You were wrong: BigWorld has nothing to do with that. VWorldTerrain IS the seamless terrain technology allowing no loading times in DnL: the terrain is 100% on the client part and this is the only reason why they are no zones/loading times in DnL. My tip: next time be careful with marketing lies.
This was already settled, he was wrong.
Again... you were wrong. Nobody sued me. My tip: next time don't believe in rumors.
My third and last tip today: next time, don't participate to a massive disinformation campaign against a developer. This does not help in any case the community of developers to develop good games for you to play with.
Need more? I don't think, isn'it?
Do you plan to apologize on the DnL official boards and to speak the truth there also?
Bah, give Mr. Bloodworth time _Pix_ --- he is just now coming to see one part of the truth of the entire Farceland fiasco, he will eventually see his current assessment of the legality behind it all is also wrong, in all aspects. Just takes awhile for some people to have things sink in is all
Thanks for the updates Mr. _PIx_. This is about the only interesting part of this game, watching Farceland/NPFleece get sued. Pleez keep us informed, I will be back near the end of Oct to see if the yellow-bellied team showed up.
Although NPCube and Farlan did not file their submissions with the County Court of Paris to address the lawsuit brought up against them by VWORLD in April 2007, NPCube has issued a writ against VWORLD on September 21 before the Commercial Court of Clermont-Ferrand. VWORLD is charged with unfair competition and damage to NPCube's reputation, and VWORLD's attorneys are invited to file their submisions on October 5th, 2007
So... NPCube and Farlan laywers did not show up on the 6 September and now NPCube is sueing VWORLD for unfair competition and damage to its reputation. It seems that VWORLD now is held responsible for the apparent failure of DnL. Interesting concept, isn't it?
FYI, another case against NPCube was postponed again in Reunion Island. The story seems neverending. But as far as I am concerned, I won't drop the ball.
Latest update: (I am copy/pasting the info on http://www.pourieux.com/DnLHistoryEn.htm ) Although NPCube and Farlan did not file their submissions with the County Court of Paris to address the lawsuit brought up against them by VWORLD in April 2007, NPCube has issued a writ against VWORLD on September 21 before the Commercial Court of Clermont-Ferrand. VWORLD is charged with unfair competition and damage to NPCube's reputation, and VWORLD's attorneys are invited to file their submisions on October 5th, 2007 So... NPCube and Farlan laywers did not show up on the 6 September and now NPCube is sueing VWORLD for unfair competition and damage to its reputation. It seems that VWORLD now is held responsible for the apparent failure of DnL. Interesting concept, isn't it? FYI, another case against NPCube was postponed again in Reunion Island. The story seems neverending. But as far as I am concerned, I won't drop the ball.
BWHAHAHAHAAAAAAAA
Just a delay tactic is all. With all the evidence they have personally publicly aired, THEIR STATUS hasnt a leg to stand on. BWAHHAHAHAAAA this is just toooo tooo rich!!!
VWORLD ruined their rep??? BWHAHAHAAHAAAAA I Guess thousands of pages of customer testimony, game reviews, company publications, articles of "DNL: what not to do" are alllllll the product of VWORLD instead of Farceland and NPFleece eh? BWHAHAHAAAAAAA BWAHAHHAHAAAAA BWHAHAHAHAHAHAAAA How in gawds name can they possibly believe this wont get laughed out of court!?!? BWHAHAHAHAAAA BWHAAHHAHAHAA BWAHHAHAHAAHA
GRAB THE POPCORN!!! GRAB A SEAT!! SIT BACK AND ENJOY THE SHOW PEOPLES!!!! BWAHAHAHAHAAAAAAA
Hmmm, did a little searching on the web for a little information on "unfair competition" -- the US definition anyway (not sure if France is involved in the WTO (which the US and many other countries are) which involves international regulations regarding various trade and commercial areas) but heres a laymans def:
.......The most familiar example of unfair competition is trademark infringement. Another common form of unfair competition is misappropriation. This involves the unauthorized use of an intangible assets not protected by trademark or copyright laws. See also Right of Publicity. Other practices that fall into the area of unfair competition include: false advertising, "bait and switch" selling tactics, unauthorized substitution of one brand of goods for another, use of confidential information by former employee to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services.
Along with copyright issues, trademark and unfair competition issues are growing concerns in the on-line world. Two of the copyright cases mentioned earlier held that distribution of copyrighted material amounted to violation of the copyright holder's trademark, as well as unfair competition.[621]
Federal trademark law provides that:
(a) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
(1) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(2) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.[622
of note:
.......Accessing a non-U.S. computer information service, by modem or computer network, which contains trademarked materials, and then downloading these materials into the United States may constitute an importation, as the statute is not limited to specific modes of transporting the imported materials.......
Just a few of the thousands of snippets of info regarding unfair competition out there.
