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[Update] KeSPA Speaks Out On Intellectual Property Rights…

Forum Index > BW General
823 CommentsPost a Reply
Prev 1 5 6 7 8 9 42 Next All
Excalibur_Z
Profile Joined October 2002
United States12240 Posts
May 04 2010 00:23 GMT
#121
The victimhood approach is pretty much what we were all expecting from KeSPA, but it's not unwarranted, they actually do a good job spinning the facts on this. I don't think either Blizzard or KeSPA has any illusions about the billions of **ESPORTS dollars** that are at stake with SC2, so Blizzard was likely intentionally harsh in their demands. As one person said, it's a smoke screen.

What will probably end up happening is that Blizzard will agree to royalties once they realize that KeSPA's monopoly on e-sports in the region can't be broken. I assume they were originally banking on some of the senior board members like CJ Media splintering off to maximize the royalty revenue and control of leagues by forming multiple partnerships, but KeSPA's response seems to indicate that they're unified in their stance. Then KeSPA will continue to host leagues as usual and Blizzard will have this sweet deal where you can watch live and on-demand KeSPA league games right from your Battle.net client. At least, that's what I'd want to happen =(
Moderator
Geoube
Profile Joined February 2010
Canada67 Posts
May 04 2010 00:25 GMT
#122
i dont get how kespa can win this fight. would it really be that hard for Blizzard to create their own league in Korea? I mean unless a judge makes a monumental ruling, then blizzard has all the cards and the players will join them, leaving kespa with nothing.
I have nothing against Kespa, and I dont think Blizzard should have SO many rights, but right now they do. So in a way I hope kespa wins this so that esports isnt stiffled
Kazeyonoma
Profile Blog Joined April 2010
United States2912 Posts
May 04 2010 00:30 GMT
#123
On May 04 2010 09:25 Geoube wrote:
i dont get how kespa can win this fight. would it really be that hard for Blizzard to create their own league in Korea? I mean unless a judge makes a monumental ruling, then blizzard has all the cards and the players will join them, leaving kespa with nothing.
I have nothing against Kespa, and I dont think Blizzard should have SO many rights, but right now they do. So in a way I hope kespa wins this so that esports isnt stiffled


How will esports be stiffed because Blizzard has a say in what goes on in the tournaments (even if it's run by itself or a designated one -aka GoMTV? Anyone?) Where was the flaws in that? I don't think Blizzard getting involved is a bad thing at all, since it won't likely do anything "zomgwrong" since any such act would likely affect it's own profits as well as KeSPA or whichever organization walks away with the Blizzard backing from this. I think people who are making Blizzard out to be "badguys" here don't realize that Blizzard has nothing to GAIN by being a bad guy, they just want to make sure they can be held accountable for the actions that their korean partners make, and without some sort of say in the upper management, they can get into big trouble, even if it's just public relations wise if they are later targetted by the media as "supporting" KeSPA if KeSPA later does things that are seen as "bad" or "immoral" (not that we have any reason to believe KeSPA will do this, it's just a fail safe).
I now have autographs of both BoxeR and NaDa. I can die happy. Lim Yo Hwan and Lee Yun Yeol FIGHTING forever!
Mallard
Profile Joined January 2010
United States129 Posts
May 04 2010 00:30 GMT
#124
If Blizzard releases the game in South Korea do they have to adhere to South Korea's business laws or since they are an American company do American laws apply? Assuming courts were fair I am curious as to who actually has the legal power here.
DTDominion
Profile Joined November 2005
United States2148 Posts
May 04 2010 00:32 GMT
#125
On May 04 2010 09:25 Geoube wrote:
i dont get how kespa can win this fight. would it really be that hard for Blizzard to create their own league in Korea? I mean unless a judge makes a monumental ruling, then blizzard has all the cards and the players will join them, leaving kespa with nothing.
I have nothing against Kespa, and I dont think Blizzard should have SO many rights, but right now they do. So in a way I hope kespa wins this so that esports isnt stiffled


I explained this in an earlier post, but by making such a huge power play, Blizzard is pissing off all the people actually involved in putting together an e-sports league. How are they going to get sponsors and TV channels over to their side when they're giving them such a worse deal than KeSPA is.

The one strategy Blizzard could succeed with is offering a better deal to the actual players, but I question whether they'd really do something that smart.
zealing
Profile Blog Joined January 2009
Canada806 Posts
May 04 2010 00:34 GMT
#126
id go with Blizz, never forgive kespa for ppp >
Think you got lag? It took Jesus 3 days to respawn.
Mortality
Profile Blog Joined December 2005
United States4790 Posts
May 04 2010 00:36 GMT
#127
The problem is this:

For about the past decade, Blizzard has put very little resources into Starcraft. They have fundamentally left the game to the community. KeSPA became the leading figure in the community and assumed the power it was left with in the vacuum that was left by Blizzard essentially shrugging its shoulders and saying "Starcraft is a completed game."

