But they didn’t ask the court to go through those files but wanted to personally go through them.
And that’s privacy related, very important distinction.
Having the court do it? Absolutely fine!
Also it was mentioned that there was no thing stating they were forbidden to take those files home, their contract obviously has a NDA about sharing stuff - logically - but nothing about taking files home, looking em through, working on em in their off-time.
Also the knowledge of them even taking - legally and contractually - files home has only come out after the firing happened, hence since it goes about ‘was the firing even within reason’ it is not applicable by US law, the thing stated a.) was not against contract and b.) wasn’t even visible at the time of the action, hence it was not connected, so it has no weight in the case.
Sure, it can be used against a follow-up case because of it potentially… but not in the initial one.
Also the existence of those files on private devices without being shared goes counter to the argumentation that the lead devs from Subnautica ‘didn’t do their job’ and instead did work on other things.
If we wanna unpack it completely:
Krafton acquired them for 500 mil and gave them a 250 mil bonus when reaching competitive goals.
A roadmap was created to showcase what the exact goals are. This entails a specific amount of workload, if the workload is hence managed to be accomplished we can state ‘work-goal reached’.
Miniscule changes were made. A model removed… but instead several others especially in the building system included. The done work-load is even for a layman visibly higher then promised already. And especially given that the focus was on base-building aspects, hence mechanical longevity for the EA rather then a one-time experience enforcing extensive waiting times after (story).
Then Krafton comes in and basically doubles the demands for animation and models of mobs as well as story-design and area-design by enforcing a second Chapter to be released for EA rather then only the first.
Remind you… that’s already a break of contract for the bonus-payout. The lines were really really clear there.
This though would’ve been fine if the payout would’ve been granted nonetheless, after all… the goal was already reached, we can say release into EA in a more polished and complete state to let people not wait as long until release? Absolutely good! If it were separated from the monetary aspects. That would’ve actually caused a big plus for Krafton’s image overall, but that wasn’t the case.
Instead, they declared the lead-devs ‘abandoned responsibilities’. This being based upon the EA release being significantly delayed. A EA… which had per contract reached all conditions for the EA release at the time those allegations were made.
This is a proven lie and hence the basis for anything further should already be shut down at the foundation.
The only basis they had would be the ‘multiple requests’ they stated they made, which they had - by Krafton’s saying - denied. And even then it would not be a rock-solid legal basis anyway! Why? Because If they work 1 hour a week and still manage to achieve the contractual goal for their employment then what the fuck is Krafton on about?
As a quote from the information from Krafton directly:
The current Early Access version also falls short in terms of content volume.
This is a outright lie as stated above. A roadmap was given. A roadmap was fulfilled. If they wanted more then they had to tie the bonus to a different roadmap then what was provided.
So the follow-up basis was made that the state - which Krafton personally demanded and agreed to - was inadequate when EA release neared. Acceptable… so no release in EA yet, we wanna have a bit more? No issue! The goals demanded from you were reached? Good… give us our money, we’ll make the game more complete before EA.
All solved under any normal reasonable non-assholery circumstance. But sadly that’s a wish.
One lead-dev joked that it’s only 12% finished and it would take - if the same completion rate was upheld - 30 years to finish.
This is taken as a argument with weight but is extremely misleading.
12% means 12% of the total storyline and progression is done. This also means the foundation supporting to have the content even played is in place. Creating the framework takes the majority of the time in total. Creating the landscape, creating the quest triggers and dialogue and creating the effects is by far faster when you know exactly what you need as the foundation is in place.
These 12% include the foundation, the other 78% are just putting up the walls and the roof.
It’s the same as in construction. Excavating the foundation area, pouring the concrete, waiting for it to dry and settle before moving on is the highest time investment. Putting up walls and a roof is laughably fast. Then again after that the details like cabeling and plumping as well as floors and so on take a decent chunk of time once more.
Slow → quick → slow, fairly common happening for how projects go. Substantial setup time, low execution time, substantial polish time. Absolutely normal.
