Nexon America Inc. v. Gameanarchy LLC
Doing a separate thread for each of these. More documents may follow thanks to donations and as they get publicly released.
This one doesn't have an actual complaint attached to it yet in the full formal version, and no one has had time to reply yet since they've yet to finish identifying defendants.
Nexon America Inc. v. Gameanarchy LLC
Request to counsel to file appropriate forms
03. Trademark (CV-31)
Directive to attempt Alternative Dispute Resolution before wasting the time & resources of the court
04. Notice to Parties of Court-Directed ADR Program (ADR-8)
Request from plaintiff for expidited discovery before evidence can be destroyed or is lost.
05. Declaration of Marc E. Mayer
Request for expidited discovery to determine identities of defendants.
05. Ex Parte Application to Expedite
Propsed Judge's order granting right to subpoenas various internet services to identify defendants.
05. Proposed Order
Actual Copyright Infringement Notice to Court
08. Report on Filing of Copyright Action (Initial Notification)
Actual Judge's order granting right to subpoenas various internet services to identify defendants.
09. Order on Ex Parte Application to Expedite
Defendant's Rebuttal
10. Answer to Complaint (Discovery)
Order for Joint Scheduling
11. Order
12. Joint Report Rule 26(f) Discovery Plan
13. Referral to ADR (No 2) (Mediation Panel) (ADR-12)
14. Order
20. Stipulation for Protective Order
Everyone agrees that certain things may be private and need to remain confidential.
21. Protective Order
Any party can declare something confidential and have it redacted from public documents by showing just cause.
32. Response in Opposition to Motion
Response in Opposition to Motion for lawyer to leave case. Nexon requests default judgment if no lawyer is present to represent the LLC because an LLC can not defend itself unrepresented.
36. Opposition (Motion related)
Refution of the laches defense. Hilariously entertaining read.
37. Opposition (Motion related)
Refutation of the need for Ahnlabs to be present in a case about bypassing hackshield to infringe on Nexon's copyright.
40. Order on Motion to Dismiss Case
Judge refuses both attempts to dismiss.
42. Motion for Summary Judgment
Motion for summary judgement against David Allen Baker & Default judgment against Game Anarchy LLC. Nexon wants $232,964.76 from David.
42a.Declaration of Bradley J. Mullins and Exs. 1 - 13
Lots of exhibits and depositions.
42b. Exhibit Exs. 14 - 26 to Decl. of Bradley J. Mullins
More exhibits
42c. Declaration of Andrew Boortz
More exhibits, including the entire ToS.
42d. Proposed Order
What Nexon would like the proposed order to be/say. $1,432,964.76 judgment. (Unofficial/Not enacted)
51. Order on Application to Seal (document)
Order to seal certain exhibits. (approved)
:new: 58. Order on Motion for Summary Judgment
The Court orders Mr. Baker to either hire counsel or filed an opposition to the Motion for Summary Judgment no later than March 18, 2013
:new: 59. Objection-Opposition (Motion related)
Very poor assertion that "HackShield is not a Technological Measure that Effectively Controls Access as defined by the DMCA"
:new: 60. Statement (Motion related)
Item by item dispute/undisputed list of statements. Interesting read, but really long and references other documents.
:new: 61. Declaration (Motion related)
An explanation of some of the disputes from 60. This one is actually more convincing than #59 about why the suit, as it is filed, is fundamentally wrong.
:new: 62. Objection-Opposition (Motion related)
More of the disputed explanations from #60. Mostly attempts to declare things as hearsay.
:new: 64. Reply (Motion related)
Attorney for the plaintiff proceeds to shred 60/61. Very interesting.
:new: 65. Objection-Opposition (Motion related)
Attorney for the plaintiff proceeds to shred 60/62. Very interesting.
:new: 66. Statement (Motion related)
Plaintiff attorneys provide supporting reasoning about their request for summary judgement.
:new: 67. Order on Motion for Summary Judgment
Summary Judgment Motion is GRANTED on Nexon’s first and eighth claims for relief.
Summary Judgment Motion is GRANTED on Nexon’s fifth claim for relief.
In sum, the Summary Judgment Motion (Docket Nos. 42, 53) is GRANTED.
Summary Judgment Motion is granted as to liability only and as against Mr. Baker only
Nexon also shall file a supplemental brief on how the Default Judgment Motion (againt Game Anarchy LLC itself, which is being used as a separate defendent in this case) should be resolved.