So KeSPA got more and more powerful as the teams realized they needed some kind of unifying body. That's not to say that KeSPA is an entirely honest organization, but that they are fundamentally more of a necessity for e-sports to function than most TL.netters give credit to. TLnet has a fundamentally negative view of KeSPA. We think of GOM being canceled, of Flash's game being forfeited, of players being disqualified for saying "pp" instead of "ppp." But the reality is that e-sports functions much more smoothly and with much less corruption with them in power than it used to before.

But now Blizzard has their new hot tamale on the runway and realizes it's missing it on a big piece of pie. But KeSPA's thinking "this is our pie."
Even though this Proleague bullshit has been completely bogus, I really, really, really do not see how Khan can lose this. I swear I will kill myself if they do. - nesix before KHAN lost to eNature
heyitsme
Profile Joined June 2008
153 Posts
May 04 2010 00:40 GMT
#128
On May 04 2010 09:30 Kazeyonoma wrote:
I think people who are making Blizzard out to be "badguys" here don't realize that Blizzard has nothing to GAIN by being a bad guy, they just want to make sure they can be held accountable for the actions that their korean partners make, and without some sort of say in the upper management, they can get into big trouble, even if it's just public relations wise if they are later targetted by the media as "supporting" KeSPA if KeSPA later does things that are seen as "bad" or "immoral" (not that we have any reason to believe KeSPA will do this, it's just a fail safe).


Exactly this... imagine if a scandal happens, something along the lines of ''young korean dies because of inhuman practice schedules''

Blizzard would be in deep trouble because they're located in America and they will take some flak over here.
Grobyc
Profile Blog Joined June 2008
Canada18410 Posts
May 04 2010 00:40 GMT
#129
I'd really love to see KeSPA continue to broadcast SC like it currently is, but if Blizzard is legally allowed to do that(which I assume they are if they are even going there) then KeSPA is in a really tight position. I don't see Blizzard letting up on this easily.
If you watch Godzilla backwards it's about a benevolent lizard who helps rebuild a city and then moonwalks into the ocean.
Reborn8u
Profile Blog Joined January 2010
United States1761 Posts
May 04 2010 00:42 GMT
#130
I call BS!! Kespa needs Blizzard, Blizzard does not need Kespa. Kespa trying to sell the broadcasting rights to something that isn't their property probably just the king of thing that pissed Blizzard off! Kespa is just a parasite imo, and Blizzard most likely doesn't like how they have handled themselves. There have been too many scandals, to many back room deals and too much secrecy with them. Too many times it has taken months for the light to be shed on shady happenings because Kespa does everything it can to sweep its dirt under the rug! I for one am glad Blizzard is serving them some humble pie! Kespa obviously isn't capable of running esports in a clean and fair way, so of course kespa doesn't want anyone looking over their shoulders. I bet Blizzard is wondering how an organization, who's made so much money off a product that isn't even theirs, gets off thinking that now they have some ownership of it or some right to dictate it's future. There arrogance will be their demise. Blizzard should simply shut them down and deny them any rights to starcraft whatsoever. Does anyone really think kespa has any leg to stand on? Starcraft is Blizzards creation and therefore it is their right and theirs alone to profit from it! E-Sports doesn't need kespa, gaming and esports is going to continue to grow worldwide with or without them. People who somehow think a void will open up in the world of gaming if they disappear are simply oblivious of all the other more respectable e-sports organizations out there. Kespa's place in E-sports will be filled faster than a 4-pool!
:)
InToTheWannaB
Profile Joined September 2002
United States4770 Posts
May 04 2010 00:49 GMT
#131
I'm not a computer expert so I don't know if there a way around it, but since SC2 is routed threw the new B.net. Doesn't that mean Kespa can't really do shit, but stamp there feet? With BW Kespa could just buy a copy, set up a lan, and tell Blizzard to fuck off and go threw the korean courts. With sc2 can't blizzard just shut them out threw B.net?
When the spirit is not altogether slain, great loss teaches men and women to desire greatly, both for themselves and for others.
Day[9]
Profile Blog Joined April 2003
United States7366 Posts
May 04 2010 00:49 GMT
#132
rot in hell KeSPA. Seriously, I hope KeSPA tanks with the release of SC2. I absolutely despise KeSPA.
Whenever I encounter some little hitch, or some of my orbs get out of orbit, nothing pleases me so much as to make the crooked straight and crush down uneven places. www.day9.tv
phyvo
Profile Blog Joined April 2009
United States5635 Posts
Last Edited: 2010-05-04 00:51:53
May 04 2010 00:50 GMT
#133
On May 04 2010 08:10 floor exercise wrote:
Show nested quote +
Furthermore, Blizzard made other unreasonable requests beyond the rights of the copyright holder, such as royalties and sub-licensing fees on sponsorships and broadcasting fees, the right to audit KeSPA’s finances, as well as ownership of secondary content created through our unique resources in the teams, players, and broadcasting expertise.


I think this is also within their rights to own content that is derived from their base work. It wouldn't exist without them. I don't think these are "beyond the rights of the copyright holder" like Kespa claims. Of course copyright law varies by country so it's difficult to say, and they aren't being specific about what kind of secondary content it is.

My guess is it just comes down to dollars and cents at the end of the day, like almost everything in this world. We don't know what kind of royalty fees they are asking and things like that.

Other than the 1 year broadcasting term, nothing to me seems absurd in their demands.


Eh, I wouldn't be so quick to say "yeah Blizzard owns all that secondary content, gogo Blizzard!" I mean, consider Spore. You have thousands of creative people making all sorts of stuff and uploading it using Spore's editors. Yet none of those content creators, or players, actually own the art they are creating. In most cases this isn't a tragedy (I mean most people suck at creating things), but considering that most art and content is derivative somehow it makes me question secondary ownership rights in general.

That said, the actual legality of all this is going to be mostly concerning technical details most of us know nothing whatsoever about.

Still it sounds to me like KESPA is barking but doesn't really have enough bite to bring Blizzard back to the table.

[edit] holy crud, is that the same Day[9] who's always so happy telling people about starcraft awesomeness through the interwebs? That was scay. O.O
"BE A MANGO TO SLEEP LIKE A SNORING TIGER" - Monte
Robinsa
Profile Joined May 2009
Japan1333 Posts
May 04 2010 00:51 GMT
#134
I have to aree with everyone that says KesPa got no levage when it comes to SC2.
4649!!
rotinegg
Profile Blog Joined April 2009
United States1719 Posts
May 04 2010 00:52 GMT
#135
On May 04 2010 09:49 Day[9] wrote:
rot in hell KeSPA. Seriously, I hope KeSPA tanks with the release of SC2. I absolutely despise KeSPA.

I used to, but if kespa's statement is proven true, i equally despise blizzard. rot in hell KeSPA. I hope blizzard tanks with the release of SC2. I absolutely despise blizzard.
Translator
johnlee
Profile Joined June 2009
United States242 Posts
May 04 2010 00:55 GMT
#136
On May 04 2010 07:30 Waxangel wrote:
...In addition, Blizzard requests that all aspects of league management would have be authorized by them beforehand, including the acquiring of sponsorships, marketing planning and broadcast planning. Furthermore, Blizzard made other unreasonable requests beyond the rights of the copyright holder, such as royalties and sub-licensing fees on sponsorships and broadcasting fees, the right to audit KeSPA’s finances, as well as ownership of secondary content created through our unique resources in the teams, players, and broadcasting expertise.


OOOOOOOOkay. Now this is just ridiculous. You guys DO realize that if KeSPA goes along with THESE terms, eSPORTS as we know it now is completely gone.

Forget all of your past hating on KeSPA for "ppp" or other faggot rules. If Blizzard especially acqires "all aspects" of league management, the pro-scene in Korea is fucking dead.

Fucking dead.
snowdrift
Profile Blog Joined February 2009
France2061 Posts
Last Edited: 2010-05-04 01:07:54
May 04 2010 00:56 GMT
#137
On May 04 2010 09:25 Geoube wrote:
i dont get how kespa can win this fight. would it really be that hard for Blizzard to create their own league in Korea? I mean unless a judge makes a monumental ruling, then blizzard has all the cards and the players will join them, leaving kespa with nothing.
I have nothing against Kespa, and I dont think Blizzard should have SO many rights, but right now they do. So in a way I hope kespa wins this so that esports isnt stiffled


I don't think Blizzard has any intention of making the investments required to run their own leagues. They want to sublet the whole thing, which is understandable -- they're only game developers (what's less justifiable is that they nonetheless want to control the scene).

