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United States238 Posts
Source: http://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=105&oid=030&aid=0002091538
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KeSPA and Gretech will try SC IP rights negotiation once again, but this time, a 3rd party IP rights lawyers will be involved. Due to both sides unable to reconcile their differences, this can be seen as a way to resolve this problem by having a 3rd party member's opinion.
Right now, the worst possible outcome -- lawsuit due to forced Proleague then followed by nullifying the league -- has been avoided. Also, Gretech recently revealed their terms of negotiation through SC2 communities.
In 17th (in Korean time), KeSPA and Gretech decided that in this coming week, they will open a negotiation with IP rights lawyers in attendance.
Prior, Gretech sent KeSPA a certified mail. KeSPA sent a response, but it ended with just confirming both side's position in this matter. So following that, it is decided that just negotiation between both of them will not find an agreement easily. Therefore, they have decided on a 3rd party arbitrator in an attempt to find a solution. The arbitrator -- the IP rights lawyer -- can be seen as the 'referee'. For fairness, the IP rights lawyer will be recommended by Blizzard, and if both sides agree on the choice of the IP rights lawyer, negotiation will start.
In a meanwhile, Gretech revealed what their terms of negotiations were through GSL community forums. It can be seen as a way to pressure KeSPA and to deal with the rumors at the same time.
The terms revealed were: Each tournament fees 1 won, broadcasting fee, 100 million won, contract validity to be 1 year, rights to the broadcasting products to be 50:50, and acknowledging the IP rights.
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I think gretech not wanting to shut down proleague means something
Flame me on.
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The way I understand it, this is not a formal arbitration with a binding decision but rather just continued negotiation on modified terms? Even so, it's good to see that PL will mostly likely continue this season uninterrupted.
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United States4053 Posts
On October 18 2010 05:05 Selith wrote:
The arbitrator -- the IP rights lawyer -- can be seen as the 'referee'. For fairness, the IP rights lawyer will be recommended by Blizzard, and if both sides agree on the choice of the IP rights lawyer, negotiation will start.
i don't understand how this is going to be fair
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United States238 Posts
*shrug*, that's what article says. I don't see how that is considered fair either. At least article does say -both- sides must agree on it.
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sigh... lets just get this whole negotiation over with, so we cant watch some more SC!
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KeSPa wants something from Gretech/Blizzard.
Blizzard recommends the IP lawyer.
KeSPa can accept or not.
The lawyer will be some kind of referee in the negotiations.
How is that unfair ?
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For fairness, the IP rights lawyer will be recommended by Blizzard
How on earth is that 'fair'?
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It's likely the lawyer recommended will not be a Blizzard in-house lawyer, but one from an outside firm and that specializes in arbitration. The lawyer has to think about his (and his firm's) reputation when acting as a referee. He's probably not going to try to corrupt the process unless he really wants to commit professional suicide.
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The very idea of having a referee/arbitrator is that he should be impartial. The sentence about Blizz 'recommending' one sounds really weird. It seems like instad of not coming to an agreement about the subject matter, now they may very well become split about the 3rd side lawyer.
Good thing there is an attempt at negotiating though, it looks like neither side really wants to bring this to court.
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There's no way that Blizzard won't recommended a lawyer that's at least slighty partial towards them.
Just another thing to disagree upon. This is going to take ages.
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For fairness, the IP rights lawyer will be recommended by Blizzard, and if both sides agree on the choice of the IP rights lawyer, negotiation will start.
How is that fairness ? As far as i remember Blizzard demanded ownership over leagues , broadcasts , and teams . Something that they haven't lifted a fingure to establish ... They'll probably recommend an Activision lawyer ... but seriously they should be negotioting about how much royalties Kespa has to pay Gretech for 1 year or 1 season of proleague ... Anything else like demanding ownerships over something or that proleague has to be moved to a different time spot should be out of the question really .
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well kespa has to "agree" so if that is what it says it is then it should be fairish since kespa just says no unless they think they're not getting the short end.
that is if there is nothing more to it.
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United States238 Posts
It's probably very likely, since Blizzard has to go "Hey, I recommend so-and-so", then KeSPA will probably launch a very thorough background check on this guy, then say yes or no.
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this is a positive development of course. at least better than nothing. And this shows that Gretech is showing goodwill and does not want to kill bw outright ( yes they can also be pretending to drag this out so as not to antagonize the korean bw fans but lets think positive).
I am glad that Kespa is not so stubborn to recognize that there is a law for everything and they can't cling to the "they are just a foreign company therefore they can't win in korea" mentality
I am curious if they will adhere to the IP rights lawyer decision no matter what like how countries do it if they want to settle a dispute via International Courts of Justice ( meaning they have to accept the decision no matter what). Otherwise , I don't see any party being happy if the recommmendation does not favor them.
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I have to laugh at the guys always trying to find something "evil" about Blizzard/Gretech. Where do you think more IP disputes are challenged? Korea or the motherland of law suits United States? People can get their panties in a bunch all they want but, the mere fact that Blizzard/Gretech aren't suing Kespa into the ground and trying again should signal that they don't want Proleague to "go away". Yes Blizzard still wants money since Kespa is still using their product but, the demolition of SC:BW is now firmly in Kespa's hands not Blizzard's.
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Glad to knwo they're giving it another go. And look at the lawyer situation this way...if they cant agree on the 3rd party this will drag a little bit more and PL will continue.
And the fact that PL started without the agreement and gretech is still willing to negotiate is a good thing.
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On October 18 2010 05:38 Hrrrrm wrote:
I have to laugh at the guys always trying to find something "evil" about Blizzard/Gretech. Where do you think more IP disputes are challenged? Korea or the motherland of law suits United States? People can get their panties in a bunch all they want but, the mere fact that Blizzard/Gretech aren't suing Kespa into the ground and trying again should signal that they don't want Proleague to "go away". Yes Blizzard still wants money since Kespa is still using their product but, the demolition of SC:BW is now firmly in Kespa's hands not Blizzard's.
Logical fallacy.
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Why isn't this negotiation done when both sides have their own lawyers?
3rd party lawyers is so fishy.
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EPT