My biggest thot with this is NPFleece/Farcelands total disregard for all of their own incompetencies, inexperience, and blatant, false, and misleading, and libelous publications by their own hand! Do they not think that several sites maintain archived posts? Do they not think that several game review sites do not maintain archived articles? Do they not think that their own statements, misleading statements in press releases (also archived as well as currently viewed) would not in fact deliver the opinion that nothing and nobody other than their own means have "destroyed the reputation" as well as their own incompetent and stated inexperience and ignorance of their own product (yes! this is in print as a statement made by one of the honchos at Farceland/NPFleece).
Claiming the right to secure copyright and/or trademark against unauthorized use as well as claiming the right to defend oneself against libelous statements does not an "unfair competition" nor a "destruction of reputation" make.
Farceland/NPFleece has allowed this very same allegation against another to happen solely by their own actions.
Will be interesting to see how the French courts bring this out. Here in the US, the judge may even get pissed at the frivolousness of the filing , dismiss and possibly even fine them to boot ! BWHAHAHHAAAAAAAA
[...] Claiming the right to secure copyright and/or trademark against unauthorized use as well as claiming the right to defend oneself against libelous statements does not an "unfair competition" nor a "destruction of reputation" make. [...]
This is also my opinion, but of course I am not neutral in this.
One thing is certain to me... in 2005 NPCube and Farlan announced (and AD and fans spread the Good Word ):
1-I had been developing a technology at NPCube and then sabotaged the work
2-I had been trying to extort money from them
3-they were attacking me
This is what I would call destruction of reputation.
NPCube has also filed a complaint against one of their former employee (whom they fired) on the grounds of his stealing confidential data from NPCube on behalf of VWORLD. The court dismissed this case twice.
Now NPCube sues VWORLD whereas their lawyers did not appear at the first hearing in the case VWORLD brought agaisnt them prior to their present action.
This is what I would call saturating the courts.
Just pile on popcorn, as you said, show must apparently go on.
This is also my opinion, but of course I am not neutral in this.
One thing is certain to me... in 2005 NPCube and Farlan announced (and AD and fans spread the Good Word ): 1-I had been developing a technology at NPCube and then sabotaged the work
2-I had been trying to extort money from them
3-they were attacking me
This is what I would call destruction of reputation.
NPCube has also filed a complaint against one of their former employee (whom they fired) on the grounds of his stealing confidential data from NPCube on behalf of VWORLD. The court dismissed this case twice.
Now NPCube sues VWORLD whereas their lawyers did not appear at the first hearing in the case VWORLD brought agaisnt them prior to their present action. This is what I would call saturating the courts. Just pile on popcorn, as you said, show must apparently go on.
Exactly! That was my point. Farceland/NPFleece seems to think that the evidenced false accusations and defaming statements THEY THEMSELVES made is actionable against the person THEIR OWN ACTIONS HARMED! BWahhahahaaaaaaaaaaa
Thing is, they CAN NOT DENY their own actions as these were published, in some cases by employees of DNL themselves, and/or through the use of various media (press releases, published interviews, etc) and are still available for viewing or archived in several different areas all across the web. Evidence of their less than truthful statements and misleading statements regarding much of what DNL/Farceland/NPFleece is about or has done or is about to do or status etc etc are blatant provable lies!
BWahahhahahaha They honestly should file suit against their own selves!! They would have a better chance of winning! BWahhahahahahahaaaa Wait! Bwhahahhahaha They will prolly screw that up too! BWahahahaaaaaa
Why is this game still here on MMORPG....It barely is a MMORPG in my respect to it as the worst MMORPG ever made period. POS like this needs to die and I hope the VNworld guy wins and this gets shut down.
I was the first few in beta for this game way back and people would bash me on forums about when I knew of ill practices this company used and of how bad the game was with all the promises these developers made to the people then. It was horrible. Although that was long time ago and my forum name I could devulge and some older D&L fans might recall my posts that often became heated flame wars because I would say how bad the game sucked and of important info like this company is doing nothing to put content in and will only cause financial problems for you if you buy into it.
This company could of very well been another Horizons type of company but it never escalated to that degree as the fate of the game floped early.
I broke NDA a few times on this while in beta then but only because I had to and was also part of the original beta team that included a (no name will be disclosed team member) who thought that the problems where to good to let them not be told before release. Well we was all right when the game released how many of you was so disapointed?
Aye. There were actually quite a few NDA breakers with much the same train of thought as you -- the game was just soooo borked and forked it couldnt be held in when faced with the bald-faced lies they saw nearly everyday from Farlan. Crap really hit the fan with the lies of SOG/DNL. Shortly before the release of the "stand alone gift to the loyal fans", several former beta testers came out from under the rocks and started telling the truth. When the SOG did release, they REALLY came out and Farceland/NPFleece and AD alllll lied through their teeth. Some were even harassed all over the web instead of just booted and banned at the dnl site. LOL
Most however were done under psuedo-names and Farlan never had a clue as to who they were and who they still are.
