NCSoft denied attempts at offers


Agent White

 

Posted

Any way we can turn this around to favour us somehow ?


 

Posted

It is based on an article written by one of the posters over on the Titan Network forums (Downix I believe wrote the Addicting Info article).

So, how accurate that is, make up your own mind.

I have problems with *this* article in the 1st place.

Quote:
But with NCSoft, even a simple notice on the Main page is suspect, thanks to the precedent set just a couple years back with the forging of Richard Garriot’s resignation. Sorry, fool me once shame on you.
I have posted about the validity of the rumor of NCsoft forging RG's letter... I find it unlikely.

Quote:
Originally Posted by Kosmos View Post
NCSoft wrote the resignation letter, not Garriott. When Garriott refused to sign and accept it as his own, that meant it could not be legally attributed to him. NCSoft did so anyway (it was their first line of attack in the court case). That's one of the primary definitions of forgery: To write a document to pass off as being authored by another.
Ok, I am assuming that we are referring to the letter to NCsoft management and *NOT* to the "Letter to the players" correct?

Can you provide a link for that information? Or is it all dependent on how you read the documents that I have been able to find?
Original court ruling
Appeals Ruling and information

The reason why I am asking for this, is to at least build upon the information i have to hand.

I have found this article from the attorneys who worked on the case.

Quote:
Because NCsoft mischaracterized his termination as voluntary
Ok, the other reason why I believe that this has been viewed as "faked/forged" by other people is because of what NCsoft also said in the court case in that:
Quote:
At the close of trial, NCsoft objected because the district court did not include a proposed jury instruction that, under Korean law, an employee's resignation is deemed voluntary unless obtained through coercion or intimidation
Now, once again, even if he *didn't* sign it, it would have (in their eyes) still been classified as voluntary[1].

Now granted from Ulimaaiera it does say

Quote:
At the time of his departure, a letter was posted on the Tabula Rasa website saying he was leaving the company due to his interest in spaceflight (Garriott spent 12 days in space as a space tourist). In his legal complaint letter, Garriott said that although he approved the letter, in hindsight (after conversations with NCsoft’s head of North American studios, Chris Chung) he felt the letter was actually a set-up to try and prove that Garriott left of his own free will.
But not once does it say that they forged or faked the letter. It does say that he approved it. What it does imply if *anything* is that NCsoft tried to use the letter as evidence that he was leaving of his own free will. Not that it was faked or forged.

[1]The Korean Supreme Court explained the legal standard:  “When an employer terminates a labor contract relationship ․ by receiving a letter of resignation from an employee and if the employee had no choice but to prepare and submit the letter of resignation even though the employee had no intent to resign, such termination corresponds to a forced dismissal since the termination of the employment contract relationship is based on the employer's unilateral intent.”   Supreme Court, 2005Da38270, Nov. 25, 2005 (S.Kor.).   In the present case, the district court's instruction stated “if an employer has a unilateral intent to terminate the employee and gave the employee no option but to resign, then his resignation is not of his own free [sic] and involuntary.” Source

So, with that in mind, what can we draw from this? That NCsoft *lied* about how dismissal/letters of resignation can be interpreted over in South Korea.

Sure, they might have tried to use his "Letter to the TR players" as proof of "hey this guy is leaving willingly". But doesn't mean that it was forged. The same with the resignation letter (which RG has stated that he never signed).


 

Posted

Quote:
Originally Posted by Gangrel_EU View Post
It is based on an article written by one of the posters over on the Titan Network forums (Downix I believe wrote the Addicting Info article).

So, how accurate that is, make up your own mind.

I have problems with *this* article in the 1st place.



I have posted about the validity of the rumor of NCsoft forging RG's letter... I find it unlikely.



Ok, I am assuming that we are referring to the letter to NCsoft management and *NOT* to the "Letter to the players" correct?

Can you provide a link for that information? Or is it all dependent on how you read the documents that I have been able to find?
Original court ruling
Appeals Ruling and information

The reason why I am asking for this, is to at least build upon the information i have to hand.

I have found this article from the attorneys who worked on the case.



Ok, the other reason why I believe that this has been viewed as "faked/forged" by other people is because of what NCsoft also said in the court case in that:

Now, once again, even if he *didn't* sign it, it would have (in their eyes) still been classified as voluntary[1].

