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Summarizing the Current KeSPA - Gretech situation - Page 11

Forum Index > BW General
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Count9
Profile Blog Joined May 2009
China10928 Posts
September 07 2010 17:52 GMT
#201
So if Blizzard sues and loses (or rather Gretech sues and loses) what does that mean for broadcasting of Starcraft and Starcraft 2 in general? Or does it not affect anything outside of Korea?
SRY
Profile Joined September 2010
31 Posts
September 07 2010 17:52 GMT
#202
As a SC2 player, I do not understand how killing off BW is a good thing -_-. Competetively SC2 is young and still has some refining to do, and if it is the better game the transition will happen naturally.
All gretech is doing is creating a rift between BW and SC2 players.
darmousseh
Profile Blog Joined May 2010
United States3437 Posts
September 07 2010 17:54 GMT
#203
The whole point though is blizzard freaking made the game. Yes Kespa made it popular, but it is still blizzards game and they can do WTH they want. Of course they will make the most profitable decision which will likely mean the PL will continue for a while, but I hate when people team up against creators. I really enjoy the PL, i've watched all of the latest big matchups since I got into the starcraft scene, but this is an ethical issue here. Does blizzard own the rights? Yes. Can blizzard do WTH they want? Yes. Should PL continue? Yes. Should Kespa come down off of its high horse and realize it is in a losing situation and actually negotiate with gretech (rather than just make a whole bunch of demands and not accept any comprimises?) Yes. Will they do it? Who knows.

In this situation Kespa really are the big assholes. They are fighting for the survival of the PL and don't want to lose any progamers so they are using that to their advantage, which is fine, but if kespa isn't willing to concede anything, then PL will be gone. Please someone name 1 thing kespa has been willing to compromise on yet? For blizzard they allowed kespa to finish the season up before next season's negotiations which is a lot more than they could have done already.
Developer for http://mtgfiddle.com
Seam
Profile Blog Joined April 2010
United States1093 Posts
Last Edited: 2010-09-07 18:05:00
September 07 2010 18:03 GMT
#204
So, let me get this all straight, I've been reading into it a bit more..

1) Gretech's negotiations was basically "Give us your time slot for the GSL, and you can have a different time slot.". Kespa, arguably justly, refused.

Now, here are the two sides of it from what I see
*
A) Kespa has been broadcasting BW for years, and basically formed the scene. Thus they should not have to give up the time-slot they have had for years.

and;

B) Gretech has the sole rights to broadcast BW and SC2, thus they could shut down the Proleague if they wanted, but are giving Kespa a chance to have it, just at a worse time.

So what the outcome of this is, Kespa isn't willing to have a different timeslot, and are going to risk the Proleague dieing all together?

So, IMO, it's Law vs Morality. I think if it goes to court, law will win =\

*Please note, A and B are different sides of the argument, not mine.
I only needed one probe to take down idra. I had to upgrade to a zealot for strelok. - Liquid`Tyler
sAAvior
Profile Joined July 2007
Poland248 Posts
Last Edited: 2010-09-07 18:06:06
September 07 2010 18:04 GMT
#205
The whole point though is blizzard freaking made the game


So what ? I, koreans, TL members and 10 millions of other people bought the game and they may do with it w/e the fuck they please.
Your "point" doesn't make sense. The matter is not clearcut at all even if you only consider law which is made in authors/copyright owners anyway. If you start considering moral rights or how people feel law should be Blizzard would lose bigtime here.

So, IMO, it's Law vs Morality. I think if it goes to court, law will win =\


a)it wouldn't be clear who would win in court even in US or Europe
b)fortunately it's Korea so it's even less clear
Seam
Profile Blog Joined April 2010
United States1093 Posts
September 07 2010 18:11 GMT
#206

a)it wouldn't be clear who would win in court even in US or Europe
b)fortunately it's Korea so it's even less clear


I said "I think"
I only needed one probe to take down idra. I had to upgrade to a zealot for strelok. - Liquid`Tyler
darmousseh
Profile Blog Joined May 2010
United States3437 Posts
September 07 2010 18:11 GMT
#207
On September 08 2010 03:04 sAAvior wrote:
Show nested quote +
The whole point though is blizzard freaking made the game


So what ? I, koreans, TL members and 10 millions of other people bought the game and they may do with it w/e the fuck they please.
Your "point" doesn't make sense. The matter is not clearcut at all even if you only consider law which is made in authors/copyright owners anyway. If you start considering moral rights or how people feel law should be Blizzard would lose bigtime here.