Their actions now only lend credence to the general impression they have owned since beta ---- laughingstocks of the mmorpg industry.
Aye. There were actually quite a few NDA breakers with much the same train of thought as you -- the game was just soooo borked and forked it couldnt be held in when faced with the bald-faced lies they saw nearly everyday from Farlan. Crap really hit the fan with the lies of SOG/DNL. Shortly before the release of the "stand alone gift to the loyal fans", several former beta testers came out from under the rocks and started telling the truth. When the SOG did release, they REALLY came out and Farceland/NPFleece and AD alllll lied through their teeth. Some were even harassed all over the web instead of just booted and banned at the dnl site. LOL Most however were done under psuedo-names and Farlan never had a clue as to who they were and who they still are. Their actions now only lend credence to the general impression they have owned since beta ---- laughingstocks of the mmorpg industry.
Thank you for that thought. It was a very tough time for all of us who went through beta as loyal fans to see if the game would see Light *no pun intended*, but it did not.
I do hope you understood the comment was about Farceland/NPFleece and not about the beta testers. Beta testers were trying like heck to not break the nda but the lies from Farceland/NPFleece was just too much.
And now for Farceland/NPFleece to come out publicly and in a court of law turn around and try an opposing suit against the man they have harassed, stolen from, decieved and misaligned the last coupla years is indeed a hilariously sad situation. Its mindboggling what Farceland/NPFleece seems to think they can cover up with bs. Mindboggling.
Why is this game still here on MMORPG....It barely is a MMORPG in my respect to it as the worst MMORPG ever made period. POS like this needs to die and I hope the VNworld guy wins and this gets shut down. I was the first few in beta for this game way back and people would bash me on forums about when I knew of ill practices this company used and of how bad the game was with all the promises these developers made to the people then. It was horrible. Although that was long time ago and my forum name I could devulge and some older D&L fans might recall my posts that often became heated flame wars because I would say how bad the game sucked and of important info like this company is doing nothing to put content in and will only cause financial problems for you if you buy into it. This company could of very well been another Horizons type of company but it never escalated to that degree as the fate of the game floped early. I broke NDA a few times on this while in beta then but only because I had to and was also part of the original beta team that included a (no name will be disclosed team member) who thought that the problems where to good to let them not be told before release. Well we was all right when the game released how many of you was so disapointed?
DnL's NDA was simply a good way to bs people with complete impunity, by taking betatesters hostages (but also NPCube's developers as well, who could not take the liberty of denouncing the lies) .
Farlan's people (therefore including those among the members of NPCube who also enjoyed a fellowship at Farlan ) announced dates that were not validated by the professional developers at NPCube.
Someone posted a History end 2005 of the various release dates that were successively announced: Interesting read ...
Fascinating to see Alchemic Dream closed this thread by arguing people should not live in the past when you consider they took the initiative to relay so many lies. And where's AD now??? Happily living in the virtual future? Not taking responsiblity for its own doings whereas they themselves announced they were Farlan's partners? Humm silly I am, I forgot they were acting "upon orders". lol
Also fascinating to see that betatesters themselves were held responsible for Dark and Light's failure. And now NPCube is not ashamed of accusing VWORLD company in turn of being responsible for that failure...
Why is this game still here on MMORPG....It barely is a MMORPG in my respect to it as the worst MMORPG ever made period. POS like this needs to die and I hope the VNworld guy wins and this gets shut down. I was the first few in beta for this game way back and people would bash me on forums about when I knew of ill practices this company used and of how bad the game was with all the promises these developers made to the people then. It was horrible. Although that was long time ago and my forum name I could devulge and some older D&L fans might recall my posts that often became heated flame wars because I would say how bad the game sucked and of important info like this company is doing nothing to put content in and will only cause financial problems for you if you buy into it. This company could of very well been another Horizons type of company but it never escalated to that degree as the fate of the game floped early. I broke NDA a few times on this while in beta then but only because I had to and was also part of the original beta team that included a (no name will be disclosed team member) who thought that the problems where to good to let them not be told before release. Well we was all right when the game released how many of you was so disapointed?
DnL's NDA was simply a good way to bs people with complete impunity, by taking betatesters hostages (but also NPCube's developers as well, who could not take the liberty of denouncing the lies) .
Farlan's people (therefore including those among the members of NPCube who also enjoyed a fellowship at Farlan ) announced dates that were not validated by the professional developers at NPCube.
Someone posted a History end 2005 of the various release dates that were successively announced: Interesting read ...
Fascinating to see Alchemic Dream closed this thread by arguing people should not live in the past when you consider they took the initiative to relay so many lies. And where's AD now??? Happily living in the virtual future? Not taking responsiblity for its own doings whereas they themselves announced they were Farlan's partners? Humm silly I am, I forgot they were acting "upon orders". lol
Also fascinating to see that betatesters themselves were held responsible for Dark and Light's failure. And now NPCube is not ashamed of accusing VWORLD company in turn of being responsible for that failure...
