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iCanada
Canada10660 Posts
On October 14 2010 12:00 zimz wrote: imagine if blizzard loses this case. lol. its not USA, blizzard can't do shit if korean court sides with kespa. Well, they could take it to an international stage... but that would be way over the top. That being said, both sides have done real stupid stuff for this whole negotiation process... so watch out. X.X | ||
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DND_Enkil
Sweden598 Posts
On October 14 2010 11:44 Fyodor wrote: Looks about right. There's multiple players trying to protect their interests. Trying to find who is "teh evilz" is pretty immature IMO. KeSPA knows full well what announcing proleague entailed, they're mocking Gretech's license rights. Gretech can't keep this out of court when KeSPA keeps showing that they have no intention of respecting those rights. On the other hand, if KeSPA keeps being bullied by Gretech and their rights, they're fully dependent on Gretech's good will. Mocking the rights and announcing proleague puts Gretech back in a tough spot in terms of public opinion. From what I understand, KeSPA just got some negotiation leverage with this but Gretech will have none of it. Yep this is how I look at it aswell. I just wonder if Blizzard/Activision will get involved in the law suit or if they leave that up to Gretech. Either way I cant see Kespa winning this, just really cant... | ||
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ooni
Australia1498 Posts
Finally some actual development in IP law. I will have something to study about. | ||
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xxjondxx
United States89 Posts
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Wahmoo
Australia3 Posts
On October 14 2010 14:28 VManOfMana wrote: So under your logic, Day[9], HDH and Husky should pay royalties to Blizzard? You could make the case that Day[9]'s cast is protected under fair use since he is not for-profit, but HDH and Husky create tournaments and events with money involved, most likely for profit. What Fyodor wrote is correct. Generally speaking, you are not permitted to publish videos who's content belong to others, without their permission. The IP owner of the starcraft universe is Blizzard so blizzard has the right to enforce their rights on videos showing gameplay footages of starcraft. So yes, if Blizzard wanted do something about it, it could easily shut these channels down by filing copyright infringement notices under DMCA. Having the right to assert their IPs means that they reserve the right to do it. It doesn't necessarily mean that they apply it in every single instance. My understanding is that fair-use is a possible defense to copyright infringement in court and it only covers 'limited' use of copyrighted materials, e.g. quotes, snapshots etc which are considered as derivative work. I don't think it covers extensive coverage of any kind. | ||
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Rikstah
Australia126 Posts
jobless or "sweatshop"? Totally agree with zenMaster here. Kespa and their pro is the first true pro league for e sports. The rest of it are just people devoted to trying to win the prizes and living off it. Their rigid training makes them the best in the world. Although we in the west don't agree with it theres no denying that their discipline is what makes them leagues beyond us. | ||
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JayDee_
548 Posts
On October 14 2010 15:21 Wahmoo wrote: What Fyodor wrote is correct. Generally speaking, you are not permitted to publish videos who's content belong to others, without their permission. The IP owner of the starcraft universe is Blizzard so blizzard has the right to enforce their rights on videos showing gameplay footages of starcraft. So yes, if Blizzard wanted do something about it, it could easily shut these channels down by filing copyright infringement notices under DMCA. Having the right to assert their IPs means that they reserve the right to do it. It doesn't necessarily mean that they apply it in every single instance. My understanding is that fair-use is a possible defense to copyright infringement in court and it only covers 'limited' use of copyrighted materials, e.g. quotes, snapshots etc which are considered as derivative work. I don't think it covers extensive coverage of any kind. IAre you sure that is the way international copyright infringement is dealt with in Korea? | ||
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mkfk1
United Kingdom153 Posts
Sad. | ||
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thopol
Japan4560 Posts
On October 14 2010 15:31 mkfk1 wrote: Kespa will win, not because they are right, but because the korean gov will side with them in a legal battle. Just like in the auto industry where US companies got shaft, gom/blizzard will loss the legal battle. Sad. Wouldn't that mean that proleague would happen? Why is that sad? | ||
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AcOrP
Bulgaria148 Posts
Kespa are not perfect. but we must give them credit for everything they did in the past 10 years. Blizzard/Greetech are way too greedy... Why now ? Where was their claims and so before 10 years ? KESPA started from scratch to make the BW great game and turn it into real sport, and now blizzard/greetech want to take it over. | ||
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mkfk1
United Kingdom153 Posts