Show nested quote +
So, IMO, it's Law vs Morality. I think if it goes to court, law will win =\


a)it wouldn't be clear who would win in court even in US or Europe
b)fortunately it's Korea so it's even less clear


The thing with IP is that there are international agreements on IP and if blizzard lost in court in korea somehow then they would go to international community and get them to jump onto korea.
Like I said before. Even if kespa had been doing starcraft for 50 years, it's still blizzards game. Kespa should have gotten blizzards blessing 7 years ago and none of this would be a problem right now, but they refused to negotiate anything and now it's biting them in the but. As a purchaser of the liscence you may fully enjoy the single and multiplayer aspects of the game. You can have your own tournaments, leagues, whatever, but the minute you want to broadcast it, IP kicks in. Just as FIFA owned the rights to streaming football during the world cup, blizzard owns the rights to streaming starcraft. We should definitely hope for the best and blizzard doesn't want bad press, but no. The legal issue is obvious....blizzard wins any IP battle, so its up to kespa if proleague continues if they are actually willing to negotiate.
Developer for http://mtgfiddle.com
sAAvior
Profile Joined July 2007
Poland248 Posts
Last Edited: 2010-09-07 18:16:14
September 07 2010 18:14 GMT
#208
Just as FIFA owned the rights to streaming football during the world cup, blizzard owns the rights to streaming starcraft


Is this a fact or your guess ? I am asking because it's my impression that it's not sure thing but I am no expert on the subject obviously.
And if you want compare FIFA to anything here it would be KeSPA. They are governing of professional starcraft afterall.
Ruff
Profile Joined August 2006
Kazakhstan179 Posts
September 07 2010 18:16 GMT
#209
"KeSPA will be going on with the next season of Proleague, regardless of negotiations" - this is good! KeSPA war!
"Keep on dreaming, boy, cause someday you will shine" (Ogogo).
n.DieJokes
Profile Blog Joined November 2008
United States3443 Posts
September 07 2010 18:23 GMT
#210
What am I gonna do on tl if bw dies, Sc2 is pretty meh imo, an ethical delimma would completely kill it for me. I don't know enough people to stay for just the community... That would be sad times
MyLove + Your Love= Supa Love
darmousseh
Profile Blog Joined May 2010
United States3437 Posts
September 07 2010 18:27 GMT
#211
On September 08 2010 03:14 sAAvior wrote:
Show nested quote +
Just as FIFA owned the rights to streaming football during the world cup, blizzard owns the rights to streaming starcraft


Is this a fact or your guess ? I am asking because it's my impression that it's not sure thing but I am no expert on the subject obviously.
And if you want compare FIFA to anything here it would be KeSPA. They are governing of professional starcraft afterall.


They created the world cup event, so yes they own the rights to streaming world cup football. There were huge issues in Australia over streaming because of how much money fifa wanted. No fifa didn't create football, so they don't own the rights to all football, but in the US there was a league called XFL and it was invented based on american football, but since they had created the game they owned all the IP rights to broadcasting.
Developer for http://mtgfiddle.com
MamiyaOtaru
Profile Blog Joined September 2008
United States1687 Posts
September 07 2010 18:39 GMT
#212
On September 08 2010 03:11 darmousseh wrote:Just as FIFA owned the rights to streaming football during the world cup, blizzard owns the rights to streaming starcraft. (emphasis added)

FIFA had those rights because it was their tournament, under their auspices, organized by them. They would not own broadcasting rights to, say, MLS championship. I don't think it's 100% clear that Blizzard outright owns broadcasting rights for tournaments they have nothing to do with.

Would Milton Bradley own broadcast rights for any random Simon tournament? I don't think they should. They might be able to exercise copyright and prevent it from being called a Simon tournament so no one mistakes it for official, but I doubt they could prevent it from being broadcast. Or maybe they could. You might have a tough time putting on a Slamball tournament without approval from Mason Gordon and Pat Croce.

Copyright may allow Blizzard to exercise control over all broadcasts, but I'm not sure it should. The courts will have something to say I guess.
Daigomi
Profile Blog Joined May 2006
South Africa4316 Posts
Last Edited: 2010-09-07 18:52:56
September 07 2010 18:42 GMT
#213
I think it's impossible to pass judgement on what is happening during these negotiations without actually being there. Trying to decide who the wrongdoer is based on snippets of biased information from both sides is ridiculous. It comes down to a business deal which needed to be made, and both parties believing that they did not need to budge.