Now granted from Ulimaaiera it does say



But not once does it say that they forged or faked the letter. It does say that he approved it. What it does imply if *anything* is that NCsoft tried to use the letter as evidence that he was leaving of his own free will. Not that it was faked or forged.

[1]The Korean Supreme Court explained the legal standard:  “When an employer terminates a labor contract relationship ․ by receiving a letter of resignation from an employee and if the employee had no choice but to prepare and submit the letter of resignation even though the employee had no intent to resign, such termination corresponds to a forced dismissal since the termination of the employment contract relationship is based on the employer's unilateral intent.”   Supreme Court, 2005Da38270, Nov. 25, 2005 (S.Kor.).   In the present case, the district court's instruction stated “if an employer has a unilateral intent to terminate the employee and gave the employee no option but to resign, then his resignation is not of his own free [sic] and involuntary.” Source

So, with that in mind, what can we draw from this? That NCsoft *lied* about how dismissal/letters of resignation can be interpreted over in South Korea.

Sure, they might have tried to use his "Letter to the TR players" as proof of "hey this guy is leaving willingly". But doesn't mean that it was forged. The same with the resignation letter (which RG has stated that he never signed).
Garriot made the forgery claims - not some news site.


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Posted

Quote:
Originally Posted by JayboH View Post
Garriot made the forgery claims - not some news site.
Errr, can you provide a link please. Because in the *actual court* documentation (which i have linked to), it doesn't mention that the letter was faked.

((And which letter are you talking about here? The letter to the players, or the letter to the management)).

And link please to where he said that... my google-fu is weak right now

I can find references to articles on the web saying that (at the time of the court case) that the letter to the players was faked, but yet, in the court documents *HE HIMSELF* states that the letter was approved and signed off by himself.


 

Posted

The PDF has been deleted - prob due to how much time has passed, but I remember it.


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Posted

Quote:
Originally Posted by JayboH View Post
This has probably been posted before but just in case it wasn't:


"...and ignored any and all offers."
Ironclad proof. Thanks, JayboH, for proving that people are still gullible as guppies.


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This is really doom.

 

Posted

Quote:
Originally Posted by JayboH View Post
The PDF has been deleted - prob due to how much time has passed, but I remember it.
Would This be the file you are looking for?

In that PDF file, it says:
Quote:
Shortly after the "quarantine call," NCsoft prepared and present an "open letter" to Mr. Garriott, announcing Mr. Garriott's departure from the company. That letter was drafted by NCsoft but purported to be from Mr. Garriott to the Tabula Rasa players. The letter announced that Mr. Garriott was "leaving Ncsoft to pursue [new] interests." Though NCsoft's letter omitted details about the circumstances surrounding Mr. Garriott's departure, Mr. Garriott saw no reason at the time to object to those omissions, and he did not object to NCsoft posting the letter on the Tabula Rasa website.
And what he said during the appeals case supports this as well. In fact, it clarifies his side a bit more.

Quote:
Later that day, NCsoft sent Garriott a press release announcing his departure to Tabula Rasa fans. Garriott reviewed and signed the announcement, which stated that “I am leaving NCsoft to pursue [other] interests.”   NCsoft subsequently prepared a resignation letter for Garriott's signature addressed from him to the company, but Garriott did not sign the letter.
Thankfully, I have now gained *another* link that I was originally looking for.


 

Posted

Quote:
Originally Posted by Angry_Citizen View Post
Ironclad proof. Thanks, JayboH, for proving that people are still gullible as guppies.
My favorite part is that you quoted my post, indicating no mention of any proof, ironclad or not.


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Posted

Having heard from the 'small studio' that made an offer, I rather suspect that none of the offers made were credible.

If they were, they could step up and say who they are.

None of this is even faintly believable. It's right up there with the $80 million Trion offer. (Hey, for all we know, that might be one of the two this idiot is 'reporting.')


 

Posted

Quote:
Originally Posted by Gangrel_EU View Post
Would This be the file you are looking for?

In that PDF file, it says:


And what he said during the appeals case supports this as well. In fact, it clarifies his side a bit more.



Thankfully, I have now gained *another* link that I was originally looking for.
This rides snugly alongside BAB's departure, when we found out he was "moving on to other projects" while on his personal blog he detailed how he was essentially kicked out.


