NCsoft Sues Over TERA

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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NCsoft Sues Over TERA


The North American launch of TERA could be threatened by legal action filed by NCsoft, which claims that Bluehole stole Lineage 3 software and artwork to use in the game.

TERA is, at the moment at least, slated to open to North American gamers on May 1, but NCsoft is looking to put the kibosh on that plan. The MMO giant has filed suit in a New York federal court seeking an injunction against the game, claiming that the former NCsoft employees who left the company to found TERA maker Bluehole Studio "made off with copious amounts of confidential and proprietary NCsoft information, computer software, hardware and artwork relating to Lineage 3" on the way out the door.

"Their business plan was simple and audacious: create a competing product using the very work they had done while at NCsoft, launch it themselves to great fanfare and acclaim, and, in the process, deal a crippling blow to their former employer," NCsoft said in the complaint [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], adding that a Korean criminal court convicted the former employees of stealing trade secrets in 2009. NCsoft filed a lawsuit against Bluehole in Korea in 2010 in which it won damages and an injunction against the use of its proprietary information, although the damages award was later overturned; both the civil and criminal cases are now awaiting appeal before Korea's highest court.

The lawsuit covers a lot of ground, ranging from the "secret discussions" held by dissastisfied NCsoft employees that resulted in the disclosure of proprietary Lineage 3-related information to third-party investors and the eventual founding of Bluehole, to similarities between various game elements like characters and political systems and even comments from beta testers remarking on the similarities and links between TERA and Lineage 2. The suit claims that Lineage sales and market share have declined in Korea since the launch of TERA and says the same thing "can reasonably be anticipated" in North America if the game is allowed to launch here.

"Bluehole unquestionably used NCsoft's copyright and trade secret information to develop TERA. It appears beyond doubt that Bluehole and En Masse [Bluehole's U.S. subdiary] are now also using NCsoft's copyrighted and trade secret information in its previews of TERA in the United States and will continue to do so after TERA is commercially released in the United States," the suit says. "These actions are unlawful, cause irreparable harm to NCsoft and NCI, and should be remedied pursuant to law."

NCsoft is seeking preliminary and permanent injunctions against the launch of TERA in the North America, an order to return all its proprietary stuff and "enhanced" damages due to Bluehole's "knowing and willful misconduct." Bluehole, entirely unsurprisingly, has only said that it does not comment on legal matters.

Source: Rock, Paper, Shotgun [http://www.mmoculture.com/2012/01/ncsoft-files-lawsuit-to-thwart-tera.html]



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gigastar

Insert one-liner here.
Sep 13, 2010
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Ah, just when you think the legal scene was calming down for once.

Popcorn anyone?
 

Fensfield

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Nov 4, 2009
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I hate to sound miserable, but after a fashion, I almost hope NCSoft pull it off.

A: .. Well, that'll certainly teach them, if they really have been so underhanded.

B: Opens up the tiny, tiny, infinitesimally small chance that an imported version will come across that isn't 'westernized'. Ugh that word still makes me feel uncomfortable.

'Course I don't really hope it fails as such but.. still, it'd feel pretty.. karmic? after this whole 'westernisation' affair and how horrible it's all felt, even if the two issues aren't really related to one another.
 

DTWolfwood

Better than Vash!
Oct 20, 2009
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goddamit! i want to play TERA. if this messes with the launch date i will rage so hard >.<

on the other hand, they do look a like. Tho to be fair, what scantly clad elf wouldn't look like another in a Korean MMO.
 

LilithSlave

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Sep 1, 2011
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Wow, Tera is already I hear plummeting in it's fanbase in Korea. I wonder if such a lawsuit could even destroy the game.
 

Rad Party God

Party like it's 2010!
Feb 23, 2010
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Well, it's a real shame, because Tera looked kinda interesting. I'm also looking forward to Lineage 3, I hope to, someday, have both installed in my hard drive.
 

zombie711

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Aug 17, 2009
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Its weird. I keep thinking these guy are Nsoft and when I find out their not, I loose all interest. Again Weird.
 

miashin

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May 6, 2011
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Because we've never had an MMO that completely and totally imitates another game/MMO?

