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News & Features Discussion  » TERA: NCSoft US Lawsuit - Delay of Game?

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63 posts found
  SBFord

Associate Editor - News Manager

Joined: 6/28/10
Posts: 13471

 
OP  1/26/12 7:13:22 AM#1

On January 9th, a lawsuit was filed in New York Federal Court by NCSoft alleging that TERA Korean developer, BlueHole Studios, and US publisher, En Masse Entertainment, "makes use of NCsoft's trade secrets, including documents, source code, artwork and know-how related to the development on Lineage 3, and copyrighted works, including concept art created for Lineage 3."

While this is a new legal proceeding in the US, similar cases have been adjudicated in Korea between NCSoft and BlueHole Studios resulting in both criminal and civil convictions against BHS. Both decsions have, however, had portions overturned and remain in appeals courts in Korea.

Whether or not the complaint will have an impact on TERA's North American release date of May 1st remains unknown though the conventional wisdom says that NCS will file some sort of injunction against publication of TERA on May 1st.

En Masse's community manager, Evan Berman, had this to say on the official NA TERA forums:

Evening, folks. We're aware of this. It's our policy not to comment on legal matters.

We'll keep you posted as the story develops. In the meantime, read the legal documents on the New York Federal Court docket.

Source: MMORPG.com forum and MMOCulture.com.

Associate Editor: MMORPG.com
Follow me on Twitter: @MMORPGMom

  fony

Apprentice Member

Joined: 9/14/10
Posts: 799

1/26/12 7:17:42 AM#2

saw this coming, no way a US court will allow this game to come out. they were just waiting for a release date so they could strike.

  kantseeme

Apprentice Member

Joined: 2/07/09
Posts: 739

1/26/12 7:19:13 AM#3

When it rains it pours i guess.

  dinams

Novice Member

Joined: 6/17/10
Posts: 1403

1/26/12 7:21:49 AM#4

I really dont know what to say of this

NCsoft has a fame of sueing everyone and their mother, but it is its hand feeding GW2 so I prefer to stay neutral

"It has potential"
-Second most used phrase on existence
"It sucks"
-Most used phrase on existence

  77lolmac77

Apprentice Member

Joined: 11/14/11
Posts: 498

1/26/12 7:23:55 AM#5
Originally posted by fony

saw this coming, no way a US court will allow this game to come out. they were just waiting for a release date so they could strike.

how do you figure?

  thamighty213

Apprentice Member

Joined: 9/17/06
Posts: 1648

1/26/12 7:42:13 AM#6

Originally posted by dinams

I really dont know what to say of this


NCsoft has a fame of sueing everyone and their mother, but it is its hand feeding GW2 so I prefer to stay neutral



 


This is probably fair on NC's behalf though,   a number of people involved in this project are rotten to the core and where involved in the theft of of the L3 source code/assets.


Years of development stolen attempted to market to a unamed japanese company then when no bite Bluehole set up,  Korean courts already ruled in NCSofts favour twice in fact extending sentances (suspended) and fines for blueholes owners.


That settled the issue in the east and I am not surprised to see NCSoft pursueing the same fines/compensation in the western market,  if somebody had stole my work I would do the same based on territory it was being offered in.


  Loke666

Elite Member

Joined: 10/29/07
Posts: 16715

1/26/12 7:47:34 AM#7

  fony

Apprentice Member

Joined: 9/14/10
Posts: 799

1/26/12 7:47:59 AM#8

They were found guilty of the crime in Korea, but their copyright laws somehow allowed TERA to continue to be made over there. that will not be happening on the other side of the world though.

  dinams

Novice Member

Joined: 6/17/10
Posts: 1403

1/26/12 7:49:11 AM#9
Originally posted by Loke666

Thank you for making me laugh

"It has potential"
-Second most used phrase on existence
"It sucks"
-Most used phrase on existence

  lizardbones

Elite Member

Joined: 6/11/08
Posts: 10636

I think with my heart and move with my head.-Kongos

1/26/12 7:53:05 AM#10


Originally posted by thamighty213

Originally posted by dinams I really dont know what to say of this NCsoft has a fame of sueing everyone and their mother, but it is its hand feeding GW2 so I prefer to stay neutral  
This is probably fair on NC's behalf though,   a number of people involved in this project are rotten to the core and where involved in the theft of of the L3 source code/assets.Years of development stolen attempted to market to a unamed japanese company then when no bite Bluehole set up,  Korean courts already ruled in NCSofts favour twice in fact extending sentances (suspended) and fines for blueholes owners.That settled the issue in the east and I am not surprised to see NCSoft pursueing the same fines/compensation in the western market,  if somebody had stole my work I would do the same based on territory it was being offered in.



I wonder if this is part of the reason that Tera isn't doing so well in Korea. Not the lawsuit, but using code and resources from Lineage 3 and shoehorning it into another game.

If BHS did take code and other resources from NCSoft, they should be sued. The game's release should be held up. BHS should not profit from work that NCSoft owns. Beyond that, people shouldn't pay for a game that is sub par because the work from shoddy from the get go.

