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  1. Default 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)

    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

    59. Objection-Opposition (Motion related)
    Very poor assertion that "HackShield is not a Technological Measure that Effectively Controls Access as defined by the DMCA"

    60. Statement (Motion related)
    Item by item dispute/undisputed list of statements. Interesting read, but really long and references other documents.

    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.

    62. Objection-Opposition (Motion related)
    More of the disputed explanations from #60. Mostly attempts to declare things as hearsay.

    64. Reply (Motion related)
    Attorney for the plaintiff proceeds to shred 60/61. Very interesting.

    65. Objection-Opposition (Motion related)
    Attorney for the plaintiff proceeds to shred 60/62. Very interesting.

    66. Statement (Motion related)
    Plaintiff attorneys provide supporting reasoning about their request for summary judgement.

    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.

    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.

    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.

    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.

    75. Order on Request to Dismiss (cause of action or other)
    Court order granting #74
    Last edited by Eos; 2013-12-31 at 06:05 PM. Reason: More added


  2. Neutron Straight Male

    IGN: SheLikesIt
    Server: Bellocan
    Level: 200
    Job: Buccaneer
    Guild: Fatal <3
    Alliance: A bunch of homos

    Default Re: Nexon America Inc. v. Gameanarchy LLC


    Never heard of this site in my life. Nexon getting incredibly sue-happy?

  3. Default Re: Nexon America Inc. v. Gameanarchy LLC


    It's combat arms, no one cared.

  4. Default Re: Nexon America Inc. v. Gameanarchy LLC


    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.

  5. Default Re: Nexon America Inc. v. Gameanarchy LLC


    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-

  6. Default 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.

  7. Default 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...

  8. Default Re: Nexon America Inc. v. Gameanarchy LLC


    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.

  9. Default Re: Nexon America Inc. v. Gameanarchy LLC


    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.

  10. Default Re: Nexon America Inc. v. Gameanarchy LLC


    Sweet Jesus. Nexon is on a suing spree. I wonder who's next.

  11. Default Re: Nexon America Inc. v. Gameanarchy LLC


    Updated

  12. Default 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.

  13. Default Re: Nexon Legal Action Donation Drive


    You are welcome to present and debate your side of the case, as long as you remain within the rules while doing so.

    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.

  14. Default Re: Nexon America Inc. v. Gameanarchy LLC


    Next round of this drama up, looks like it may be very near the end.

  15. Default Re: Nexon America Inc. v. Gameanarchy LLC


    This one is closed as well.

  16. Default Re: Nexon Legal Action Donation Drive


    $1,432,964.76


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