Aye Farceland/NPFleece is and had ruined reputations of most of whom had any contact with them. AD is still going but they left a nasty aftertaste in thousands of peoples minds -- they too knowingly lied and assisted in the bs coming down on the pubic. Not a good company record AD affliates themselves with.
A court action is brought before the Paris Court. NPCube and Farlan will have to account for the 3 following charges of indictment:
- Software counterfeit
- Non-respect of the right to credit and paternity
- Unfair competition and parasitism
The writ is also served upon the same charges on César Jacquet, jointly with the companies NPCube and Farlan.
September 2007- [VWORLD - Paris Court]
The first hearing took place on the 6th of September, 2007, before the Paris Court. However, Farlan and NPCube's lawyers did not appear before the Judge, whereas they were to file their submissions on that occasion. Due to their not coming to this first hearing, the hearing is postponed to the 19th of October.
Although NPCube and Farlan did not file their submissions with the Paris Court to address the lawsuit brought up against them by VWORLD in April 2007, NPCube has issued a writ against VWORLD on September 21 before the Commercial Court of Clermont-Ferrand. VWORLD is charged with unfair competition and damage to NPCube's reputation, and VWORLD's lawyers are invited to file their submisions on October 5th, 2007.
October 5, 2007- [VWORLD - Commercial Court of Clermont-Ferrand]
VWORLD's defense appears on the 5th of October, 2007 and therefore files its submissions within the time allowed before the Commercial Court of Clermont-Ferrand. According to NPCube, VWORLD would be responsible for:
1- Dark and Light's failure
2- NPCube/SnailGame partnership's failure on DnL Asia
3- NPCube/University of Reunion Island partnership's failure on the E-Campus project
Besides, NPCube claims today having been making use of SCAPER for the development of the Mafate game engine and the Dark and Light's MMORPG.
Octobre 19, 2007- [VWORLD - Paris Court]
The second hearing before the Paris Court takes place. Whereas they were to file their submissions at last, neither NPCube nor Farlan's lawyers appear before the Judge, for the second time. This hearing is marked by two sudden new developments:
- NPCube and Mr César Jacquet's defense counsel goes back on his commitments to his clients and entrusts the case to another lawyer
- Farlan's lawyer is struck of the bar and de facto does no longer represent the off-shore Mauritian company
The new lawyer of NPCube, Mr César Jacquet and Farlan explains later on the same day that he has filed his submissions after the hearing, due to French public sector workers' strike.
The defendants' reply is finally indicated: NPCube, Farlan and Mr César Jacquet's lawyer has asked the Court to purely and simply dismiss the case on technicalities and has not brought forward any submission or comment on the three charges of indictment (software counterfeit, non-respect of the right to credit and paternity, unfair competition and parasitism). The next hearing before the Paris Court is scheduled for December 7, 2007.
Therefore no answer from the defense. New idea for your poll: NPCube/Farlan/Jacquet stick to their (oh-so-famous) strategy of delay after delay: Is this a surprise to you ?
1-No
2-Yes
3-I am a pioneer, and I am still waiting for the map I bought, so I'd rather not vote.
It would appear as though Farlan is trying to imply that because of the lawsuit, the game is as crappy as it is. Trying to weasel the idea that if they win, the game will get better.
Problem is, they already admitted they havent a clue how their own works.
They already have proven they havent a clue about how any game works.
Trying to imply that a lawsuit against them for the games status and their own bad rep itself will be magically dispersed once this lawsuit is over is yet another new low for them.
Its absolutely incredible the depths these guys go.
Just want to clarify something _Pix_. While going through the recent updates, I somehow got the idea that Farlan is also blaming you for their deal going sour with Snailgames. Is this true, and does it mean that SG has effectively bailed on them? "cause that's one of the things I've been hoping all of this attention would result in.
Unfortunately, I don't know about the particulars of the deal between SnailGame and NPCube. What I know is that NPCube (not Farlan) now pretends that VWORLD damaged this partnership (but also its partnership with the University of Reunion Island) to the point it considers VWORLD must pay for these apparent failures. This is what the accusation of NPCube is about.
But Mr Cesar Jacquet posted just yesterday on the DnL forums: unfortunately it has not been translated into English, so you may Google it but here's the link:
Just to comment quickly: Cesar Jacquet states that these 2 partnerships have not failed. He also states that:
- Farlan's lawyer has decided to make a carrier in the movie business.
- NPCube's lawyer has moved house, so is still in charge, but has changed bar.
- the new lawyer (from the Paris bar) which represents them went on foot ( I quote: a "pedestrian" lawyer , and was caught in the "massive strike"), that is why he arrived too late for the hearing and handed over its submissions later on
Cesar Jacquet signs on behalf of NPCube AND on behalf of Farlan and concludes by stating "we consider that the on-going lawsuits should remain private".
