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What hapened in Court PIX? anyone have an Update on DNL and court?
DeadDOG
Member UncommonPosts: 191
i tought it was going to be halloween or sometime after what hapened anyone have a link or something?
www.DigitalMindz.com
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Check the thread "Dark and Light game developer NPCube dismissed and convicted by French Court" in particular the last three pages or so. You will see posts from Pix there about what happened and what is currently happening with the court case. You will also see some crazed DnL fans talking about how great communism is and how is going to save DnL. Make of that what you will.
The short version is that Pix has already been told that the DnL devs need to pay him money if they keep using Vworld technology in their game for a profit. However at this point since DnL has gone free to play and probably has no money anyway, the French court really has no idea how to handle the situation so they dismissed the lawsuit on both sides, so nobody won anything.
However both sides appealed the decision and now its back on again. The next court date is in December. The 17th I think. Thats my understanding of the situation at any rate.
If you ask me though, the DnL devs won't ever win anything on their side. If Pix wins they will owe him money but will probably never pay since they are broke anyway. The bottom line is that DnL is dead and its not coming back. At this point the court case seems to be beside the point.
The History of the Order of The Golden Shields
Thanks for this summary, however it presents some inaccuracies:
-NPCube was convicted to pay 52K Euros to VWORLD on March 13th (for unfair competition against VWORLD). NPCube appealed against this judgement. On the 25 th of September, NPCube was convicted once again by the Appeal Court: summary judgement on payment of the amounts due was granted.
- On December 17th, the Appeal Court will ratify or invalidate the 13th of March judgement .
- On 31 October before another Court, VWORLD/Pourieux and NPCube/Farlan /Jacquet were all dismissed on all their claims.
In any case, it has already been confirmed in both judgements that VWorldTerrain technology was my sole property and that VWORLD was the only company licencing it: it may appear quite self-evident now, but NPCube's demands before Court were that the copyright on VWorldTerrain technology was to be cancelled. They were also demanding the Court to judge that VWORLD was counterfeiting Dark and Light. This of course was also dismissed.
One of the issue about the 31th October judgement is that the Court judged that there was not sufficiently clear evidence that NPCube/Farlan/C. Jacquet were counterfeiting VWorldTerrain technology and were liable for unfair competition.
To that date, nor VWORLD, nor myself, have appealed agaisnt any judgement. Besides we have not been convicted, on any ground, which is not the case of NPCube.
As a reminder, there's a video on this newest site: www.pourieux.com
EDIT: ah ah ah.... no. *They* still have to pay (and have begun paying in other cases)
No, it's not only a flight sim
Current Work In Progress
"Freedom is just another name for nothing left to lose" - Janis Joplin
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ROFL DnL is still around!? Seriously I payed to get into launch and was lucky to get out before any payment issues started happening... I'm supprised DnL is still around.
As for this case, hopefuly justice wins this one and the guilty party is taken down... I just wish I could get my money back
Actually... DnL isn't still around. The game servers have been down for a LONG time and probably won't ever be coming back online. Most of the staff working for NPCube and Farlan have been fired due to lack of money and legal issues. And whoever is actually still working for either company seems to have gone into hiding to avoid having to face the music for creating the worst MMORPG of all time. Even the official forums seem to be dead except for a few hardcore crazies (all the forum moderators seem to have been demoted to "former" forum moderators and they only post once a year or so).
Long and short of it: DnL is dead.
There are a few lunatics still lurking around (Ztyx and Solaris here on MMORPG.com being prime examples of this) who are still attempting to defend the game, but you obviously can see how crazy that is. You should see some of the outrageous lies they make up in defense of the game. They try to claim that Vuuar has escaped from Europe and run off to China to finish working on the game in some abandoned bunker with a bunch of "programmers" who learned how to program by cheating to high hell in Shadowbane. These non-sense rumors have no basis in reality.
The History of the Order of The Golden Shields
You must be kidding or really deluded.
This is the best joke ever, thanks for making my day
Futilez[Do You Have What It Takes ?]
You must be kidding or really deluded.
This is the best joke ever, thanks for making my day
I suppose that means you can provide a better explanation for what happened? Something beyond making a one or two sentence post with insults and sarcasam?
The History of the Order of The Golden Shields
You must be kidding or really deluded.
This is the best joke ever, thanks for making my day
I suppose that means you can provide a better explanation for what happened? Something beyond making a one or two sentence post with insults and sarcasam?
Well obviously he did not had the case ..
