Is it possible to prove that they copied it?
Or do they have to use it or sell it on and be caught that way before they can be prosecuted?[/quote:907c2552fc]
‘They’ (NCSoft) would have to prove that the ex-employees either
* obtained (whatever) unlawfully/without consent <that one is theft and/or
* the japanese co. obtained (whatever) unlawfully<that one is theft also.
In practice, I believe it’s at the moment more a breach of confidence than outright ‘theft’, because what happened is probably more along the lines of the ex-employees
* disclosed (whatever) in breach of contractual obligations not to.
If NCSoft had any nounce (and provided the material lends itself to it), they should have applied for KR and JP patents (and actually may still, even if material disclosed, provided it was in breach of confidence), which would make copyright infringement issues irrelevant (adaptation of code might make copyright infringement go away, but still infringes the patent).