Consequently I made another update on www.pourieux.com, in which I state:
- I was glad to hear that NPCube's partnerships were going on fine (and I truly think VWORLD shares my views )
- C. Jacquet was indeed confirming Farlan's lawyer had been struck from the bar
- NPCube's former lawyer was not named on the submissions the new pedestrian lawyer brought with delay, and therefore could not possibly still represent them
- I was surprised NPCube/Farlan/Jacquet new lawyer did not apparently have a chance to give a call to the Clerck's Office ( maybe Paris' networks were too busy/disfunctionning) which would have spared VWORLD's lawyer two hours of useless waiting on his schedule that day (and he was also a "pedestrian but not late)
- that I considered it was particularly improper from C.Jacquet to claim the case should reamain private since it was Farlan which first spread the news publicly in 2005 that they were attacking me (without ever attacking me for real) and it was NPCube which also publicly stated that some of its former employees had corrupted the code and that I personnally tried to extort money from them.
Well, that's all for today folks!!!
PS: Do you think a little bit of French wine might taste good with buttered popcorn?
I do know one thing, when this is in fact over, I personally will pop open a bottle in honour of _Pix_ and toast his good fortune! Farlan is just making a mess all over the place..this is just tooo toooo funny to watch!!!
Comments
And I guess you apologize also for this:
http://www.darkandlight.com/forum/showthread.php?t=34308&highlight=bigworld
Correct, wow, dont you guys read at all?
The engine is the mafate engine (http://www.npcube.com/html/technologies.htm), the server cluster is BIGWorld (http://www.bigworldtech.com/) , the is one world, made of many servers on a cluster..no zones or loading times.
You were wrong: BigWorld has nothing to do with that. VWorldTerrain IS the seamless terrain technology allowing no loading times in DnL: the terrain is 100% on the client part and this is the only reason why they are no zones/loading times in DnL. My tip: next time be careful with marketing lies.
Again... you were wrong. Nobody sued me. My tip: next time don't believe in rumors.
My third and last tip today: next time, don't participate to a massive disinformation campaign against a developer. This does not help in any case the community of developers to develop good games for you to play with.
Need more? I don't think, isn'it?
Do you plan to apologize on the DnL official boards and to speak the truth there also?
No, it's not only a flight sim
Current Work In Progress
Bah, give Mr. Bloodworth time _Pix_ --- he is just now coming to see one part of the truth of the entire Farceland fiasco, he will eventually see his current assessment of the legality behind it all is also wrong, in all aspects. Just takes awhile for some people to have things sink in is all
cheers to you Mr. _Pix_!
Thanks for the updates Mr. _PIx_. This is about the only interesting part of this game, watching Farceland/NPFleece get sued. Pleez keep us informed, I will be back near the end of Oct to see if the yellow-bellied team showed up.
Latest update:
(I am copy/pasting the info on http://www.pourieux.com/DnLHistoryEn.htm )
Although NPCube and Farlan did not file their submissions with the County Court of Paris to address the lawsuit brought up against them by VWORLD in April 2007, NPCube has issued a writ against VWORLD on September 21 before the Commercial Court of Clermont-Ferrand. VWORLD is charged with unfair competition and damage to NPCube's reputation, and VWORLD's attorneys are invited to file their submisions on October 5th, 2007
So... NPCube and Farlan laywers did not show up on the 6 September and now NPCube is sueing VWORLD for unfair competition and damage to its reputation. It seems that VWORLD now is held responsible for the apparent failure of DnL. Interesting concept, isn't it?
FYI, another case against NPCube was postponed again in Reunion Island. The story seems neverending. But as far as I am concerned, I won't drop the ball.
No, it's not only a flight sim
Current Work In Progress
Just a delay tactic is all. With all the evidence they have personally publicly aired, THEIR STATUS hasnt a leg to stand on. BWAHHAHAHAAAA this is just toooo tooo rich!!!
VWORLD ruined their rep??? BWHAHAHAAHAAAAA I Guess thousands of pages of customer testimony, game reviews, company publications, articles of "DNL: what not to do" are alllllll the product of VWORLD instead of Farceland and NPFleece eh? BWHAHAHAAAAAAA BWAHAHHAHAAAAA BWHAHAHAHAHAHAAAA How in gawds name can they possibly believe this wont get laughed out of court!?!? BWHAHAHAHAAAA BWHAAHHAHAHAA BWAHHAHAHAAHA
GRAB THE POPCORN!!! GRAB A SEAT!! SIT BACK AND ENJOY THE SHOW PEOPLES!!!! BWAHAHAHAHAAAAAAA
Hmmm, did a little searching on the web for a little information on "unfair competition" -- the US definition anyway (not sure if France is involved in the WTO (which the US and many other countries are) which involves international regulations regarding various trade and commercial areas) but heres a laymans def:
.......The most familiar example of unfair competition is trademark infringement. Another common form of unfair competition is misappropriation. This involves the unauthorized use of an intangible assets not protected by trademark or copyright laws. See also Right of Publicity. Other practices that fall into the area of unfair competition include: false advertising, "bait and switch" selling tactics, unauthorized substitution of one brand of goods for another, use of confidential information by former employee to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services.
