Quote: Nerelith on 04/27/2012, 12:56 AM - view

Funny. If you read item 15, they are quoting a law that is viable in the state of New York. Yet, neither company claims to have operational entities in that state.

FAIL!!!!!

I mean who are they gonna beat up here? the people who live in New York that want to play TERA?

Buahaha - Get Real.

They both sell their products in NY. How is that a fail? They probably could have filed this brief anywhere to be honest.

As for if NCsoft will actually file a real injunction against EME instead of just seeking one (as they now are), I can't say.

Looking at the docket NCsoft filed against EME the second half of section numbered 56 caught my eye.

“The court did not, however, consider or rule on whether the defendants had incorporated the stolen trade secrets in an actual video game, because Bluehole had not yet released TERA (or any product) at the time of the judgment. For the same reason NCsoft was not in any position to assert and the court had no opportunity to consider, any claim of infringement of NCsoft copyrights.”

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

Keep in mind I am no law scholar, but perhaps you can’t file a real injunction against a company for a product that does not official exist yet?

Perhaps NCsoft is waiting for the final ruling on their civil case against BHS in Korea before proceeding forward here in the states?

I don’t know what really going on, I’m just thinking out loud lol.

On a different note, I am actually more interested in NCsoft’s quarterly earnings from this site: http://global.ncsoft.com/global/ir/quarterly.aspx

GW2 pre-purchases should be part of this quarter takes no?

Quote: TrueElin on 04/27/2012, 05:31 AM - view

It's fail because the only people they can possibly cause any discomfort to are the people who live in New York who want to play TERA.

Go ahead... Piss off regular people in New York. It won't bother me especially, but it will bring solid proof that NCsoft is clutching at straws.

And true enough, L3 doesn't exist. There's no visible proof to anyone that anything has been "stolen". The whole thing is a sham that can only shed a sickly light on NC for having lost several of it's star employees. Perhaps they should just have treated them better?

What? If NCsoft does get an injunction it will affect the entire United States, not just players in NY. They are just looking to get their case in front of judge right now, and deceided to pick NY as the place.

I’m not sure why they choose to file this NY, but they are not singling out NY players in anyway.

As for grasping for straws, well section 9 of that same brief already shows that:

"The launch of TERA in the United States is likely to cause immediate and irreparable harm to NCsoft. Indeed, the marketing materials already released by the Defendants for the U.S. market reveal that they are aiming directly at NCsoft's customer base - and are doing so by emphasizing the very game features they stole from NCsoft. Once lost, that customer base would be extraordinarily difficult to replace."

Really NCsoft? lol. That is the nature of the beast in the MMO market. EME is after all MMO players not just yours. If that's not a straw grab I don't know what is.

But I disagree with you on nothing being stolen. Stuff was stolen from NCsoft. Real people are going to prison in Korea for it. Whether or not the Stuff stolen from NCsoft was used to make TERA is what we are waiting for the civil lawsuit to settle.

Yes. It's pretty clear. But a law for the state of New York isn't applicable to any state that doesn't share that law. The reason they chose New York to file, is because that's where there's a law that suits their case.

They can't possibly get an injunction that will force a nationwide stoppage. It's strictly a New York law.

While I don't know anything at all about Korean law, and not much more about US law, if it's a civil case, then there's nothing to be in jail for (in the US anyhow). in Korea, that seems to be a whole other matter, and it's sad to see.

I've been a loyal customer of NCsoft (a certain spandex-claded game) for 7+ yrs. BUT...didnt they learn anything from the Marvel debacle, this just seems really silly?

Oh, you're talking about CoH? - lol ....

I'm not sure that is actually how it works.

All those patent cases that get settled in Texas affect the entire county not just Texas.

Perhaps they think they can get a favorable judge in NY?

Quote: FryDay on 04/27/2012, 06:03 AM - view

*cough*cough* maybeee!!!...lol

Quote: TrueElin on 04/27/2012, 06:06 AM - view

A patent is a different thing. Patents are filed federally. A court in Texas might well be able to cause a patent application to be denied. In fact, there have been many, and well documented cases where extracts from plants have had patent attempts filed. Yeah, Imagine squeezing a cucumber selling the juice, and violating someone's patent.

This is another matter. This is intellectual property and marketing.

I'm not sure you can even patent an MMO, but maybe a feature or 3 in it.