To all those blaming Gretech for hardballing KeSPA, if I remember correctly Gretech paid a ton to purchase the broadcasting rights from Blizzard. They need to recuperate their costs by bringing in sponsors and broadcasting their tournaments, and KeSPA is making it difficult for them to do so. Furthermore, KeSPA is blatantly ignoring the broadcasting rights that Gretech purchased. With this in mind I don't find Gretech's actions to stop the Proleague to be surprising.

Not only is KeSPA broadcasting the Proleague without paying Gretech for the rights, it is also directly competing with the GSL by broadcasting the Proleague at the same time. Gretech said it was fine if they didn't pay, but they can't not pay and then be the direct competition. KeSPA refused to budge on either request, and Gretech had to take action somehow. I don't think Gretech's action was ever intended to stop the Proleague, it simply stated that KeSPA does not have the broadcasting rights to continue with the Proleague and that it would take legal action should they fail to reach an agreement while continuing to broadcast the Proleague.

What it all comes down to is whether Blizzard holds the broadcasting rights to its own games and is thus able to sell it. As I said earlier, I would tend to think the do, but the legal issue is complex and none us know enough to say who is in the right. If Blizzard does hold the rights, the KeSPA is in the wrong for not doing more to negotiate a deal with Gretech. If Blizzard does not hold the rights then KeSPA was right for standing its ground and Gretech got fucked over by purchasing the rights.

Either way, I don't see how Gretech can be blamed for this. If HBO paid a fortuned to hold the exclusive rights to screen Dexter, you can't blame HBO from trying to stop NBC and ABC from airing Dexter at the exact same time that HBO plans to.

EDIT: Also, just to remind everyone, KeSPA itself sold (or tried to sell) the broadcasting rights to SC back in 2006-2007 somewhere. I can't remember exactly what happened though, but it does seem slightly hypocritical for them to try to sell the rights when they believe they own it, before rejecting the existence of such rights now that Blizzard is claiming it.
Moderator
ichimarugin680
Profile Joined February 2009
United States182 Posts
September 07 2010 18:47 GMT
#214
On September 08 2010 01:47 Amnesia wrote:
Show nested quote +
On September 08 2010 00:23 Murderotica wrote:
To: Every poster who makes the statement that "newer is better" and therefore BW scene as a whole should just step down and take shitty time slots and less money so that SC2 can thrive.

First of all let me tell you that you are a selfish asshole who can't see past his own computer screen. You got SC2 and you think "omg bst gaem evr" so naturally you want the game you enjoy at the moment to be the most successful. Well guess what, your opinion of this game is shared by some people, but many many others think that SC2 is not better than BW (at least not yet) and therefore should not be usurping the already mature and advanced BW scene of the limelight. Newer is NOT better, and if not just because of the games themselves, then because SC2 has not had the time to develop to a mature and competitive game on the level of BW. So why should we force this game into primetime slots and drop money on it like no tomorrow, when the product is not as entertaining as BW because of the dilution of the skill base and the currently low skill ceiling? "Because we hope to achieve what BW has achieved someday, and doing these things makes this day come sooner," you might say. All I have to say is that you're wrong. BW came from dirt to royalty over years of development. As the game progressed in terms of average skill and entertainment values, sponsors naturally approached the scene and that is where the money should come from - investing in a product that has already proven its worth in a competitive setting. There are too many things wrong with SC2 and the people who are trying to promote it right now to safely say that it will succeed as a prosport. Trying to cut off the head of BW so that SC2 can thrive is just one glaring example of how WEAK even the people trying to promote the game think it is (or the scene/potential entertainment value is).

Take your slightly shittier timeslot, simply because BW has had this time slot and why be a dick like your company and try to take it away simply on the grounds that your game came out more recently. Well you know what, I can't watch SC2 games with the same intensity that I can watch BW games, so fuck you for thinking that this move is okay. I want my BW scene alive and intact - people are already moving to SC2 if they want to.
And you know what? If your game is really so great, it will rise in ratings and eventually it will have the swing to knock out BW, maybe. Until then, stop supporting this movement to kill the only true Esport in the world. Assholes.