Along with copyright issues, trademark and unfair competition issues are growing concerns in the on-line world. Two of the copyright cases mentioned earlier held that distribution of copyrighted material amounted to violation of the copyright holder's trademark, as well as unfair competition.[621]
Federal trademark law provides that:
of note:
.......Accessing a non-U.S. computer information service, by modem or computer network, which contains trademarked materials, and then downloading these materials into the United States may constitute an importation, as the statute is not limited to specific modes of transporting the imported materials.......
Just a few of the thousands of snippets of info regarding unfair competition out there.
My biggest thot with this is NPFleece/Farcelands total disregard for all of their own incompetencies, inexperience, and blatant, false, and misleading, and libelous publications by their own hand! Do they not think that several sites maintain archived posts? Do they not think that several game review sites do not maintain archived articles? Do they not think that their own statements, misleading statements in press releases (also archived as well as currently viewed) would not in fact deliver the opinion that nothing and nobody other than their own means have "destroyed the reputation" as well as their own incompetent and stated inexperience and ignorance of their own product (yes! this is in print as a statement made by one of the honchos at Farceland/NPFleece).
Claiming the right to secure copyright and/or trademark against unauthorized use as well as claiming the right to defend oneself against libelous statements does not an "unfair competition" nor a "destruction of reputation" make.
Farceland/NPFleece has allowed this very same allegation against another to happen solely by their own actions.
Will be interesting to see how the French courts bring this out. Here in the US, the judge may even get pissed at the frivolousness of the filing , dismiss and possibly even fine them to boot ! BWHAHAHHAAAAAAAA
One thing is certain to me... in 2005 NPCube and Farlan announced (and AD and fans spread the Good Word ):
1-I had been developing a technology at NPCube and then sabotaged the work
2-I had been trying to extort money from them
3-they were attacking me
This is what I would call destruction of reputation.
NPCube has also filed a complaint against one of their former employee (whom they fired) on the grounds of his stealing confidential data from NPCube on behalf of VWORLD. The court dismissed this case twice.
Now NPCube sues VWORLD whereas their lawyers did not appear at the first hearing in the case VWORLD brought agaisnt them prior to their present action.
This is what I would call saturating the courts.
Just pile on popcorn, as you said, show must apparently go on.
No, it's not only a flight sim
Current Work In Progress
Thing is, they CAN NOT DENY their own actions as these were published, in some cases by employees of DNL themselves, and/or through the use of various media (press releases, published interviews, etc) and are still available for viewing or archived in several different areas all across the web. Evidence of their less than truthful statements and misleading statements regarding much of what DNL/Farceland/NPFleece is about or has done or is about to do or status etc etc are blatant provable lies!
BWahahhahahaha They honestly should file suit against their own selves!! They would have a better chance of winning! BWahhahahahahahaaaa Wait! Bwhahahhahaha They will prolly screw that up too! BWahahahaaaaaa
Why is this game still here on MMORPG....It barely is a MMORPG in my respect to it as the worst MMORPG ever made period. POS like this needs to die and I hope the VNworld guy wins and this gets shut down.
I was the first few in beta for this game way back and people would bash me on forums about when I knew of ill practices this company used and of how bad the game was with all the promises these developers made to the people then. It was horrible. Although that was long time ago and my forum name I could devulge and some older D&L fans might recall my posts that often became heated flame wars because I would say how bad the game sucked and of important info like this company is doing nothing to put content in and will only cause financial problems for you if you buy into it.
This company could of very well been another Horizons type of company but it never escalated to that degree as the fate of the game floped early.
I broke NDA a few times on this while in beta then but only because I had to and was also part of the original beta team that included a (no name will be disclosed team member) who thought that the problems where to good to let them not be told before release. Well we was all right when the game released how many of you was so disapointed?
Aye. There were actually quite a few NDA breakers with much the same train of thought as you -- the game was just soooo borked and forked it couldnt be held in when faced with the bald-faced lies they saw nearly everyday from Farlan. Crap really hit the fan with the lies of SOG/DNL. Shortly before the release of the "stand alone gift to the loyal fans", several former beta testers came out from under the rocks and started telling the truth. When the SOG did release, they REALLY came out and Farceland/NPFleece and AD alllll lied through their teeth. Some were even harassed all over the web instead of just booted and banned at the dnl site. LOL
Most however were done under psuedo-names and Farlan never had a clue as to who they were and who they still are.
Their actions now only lend credence to the general impression they have owned since beta ---- laughingstocks of the mmorpg industry.
