Dark and Darker developer did not commit copyright infringement, court rules, but has to pay Nexon nearly $6 million anyway

South Korean Court Rules on Dark and Darker Legal Battle: Ironmace Found Guilty of Trade Secret Infringement

A South Korean court has delivered its verdict on the legal battle between Dark and Darker developer Ironmace and gaming giant Nexon. While the court ruled that Ironmace did not infringe on Nexon’s copyright, the studio was found guilty of violating Nexon’s trade secrets. As a result, Ironmace must pay 8.5 billion won (approximately $5.9 million) in damages.

The Dispute Between Nexon and Ironmace

The legal issues began in early 2023 when Dark and Darker, a fantasy PvPvE game by Ironmace, made waves in the gaming community despite being in a rough alpha state. Nexon, which had previously worked on a similar project codenamed P3, accused Ironmace of using stolen code and assets to build Dark and Darker. Ironmace, founded by former Nexon employees, denied the allegations, claiming no wrongdoing.

After Nexon filed a complaint, the game was removed from Steam in March 2023. However, Ironmace turned the delisting into a PR win, distributing the game via BitTorrent, a move that generated considerable attention. The game returned to Steam in June 2024 after a court dismissed Nexon’s preliminary injunction against it.

What the Court Ruling Means

In its ruling, the court concluded that Ironmace had not infringed Nexon’s copyright. This decision means that Dark and Darker did not directly copy or misuse copyrighted materials from Nexon. However, the court found that Ironmace had improperly used trade secrets from Nexon.

But what exactly is the difference? Copyright protects original works like photos, books, or music, while trade secrets are confidential information that holds economic value. Nexon argued that Ironmace had used its secret knowledge of the P3 project to build Dark and Darker—a project that Nexon had kept under wraps.

Financial Consequences for Ironmace

Despite the court’s ruling on copyright, the judgment on trade secrets could be a costly blow to Ironmace. The studio must now pay a hefty sum in damages, which could impact its future operations. The ruling, however, does not necessarily mean the end of the legal saga. Nexon has indicated its intention to appeal, seeking further legal action in a higher court.

The Future of Dark and Darker

For now, Dark and Darker continues to thrive. The early access version of the game holds a “mostly positive” user rating on Steam, and the player base remains strong, with nearly 14,000 players online at any given time. Despite the ongoing legal battles, the game’s popularity appears unaffected.

Ironmace’s ability to maintain a dedicated player base speaks to its resilience and the game’s appeal, which seems to resonate with fans. However, with Nexon poised to challenge the ruling, the future of Dark and Darker could still be uncertain.

What’s Next for Ironmace?

While the game is doing well and continues to attract players, the legal battles may not be over. Nexon’s statement on the ruling suggests that it plans to take the case to a higher court. If the appeal succeeds, it could lead to more financial and legal challenges for Ironmace.

In the meantime, gamers will no doubt be watching closely to see how this case unfolds. Will Ironmace settle the dispute, or will it continue fighting Nexon in the courts?

Join the Conversation

What are your thoughts on the ruling? Do you think Nexon’s claims were justified, or is Ironmace the victim of unfair legal battles? Share your opinions with us, and stay tuned for updates as the story develops.