Ironmace has revealed that a court has dismissed Nexon’s request for an injunction in response to the publisher’s claim that the game Dark and Darker was developed using stolen code from a project Ironmace was working on for Nexon.
In a statement to players on its Discord server, an Ironmace developer known as SDF reported that the court rejected Nexon’s injunction for “trade secret and copyright infringement.” The court ruling stated that Dark and Darker could not be considered as infringing on Nexon’s copyright or trade secrets, dispelling claims that the game was developed using Nexon’s proprietary information.
Furthermore, the court ruled that the service for Dark and Darker should not be suspended based solely on Nexon’s claims and evidence, potentially allowing the game to return to the Steam platform.
Ironmace’s SDF shared the court’s decision on the official Discord server, stating, “Nexon’s request for a preliminary injunction against Ironmace for trade secret and copyright infringement was dismissed.”
The court emphasized that Ironmace’s game did not infringe on Nexon’s copyright or trade secrets. Despite this favorable outcome, the court’s decision on Nexon’s unfair competition claim was acknowledged as disappointing by SDF.
SDF noted that Nexon did not present its own game, codenamed P3, as evidence, despite Nexon’s allegations that Dark and Darker was developed from P3’s code. SDF expressed disappointment in this aspect of the court’s decision, stating, “The court’s decision regarding unfair competition is disappointing in that it came from a situation where Nexon did not even submit the P3 game itself as official evidence.”
However, SDF explained that this limitation was due to the evidence examination process in the provisional injunction procedure. The court emphasized the need for a thorough investigation of evidence and hearings in the main lawsuit, contributing to the dismissal of Nexon’s application for a provisional injunction.
SDF concluded by expressing hope that a thorough investigation of evidence in the main lawsuit would reveal the truth about Nexon’s claims and the innocence of Ironmace. They thanked players worldwide for their support and conveyed Ironmace’s commitment to investing and developing Dark & Darker into a lasting game.
As of now, Nexon has not publicly commented on the court ruling or confirmed whether it plans to appeal.
Previously, Ironmace, the Korean developer of Dark and Darker, faced accusations of creating the game with stolen code. The studio received a cease and desist letter and DMCA takedown from Nexon, leading to the removal of Dark and Darker from Steam.
The game has since returned in early access, utilizing Ironmace’s own launcher, Blacksmith, and is available for purchase on its website and the Chaf Games digital storefront.
In addition, Dark and Darker is set to make its way to mobile devices, as PUBG: Battlegrounds publisher Krafton has acquired the rights to bring the RPG to mobile platforms, praising its “potential and distinct creativity.” Meanwhile, the game has expanded its offerings with its own coffee brand.