For every large, complex problem, there is a simple, clear solution that also happens to be absolutely wrong.

  parrotpholk

Apprentice Member

Joined: 1/20/05
Posts: 3317

1/26/12 7:58:15 AM#11

Good for NCSoft.  Someone should not be able to profit off your work and something you financially backed for so long.

  saky

Novice Member

Joined: 8/04/11
Posts: 4

1/26/12 8:04:51 AM#12

I think we shouldn't voice our opinion on this matter, the code was indeed stolen but probably the thief are the same people as those who worked on the code.


It's possible that they just think the code is their own since the worked on it.


  Vhaln

Novice Member

Joined: 7/07/05
Posts: 3167

1/26/12 8:20:45 AM#13

 

Getting a bad feeling about this game.  Wouldn't surprise me at this point, if after all this, it releases, only to turn out to be all hype and no subtance.  I mean, when you see issues like this with a game, how often is it the work of otherwise brilliant creative developers?

When I want a single-player story, I'll play a single-player game. When I play an MMO, I want a massively multiplayer world.

  WhiteLantern

Novice Member

Joined: 1/27/10
Posts: 2779

1/26/12 8:23:53 AM#14
Originally posted by saky

I think we shouldn't voice our opinion on this matter, the code was indeed stolen but probably the thief are the same people as those who worked on the code.


It's possible that they just think the code is their own since the worked on it.

Anyone who works for a corporation knows this is not true. Anything you do/create on company time is the property of that company and you will have signed paperwork saying as much.

I want a mmorpg where people have gone through misery, have gone through school stuff and actually have had sex even. -sagil

  thamighty213

Apprentice Member

Joined: 9/17/06
Posts: 1648

1/26/12 8:27:01 AM#15

Originally posted by saky

I think we shouldn't voice our opinion on this matter, the code was indeed stolen but probably the thief are the same people as those who worked on the code.




It's possible that they just think the code is their own since the worked on it.





 


Game dev are not that dumb,  I assure you every single contract in this industry explicitty states that anything you work on whilst with the company is the company's property.


 


I work in the industry on the support CM side of things,  I wrote lots of training manuals in respect of PC hardware and techcnial issues for a large company, I later resigned from this company but for my own records and future employment,  I asked this company in writing for copies of these as I had lost the originals in format.


The company refused me even though it was my work and I could easily reproduce it because by right it was that companies property.


  saky

Novice Member

Joined: 8/04/11
Posts: 4

1/26/12 8:30:37 AM#16



Originally posted by WhiteLantern






Originally posted by saky





I think we shouldn't voice our opinion on this matter, the code was indeed stolen but probably the thief are the same people as those who worked on the code.








It's possible that they just think the code is their own since the worked on it.





Anyone who works for a corporation knows this is not true. Anything you do/create on company time is the property of that company and you will have signed paperwork saying as much.







 




Yes I know that (working for a corporation myself) but what I mean is that maybe their implication in the work was so strong they didn't want to leave to ncsoft.




At least in korea the judge tought it was ok to let them release their game (although they had to pay a huge fine)





 

  Stopflow

Apprentice Member

Joined: 1/26/12
Posts: 9

1/26/12 8:31:01 AM#17
Originally posted by parrotpholk

Good for NCSoft.  Someone should not be able to profit off your work and something you financially backed for so long.

While typically by law this is true, something has to be said for the "little man". I have no facts here, but speaking hypothetically, say the individual(s) who stole this "code" actually wrote that code as well as any and all other assests "stolen"? Now consider these indvidual(s) were "let go" due to creative difference, or left due to it. Who's actual "work" is it?

This type of law to me on an artistic level is questionable. Be it music, art, film, gaming, etc... Many artists are basically robbed, there is just a lot wrong with that to me. This issue comes up all the time, sometimes artists win sometimes the stooges do, either way I think it's time this law was better defined as well as had more forms of compensation for the artist(s) themselves.

 

  Vhaln

Novice Member

Joined: 7/07/05
Posts: 3167

1/26/12 9:20:08 AM#18

Reading more, I do find myself wondering.. did they steal actual code, or is it more that they're using some similar concepts?  Like the action combat - can NCSoft really claim copyright of that, in concept alone?

When I want a single-player story, I'll play a single-player game. When I play an MMO, I want a massively multiplayer world.

  Ingvar

Advanced Member

Joined: 5/17/04
Posts: 180

1/26/12 10:02:15 AM#19

hahahah, this game is so bad that it will never be released...


 


  WhiteLantern

Novice Member

Joined: 1/27/10
Posts: 2779

1/26/12 10:07:49 AM#20
Originally posted by Stopflow
Originally posted by parrotpholk

Good for NCSoft.  Someone should not be able to profit off your work and something you financially backed for so long.

While typically by law this is true, something has to be said for the "little man". I have no facts here, but speaking hypothetically, say the individual(s) who stole this "code" actually wrote that code as well as any and all other assests "stolen"? Now consider these indvidual(s) were "let go" due to creative difference, or left due to it. Who's actual "work" is it?

This type of law to me on an artistic level is questionable. Be it music, art, film, gaming, etc... Many artists are basically robbed, there is just a lot wrong with that to me. This issue comes up all the time, sometimes artists win sometimes the stooges do, either way I think it's time this law was better defined as well as had more forms of compensation for the artist(s) themselves.

 

The information belongs to NCSoft because they hired and paid the programmers to come up with it.

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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