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United States238 Posts
The lawyerese is pretty annoying.
Source: http://www.fomos.kr/board/board.php?mode=read&keyno=113292&db=issue&cate=&page=1&field=&kwrd=
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In Dec. 10th, first court session of MBCGame v. Blizzard-Gretech (regarding IP rights) have started.
However, the session has been delayed without much argument due to MBCGame requesting "lawsuit cost collateral request".
What it is, is that if the plaintiffs are a foreigner or a foreign company, the defendants can request that to force the foreigner/foreign company to get the necessary collateral before the court can proceed. Defendant can do this in order to ensure the rights to request payments for their lawsuit costs (should they win).
The plaintiffs - Blizzard-Gretech - stated MBCGame has been violating Blizzard's IP rights for many years, and with MBCGame forcing MSL despite the fact Blizzard sent them a warning saying, "Stop violating our IP rights". Blizzard-Gretech then stated there is no way they can avoid a lawsuit, and has filed for such in Oct. 28th.
In a meanwhile, today, the court asked, "While the lawsuits are going on, it looks like a proper mediation can end this matter. What do you think?". To that, Blizzard answered, "A proper mediation can end this matter." However, MBCGame stated, "While we can accept mediation, we wish take this opportunity to know just how far the IP rights reach in regards to broadcasting content creation through a game."
The defendants requested additional time to prepare in-depth answers in relating to IP rights violation request, and as such, the second session is set to begin in January 28th.
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United States4053 Posts
That's uneventful. MBC's response is soemwhat odd though.
TY for translating!
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United States7481 Posts
thanks for the translation, guess this is on the back burner for a month and a half
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I keep forgetting how painstakingly long a lawsuit is. Hopefully they can agree on something decent. Although this will probably just end in the court favoring one or the other. I expect OGN will be the same.
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On December 10 2010 16:30 seRapH wrote: So... nothing happened?
Something did happen this " "lawsuit cost collateral request" well in a sense it's asking for the plaintiff who are suing the defendant to get ready the money to ensure there will be a colleteral compensation given at the time of the case being resolved . I still like MBC pushing the limits by seeing how far these IP rights go . Go mbc I am all behind you lets see if the JD & Flash of the law firms can actually do anything to mbc.
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This should set an interesting case study for Entertainment and Multimedia Company's protecting International Intellectual Property Rights. This case could set an precedent in sports-media regarding IP rights. Really a shame that it had to get to this.
It seems very amusing that MBC Game is requesting a "lawsuit cost collateral request", as Activision-Blizzard is a very wealthy company (especially from their WoW subscriptions for the past 5-6 years). Seems like a maneuver to buy more time for MBC to solidify their case. I wonder if Blizzard issue a "cease and desist" on this PDPOP MSL or if MSL goes another season than future MSLs. Activision-Blizard has stated that they have no intention of killing BW, so it seems unlikely that they will go back on their word and pursue such legal action. I am hoping for the best as watching BW is more enjoyable for me than SC2.
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United States4053 Posts
On December 10 2010 16:37 GhoSt[shield] wrote: This should set an interesting case study for Entertainment and Multimedia Company's protecting International Intellectual Property Rights. This case could set an precedent in sports-media regarding IP rights. Really a shame that it had to get to this.
It seems very amusing that MBC Game is requesting a "lawsuit cost collateral request", as Activision-Blizzard is a very wealthy company (especially from their WoW subscriptions for the past 5-6 years). Seems like a maneuver to buy more time for MBC to solidify their case. I wonder if Blizzard issue a "cease and desist" on this PDPOP MSL or if MSL goes another season than future MSLs. Activision-Blizard has stated that they have no intention of killing BW, so it seems unlikely that they will go back on their word and pursue such legal action. I am hoping for the best as watching BW is more enjoyable for me than SC2. It's going to be ridiculously bad PR if Actiblizz does end up killing BW, since they've said they have no intentions of doing so. They're in a big bind right now. They have to win and show dominance over IP rights without crippling the broadcasting companies to the point where BW falters.
That's also probably why Actiblizz has not (and will not?) pursue an injunction.
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=P at this point i'm fine with the lawsuit being pushed bac and delayed indefinately as long as there is no sucessful injuction from Blizzard on my BW. MBC might feel this way too.
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Interesting MBC Game response. I'm kinda interested too.
How much IP rights can you exert over the creation of a game, especially when it deals with the consumer's usage after the game has been purchased?
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phew, broodwar lives to see another day.
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Osaka27118 Posts
Thank you for keeping us up to date. It is really important and appreciated.
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Corporate lawsuits take a really long time to end. It sounds like the MBC lawyers have come well prepared for this case though, so that's at least reassuring.
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Definitely nothing happened. Well, this is good for now. The longer this takes the longer BW scene will last.
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Thank you for translating, i appreciate it. Its really going to be interesting what happens, we have heard both sides and I have refrained from making an opinion, but the courts really will have to decide. This is kind of a huge deal, it's groundbreaking laws being formed that will have a large effect on the future of eSports.
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Estonia4504 Posts
Hell yeah! I wouldn't say any side really wants to be there (at least not any more), and that in itself is a great thing for the negotiations. I sincerely hope Blizzard will make some amends as well. Please, Blizzard, don't cripple BW.
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Blizzard is indeed in bind. You are spot on infinite. The negative publicity in a country such as Korea with gaming as a part of its culture would have terrible future consequences for a media-entertainment company such as Activision Blizzard. Their bind comes from every Multinational Corporations issues, protection of IP rights abroad. Without having their Intellectual Property recognized, future transgressions will bring up the same problems and issues. Should be interesting to see how this is resolved, and its resulting impact upon Korea and e-Sports.
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Russian Federation4405 Posts
On December 10 2010 16:39 infinitestory wrote:Show nested quote +On December 10 2010 16:37 GhoSt[shield] wrote: This should set an interesting case study for Entertainment and Multimedia Company's protecting International Intellectual Property Rights. This case could set an precedent in sports-media regarding IP rights. Really a shame that it had to get to this.
It seems very amusing that MBC Game is requesting a "lawsuit cost collateral request", as Activision-Blizzard is a very wealthy company (especially from their WoW subscriptions for the past 5-6 years). Seems like a maneuver to buy more time for MBC to solidify their case. I wonder if Blizzard issue a "cease and desist" on this PDPOP MSL or if MSL goes another season than future MSLs. Activision-Blizard has stated that they have no intention of killing BW, so it seems unlikely that they will go back on their word and pursue such legal action. I am hoping for the best as watching BW is more enjoyable for me than SC2. It's going to be ridiculously bad PR if Actiblizz does end up killing BW, since they've said they have no intentions of doing so. They're in a big bind right now. They have to win and show dominance over IP rights without crippling the broadcasting companies to the point where BW falters. That's also probably why Actiblizz has not (and will not?) pursue an injunction. This.
And since they said they do not see esports as a source of profit, they should make an agreement (but not only they, MBC and OGN too), so that the Blizzard will be somewhat promoted through these broadcasts so that we'll see that this is not only the product of OGN, but of the developer company too. That would be correct from all points of view #_#
Offtopic - I can't help thinking of SC2 as a lower and SC as a higher division of e-sports RTS... Much like Primera and Segunda in Spain's football leagues for example...
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konadora
Singapore66071 Posts
yay BW to continue until january :p (minimum!)
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On December 10 2010 18:09 konadora wrote: yay BW to continue until january :p (minimum!) *knocks on wood*
btw, is it me... or does those answers sound very badass? : o
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