:new: 71. Judgment
Mass summmary that Nexon basically got what it wanted on all counts, against both defendents.
Nexon is awarded a monetary judgment against Defendants, jointly and severally, of a sum of $1,432,964.76, broken down thats;
Statutory damages in the minimum allowable amount ($200 per violation) under § 1203(c)(3)
(A) of the DMCA, for each of Defendants’ 6,000 violations, totaling $1,200,000.
(b) Defendants’ unjust profits attributable to the infringements alleged in the Complaint, as provided by the Copyright Act, 17 U.S.C. § 504, totaling $232,964.76.
:new: 72. Report of Determination of Copyright Action (CLOSE)(AO 121)
Copy of the judgment sent to the Register of Copyrights at the library of congress.
:new: 74. Request to Dismiss (cause or other)
Nexon requested the court dismiss without prejudice the second, third, fourth, sixth, seventh and ninth claims of their Complaint, with each party to bear its own costs and attorneys’ fees.
:new: 75. Order on Request to Dismiss (cause of action or other)
Court order granting #74
Re: Nexon America Inc. v. Gameanarchy LLC
the links broke again sadly.
Re: Nexon America Inc. v. Gameanarchy LLC
Never heard of this site in my life. Nexon getting incredibly sue-happy?
Re: Nexon America Inc. v. Gameanarchy LLC
Quote:
Originally Posted by
FreeNoods
Never heard of this site in my life. Nexon getting incredibly sue-happy?
It's combat arms, no one cared.
Re: Nexon America Inc. v. Gameanarchy LLC
Quote:
Originally Posted by
FreeNoods
Never heard of this site in my life. Nexon getting incredibly sue-happy?
I believe this site primarily dealt with Combat Arms hacks, not really Maplestory hacks, But it still falls under Nexon since they run both games. From what i've heard Combat arms is even more hacked then maplestory, which suprises me.
Re: Nexon America Inc. v. Gameanarchy LLC
Quote:
Originally Posted by
Untradeable
what i've heard Combat arms is even more hacked then maplestory, which suprises me.
So be glade all you maplers out there that your game isn't as ruined as
CA is From diabolical inhuman pieces of unclaimed remains call hackers.
BB-
Re: Nexon America Inc. v. Gameanarchy LLC
Added three more documents.
11) The joint report is the defendants lawyers rebuttal to the suit.
It's interesting reading and basically is their summarization of all charges, who is expected to be necessary as witnesses, all anticipated evidence and a summary of the denial of all charges.
This one will be long, the requested cut off for them to do disovery is between february and may of 2013.
They want a trial by jury. I pity that jury.
12) is just dictating which form of mediation they have to use, which in this case is one of the preapproved court selected independent parties.
13) is an order establishing the deadlines, They settled on February of 2013 for discovery. Expert witnesses can argue till April 2013, trial date is July 9, 2013 at 8:30 a.m. if it doesn't get settled at the April 30th settlement conference. They'll have a pretrial June 10th to establish quickest way to walk through the trial for the jury and estimate 3 to 5 days in session.
Re: Nexon America Inc. v. Gameanarchy LLC
Interesting...
I wonder what Game Anarchy can do with their discoveries. I would think it would be (in the technical way) pretty dam hard to allege that their bypass didn't... well... bypass. I' probably missing something here...
The complaints of the users on Nexon is going to be really fun to see; it'll probably be their most substantial (or at the very least, largest in size) evidence they have...
Re: Nexon America Inc. v. Gameanarchy LLC
Quote:
Originally Posted by
Sephie
Interesting...
I wonder what Game Anarchy can do with their discoveries. I would think it would be (in the technical way) pretty dam hard to allege that their bypass didn't... well... bypass. I' probably missing something here...
The complaints of the users on Nexon is going to be really fun to see; it'll probably be their most substantial (or at the very least, largest in size) evidence they have...
It was my impression that the anti-circumvention provisions of the DMCA only applied to copy-protection schemes, which it would be hard to argue that Hackshield or w/e pomegranate they use for CA is. I'm pretty sure that encryption itself was not ruled (or perhaps was ruled not) to be sufficient to form a protected copy-protection scheme, so I'm not sure how this stacks up against that.