Next argument for firing: ‘The delay was against the wishes of the lead devs’. No shit Sherlock! If my 250 mil are based upon you telling me to suddenly do double the work or I won’t get it… I would be against it as well! 
It was demanded by Krafton to do it.
Not to speak that the lead-devs weren’t the people which would’ve even kept the money… they told their workers ‘you’ve worked on this as much as we, you get a part of this bonus as well’.
Did they need to do that? No! They could’ve just waltzed away after being applicable for it and that’s it.
Krafton didn’t punish the lead-devs… they’re trying to scam every single worker there out of their money for working their asses off.
Now… we finally reach court-phase actually.
Phase 1, discovery:
Kraftong is baffled that they would need to supply readyness level of the game in documentation form to the court, deeming it ‘irrelevant’ to the termination. Despite citing it as the direct reasoning.
I mean… how much of an idiot would they need to be if there wasn’t something at fault already. ‘Honest mistake’? My 18 year old cousin which works as a roofer even knows that ‘when you sue someone for any reason then you need to provide proof for the reason of what you sue them about’… holy crap… it’s that dumb already and it hasn’t even started!
So lemme get this straight… if I make a fantastic product and get it to completion with a crew to then be hired for my specific way of handling this project to then be fired for my specific way of handling this project rather then doing it your way (which you didn’t hire me for) and using the reasoning that it’s not ready - despite being ready - then I kinda get the feeling something is a bit… ‘off’.
Even if I never went into office or ‘actively worked’ on the product but being as eccentric as I am demanded a mandatory company Dungeons&Dragons play-group every week… where I nudged their character in ways to tell them how they should do their work… everyone would reasonably look at me like I’m insane. But I would’ve still fulfilled my contract if it gets the damn game ready as promised.
Also, now it gets doubly-odd. The representatives of Krafton personally had no clue why the discovery documents about the readyness of the product to be put forth to court were taken off the table in the first place.
They changed the whole premise during discovery phase, saying ‘no, this is not the reason anymore! It actually was ready and now we got something else.’
Clown-court ensues.
So now the lead-devs ‘abandoned their post’ and ‘deceived’ Krafton. Stating that they were fired for reveals coming out after they were fired… and actually not a breach of contract either, they’re the damn lead-devs! Obviously they take their work home with em… show me any person which builds up a company from scratch which becomes a multi-million one, doing something with a passion and if they have the ability then not taking their work home. 9/5 only!

So now… they’re saying they terminated them… and the termination basically only was justified after it already happened. And now they wanted to force the lead-devs to hand over their personal devices to them so Krafton - not the court - could willy-nilly browse through all their data and taking off whatever they deem relevant.
No shit Sherlock that this isn’t been granted… not to speak of the court not having access to it in such a case, solely at the hands of Krafton… depriving the lead-devs of their communication devices and getting access to private information any employer should not ever get access to.
Now… why did they lead-devs potentially not agree to keep the work up they did? Because Krafton basically told them ‘Just keep on working, we’ll pay you your money later then we contractually promised you, you just have to keep on doing what you do!’.
I mean… what the fuck? I would sue those dimwits of Krafton too!
So, from Krafton’s side the premise is by then that the lead-devs denied working and threatening to self-publish the game and hence stealing documents, including e-mails and game files to prepare to self-publish.
Which is also kinda ridiculous as a notion, especially since then the earning of Subnautice would be shut down and relayed over to Krafton anyway as the IP owners, or the game removed in total nonetheless…
Also the E-Mail part is especially baffling when you think about it. Correspondence internally includes not only NDA details but also orders. You as employee have a task to secure yourself against fraudulent actions, which means those E-Mails - unless distributed - are in line to copy for personal safekeeping to ensure any false claims cannot simply be made by ‘magically vanishing e-mails’ on the company servers.
Also Krafton is unwilling to let any employee make testimony… only 2 executives are allowed to.
Something fishy? No shit Sherlock! 
It’s just a shit-show left, right and center.