It's been a long road to completion for En Masse Entertainment and its upcoming TERA MMO. If NCsoft has its way in court, it might be even longer. MMO Culture reports that NCsoft filed a lawsuit earlier this month stating that a group of its employees quit the company and went on to found Bluehole Studio (TERA's original Korean developer). In doing so, the former employees allegedly stole "copious amounts of confidential and proprietary NCsoft information, computer software, hardware, and artwork relating to Lineage 3" and used it to produce TERA.
The employees were convicted of stealing trade secrets by a Korean court in 2009, and the convictions were "mostly upheld by an appellate court." NCsoft filed a Korean civil complaint against Bluehole in 2010 and won damages and an injunction, both of which were subsequently overturned by an appellate court.
Despite the fact that both criminal and civil litigation is still pending, Bluehole launched the Korean version of TERA in early 2011. En Masse (Bluehole's American subsidiary) is scheduled to launch the U.S. version in May of 2012.
Reader Comments (112)
Posted: Jan 26th 2012 12:02AM dragonandante said
Huh? Where did this May 2012 launch date come from?
Posted: Jan 26th 2012 12:15AM (Unverified) said
@dragonandante
http://massively.joystiq.com/2012/01/17/tera-launching-may-1st-in-north-america/
Why, right there!
Reply
http://massively.joystiq.com/2012/01/17/tera-launching-may-1st-in-north-america/
Why, right there!
Posted: Jan 26th 2012 12:11AM Verus said
Guess this is the next fallout debacle..
Posted: Jan 26th 2012 12:17AM Kawaii Five0 said
Seeing how copyright infringement has become a focal point of interest for the US government, I could very easily see a judge ruling that EME would have to wait until the completion of the pending civil and criminal appeals, at the very least.
Of course, I'm no law student so I can only make uneducated speculation. In light of that, I'm curious to see what EME has to say in response to this. Some reassurance would be nice.
Of course, I'm no law student so I can only make uneducated speculation. In light of that, I'm curious to see what EME has to say in response to this. Some reassurance would be nice.
Posted: Jan 26th 2012 12:22AM (Unverified) said
Isn't there a timeline for crap like this? A statute of limitations? I mean, the game has been out in korea almost a full year already and they just NOW decide to sue before they release in the US? Low blow NCSoft.
Posted: Jan 26th 2012 12:33AM yeppers said
@(Unverified)
Well... as Jef mentioned, "Despite the fact that both criminal and civil litigation is still pending, Bluehole launched the Korean version of TERA in early 2011" They launched in Korea knowing it all might be for naught if they lose the lawsuits.
If the lawsuit is justified and the employees really stole proprietary information, hopefully NC Soft shuts them down. Stealing is bad... especially if they stole someone's artistic creation.
Reply
Well... as Jef mentioned, "Despite the fact that both criminal and civil litigation is still pending, Bluehole launched the Korean version of TERA in early 2011" They launched in Korea knowing it all might be for naught if they lose the lawsuits.
If the lawsuit is justified and the employees really stole proprietary information, hopefully NC Soft shuts them down. Stealing is bad... especially if they stole someone's artistic creation.
Posted: Jan 26th 2012 1:12AM Chzsandwich said
NC Soft didn't have a cause of action in the US until Bluehole officially announced TERA's release in the States. So this is actually quite prompt.
According to the complaint, NC Soft is looking to permanently enjoin the launch of TERA in the United States.
Complaint available: http://tsi.brooklaw.edu/sites/tsi.brooklaw.edu/files/filings/ncsoft-corporation-et-al-v-bluehole-studio-inc-et-al/20120109ncsoft-corporation-et-al-v-bluehole-studio-inc-et-alcomplaint.pdf
Reply
According to the complaint, NC Soft is looking to permanently enjoin the launch of TERA in the United States.
Complaint available: http://tsi.brooklaw.edu/sites/tsi.brooklaw.edu/files/filings/ncsoft-corporation-et-al-v-bluehole-studio-inc-et-al/20120109ncsoft-corporation-et-al-v-bluehole-studio-inc-et-alcomplaint.pdf
Posted: Jan 26th 2012 5:51AM Allenomura said
@Chzsandwich great post, thank you for putting up a link to the complaint itself.
I'm sure I heard this as hearsay before, although it went along the lines that Aion was built from what there was of L3...That's VERY bad though, and I'd assume prosecutable, if the TERA company, formed of ex-NCS people, took things they held no ownership/rights to, and made TERA from it! :o
Reply
I'm sure I heard this as hearsay before, although it went along the lines that Aion was built from what there was of L3...That's VERY bad though, and I'd assume prosecutable, if the TERA company, formed of ex-NCS people, took things they held no ownership/rights to, and made TERA from it! :o
Posted: Jan 27th 2012 8:51AM kalipou134 said
@Chzsandwich
lol, yet another reason to hate NCsoft, as if Aion wasn't enough.
