Nexon Wins First Trial in 'Dark & Darker' Copyright Lawsuit – A Parallel to the 'NewJeans Incident'

In the first trial of the copyright lawsuit over Dark & Darker, a case that has drawn comparisons to the so-called "NewJeans incident" in the gaming industry, Nexon has effectively secured a victory. This outcome has heightened interest in how the ongoing legal battle between HYBE (Ador) and Min Hee-jin, along with the fate of NewJeans, will unfold.

Court Ruling: Nexon Prevails in Copyright and Trade Secret Dispute

On February 13, 2025, the 63rd Civil Division of the Seoul Central District Court (Presiding Judge Park Chan-seok) ruled on the copyright lawsuit between Nexon and Iron Mace. While the court found that Dark & Darker did not infringe upon the copyright of Nexon's unreleased project P3, it determined that Iron Mace’s founders had illegally exported P3-related data when leaving Nexon. As a result, the court ordered them to pay 8.5 billion won in damages for trade secret infringement.

This ruling is seen as a significant win for Nexon, as the awarded damages represent the full amount initially claimed. Additionally, the court assigned 80% of litigation costs to the defendants and only 20% to Nexon, further reinforcing the verdict in Nexon’s favor.

Nexon's demand for 8.5 billion won was a partial claim, covering only a portion of the potential damages. With this victory in the first trial, Nexon is expected to increase its claims significantly in the appeal, with industry estimates suggesting a total claim exceeding 20 billion won.

Background of the Lawsuit: A Four-Year Legal Battle

The dispute dates back to August 2021, when Nexon accused Choi, the former head of Project P3, of leaking confidential data, including source code and project materials, to a private server. Nexon alleged that this stolen data was used to develop Dark & Darker after Choi and his team left the company. Iron Mace, on the other hand, argued that the similarities between the two games were simply a result of shared game development ideas, accusing Nexon of using its corporate influence to suppress smaller companies.

After nearly four years of litigation, Nexon’s victory in this case is expected to set a legal precedent for future copyright and trade secret disputes in the gaming industry. The ruling may also deter further copyright violations, reinforcing corporate protections for intellectual property.

As the lawsuit dragged on, public sentiment toward Dark & Darker turned increasingly negative. Even Krafton, once a key supporter of Iron Mace, eventually distanced itself from the company.

The 'NewJeans Incident' – A Parallel in the Entertainment Industry

This case has been widely compared to the HYBE vs. Min Hee-jin & NewJeans dispute in the entertainment industry, where a hired leader attempted to claim ownership over a project despite the parent company's investment and oversight.

The controversy began when HYBE, the entertainment powerhouse, established Ador as a subsidiary and appointed Min Hee-jin as its CEO. HYBE granted Min full creative authority and invested heavily in launching NewJeans, a K-pop group that quickly became a global sensation.

However, after NewJeans rose to prominence, Min allegedly attempted a takeover of Ador, seeking to separate it from HYBE’s control. When her actions were discovered, she was removed from her CEO position. In retaliation, she filed a lawsuit against HYBE to reclaim her role but ultimately lost in court. Since then, Min has continued efforts to separate NewJeans from HYBE, with allegations of "tampering"—a term referring to illicit contact with artists before the end of their contracts.

NewJeans' Independence and Industry Backlash

Following Min's departure, the NewJeans members unilaterally terminated their contracts with Ador, changed their group name to NJZ, and began working independently—despite having nearly five years remaining on their contracts.

This has sparked intense criticism from five major South Korean entertainment organizations, including the Korea Management Association and the Korea Entertainment Producers Association. These groups condemned the members' contract termination as destabilizing the K-pop industry, warning that such actions could undermine trust between artists and agencies.

While the core asset of a gaming company is its intellectual property, in entertainment, an agency’s primary asset is its artists. The NewJeans case mirrors the Dark & Darker lawsuit, as both involve individuals attempting to take control of an organization’s key assets. However, unlike a game, an idol group has a dedicated fandom and public support, complicating the legal and public relations landscape.

Legal Proceedings and Upcoming Court Hearings

The NewJeans dispute has now entered the courtroom.

• March 7, 2025: The first hearing on Ador’s injunction against NewJeans to prevent them from signing independent contracts (including advertising deals).

• April 3, 2025: The first court session for the lawsuit to confirm the validity of NewJeans' exclusive contract with Ador.

The outcomes of these cases could reshape contract enforcement in both gaming and entertainment industries, influencing how companies protect their investments and intellectual property.

source: https://n.news.naver.com/article/008/0005160307?sid=105