Thank you for that thought. It was a very tough time for all of us who went through beta as loyal fans to see if the game would see Light *no pun intended*, but it did not.
I do hope you understood the comment was about Farceland/NPFleece and not about the beta testers. Beta testers were trying like heck to not break the nda but the lies from Farceland/NPFleece was just too much.
And now for Farceland/NPFleece to come out publicly and in a court of law turn around and try an opposing suit against the man they have harassed, stolen from, decieved and misaligned the last coupla years is indeed a hilariously sad situation. Its mindboggling what Farceland/NPFleece seems to think they can cover up with bs. Mindboggling.
DnL's NDA was simply a good way to bs people with complete impunity, by taking betatesters hostages (but also NPCube's developers as well, who could not take the liberty of denouncing the lies) .
Farlan's people (therefore including those among the members of NPCube who also enjoyed a fellowship at Farlan ) announced dates that were not validated by the professional developers at NPCube.
Someone posted a History end 2005 of the various release dates that were successively announced: Interesting read ...
Fascinating to see Alchemic Dream closed this thread by arguing people should not live in the past when you consider they took the initiative to relay so many lies. And where's AD now??? Happily living in the virtual future? Not taking responsiblity for its own doings whereas they themselves announced they were Farlan's partners? Humm silly I am, I forgot they were acting "upon orders". lol
Also fascinating to see that betatesters themselves were held responsible for Dark and Light's failure. And now NPCube is not ashamed of accusing VWORLD company in turn of being responsible for that failure...
No, it's not only a flight sim
Current Work In Progress
DnL's NDA was simply a good way to bs people with complete impunity, by taking betatesters hostages (but also NPCube's developers as well, who could not take the liberty of denouncing the lies) .
Farlan's people (therefore including those among the members of NPCube who also enjoyed a fellowship at Farlan ) announced dates that were not validated by the professional developers at NPCube.
Someone posted a History end 2005 of the various release dates that were successively announced: Interesting read ...
Fascinating to see Alchemic Dream closed this thread by arguing people should not live in the past when you consider they took the initiative to relay so many lies. And where's AD now??? Happily living in the virtual future? Not taking responsiblity for its own doings whereas they themselves announced they were Farlan's partners? Humm silly I am, I forgot they were acting "upon orders". lol
Also fascinating to see that betatesters themselves were held responsible for Dark and Light's failure. And now NPCube is not ashamed of accusing VWORLD company in turn of being responsible for that failure...
Aye Farceland/NPFleece is and had ruined reputations of most of whom had any contact with them. AD is still going but they left a nasty aftertaste in thousands of peoples minds -- they too knowingly lied and assisted in the bs coming down on the pubic. Not a good company record AD affliates themselves with.
A new update... (source)
April 2007- [VWORLD - Paris Court]
A court action is brought before the Paris Court. NPCube and Farlan will have to account for the 3 following charges of indictment:
- Software counterfeit
- Non-respect of the right to credit and paternity
- Unfair competition and parasitism
The writ is also served upon the same charges on César Jacquet, jointly with the companies NPCube and Farlan.
September 2007- [VWORLD - Paris Court]
The first hearing took place on the 6th of September, 2007, before the Paris Court. However, Farlan and NPCube's lawyers did not appear before the Judge, whereas they were to file their submissions on that occasion. Due to their not coming to this first hearing, the hearing is postponed to the 19th of October.
Although NPCube and Farlan did not file their submissions with the Paris Court to address the lawsuit brought up against them by VWORLD in April 2007, NPCube has issued a writ against VWORLD on September 21 before the Commercial Court of Clermont-Ferrand. VWORLD is charged with unfair competition and damage to NPCube's reputation, and VWORLD's lawyers are invited to file their submisions on October 5th, 2007.
October 5, 2007- [VWORLD - Commercial Court of Clermont-Ferrand]
VWORLD's defense appears on the 5th of October, 2007 and therefore files its submissions within the time allowed before the Commercial Court of Clermont-Ferrand. According to NPCube, VWORLD would be responsible for:
1- Dark and Light's failure
2- NPCube/SnailGame partnership's failure on DnL Asia
3- NPCube/University of Reunion Island partnership's failure on the E-Campus project
Besides, NPCube claims today having been making use of SCAPER for the development of the Mafate game engine and the Dark and Light's MMORPG.
Octobre 19, 2007- [VWORLD - Paris Court]
The second hearing before the Paris Court takes place. Whereas they were to file their submissions at last, neither NPCube nor Farlan's lawyers appear before the Judge, for the second time. This hearing is marked by two sudden new developments:
- NPCube and Mr César Jacquet's defense counsel goes back on his commitments to his clients and entrusts the case to another lawyer
- Farlan's lawyer is struck of the bar and de facto does no longer represent the off-shore Mauritian company
The new lawyer of NPCube, Mr César Jacquet and Farlan explains later on the same day that he has filed his submissions after the hearing, due to French public sector workers' strike.