Reply
lol, yet another reason to hate NCsoft, as if Aion wasn't enough.
Posted: Jan 27th 2012 8:54PM Chzsandwich said
@kalipou134
Its right to feel that gamers are the big losers in all this, but I have to defend NCsoft because (at least from their perspective) Lineage 3 would be the game being released (or at least in a position to be released) if not for the actions of their former employees who founded Bluehole.
Some people may not like the idea that NCsoft is (in my opinion) probably going to stop TERA from being released, but the protections that trade secret and intellectual property law provide are part of what makes the creation of these wonderful, expensive worlds possible.
Reply
Its right to feel that gamers are the big losers in all this, but I have to defend NCsoft because (at least from their perspective) Lineage 3 would be the game being released (or at least in a position to be released) if not for the actions of their former employees who founded Bluehole.
Some people may not like the idea that NCsoft is (in my opinion) probably going to stop TERA from being released, but the protections that trade secret and intellectual property law provide are part of what makes the creation of these wonderful, expensive worlds possible.
Posted: Jan 26th 2012 12:27AM NeverDeath said
Sure hope this is dismissed (again) so we can play the damn game on time.
Posted: Jan 26th 2012 12:35AM Kawaii Five0 said
@NeverDeath
It never was 'dismissed'. Bluehole Studios was convicted for the charges against them. I believe some of the people involved even did jail time in addition to paying a hefty fine for damages.
Part of the damages that were awarded as a result of that conviction (barring the game from even being released) was overturned in an appellate court. From the article, I'm inferring that there are still appeals pending regarding the appellate court's decision. The fact that those appeals are still pending are likely the foundation of NCsoft's lawsuit in the US.
Reply
It never was 'dismissed'. Bluehole Studios was convicted for the charges against them. I believe some of the people involved even did jail time in addition to paying a hefty fine for damages.
Part of the damages that were awarded as a result of that conviction (barring the game from even being released) was overturned in an appellate court. From the article, I'm inferring that there are still appeals pending regarding the appellate court's decision. The fact that those appeals are still pending are likely the foundation of NCsoft's lawsuit in the US.
Posted: Jan 26th 2012 12:51AM NeverDeath said
@Kawaii Five0
Considering they posted an official may 1st release date, makes you wonder how much is really going to be enforced, or if they know something you don't know. They're obviously still here and since have posted an official NA release date, so I guess at this point, we shall see. I only said I hoped it releases on time, as far as its being dismissed, I only go by what I hear, which was definitely not that people had gone to jail.
Reply
Considering they posted an official may 1st release date, makes you wonder how much is really going to be enforced, or if they know something you don't know. They're obviously still here and since have posted an official NA release date, so I guess at this point, we shall see. I only said I hoped it releases on time, as far as its being dismissed, I only go by what I hear, which was definitely not that people had gone to jail.
Posted: Jan 26th 2012 1:02AM Kawaii Five0 said
@NeverDeath
"On Jan. 28, the civil department of the Seoul Central District Court rendered a verdict and required the 4 involved defendants including Mr. Park to compensate NCsoft by 2 billion Wons. Meanwhile, the defendants were also ordered not to disclose NCsoft's business secrets to any others, but clear up all related data in hand."
http://news.mmosite.com/content/2009-12-29/lineage3_code_stolen_issue_ends_tera_to_be_released_as_planned.shtml
You can find several more sources other than mmosite with a simple goodle search.
Reply
"On Jan. 28, the civil department of the Seoul Central District Court rendered a verdict and required the 4 involved defendants including Mr. Park to compensate NCsoft by 2 billion Wons. Meanwhile, the defendants were also ordered not to disclose NCsoft's business secrets to any others, but clear up all related data in hand."
http://news.mmosite.com/content/2009-12-29/lineage3_code_stolen_issue_ends_tera_to_be_released_as_planned.shtml
You can find several more sources other than mmosite with a simple goodle search.
Posted: Jan 26th 2012 1:04AM Kawaii Five0 said
@Kawaii Five0
Oops. Quoted the wrong part: "This is the civil ruling, following the criminal one in which the core developers of Bluehole Studio were found guilty (on Jun. 26, 2009, the Seoul Central District Court sentenced the former development director of Lineage 3 - Mr. Park to a fixed-term imprisonment of one and a half years with a 2-year suspension of execution for malfeasance and disclosure of business secrets)."
Reply
Oops. Quoted the wrong part: "This is the civil ruling, following the criminal one in which the core developers of Bluehole Studio were found guilty (on Jun. 26, 2009, the Seoul Central District Court sentenced the former development director of Lineage 3 - Mr. Park to a fixed-term imprisonment of one and a half years with a 2-year suspension of execution for malfeasance and disclosure of business secrets)."
Posted: Jan 26th 2012 12:39AM edgecrusherO0 said
QUICK! Someone from our company is working for another company, THEY MUST HAVE STOLEN ALL OF OUR IDEAS!
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