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Posted

Basically, we move forward by educating people about NcSoft's track record. Facts are facts:

1) Tabula Rasa's closure was so horrid it went to court and Garriot was awarded $28 million.

2) The staff on Dungeon Runners had plans to save the game, but were ignored.

3) Paragon Studios and City of Heroes were given zero time to prep.

4) Five MMOs down the drain, City of Heroes will be number six.

Their track record is horrid. The fudge the truth. If you're thinking of buying a NcSoft game (with a monthly fee, one they don't even support properly overseas) be ready hear these words when they decide to pull the plug, "I told you so."


 

Posted

Quote:
Originally Posted by LadyGrimrose View Post
Basically, we move forward by educating people about NcSoft's track record. Facts are facts:

1) Tabula Rasa's closure was so horrid it went to court and Garriot was awarded $28 million.
The court case with Richard Garriott was *never* about the closure of the game though. It was over how his dismissal was classified and therefore being forced to sell his stock earlier than he personally wanted to.

Quote:
2) The staff on Dungeon Runners had plans to save the game, but were ignored.
Actually, going from what the developer himself said
Quote:
We've been trying to figure out how to fix things for some time now. And, that's where things get sticky. We've got some ideas that could work. But, they're expensive to implement and pretty risky. Those two facts, coupled with the recent loss of some key developers, make achieving the success we seek pretty much out of the question.
(source: Dungeon Runners Website)

Quote:
3) Paragon Studios and City of Heroes were given zero time to prep.

4) Five MMOs down the drain, City of Heroes will be number six.

Their track record is horrid. The fudge the truth. If you're thinking of buying a NcSoft game (with a monthly fee, one they don't even support properly overseas) be ready hear these words when they decide to pull the plug, "I told you so."
Errr, City of Heroes is number 5 in the Western Market that they have shuttered.

They have although closed down the *korean* server for Point Blank and Dragonica (the latter has since re-opened in that region). But as those games have multiple publishers per region, it is hard to know why they decided to shutter the service (revoke of license possibly?)

Dragonica is actually open in the Western Market (AFAIK, NCsoft *never* released it in this market) it has different publishers depending on where it is released, and it has also re-opened in the Korean market.


 

Posted

Quote:
Originally Posted by Gangrel_EU View Post
Would This be the file you are looking for?

In that PDF file, it says:


And what he said during the appeals case supports this as well. In fact, it clarifies his side a bit more.



Thankfully, I have now gained *another* link that I was originally looking for.
I can't find the original judgment, but I can find the order for entering the judgment: http://docs.justia.com/cases/federal...pdf?1283432145

As to the letter itself, some of the context of that letter is probably in the trial transcripts only, but the order for entry of judgment does make what I believe to be a tangential reference to it:

Quote:
Defendant simply focuses on the evidence presented at trial showing Chung never used the words “fired” or “laid off” during his conversation with Plaintiff. See Def. Mot. at 4. Further, while there may have also been evidence indicating Plaintiff made statements indicating NCsoft “encouraged [him] to pursue other options” and that he had been “asked to resign” such statements do not show a reasonable jury could not have found Plaintiff was terminated. Id. at 4-5. It is hardly surprising Plaintiff would wish to downplay his termination during conversations with other employees of NCsoft. In short, there was more than sufficient evidence to support the jury’s verdict and it is clear that Defendant cannot show the jury lacked a legally sufficient evidentiary basis to find for Plaintiff.
I suspect that Garriott's position regarding the open letter at trial was that it was a press release designed to present the departure in its most amicable light, but that he disagreed with its content and only signed off on it because he felt it was only marketing fluff. Its obvious Garriott's position on the letter was that it was not an accurate representation of his position, and while he may have initially signed off on it, he clearly asked for its content to be clarified and not repeated as to his voluntary departure:

Quote:
Though Mr. Garriott told NCsoft that it was mischaracterizing his departure and told NCsoft about the problems that the mischaracterization could cause, NCsoft refused to correct the misstatements.
(from the original complaint).

