2012-05-23, 10:21 AM
Eos Wrote:Near the beginning, while naming defendants.
Part of the Nexon TOS btw is agreeing to the venue in which all suits occur. IE: You agree to be sued in California according to California law, regardless where you live and that you will use the California court for any suits you bring against Nexon.
This only applies to the claims for breaches of contract. It is a contractual term governing the law under which the contract operates.
For the other claims - copyright etc that still depends on other things - eg for copyright - probably where the infringement took place. Which is also California if hacker lived there. Though for the defendents in the US probably makes no diff since laws similar.
anyway if they are outside of the US, they can just refuse to appear for lack of jurisdiction. so the guy in china probably will escape because it will take heaps of time + money for nexon to try get the chinese govt to help them or something.
Office in Delaware - not necessarily. Al it means is that it was incorporated under Delaware law, probably to take advantage of the lower taxes. It might not even have any offices there, or maybe just a shell office.
also nexon is probably saying like they caused billions of dollars of damage as a bargaining chip in hoping to get them to settle.
Interesting things
Nexon has not included in the claim enforcement of the clause in the TOS which says "if you h@ck you agree to pay nexon 5000 damages". Many people made a big fuss over this when they first made you have to click the TOS to enter the game. Of Course any lawyer will tell you that this is a nonsense clause which is not enforceable under any law.
Also interesting, Nexon are arguing copyright infringement by creating a derivative copy of the game. This I find quite fascinating, (probably because I am studying copyright). Nexon are saying they are making an altered version of the game in the computer memory (that is the game plus the inj3cted h@ck). While I am not sure that will succeed, since I think temporary copies in computer memory do not count as a copy in many copyright laws.
Also is Ryan a guy or girl? I mean has he used the name Alexandria? Are they like a siblings h@cking team? Is he a G.I.R.L.? a transvestite? I used to think he was a girl until the law suit revealed his name to be ryan. Now I am a bit confused. :f6: