Blizzard to cease negotiations with KeSPA - Page 19

On April 26 2010 14:30 zatic wrote:

Nobody really knows, that's part of the problem. Actually going to court would be a huge risk for either side which is why we are seeing all these petty maneuvers like giving out free betas vs making SC2 18+ rated.

On April 26 2010 14:54 hifriend wrote:
This is looking pretty bad imo. The one thing sc2 had that separated it from other modern rts' games was the fact that it looked like it was going to have a long established pro-gaming scene with plenty of viewers, sponsors and organisation already in place, due to it's preceder. If kespa goes down I don't really see sc2 making it as an esport, or at least not to a bigger extent than, say, wc3.

On April 26 2010 14:19 fight_or_flight wrote:
So what exactly are Blizzard's IP rights? They sell game disks, to which they own the copyright, and they have Battle.net, to which it is a privilege to use. But how does buying legitimate copies of SCBW, playing on a LAN, and televising the results violate any of Blizzard's rights?

Maybe it doesn't and that is the reason SCII will not support lan. They'd either have to use bnet (and pay Blizzard to do so) or hack the game which is illegal.

I'd recommend legally purchasing the disk, but hacking it so that you don't have to agree to the TOS to install it. That way you honor their copyright but perhaps get around all the BS about how you can use what you just purchased.

On April 26 2010 14:19 fight_or_flight wrote:
I'd recommend legally purchasing the disk, but hacking it so that you don't have to agree to the TOS to install it. That way you honor their copyright but perhaps get around all the BS about how you can use what you just purchased.

On April 26 2010 15:13 snpnx wrote:


This wouldn't work, as it is probably forbidden in the TOS itself, and since you're hacking it, you're doing it with the intent of denying the TOS, which means it is clear that you know what you're circumventing there.

On April 26 2010 15:13 snpnx wrote:

Blizzard made the game, they can put ANYTHING in their TOS/EULA and you can't do shit about it. They could write down that you have to jump around 10 times before using the game and it would be legally their right to demand a proof from you that you did so. You don't have to buy the thing if you don't want to follow the rules bound to its usage. Of course they can demand all the things they are actually demanding from KeSPA right now (regarding SC2, not sure what the situation with SC is), and I'm sure their lawyers will be making the TOS/EULA very secure in those terms, so that they can do terrible, terrible damage to KeSPA, should they not abide by Blizzards given terms.

From Wikipedia: Some courts that have addressed the validity of the shrinkwrap license agreements have found some EULAs to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the U.C.C.

On April 26 2010 14:41 mdrs wrote:

the thing is that they wont allow any 3rd part company to make profits of their game.

On March 03 2010 22:56 zatic wrote:
Esport Cold War

What people need to realize is that both parties stand pretty much toe to toe in this. Both have about equal means to threaten each other it's not all like one party has the upper hand.

Blizzard could drag Kespa to court over copyright, but it's the last thing they want to do. A case like this would be dragged out for years, cost a lot, and the result would be entirely uncertain. The IP of computer game generated content has not been resolved at all in court anywhere as far as I know. Together with the production value the Korean TV broadcasts add to the product it is not at all clear who really owns the copyright to the TV rights, or who owns how much. The "best" Blizzard could hope for is shutting down pro BW after spending a lot of money and time in court - something that isn't at all in their interest. They would only lose.

On the other hand, Kespa can't continue with SC2 as they did with BW. Demanding licensing and challenging IP would be much easier for SC2 in the beginning from Blizzard perspective. However, Kespa could refuse to cooperate and use their influence over the TV stations and the teams to not give SC2 any recognition. Again, this is the last thing they want to do as well. The result would be equally uncertain as Blizzard's prospect suing Kespa. They might push SC2 in a niche, and continue to live off decreasing BW interest. But it might also create a new rival, whether this would be GOM or a completely new entity. The "best" they can hope for is destroying or hurting SC2's success while also hurting the value of their current product. They would only lose.

The two have equally disastrous means to hurt and thus threaten each other, but out of their own interest they won't do so, and both know it. So what we see are all those petty little maneuvers with which they try to demonstrate who has the upper hand. In the end, they will have to work together, or ignore each other enough that both can still do business.

On April 25 2010 12:20 Waxangel wrote:
In a worst case scenario, all Korean Starcraft tournaments that run through KeSPA may be forced to stop.

On April 26 2010 15:42 fight_or_flight wrote:

Technically it doesn't matter what is says or forbids if you never agree to it.

I think Blizzard just needs to give up on SCBW and accept that they have no rights to restrict its use in esports. They need to put the proper provisions in the TOS for SC2 from the beginning and just move forward with that. The only problem is they will have to compete with SCBW for sponsors, viewers, etc.

On April 26 2010 15:51 T.O.P. wrote:


2nd thing is that US law is not applicable in Korea. Just cause some action might infringe on the intellectual property of one country doesn't mean it would infringe on the intellectual property of another country. Korean courts could decide that user generated content does not belong to blizzard so the really doesn't matter eula doesn't matter.

Zatic has it right, no country has set up laws concerning who owns the rights towards user generated content in a video game. So no one really knows who owns the IP. Blizzard say they own it, but there's no precedent to back it up so their claim really doesn't matter.

On April 26 2010 14:34 JWD wrote:
let's hope this results in KeSPA either a) being replaced by a better organization or b) vastly improving

On April 26 2010 17:04 Eury wrote:
People really don't seem to understand that Brood War is dying in Korea. Compare the popularity for the game in 2006 with today, and it's night and day.

Brood War is dying with or without SC 2, and KeSPA is signing their own doom when they refuses to cooperate.