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Dark and Light: VWORLD Sues NPCube and Farlan

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  • CholaynaCholayna Member Posts: 1,604

    UPDATE:

    Recent news:

     

    December 2007- [NPCube - SnailGame]

    A video presenting NPCube /SnailGame's partnership is broadcasted on the Internet. This video, a GamesTV report in Chinese, shows many video sequences of Dark and Light in its 2003-2004 version and illegally makes use of 26 seconds of video sequences from a 2005 VWORLD video, still available today on VWORLD's gallery.  VWorldTerrain's logo has been cut off on these images, which are presented as being in-game from Dark and Light. On the other hand, NPCube's name and Dark and Light's logo in Chinese appear on many occasions throughout this TV report. This video is broadcasted on many Chinese portals, and is linked to from the offficial community dnl.net website, among others.

    This video also presents an interview in French of Mr Stéphane Quilichini, Lead Game Designer of Dark and Light. Mr Quilichini claims making use of a seven-year-old  technology, therefore a technology which has already been existing at least two years prior to the forming of NPCube. 

    A comparison video, which shows the obvious counterfeiting VWORLD is the victim of, is posted on YouTube. This short video also shows extracts from Mr Stéphane Quilichini's interview:

     

    December 10, 2007- [VWORLD]

    On December 10th, 2007, VWORLD issues a formal notice ordering NPCube to suppress the counterfeit video serving the promotion of Dark and Light. NPCube is also ordered to publish a press release stating that the sequences from a VWorldTerrain 2005 video, which are illegally used in order to promote Dark and Light, are not taken from that game, and are not NPCube's, nor SnailGame's, nor Farlan's property. Upon VWORLD's demand, a bailiff's report is established on the counterfeiting of this video. NPCube does not reply to the formal notice and the counterfeit video is still used on dnl.net in 2008 (herehere or there) in order to promote Dark and Light, without any intervention on the part of Alchemic Dream, company in charge of community management, in order to censor this illegal video.

     

    December 24, 2007- [VWORLD]

    Due to the illegal use of a VWORLD 2005 video in order to serve the promotion of Dark and Light in 2007, VWORLD has referred the matter to competent authorities so as to put an end to this counterfeiting without delay and obtain redress

     

    ( source )

  • CholaynaCholayna Member Posts: 1,604

    UPDATE:

     

    Newest update, same player ... here you go!  

    January 2008- [NPCube - Other cases]

    Mid 2005, NPCube, represented by its Managing Director Mr César Jacquet, had lodged a complaint against one of its salaried employees, and had associated in the subsequent court action with the public prosecutor. The employee was charged  with theft, notably to the benefit of VWORLD. Consequently, he had been indicted and the case had been brought before the Magistrates' Court of Saint-Denis, Reunion Island. 



    NPCube has been non-suited, a first time on April 3rd, 2007, a second time on appeal on July 23rd, 2007 and a third time before the Court of Cassation on January 8th, 2008. Mr Christophe Nazaret and Mr Laurent Paret, NPCube's associate members, had testified against their ex-salaried employee, who had been dismissed earlier in 2005.



    In its allegations, NPCube had implied that VWORLD had been pirating its work via the Internet and had been stealing confidential data from NPCube through two of NPCube's employees. VWORLD did not discover such serious accusations had been levelled by NPCube against VWORLD (as early as 2005) until April 2007, when the first non-suit decision was delivered by the Court of Saint-Denis, Reunion Island.

    Separately, NPCube has been convicted on last December 3rd, 2007 by the Labor Relations Board

    ***These are two separate cases involving other former employees. NPFleece had attempted to pirate VWORLD technology in 2005 by asserting a claim against a former employee alleging piracy on the VWORLD technology when in fact, they never owned it in the first place. If they had proved their false allegations, it would have laid a foundation for claim for ownership by NPFleece; in effect, taking _Pix_'s work right from under him. Their attempt was shot down in trial court as well as in a subsequent action in what would be similiar to the US Appeals court in the states. All attempts were denied to Farceland/NPFleece.

    In the second case, this was a woman who was a graphic artist with the production team of NPFleece. She won her case against them on December 7, 2007 for moral harassment (much like the tort intentional emotional distress) and unfair dismissal after a two year fight.

     

     

  • Things are heating up. Watch them slam _Pix_ even more than before now.

  • CholaynaCholayna Member Posts: 1,604

    UPDATE:

     

     


     



    Well, I think a little recap is needed

     

    1- In April 2007, VWORLD sues NPCube/Farlan/C.Jacquet before the Paris Court. For crucial reasons (NPCube's lawyer moved house, Farlan's lawyer embarked on a new career in the movie industry,  a stupid public transportation strike, alleged technicalities) the defense of NPCube/Farlan/C.Jacquet wasn't able to bring any rebuttal before the Paris Court .