QFT

Blind SC2 idiots, take your time and read this

Lol. This. Will just have the opposite effect. Sc2 fans will be fans calling. Them names doesn't. Help
I'd like that Rosh cheeze with some whine.////.... When you feel down and lost read Ecclesiastes 3:1-8
DragoonPK
Profile Blog Joined July 2007
3259 Posts
September 07 2010 18:51 GMT
#215
This is redicolus, Obviously Gretech wants that timeslot. its the best possible. I honestly think Kespa should have accepted the change in slots, embraced the change and tried to get SC2 to be good too. Everyone in Kespa/Teams is acting as if SC2 is so evil ass game trying to kill poor pure BW. Games succeed games, this is the nature of Esports. Eventually sometime even if its not SC2, a new game will just surpass it. I really love BW and the progaming scene but come on now, everyone acts as if Kespa and the teams are victims of blizzard and GOM, what if it was the opposite then, I think if GOM was the authority incharge of BW for all these years and kespa is a new association that is handling SC2 then Kespa will do the same shit GOM is doing right now. This is not a fight for the fans, this is a fight to keep the cash flowing for as long as it happens. I am pretty confident SC2 will become as intresting as BW if progaming teams start forming, drama develops, and fanbases occure.
darmousseh
Profile Blog Joined May 2010
United States3437 Posts
Last Edited: 2010-09-07 18:58:07
September 07 2010 18:56 GMT
#216
Here are the terms kespa couldn't agree to which got them in the situation they are in now.

1. Set the contract term for using its games to 1 year
2. Prior approvals about all league operations such as contracting sponsorship, marketing materials, broadcasting plan
3. License fee for running of league and all license fee of sponsorship inducement
4. Ownership of all broadcasted programs, program videos
5. Right to audit KeSPA

EDIT: Yeah in 2007 kespa started selling broadcasting rights to different networks and blizzard found out so they entered negotations, but blizzard stopped negotiations when kespa wasn't willing to concede any of the terms listed above.
Developer for http://mtgfiddle.com
mmdmmd
Profile Joined June 2007
722 Posts
Last Edited: 2010-09-07 21:14:12
September 07 2010 18:57 GMT
#217
On September 08 2010 03:42 Daigomi wrote:
I think it's impossible to pass judgement on what is happening during these negotiations without actually being there. Trying to decide who the wrongdoer is based on snippets of biased information from both sides is ridiculous. It comes down to a business deal which needed to be made, and both parties believing that they did not need to budge.

To all those blaming Gretech for hardballing KeSPA, if I remember correctly Gretech paid a ton to purchase the broadcasting rights from Blizzard. They need to recuperate their costs by bringing in sponsors and broadcasting their tournaments, and KeSPA is making it difficult for them to do so. Furthermore, KeSPA is blatantly ignoring the broadcasting rights that Gretech purchased. With this in mind I don't find Gretech's actions to stop the Proleague to be surprising.

Not only is KeSPA broadcasting the Proleague without paying Gretech for the rights, it is also directly competing with the GSL by broadcasting the Proleague at the same time. Gretech said it was fine if they didn't pay, but they can't not pay and then be the direct competition. KeSPA refused to budge on either request, and Gretech had to take action somehow. I don't think Gretech's action was ever intended to stop the Proleague, it simply stated that KeSPA does not have the broadcasting rights to continue with the Proleague and that it would take legal action should they fail to reach an agreement while continuing to broadcast the Proleague.

What it all comes down to is whether Blizzard holds the broadcasting rights to its own games and is thus able to sell it. As I said earlier, I would tend to think the do, but the legal issue is complex and none us know enough to say who is in the right. If Blizzard does hold the rights, the KeSPA is in the wrong for not doing more to negotiate a deal with Gretech. If Blizzard does not hold the rights then KeSPA was right for standing its ground and Gretech got fucked over by purchasing the rights.

Either way, I don't see how Gretech can be blamed for this. If HBO paid a fortuned to hold the exclusive rights to screen Dexter, you can't blame HBO from trying to stop NBC and ABC from airing Dexter at the exact same time that HBO plans to.


You are really contradicting yourself.

A. You first said:
I think it's impossible to pass judgement on what is happening during these negotiations without actually being there. Trying to decide who the wrongdoer is based on snippets of biased information from both sides is ridiculous.


B. Then you said:
If I remember correctly Gretech paid a ton to purchase the broadcasting rights from Blizzard.They need to recuperate their costs by bringing in sponsors and broadcasting their tournaments...etc

But things in B is exactly what you deemed ridiculous in A - since I assume you were not there in the meetings and you based it all on "snippets of biased information" you've gotten from the internet?
maybenexttime
Profile Blog Joined November 2006
Poland5656 Posts
September 07 2010 19:13 GMT
#218
On September 08 2010 03:56 darmousseh wrote:
Here are the terms kespa couldn't agree to which got them in the situation they are in now.