Re: Nexon America Inc. v. Gameanarchy LLC
Quote:
Originally Posted by
inemnitable
It was my impression that the anti-circumvention provisions of the DMCA only applied to copy-protection schemes, which it would be hard to argue that Hackshield or w/e pomegranate they use for CA is. I'm pretty sure that encryption itself was not ruled (or perhaps was ruled not) to be sufficient to form a protected copy-protection scheme, so I'm not sure how this stacks up against that.
I can see it now sorta. They didn't violate copy-write by simply bypassing and hacking since they don't really tamper, steal, or claim any CA content right? I think with the private servers, Nexon had some ground because they copied, reused, and profited from the actual game by hosting Nexon's content themselves.
In this case, I don't really know what DMCA can do for just simply hacking.
Re: Nexon America Inc. v. Gameanarchy LLC
Sweet Jesus. Nexon is on a suing spree. I wonder who's next.
Re: Nexon America Inc. v. Gameanarchy LLC
Re: Nexon Legal Action Donation Drive
*I am the owner of GameAnarchy...
*It says I can't post in a thread that is older then 21 days ( http://www.southperry.net/showthread.php?t=55655 )
I decided to register and post because you seemed to have a mature discussion regarding the nexon cases.
*If it turns to flaming I will not return
The protection order was needed because I gave them all of the source code and financial records.
I freely gave them all the source code, to show none of their code,artwork,sounds etc were used and also to show hackshield was NOT "bypassed".
We have tried to settle, but nexon just doesn't care and like the that one maple hacking site who's name I am too stupid to know not to try to say because clearly I'm too dumb to read the rules on sharing hacking related links doc states, they do seem to have a hidden agenda.
funny how when they open stocks to the public, they get lawsuit crazy and don't want to even talk about a settlement.
So why would I consider a settlement if what i'm doing is not wrong?...money, it costs alot to defend a lawsuit.
If you can look past the "moral" issues which should have no legal basis...
Copyright - NONE of nexons IP was copied/hosted/used in the software provided
DMCA - they claim hackshield is a DRM that restricts access to the game? uh no, how does it protect the game from being copied. DMCA is susposed to protect digital items under copyright law, ie keep people from ripping IP from a digital format. Nexon have abused the DMCA for years with false claims and scare tatics.
I wish to expand on the DMCA since it's the strongest position of their case due to bad and vague wording in the DMCA law.
recent cases have been heard that rule in favor of what the DMCA spirit was intended to protect.
http://andrewraff.com/blog/2010/07/2...w-dmca-an.html
"Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA's anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners…"
So even if hackshield was "bypassed", so what nothing was copied!! (which is not even the case)
I do have more legal defenses that i'm not going to discuss yet, my point I hope people can see is that it's not a slam dunk in either case for nexon.
Re: Nexon Legal Action Donation Drive
Quote:
Originally Posted by
GameAnarchy
I decided to register and post because you seemed to have a mature discussion regarding the nexon cases.
*If it turns to flaming I will not return
You are welcome to present and debate your side of the case, as long as you remain within the rules while doing so.
Quote:
Originally Posted by
GameAnarchy
I do have more legal defenses that i'm not going to discuss yet, my point I hope people can see is that it's not a slam dunk in either case for nexon.
I agree that Nexon's case is weak at best, since they're attempting to use a law that was made for something completely unrelated as a stick to beat people with. I do agree with them that the people they're trying to beat are in the wrong and should be stopped, but believe that should be handled by them correcting the inherent flaws in their system, not wasting the valuable time of the court trying to establish precedent to back up what was never meant to exist in the first place.
We continue to watch both active cases with a mixture of curiosity and random glee. It's actually hard to decide who we want to win, because if Nexon did in fact win it might help them clean their crap up and keep the peace better, though unlikely. And if they lose, it means we no longer have to fear them coming after fansites for stupid crap like having extractions and claiming those violate the law.
Re: Nexon America Inc. v. Gameanarchy LLC
Next round of this drama up, looks like it may be very near the end.
Re: Nexon America Inc. v. Gameanarchy LLC
This one is closed as well.
Re: Nexon Legal Action Donation Drive
Quote:
Originally Posted by
GameAnarchy
*I am the owner of GameAnarchy...
*It says I can't post in a thread that is older then 21 days (
http://www.southperry.net/showthread.php?t=55655 )
I do have more legal defenses that i'm not going to discuss yet, my point I hope people can see is that it's not a
slam dunk in either case for nexon.
$1,432,964.76
http://4.bp.blogspot.com/_E8BpJEni77.../s400/evil.jpg