Do you seriously think if someone is find guilty by court and then when they need to judge on penalty they say umm we dont know what to do well lets just dismiss it all together.
btw _Pix_ already answer it (check above)
One of the issue about the 31th October judgement is that the Court judged that there was not sufficiently clear evidence that NPCube/Farlan/C. Jacquet were counterfeiting VWorldTerrain technology and were liable for unfair competition.
/sarcasm on
This reminds me of my last lawsuit, against Microsoft, I tried to prove that 0 and 1 is may intellectual property and due the fact all their codes use binaries I should be compensated
/sarcasm off
Well they did not fell for it as they did not fell for PiX claims.
omg and i said i wont post here anymore, but just when I remember "about good old days" I cant help my self.
note to myself: do not I say it again do not check DnL section anymore.
Futilez[Do You Have What It Takes ?]
Well lets see...
Pix created Vworld terrain technology.
Vworld was used to create the Dark & Light game engine.
NPCube was not paying for the use of Vworld.
How exactly do you figure that NPcube doesn't owe him some money? I figure what confused the court is the fact that the game is dead and NPcube is broke. They could easily make NPcube fork over the money, but if they don't have money and don't have the capability to make money what exactly would be the point? This is why they dismissed the case, but ALSO dismissed NPcube's absurd counter suit as well. They probably just don't know what to do with it and don't want to deal with it anymore. Its not that hard to see if you think about it.
And like I said, do you have some better explanation to offer beyond poorly spelled insults?
The History of the Order of The Golden Shields
That is a good point... how can a court take anything from someone who has nothing? Sure anyone can randomly sue someone but if they have nothing to give than its pointless and I see what your saying in regards to that.
are both sides appealing?
are both sides appealing?
Not in the slightest!
/chortle
Of course they weren't guilty of counterfeiting VWorld. Counterfeiting means copying. They didn't copy _Pix_ software, they blatantly stole it. Why the court would be looking at it as counterfeiting instead of theft, I have no clue.
Pix said his side was appealing. I don't know about the other side.
The History of the Order of The Golden Shields
That 's a logical possibility, although I tend to think there are obvious other reasons, given the composition of Farlan and NP3.
DnL has been down for several months now, Farlan and NPCube also seem to be out, or close to be at least for NPCube: according to the bailiffs, NPCube's headquarters don't seem to be existing anymore at their official place of business.
But what is surprising is that apparently NPCube's CEO didn't put the company into liquidation, although he fired all of his employees 5 months ago.
The Paris Court dismissed the case (and in a very short time after the final speeches). The Commercial Court already convicted NPCube 7 months ago. Another point is that NPCube was convicted in other cases 2 times in less than a year (cases related to ex -NPCube employees fired without a valid reason: NPCube has been convicted for moral harassment in one of these). On top of that, other cases are to come in a few weeks, among which one brought agaisnt NP3 by another ex-employee which has been wrongly accused of theft by NP3 in 2005 and has had to be waiting for 2008 before being totally freed of the charges pressed against him since NP3 managed to bring the case before Appeal and Cassation Court ).
Seems to me quite a bit too much indeed for a self-proclaimed "small company, small means".
EDIT:
"Pix said his side was appealing. I don't know about the other side."
No, I did not saiy anything about appealing in that case.
NPCube appealed in the Commercial Court case, that's the only appeal running right now, to be judged on December 17th.
No, it's not only a flight sim
Current Work In Progress
Okay, so lets see if I'm any closer to getting this right:
There were TWO lawsuits?
One was in the commercial court, where you already won.
The other was in the paris court, in which case both your lawsuit aginst them and their countersuit aginst you were dismissed.
Now that the second lawsuit has been dismissed, NP3 went back to appeal the first lawsuit which they previously lost?
Plus, several ex-employees are also going after them for wrongful termination?
And meanwhile NP3 seems to have only one employee left who cannot be found because their headquarters has been shut down and nobody knows where their new hideout is at?
The History of the Order of The Golden Shields
I would have to say, watching Jacquet perform his tricks these past 3 years and especially the last two years, there is much more than a simple "wasnt enough evidence"" on both sides for either of them to get anywhere is a bit suspicious in itself.
Looking back over the chronological events and FarcelandNpFleece's manipulations, we already know that he attempted to get funding through the Reunion Island entity there and was it was rejected. However, using the same engine, Mafate, which a bailiff previously had reported that it was in fact using VWORLD technology, they were able to obtain funding in another entity. Top dog areas. With that, does a Judge want to be responsible for a loss of funding to a beneficial entity?