No, it's not only a flight sim
Current Work In Progress
omg this drama is still not over.
p.s. Hi everyone
Futilez[Do You Have What It Takes ?]
yeah, but this is one of my favorite threads on this site... i have this tread bookmarked !
Lol. Great poll!
The update of the day:
October 24, 2007- [VWORLD - Paris Court]
The defendants' reply is finally indicated: NPCube, Farlan and Mr César Jacquet's lawyer has asked the Court to purely and simply dismiss the case on technicalities and has not brought forward any submission or comment on the three charges of indictment (software counterfeit, non-respect of the right to credit and paternity, unfair competition and parasitism). The next hearing before the Paris Court is scheduled for December 7, 2007.
Therefore no answer from the defense. New idea for your poll: NPCube/Farlan/Jacquet stick to their (oh-so-famous) strategy of delay after delay: Is this a surprise to you ?
1-No
2-Yes
3-I am a pioneer, and I am still waiting for the map I bought, so I'd rather not vote.
No, it's not only a flight sim
Current Work In Progress
BWHHAHHAAAAHAHAAAAHAHAAAAA!!!!
WITH BUTTER!!!! WOOT!! LOLOLOOOL
Keep at it Mr _Pix_. Even the french courts can see through their bull.
It would appear as though Farlan is trying to imply that because of the lawsuit, the game is as crappy as it is. Trying to weasel the idea that if they win, the game will get better.
Problem is, they already admitted they havent a clue how their own works.
They already have proven they havent a clue about how any game works.
Trying to imply that a lawsuit against them for the games status and their own bad rep itself will be magically dispersed once this lawsuit is over is yet another new low for them.
Its absolutely incredible the depths these guys go.
Just want to clarify something _Pix_. While going through the recent updates, I somehow got the idea that Farlan is also blaming you for their deal going sour with Snailgames. Is this true, and does it mean that SG has effectively bailed on them? "cause that's one of the things I've been hoping all of this attention would result in.
Oh, and keep on truckin', man!
Unfortunately, I don't know about the particulars of the deal between SnailGame and NPCube. What I know is that NPCube (not Farlan) now pretends that VWORLD damaged this partnership (but also its partnership with the University of Reunion Island) to the point it considers VWORLD must pay for these apparent failures. This is what the accusation of NPCube is about.
But Mr Cesar Jacquet posted just yesterday on the DnL forums: unfortunately it has not been translated into English, so you may Google it but here's the link:
http://www.darkandlight.com/forum/showthread.php?t=70889
Just to comment quickly: Cesar Jacquet states that these 2 partnerships have not failed. He also states that:
- Farlan's lawyer has decided to make a carrier in the movie business.
- NPCube's lawyer has moved house, so is still in charge, but has changed bar.
- the new lawyer (from the Paris bar) which represents them went on foot ( I quote: a "pedestrian" lawyer , and was caught in the "massive strike"), that is why he arrived too late for the hearing and handed over its submissions later on
Cesar Jacquet signs on behalf of NPCube AND on behalf of Farlan and concludes by stating "we consider that the on-going lawsuits should remain private".
Consequently I made another update on www.pourieux.com, in which I state:
- I was glad to hear that NPCube's partnerships were going on fine (and I truly think VWORLD shares my views
)
- C. Jacquet was indeed confirming Farlan's lawyer had been struck from the bar
- NPCube's former lawyer was not named on the submissions the new pedestrian lawyer brought with delay, and therefore could not possibly still represent them
- I was surprised NPCube/Farlan/Jacquet new lawyer did not apparently have a chance to give a call to the Clerck's Office ( maybe Paris' networks were too busy/disfunctionning) which would have spared VWORLD's lawyer two hours of useless waiting on his schedule that day (and he was also a "pedestrian but not late)
- that I considered it was particularly improper from C.Jacquet to claim the case should reamain private since it was Farlan which first spread the news publicly in 2005 that they were attacking me (without ever attacking me for real) and it was NPCube which also publicly stated that some of its former employees had corrupted the code and that I personnally tried to extort money from them.
Well, that's all for today folks!!!
PS: Do you think a little bit of French wine might taste good with buttered popcorn?
No, it's not only a flight sim
Current Work In Progress
By the way, it appears a California Chardonnay is recommended for popcorn.: http://www.metroactive.com/papers/sonoma/07.26.01/dining-0130.html
Glad I live in Cali.
Thanks for clearing that up a little, _Pix_.By the way, it appears a California Chardonnay is recommended for popcorn.: http://www.metroactive.com/papers/sonoma/07.26.01/dining-0130.html
Glad I live in Cali.
woohooo!!! lololololol
I do know one thing, when this is in fact over, I personally will pop open a bottle in honour of _Pix_ and toast his good fortune! Farlan is just making a mess all over the place..this is just tooo toooo funny to watch!!!
More popcorn please......