    2- However, a part of this defense (NPCube solely) saw it was good to sue VWORLD before the Commercial Court of Clermont-Ferrand in September 2007. VWORLD having brought its submissions in reply within the time imparted, the matter is running its course, even if NPCube hasn't deeemed it necessary to reply on the substance of the case, in reply to VWORLD's rebuttal. 

    3- The Court's decision at the Commercial Court of Clermont-Ferrand is to be rendered on next March 13th, that is to say 57 days after the final hearing which has just taken place on the 17th. 

     

  • CholaynaCholayna Member Posts: 1,604

    UPDATE:

     

    Yea, I did watch this. Let's wait for March then.

    What is quite worth of notice is that there IS ANOTHER VID about Dark and Light Asia, which was made in September, 2006. Enjoy !!! I'll be letting you people count the exact time dedicated to

    -  actual Dark and Light in-game images (BTW from 2003),

    - ANOTHER FAMOUS PRODUCT pirated for DnL Asia's sake , but sadly not on-line (come on the Froggies have already found out which game it was from! ) 

    - and finally the now famous VWorldTerrain 2005 trailer, also pirated for this other trailer for the sake of DnL 2007 Asia special version (but I found a little mistake: can anybody tell me the exact reason why they did forget to crop the LOGO ????????????????????????????????     )

    Well there's yet another hypothesis on the subject on www.pourieux.com

    Oh and here's an update on the current -rather neverending -affairs:

     

     

     

    February 1, 2008- [VWORLD - Paris  Court]

    Upon the order issued by the Paris Court, the defense of NPCube, Farlan and Mr César Jacquet files its submissions in reply on the substance of the case at last, after having postponed hearings three times (on September 6th, 2007: absence of the defense ; on October 19th, 2007: reorganization of the defense and public transport strike; on December 7th: alleged technicalities). Today, NPCube, Farlan and C.Jacquet pretend to be using a "SCAPER technology" developed prior to V-world/VWorldTerrain. The schedule has been decided as follows:

    Plaintiff 's submissions in reply:    March 7, 2008

    Defendant's rebuttal :                     April 11, 2008

    Last hearing :                                  May 16, 2008

    Final speeches :                             October 2, 2008

     

  • CholaynaCholayna Member Posts: 1,604

    YET MORE!!!! BWAHAHAHHAHAHAAA Farlan/NPC just keeps us rolling.......

     

    VWORLD sues NPCUBE again,  for pirating videos and copyright infringement. Procedures are to be quite rapid this time: judgment after the Ides of March.  

    February 25, 2008- [VWORLD  - Commercial Court of  Paris]

    VWORLD applies for summary judgment against NPCube before the Commercial Court of Paris, on the grounds of counterfeit and copyright infringment. This action follows the formal notice sent to NPCube on December 10th, 2007, and the bailiff's report certifying the illegal use of VWORLD exclusive video sequences dating 2005 to serve the purpose of promoting Dark and Light in 2006 and 2007. The speeches are to take place on March 4th, 2008.

    ( source )

  • CholaynaCholayna Member Posts: 1,604

    update:

    During all of these court proceedings, Farland and NPCube brought a suit against VWORLD and _Pix_ alleging Mr. _Pix_'s actions of interfering with the game and its progress. Below is the final verdict on that case. The original main suit against Farland is still pending.

    In short :

    VWORLD has brought a case before Court agaisnt NPCube, Farlan and Mr Cesar Jacquet in April 2007. Speeches are to be held  in October 2008, and the verdict is to be reached later on.  

    NPCube in turn sued VWORLD on the ground of unfair competition in September 2007:  NPCube was accusing VWORLD of having caused its game Dark and Light to encounter difficulties and having damaged  the partnerships NPCube has signed with the University of Reunion Island and the Chinese company SnailGame. NPCube was also claiming it was making use of a "SCAPER" technology for its terrain needs. NPCube was demanding to be duly compensated. 

    The Court has reached a verdict on last March 13th: NPCube sees its case dismissed by the Court upon all requests and has been fined for damage to VWORLD. 

  • CholaynaCholayna Member Posts: 1,604

    UPDATE:

    March 19, 2008- [VWORLD - Paris  Court]

    NPCube argues it has not been granted enough time to retain a lawyer, and does not bring any submissions before Court in the emergency proceedings taken by VWORLD for counterfeiting of video sequences. The defense asks for the hearing to be postponed, which is granted and scheduled on March 26, 2008.

    March 26, 2008- [VWORLD - Paris  Court]

    The final hearing takes place at the Paris Court and the Court's decision is to be rendered on April 2nd, 2008.


    This is of course the newest lawsuit. Fresh on the heels of the slam-dunk of Farlan in their failed attempt to place veils over the main case, VWORLD had filed suit regarding the counterfeit videos Farland is using in an attempt to gain interest in their game.

    Farlan has obviously thought continuing it , a practice that is now their pattern, may be to their advantage. Much like their antics in the gaming industry, they just dont when to stop.

    A few more days and another update.

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