Dark and Darker Developers Face $6 Million Payment to Nexon

Case Summary

The South Korean court has ruled that Ironmace must pay Nexon approximately $6 million for the misuse of trade secrets.
Ironmace was exonerated from copyright infringement but held accountable for misappropriating Nexon’s proprietary information.
Despite the ruling, operations for Dark and Darker are not at risk; however, Nexon intends to pursue further legal action.

In a significant legal decision, a South Korean court has mandated that Ironmace, the developer behind the popular game Dark and Darker, compensate Nexon with around $6 million (approximately 8.5 billion won) due to breaches related to trade secrets. Launched on PC in 2023, Dark and Darker has garnered attention for its immersive and challenging first-person extraction gameplay set against a dark fantasy backdrop.

Diving into the realm of Dark and Darker offers players a unique experience. The gameplay deviates from conventional extraction titles, which often lean on modern or sci-fi themes. Instead, it positions players as intrepid adventurers navigating treacherous dungeons filled with formidable monsters while competing against other players for valuable artifacts. Furthermore, Ironmace is expanding its reach with a mobile version of the game, developed in collaboration with Krafton, the publisher of PUBG Battlegrounds.

Court Rules on Trade Secret Misappropriation

While the court dismissed Nexon’s accusations of copyright infringement, it highlighted critical distinctions in the interpretation of copyright laws. Nexon contended that Ironmace’s Dark and Darker was constructed using assets from their canceled project known as P3. The company claimed that the former Nexon employees behind the game utilized proprietary elements from P3 after departing to form Ironmace.

The court clarified that, since P3 never reached release, it did not warrant copyright protection, rendering Nexon’s copyright claim invalid. Nonetheless, it ruled Ironmace liable for violating Nexon’s trade secrets, which constitute confidential information with significant economic relevance. Consequently, the court instructed Ironmace to “fully compensate”Nexon for the damages incurred.

Although this ruling imposes financial repercussions on Ironmace, it is not anticipated to disrupt the ongoing operations of Dark and Darker. Nonetheless, Nexon has indicated its intention to escalate the matter to a higher judicial authority in South Korea. As of now, Ironmace has yet to comment on the verdict, and fans of Dark and Darker can continue to enjoy the game, particularly with recent bonuses available through a giveaway on the Epic Game Store.

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