On October 14 2010 16:01 thopol wrote: Wouldn't that mean that proleague would happen? Why is that sad? I dont really regard Kespa to be a good thing to e sport. I regard them as a double edge sword. On 1 end they did promote korean e sport scene. But on the other hand, they practice of monopoly over all pro gamers, self regulation, and corruption is well known. Kespa also fail to promote e sport to an international audience. I would rather preferred an international committee endorse by blizzard over kespa. There is no reason why e sports cant be regulated and maintain like the FIFA world cup or the Olympic. More importantly, I dont like how kespa is now doing something that is consider illegal. If this case were to happened in the US, or EU, or Australia, I am damn sure kespa would have lost. | ||
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dogabutila
United States1437 Posts
On October 14 2010 14:28 VManOfMana wrote: So under your logic, Day[9], HDH and Husky should pay royalties to Blizzard? You could make the case that Day[9]'s cast is protected under fair use since he is not for-profit, but HDH and Husky create tournaments and events with money involved, most likely for profit. Well, Day9, HDH / husky needed blizz approval to run sc2 tournaments. I'm assuming they got them. Having gotten approval, it's pretty much the same as having the licence to do so. Thus royalties are not needed unless blizz demands them in exchange for tournament approval. | ||
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Legace
Sweden342 Posts
On October 14 2010 14:52 iCanada wrote: Well, they could take it to an international stage... but that would be way over the top. That being said, both sides have done real stupid stuff for this whole negotiation process... so watch out. X.X Not really. More then anything - it's a matter of principle. | ||
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emythrel
United Kingdom2599 Posts
Most young gamers will be playing SC2 over BW, that means they will end up as SC2 pro gamers instead of BW. For BW to survive it will need new players every few years or else eventually there will only be like 4 guys in the proleague, simple fact is the player who are playing it now will eventually retire and likely no one will be there to replace them. This would be the case whether Blizz interferred or not. The only difference is that Kespa and gretech are essentially speeding up the process. Even if kespa win the court case, how long do you expect BW to stay alive? I don't wanna see any esport die, but it is the natural way of things. BW won't even run on vista/win 7 (atlast not for me lol) and how many kids do you know today who would either be allowed or even want to have an xp install on their comp just to play one very old (even tho its awesome) game? Blizz will never release the source code for BW so it can be patched to work with win7, and eventually the money that will be available to SC2 pros will make BW pale in comparison. Already 85k up for grab every month from GSL, we will likely see a team league too (there is one running atm on GOM) as well as other events and leagues that will pop up. Eventually sc2 will die aswell, when blizz make sc3 or wc4 or even a completely new rts.... perhaps it won't even be a blizzard game? This is the way of things in the computer world.... its not like normal sports where the sport itself can evolve to stay relevant. You are stuck with the game as it was created, only ever changed by patching, with the relentless march of technology constantly making whats cutting edge today, outdated tomorrow. personally I think gretech should just back off and let kespa do it thing, let BW die with dignity, in its own time. I see those who are clamoring to keep BW relevant the same as people who oppose goal line cameras and TV refs in soccer...... afraid of change. So what if BW is a better game with more difficult game play, you could argue that soccer was once more skillful than it is now..... in the 50's they played with a ball that was about 5 times heavier than what they play with now, and it wasn't aerodynamic and balanced properly and all the technology that goes into making a soccer ball these days, does this really make 50's soccer better than modern soccer? No..... it means the game has evolved to make it easier and thus more exciting and accessible. If people really want esports to succeed on a global stage, they need to be accessible to everyone. Anyone can go play baseball, soccer, field hockey, volleyball with minimal effort just on a nearby field.... that is the state gaming needs to reach, where anyone can join in, but the best are revered and cheered for their skill | ||
JunkkaGom
Korea (South)855 Posts
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Slardar
Canada7593 Posts
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lastreason
Romania250 Posts
p.s BW 4EVER | ||
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Solai
204 Posts
On October 14 2010 17:51 JunkkaGom wrote: I am a gretech employee so i wont give any opinion over this. I just dont understand there are some people who believe kespa has made any contribution to esports. Would be nice to have some official Gretech input on this topic. In any case, I guess the drama will be peaking soonish. Personally speaking I am so annoyed with Kespa right now, that I actually hope that they get their ass handed in court. | ||
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mdb
Bulgaria4059 Posts
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bokeevboke
Singapore1674 Posts
 KESPA did popularize starcraft in Korea. Its their job, they spent many years working on it. And now Gretech trying to use this popularity of starcraft to gain more money. They are not different than other giant money-hungry corporations. If KESPA didn't do their job then starcraft wouldn't be succesful. SC and SC2 even wouldn't make half of money they made until now. Community or interested people would be much fewer if KESPA didn't act. Its actually Gretech who is stealing KESPA's job. | ||
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