The case documents make clear that while Garriott may have initially signed off on the press release, his refusal to sign a voluntary resignation letter and his assertions that he repeatedly over time requested that NCSoft not characterize his departure as "voluntary" make it clear that letter did not represent his intent. The fact that NCsoft apparently used it to attempt to show intent when they had overwhelming evidence it did not represent his intent makes it at least a component of an attempt to defraud. Whether its a forgery in the legal sense of the word is a technical issue. It was clearly a) not written by Garriott, b) characterized as being written by Garriott, c) misrepresents his intentions, and d) misrepresents them in a manner that has been legally determined to be fraudulent.

Its probably not a legal forgery, but only in the same sense racing across the street on your hands may not legally be jaywalking.


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Posted

Quote:
Originally Posted by Brillig View Post
Having heard from the 'small studio' that made an offer, I rather suspect that none of the offers made were credible.

If they were, they could step up and say who they are.

None of this is even faintly believable. It's right up there with the $80 million Trion offer. (Hey, for all we know, that might be one of the two this idiot is 'reporting.')
I can say that one of the studios was told, "Yes, we are happy to open negotiations regarding the matter..." (and by the Director of Corporate Communications, at that) and was then stonewalled - no responses to phone calls, emails, clarification of whether other closed negotiations were taking place - anything. The rest of the details are not mine to give, but I can say that much.

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Posted

Quote:
Originally Posted by Nalrok_AthZim View Post
This rides snugly alongside BAB's departure, when we found out he was "moving on to other projects" while on his personal blog he detailed how he was essentially kicked out.
I didn't hear about this - can you explain or link it? I always liked BaBs.


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Posted

Thanks for correcting me, I learned a bit which makes them even more reprehensible. Also, just learned the name for that silly fighting MMO isn't even that original and Namco should seriously be eyeballing them. Granted Soul Blade had become Soul Calibur, it's still a little shadey naming a Fighting MMO that close to a legitimate fighting game's original name.


 

Posted

Quote:
Originally Posted by Dark_Respite View Post
I can say that one of the studios was told, "Yes, we are happy to open negotiations regarding the matter..." (and by the Director of Corporate Communications, at that) and was then stonewalled - no responses to phone calls, emails, clarification of whether other closed negotiations were taking place - anything. The rest of the details are not mine to give, but I can say that much.

Michelle
aka
Samuraiko/Dark_Respite
All I can say is that based on what I've heard from multiple overlapping sources, the people who believe no credible efforts were made to save the game are multiply incorrect.


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Posted

Quote:
Originally Posted by Arcanaville View Post
All I can say is that based on what I've heard from multiple overlapping sources, the people who believe no credible efforts were made to save the game are multiply incorrect.
Of that I have no doubt.

But not that those efforts were made by the higher ups at NCSoft, or that they ever wanted and would allow the game to be saved. No more evidence is required beyond the outcome of the events.



.


 

Posted

Quote:
Originally Posted by Arcanaville View Post
All I can say is that based on what I've heard from multiple overlapping sources, the people who believe no credible efforts were made to save the game are multiply incorrect.
i know it should be obvious, but just to make it absolutely clear, those making credible efforts included NCsoft?


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Posted

Quote:
I suspect that Garriott's position regarding the open letter at trial was that it was a press release designed to present the departure in its most amicable light, but that he disagreed with its content and only signed off on it because he felt it was only marketing fluff.
No problem with this part, because this is how I am viewing it myself.

Quote:
Its obvious Garriott's position on the letter was that it was not an accurate representation of his position, and while he may have initially signed off on it, he clearly asked for its content to be clarified and not repeated as to his voluntary departure:

Quote:
Though Mr. Garriott told NCsoft that it was mischaracterizing his departure and told NCsoft about the problems that the mischaracterization could cause, NCsoft refused to correct the misstatements.
(from the original complaint).
I do feel that you are making a *wild* conjecture here. The full preceeding part of the complaint goes:
Quote:
In or about November 2008, Chris Chung, President of NCsoft's North American operations, informed Mr. Garriott that NCsoft had decided to "part company." Although Mr. Garriott objected to his dismissal, Mr. Chung insisted that the decision was final - Mr. Garriott had to go.