1. Set the contract term for using its games to 1 year
2. Prior approvals about all league operations such as contracting sponsorship, marketing materials, broadcasting plan
3. License fee for running of league and all license fee of sponsorship inducement
4. Ownership of all broadcasted programs, program videos
5. Right to audit KeSPA

EDIT: Yeah in 2007 kespa started selling broadcasting rights to different networks and blizzard found out so they entered negotations, but blizzard stopped negotiations when kespa wasn't willing to concede any of the terms listed above.


They did agree to pay some sort of royalties/fees, but the other terms were just ridiculous. Not to mention the demand that KeSPA players sign extra contacts with Blizzard that override the contracts with their actual sponsors. WTF.
teamsolid
Profile Joined October 2007
Canada3668 Posts
September 07 2010 19:18 GMT
#219
On September 08 2010 03:42 Daigomi wrote:
I think it's impossible to pass judgement on what is happening during these negotiations without actually being there. Trying to decide who the wrongdoer is based on snippets of biased information from both sides is ridiculous. It comes down to a business deal which needed to be made, and both parties believing that they did not need to budge.

To all those blaming Gretech for hardballing KeSPA, if I remember correctly Gretech paid a ton to purchase the broadcasting rights from Blizzard. They need to recuperate their costs by bringing in sponsors and broadcasting their tournaments, and KeSPA is making it difficult for them to do so. Furthermore, KeSPA is blatantly ignoring the broadcasting rights that Gretech purchased. With this in mind I don't find Gretech's actions to stop the Proleague to be surprising.

Not only is KeSPA broadcasting the Proleague without paying Gretech for the rights, it is also directly competing with the GSL by broadcasting the Proleague at the same time. Gretech said it was fine if they didn't pay, but they can't not pay and then be the direct competition. KeSPA refused to budge on either request, and Gretech had to take action somehow. I don't think Gretech's action was ever intended to stop the Proleague, it simply stated that KeSPA does not have the broadcasting rights to continue with the Proleague and that it would take legal action should they fail to reach an agreement while continuing to broadcast the Proleague.

What it all comes down to is whether Blizzard holds the broadcasting rights to its own games and is thus able to sell it. As I said earlier, I would tend to think the do, but the legal issue is complex and none us know enough to say who is in the right. If Blizzard does hold the rights, the KeSPA is in the wrong for not doing more to negotiate a deal with Gretech. If Blizzard does not hold the rights then KeSPA was right for standing its ground and Gretech got fucked over by purchasing the rights.

Either way, I don't see how Gretech can be blamed for this. If HBO paid a fortuned to hold the exclusive rights to screen Dexter, you can't blame HBO from trying to stop NBC and ABC from airing Dexter at the exact same time that HBO plans to.

EDIT: Also, just to remind everyone, KeSPA itself sold (or tried to sell) the broadcasting rights to SC back in 2006-2007 somewhere. I can't remember exactly what happened though, but it does seem slightly hypocritical for them to try to sell the rights when they believe they own it, before rejecting the existence of such rights now that Blizzard is claiming it.

Pretty much this is what I got from the summary, if you take a step back and look at what's really going on. KeSPA needs to make SOME kind of concession, they can't just have it all when they refused to buy the IP rights from Blizzard in the first place.
Zato-1
Profile Blog Joined March 2009
Chile4253 Posts
Last Edited: 2010-09-07 19:20:48
September 07 2010 19:19 GMT
#220
While I'm grateful for the entertainment the Korean BW Pro-scene has given me, this doesn't give them a free license to steal from Blizzard. Blizzard was alright with the BW pro-scene for many years, but then KeSPA started behaving as a rabid dog and biting the hand that fed it, inconditionally opposing any e-sports initiative parallel to its own, including the GOM TV Intel Classic tournaments and Starcraft 2. Blizzard decides such hostility is unwarranted, takes off the kiddy gloves, and starts playing hardball; the rest is history.

I want KeSPA to lose, and hopefully to lose badly, if only because they behave like a nearsighted pitbull with rabies; they are not fighting for the preservation and advancement of e-sports, they are fighting for the preservation of their own little fiefdom and business model. In trying to bite the head off the competition, they've bitten more than they can chew. I have nothing against BW and I wish it didn't have to end this way, but the retarded schoolground bully that is KeSPA doesn't realize it's fighting a grown man with an army of lawyers.
Go here http://vina.biobiochile.cl/ and input the Konami Code (up up down down left right left right B A)
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