Then too, we have the disappearance of the office itself, the skedaddling of the slimy coward hiding in yet another haven for unethical business practices. When crap hit the fan not only with the game, but also with the funding manipulation he was involved in, his conviction of not only VWORLDS award but the conviction of the other cases against him from former employee(s), as well as his other cases against him coming up in court -- the timing of his move to China is suspiciously close to a slimy sleazy coward.
Then given that the game is if not officially dead, it is in fact dead and therefore they can claim no harm no foul at the present time.
And all through this, Jacquets puppets (maybe even the slimy twirp himself) continuously attempt to discredit the position of ownership and competency of the one man who put a cog in his wheel of manipulation. You gotta wonder why..........
I would have to gamble that if VWORLD technology shows up in anything related in the very least to Jacquet, you can bet your bottom dollar VWORLD will have the go-ahead on all sides. I can't imagine really anything going anywhere - especially in the gaming industry - past China for many years to come. US/Eurp markets and regulations simply wont allow it. A suspected stolen technology? What SMART business would deem to even give it a thought?
A proven past history and current mode of operandi lends more to the idea that there was much more than a "no evidence" reason involved. I guess the only thing that we can count on is the same effect the whiney-azz thief Campion got in the end. The universe knows what it is doing, let it do its thing to Jacquet.
(and the poor bast*** will be sitting with his head in his hands wondering why terrible things are happening to him...tch tch tch)
All of that sounds reasonable enough Cholayna.
But one thing I just thought of: If they are now going back to appeal the decision of the first lawsuit, it must be because they think the second one being dismissed has given them a better chance to win in a second round of the first one.
The History of the Order of The Golden Shields
Aye, I thought of that angle too. However, their appeal was already filed before this last event. However, I dont put it past them to TRY and use this last case as another basis. Problem with that is, it really has no basis on the facts of the first case in which their position was dismissed and the award was for damages to Pix in that particular case. A pretty open and shut deal there. I suspect their appeal is merely a stalling, and mayhaps a bit of defensive 'saving-face' act since Jacquet is already paying out fines and penalities to the other lost cases (one being the ex-employee deal) as well as to attempt to "prove"his previous claims against Pix. An appeal on the first case is basically a foollish and futile excercise on slimeball Jacquets actions. Once again, smoke and mirrors.
I dont know anything about DnL, Farlan, or French court. But the one thing I do know is that lawsuits have nothing to do with who has more money than the other. If one side wins, then the judge determines how much the other side wins due to damages. The judge has nothing to do with how much money one side has in the bank or if theyre broke. They decide soley "on what the damages will be". Its not their resposibility to collect on those damages. When one side wins a case, its up to them on how and (alot of times) when to collect the judgement. If they cant collect on the judgement then they can do alot of things to collect. place a lein on all the propery and also have an order (from the judge) to collect propery to pay for damages. Which in turn the judge will appoint an auditor to assess the value of the property.
Heres an example. If you drive your car and hit a pedestrian (and its your fault)and you dont have insurance. The factor in the case isnt how much money you "dont" have but how much money its gonna cost to take care of the medical bills and the compensation the guy should get for you hitting him. The judge isnt gonna say "Oh..the driver doesnt have any money so the lawsuit is dismissed". He's gonna give an ammount for comensation the guy who got hit reguardless of how much money the driver has. Then its up the victim to collect the damages on any way he sees fit.
It amases me how many of you people talk out you ass and have no idea what youre talkin about.
This from the guy who admits he knows nothing about DnL or the people involved in this lawsuit.
Yes, we all know how things work here in America where you can slip on pee in the bathroom at CostCo and sue CostCo for a billion dollars. And win. I think we all know how screwed up the system is. There is no need for you to come in here to a forum for a game you know nothing about and start hurling insults at people you have never known or talked to before. Go back to the Warhammer and AoC forums if you feel the need to do that kind of stuff.
But here we are talking about lawsuits taking place in a foreign country where the laws and the people who execute them are different. Unless you happen to live in France I doubt you know any more than the rest of us about the way their system works.
So here we are, people who played this game and actually know atleast a little about it, talking about these lawsuits of which we know very little. I don't deny that we are making speculation here. We really don't know what happened in these lawsuits or why because we weren't there to see it and there is very little information about the suits available on the internet. But its a subject that interests us and we like talking about it. If you don't play this game and don't like what we have to say about it, I'm sure you won't mind leaving and going back to forums for games you actually play. Thanks bud.
The History of the Order of The Golden Shields
Come on guys, jeeze.