Nexon vs. Ironmace: "Dark and Darker" Dispute Enters Second Round... Plagiarism vs. Abuse Allegations

Nexon: "Used 'P3' Modeling Exactly as Is"
Ironmace: "Nexon Lacked Support for 'P3'"

Nexon and Ironmace continued to dispute responsibility for the suspension of game development in the second trial regarding the copyright of the online game "Dark and Darker," with both parties emphasizing the similarities and differences between the games.

Dark and Darker. Provided by Ironmace

According to the gaming industry and legal community on August 29, the Civil Division 5 of the Seoul High Court held the second hearing for the appellate trial regarding Nexon and Ironmace's lawsuit seeking an injunction against trade secret and copyright infringement related to "Dark and Darker," and listened to the arguments from both sides the previous day.

Ironmace is a domestic startup game company established in 2021. It was founded mainly by former Nexon developers, including Mr. Choi, who previously served as the project leader for "P3" in Nexon's New Development Division. Nexon claimed that Mr. Choi leaked source code and data to a personal server, established Ironmace using the stolen materials, and then developed "Dark and Darker." In the same year, Nexon filed both civil and criminal lawsuits. The legal battle has continued for four years.

Earlier, in February, the court of first instance ruled that "Dark and Darker" did not infringe on the copyright of "P3." However, it acknowledged that Ironmace had violated Nexon's trade secrets and ordered Ironmace to pay 8.5 billion won in damages. Ironmace argued that the basis for estimating the damages was unclear, while Nexon claimed the amount was too low. As a result, both parties filed appeals.

At the second appellate hearing, Nexon and Ironmace each held a 40-minute presentation, showing game footage and presenting their arguments.

Nexon highlighted the substantial similarities between "P3" and "Dark and Darker." Nexon stated, "If you look at the 3D modeling of the characters, many aspects of 'P3' and 'Dark and Darker' are identical, and during the criminal proceedings, an employee even admitted to using the 'P3' modeling as is." Nexon also emphasized, "The doors appearing in both games are modified versions of a commercial asset, with the width being exactly 1.418458 meters, matching up to the sixth decimal place."

Nexon further explained that "P3" was created after Mr. Choi's original "LF" project was discontinued, with various internal staff contributing through a primitive version to produce the final result. Nexon criticized claims of sole ownership as "overly self-centered."

In contrast, Ironmace argued, "Mr. Choi wanted to create a medieval fantasy game, but the deputy head of development preferred gun-themed games and did not provide adequate staffing," claiming that Nexon was not proactive in developing "P3." Ironmace also asserted that the unexpected success of "Dark and Darker" led to the current dispute.

Additionally, Ironmace stated, "The build file dated June 30, 2021, which Nexon refers to, was created after the fact, and the defendants never accessed it." Ironmace insisted, "Although 'Dark and Darker' may superficially resemble 'P3,' the lighting elements, monsters, and traps are all different."

The court has scheduled the next hearing for October 23, at which time the arguments will be concluded.