As Mr. Garriott prepared to leave NCsoft, however, Mr. Garriott learned that Ncsoft had internally re-characterized his termination by Mr. Chung as a "voluntary" resignation from the company. This mischaracterization had potentially profound and detrimental effects on Mr. Garriott's stock option: If NCsoft terminated Mr. Garriott's employment (which it did), then the option -worth tens of millions of dollars - would remain in effect until June 2011; but if Mr. Garriott resigned voluntarily (which he did not), then NCsoft might have terminated those option -worth tens of millions of dollars - unless Mr. Garriott exercised the options within ninety days of his departure.

Though Mr. Garriott told Ncsoft that it was mischaracterizing his departure and told NCsoft about the problems that the mischaracterization could cause, Ncsoft refused to correct the misstatements
(source: Pages 1-2 of complaint letter)

Quote:
The case documents make clear that while Garriott may have initially signed off on the press release, his refusal to sign a voluntary resignation letter and his assertions that he repeatedly over time requested that NCSoft not characterize his departure as "voluntary" make it clear that letter did not represent his intent. The fact that NCsoft apparently used it to attempt to show intent when they had overwhelming evidence it did not represent his intent makes it at least a component of an attempt to defraud. Whether its a forgery in the legal sense of the word is a technical issue. It was clearly a) not written by Garriott, b) characterized as being written by Garriott, c) misrepresents his intentions, and d) misrepresents them in a manner that has been legally determined to be fraudulent.
Having read *all* of the documents, I cannot see any mention of them using the letter to mischaracterize his resignation... in fact, in the complaint letter, it looks like Mr Chung is being responsible all by himself.

1) Ms Powers (HR Manager) had also never told him that his departure was being classified as "voluntary" even when he enquired.
2) The CFO didn't know that Garriott was leaving when Garriott enquired about his stock options still being valid for 10 years.. in contradiction to Mr Chung saying that NCsofts upper management had approved his termination.
3) When Garriott asked Ms. Powers *again* about the classification of his termination she said she viewed it to be part of the involuntary reduction in force for the TR team. Infact, she hadn't classified it like that, and had instead put it down as "voluntary" after speaking with Mr Chung.

Ok, granted that was from the complaint letter (pages 9-10)... but it still doesn't mention the fact that the letter was used as a method of representing his resignation as voluntary.

by the way here is the full text of the leaving letter to the players of Tabula Rasa:
Quote:
Fellow Soldiers of the AFS,

I am happy to finally be able to write the players and community of Tabula Rasa. We've been on quite a journey together. First in creating a game unlike any other on the MMO market, then growing a loyal community and finally launching the game and its players into space with Operation Immortality. It has been quite an unforgettable journey, one that I will treasure for the rest of my life.

I am very grateful to you loyal players for sticking around through what I think we can all honestly say was a rough launch. I thank the development team for pushing hard to get polish, updates and new content out every month since launch...a feat that I think is unusual in MMO development. They have a lot to be proud of.

Many of you probably wonder what my plans are, now that I have achieved the lifelong dream of going to space. Well, that unforgettable experience has sparked some new interests that I would like to devote my time and resources to. As such, I am leaving NCsoft to pursue those interests.

This news is difficult for me to deliver. I am honored to have worked with the team I've had and I'm grateful to the community who makes this game so unique and fun.

Thank you and farewell.

Richard "General British" Garriott
Source: Tabula Rasa website via wayback machine


 

Posted

Are you seriously wasting our time arguing about this? Even if they're wrong about the whole Garriot thing, there are still plenty of other credible, and on record, mistakes and two faced deals on NCSoft's part that have already been mentioned. Who cares if the Garriott thing isn't entirely correct.


 

Posted

Why do you care if they care?


 

Posted

Quote:
Originally Posted by Dark_Respite View Post
I can say that one of the studios was told, "Yes, we are happy to open negotiations regarding the matter..." (and by the Director of Corporate Communications, at that) and was then stonewalled - no responses to phone calls, emails, clarification of whether other closed negotiations were taking place - anything. The rest of the details are not mine to give, but I can say that much.

Michelle
aka
Samuraiko/Dark_Respite
We are probably talking about the same studio. And if you did a little research on them, you'd conclude that it was not a serious offer.


 

Posted

The whole "We know something you don't know but we won't say" really does not help the article's credibility.

But... credible or not, bad press is bad press and bruises NCSoft's image a little more. As underhanded as it is, people pay more attention to the negative things.