After being removed from Steam in March, following a cease and desist notice, the dungeon-looting RPG game Dark and Darker and its developer Ironmace is now facing a lawsuit from Korean publisher Nexon, alleging copyright infringement. Nexon claims that Dark and Darker is created using assets and materials that the developers at Ironmace worked on and used while they were employed by Nexon. Ironmace has so far denied any wrongdoing.
Filed on April 14, in the United States District Court for the Western District of Washington, court documents from Nexon make a series of claims against Dark and Darker developer Ironmace.
Chiefly, Nexon says that it seeks damages owing to the “defendants’ theft of Nexon’s videogame project called the ‘P3 Project.’” Reportedly, the developers who would later become part of Ironmace were working on a game under Nexon provisionally titled P3, and allegedly used some of the materials from that project in the creation of Dark and Darker.
“In flagrant breach of their obligations to Nexon, the individual defendants stole P3 source code, audiovisual, and other materials that Nexon developed through a substantial expenditure of time and money,” the court filing alleges.
“Defendants used those materials to develop a substantially similar videogame called Dark and Darker that defendants seek to distribute through their newly formed company, Ironmace. Nexon brings this action to stop defendants from continuing to profit from their unlawful actions, including through the distribution of Dark and Darker and elsewhere.”
Naming specific employees at Ironmace, who worked previously under Nexon, the lawsuit describes a one-year contract clause that “prevents employees from working in the same line of
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