Example: Monster Hunter and Hunter Blade.

If Bluehorn used resources that were the property of NCsoft, then yes legal action should be taken.

But I also have this feeling that a far more driving force in this suit is NCsoft trying to eliminate competition before it can even take hold.

The suit claims that Lineage sales and market share have declined in Korea since the launch of TERA and says the same thing "can reasonably be anticipated" in North America if the game is allowed to launch here.
That line's the most 'revealing' to me.
"Oh no, they're kicking our buts over there. How can we stop them from doing the same thing here?"
"SUE THEM!
"
 

Something Amyss

Aswyng and Amyss
Dec 3, 2008
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Never heard of either. Coming in without any other knowledge, those drawings are kind of similar.

gigastar said:
Ah, just when you think the legal scene was calming down for once.

Popcorn anyone?
Yes please.
 

AlotFirst

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Mar 29, 2011
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I wouldn't know if NCSoft has got a strong case, but they did contact a strong lawyer company to settle the lawsuit.

In any case, I think the reason that NCSoft is sueing Bluehole Studios right now is because GW2 will have Public Beta Testing Weekends in March/April and TERA will launch in May. Them NCSofters are probably hoping to prevent TERA completely from interfering with GW2.
 

draythefingerless

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Jul 10, 2010
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Pretty simple.

1. if they stole, sue them and make them pay harshly for being assholes.

2. if they didnt steal, counter sue to make NCSoft pay harshly for being assholes.
 

Korten12

Now I want ma...!
Aug 26, 2009
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AlotFirst said:
I wouldn't know if NCSoft has got a strong case, but they did contact a strong lawyer company to settle the lawsuit.

In any case, I think the reason that NCSoft is sueing Bluehole Studios right now is because GW2 will have Public Beta Testing Weekends in March/April and TERA will launch in May. Them NCSofters are probably hoping to prevent TERA completely from interfering with GW2.
Public Beta meaning you can sign up for it. Not that everyone can get on.
 

Lunar Templar

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Sep 20, 2009
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and yet

TERA looks more interesting then Lineage 2 actually is :p.

which makes this a bummer cause i want to play TERA
 

IlikeLolis

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Jan 21, 2010
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See, in Korea they would simply let the more Popular MMO get more money while the others just imitate it.

Yet in America, we must sue anyone that thinks its a good idea to copy what we make(Oh wait, they dont make it they just translate it and reap copious amounts of money for shit they don't have any real connection to.)


Seriously, if they cared half as much about their customers and what they want as they do for their money then people might actually appreciate foreign (Especially Korean) MMo ports.
 

Mortuorum

New member
Oct 20, 2010
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IlikeLolis said:
See, in Korea they would simply let the more Popular MMO get more money while the others just imitate it.

Yet in America, we must sue anyone that thinks its a good idea to copy what we make(Oh wait, they dont make it they just translate it and reap copious amounts of money for shit they don't have any real connection to.)


Seriously, if they cared half as much about their customers and what they want as they do for their money then people might actually appreciate foreign (Especially Korean) MMo ports.
Copying is one thing. Stealing code is quite another.

Ideally, Bluehole will wind up settling with NCsoft and the game will get released anyways. Enough money can make the bitterest of rivals into BFFs.
 

boag

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Sep 13, 2010
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THe question is going to be, "how much money will it take NCsoft to let Bluehole publish", because Tera has exploded on the MMO scene, I am certain that fatalist making doujins of the characters had nothing to do with it.
 

TitanAtlas

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Oct 14, 2010
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So when i said Tera looked a LOT like Lineage, everyone called me a fanfag, a douchebag and a idiot.

And then this new appears.... so to all that raged against me:

"Middle fingers to all those who decided to hate my comment and harass me. Big Erect middle fingers."

Note: Sorry Mods but i had to vent some of the rage. I tried to maitain the most civilized i could.