo To win a suit like this they would have to prove the alleged "theft" would create a finacial burden for the company, while overdramatized they're just saying this product would directly compete with whatever property it was stolen from. |
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