So Blizzard needs broadcasters and sponsored players. They did find the former with GOMTV, but they never found the latter since GOMTV was basically leeching off of KeSPA. And if Blizzard isn't going to start running leagues, they sure as hell aren't going to start running a bunch of teams.

On May 04 2010 09:34 zealing wrote:
id go with Blizz, never forgive kespa for ppp >


That's called making perfect the enemy of the good. You're willing to trade an imperfect reality -- professional Starcraft, the only proscene in the world -- for a Blizzard-run fantasy.

On May 04 2010 09:49 Day[9] wrote:
rot in hell KeSPA. Seriously, I hope KeSPA tanks with the release of SC2. I absolutely despise KeSPA.


Yeah, rot in hell OGN, MBC and all the teams that brought us our regular pro SC for years!
NaDa. Our Lord and sAviOr shall return. Learn to nydus you scrub
T.O.P. *
Profile Blog Joined January 2009
Hong Kong4685 Posts
May 04 2010 00:57 GMT
#138
On May 04 2010 09:10 Baarn wrote:
Show nested quote +
On May 04 2010 09:01 iloahz wrote:
If it is indeed the case that according to Korean law Blizzard cannot claim secondary content then Blizzard's demands have indeed been unreasonable. If this goes to court Blizzard has no chance to win.


Blizzard doesn't have to go to court. There isn't a LAN feature. So KeSPA would have to modify the game to be able to continue their operations cause nobody cares about broodbore. If they did that then Blizzard would definitely have the upper hand with TRIPS laws in international court.

Kespas response would be an complete censorship on Starcraft2. Effectively taking Blizzard down with them.

On May 04 2010 09:25 Geoube wrote:
i dont get how kespa can win this fight. would it really be that hard for Blizzard to create their own league in Korea? I mean unless a judge makes a monumental ruling, then blizzard has all the cards and the players will join them, leaving kespa with nothing.
I have nothing against Kespa, and I dont think Blizzard should have SO many rights, but right now they do. So in a way I hope kespa wins this so that esports isnt stiffled

Who'll pay the players? The main sponsors are lined up with Kespa. Then the Korean Government will give some bullshit that esports leagues have to be approved by the ministry of culture or w/e and they'll be able to block it.
On May 04 2010 09:30 Mallard wrote:
If Blizzard releases the game in South Korea do they have to adhere to South Korea's business laws or since they are an American company do American laws apply? Assuming courts were fair I am curious as to who actually has the legal power here.

Of course they have to follow Korean law. Extraterritoriality only applies to military personnels nowadays.
Oracle comes in, Scvs go down, never a miscommunication.
Senx
Profile Blog Joined March 2008
Sweden5901 Posts
Last Edited: 2010-05-04 01:00:29
May 04 2010 01:00 GMT
#139
On May 04 2010 09:49 Day[9] wrote:
rot in hell KeSPA. Seriously, I hope KeSPA tanks with the release of SC2. I absolutely despise KeSPA.


So you seriously believe a e-sport scene will exist in korea without kespa ( ie the ruleset, teams, players, sponsors, tv channels) ?

It makes me sad when people just dismiss kespa as a organization e-sport in SKorea doesn't actually need, beacuse they do..despite their wrong decisions throughout the years.

Don't come here and tell me that Blizzard will magicly manage to create a separate SC2 scene to coexist with the current SC:BW scene in SKorea.

It's either up to Kespa or we'll have a very small and lackluster SC2 scene or in worst case, no real sc2 pro scene at all.
"trash micro but win - its marine" MC commentary during HSC 4
SuperXlax
Profile Joined March 2010
United States197 Posts
May 04 2010 01:01 GMT
#140
On May 04 2010 09:55 johnlee wrote:
Show nested quote +
On May 04 2010 07:30 Waxangel wrote:
...In addition, Blizzard requests that all aspects of league management would have be authorized by them beforehand, including the acquiring of sponsorships, marketing planning and broadcast planning. Furthermore, Blizzard made other unreasonable requests beyond the rights of the copyright holder, such as royalties and sub-licensing fees on sponsorships and broadcasting fees, the right to audit KeSPA’s finances, as well as ownership of secondary content created through our unique resources in the teams, players, and broadcasting expertise.


OOOOOOOOkay. Now this is just ridiculous. You guys DO realize that if KeSPA goes along with THESE terms, eSPORTS as we know it now is completely gone.

Forget all of your past hating on KeSPA for "ppp" or other faggot rules. If Blizzard especially acqires "all aspects" of league management, the pro-scene in Korea is fucking dead.

Fucking dead.

What? It would just have to be authorized by them, they wouldn't be changing anything about it, jeez.
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