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OGN/MBCGame vs Blizzard, Second Session

Forum Index > Community News and Headlines
255 CommentsPost a Reply
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Milkis
Profile Blog Joined January 2010
5003 Posts
Last Edited: 2011-01-28 15:45:03
January 28 2011 06:26 GMT
#1
Brief Summary of what happened in the first court session
    - MBC Game requested that Blizzard post a collateral [1]
    - MBC also requested that the case be classified a bit more specific than Blizzard's case for simple IP rights violation, and the judges also requested that Blizzard submit any precedent cases regarding IP rights violations in America that is related
    - MBC and OGN will be defended together in this case
    - The judge asked "isn't this something that should end via negotiation". Blizzard Lawyer responded "Yes", and the MBC lawyer responded that they would prefer a decision -- because this is the first case regarding game IP rights, they would like to figure out the legal boundaries of how much of the game they an use.
    - Blizzard is suing MBC for 350,000,000 won.

Second session took place today on the 28th. Some notes.

    - MBC Game responded to the prosecution's IP right violation argument with various arguments that claimed what they were doing was lawful. They also requested the original contract between Gretech and Blizzard [2] questioning Gretech's authority to form contracts.
    - The key point of the trial was related to who the damages would be paid to, the duration of the damages, and the compensation. This is because even though Gretech only got a license on May, Blizzard and Gretech both requested compensation from damages. In response, the Judges ordered that the damages be split between the prosecuting parties [3], and that they recalculate the amount requested and the duration of the damages and then resubmit the damages.
    - The judge also ordered the prosecution to prove the fact that defendants had violated IP rights.
    - The defendants also pointed out that the English contracts between Gretech and Blizzard included an article about a transition from Starcraft to Starcraft 2 [4], and requested that the prosecution explain themselves, as it strange for Blizzard to claim rights to a BW, as Blizzard had no intentions to hold Brood War tournaments. The judges also ordered that this happen, and Blizzard lawyers answered "They cannot address that in the middle of the lawsuit"
    - Third trial will take place on March 18th.

Translation Notes
[1] apparently MBC is allowed to request this in the case where the opposing party is foreign -- basically, if MBC wins the case, Blizzard will have to compensate MBC for the law fees
[2] Blizzard is implied, not 100% sure
[3] I'm thinking there's an error here -- since it refers to prosecution, so it would relate to Gretech/Blizzard, but the article claims MBC/OGN.
[4] "Transition to StarCraft II: Wings of Liberty :
Organizer will use its best efforts to make smooth transition from Starcraft I to Starcraft II: Wings of Liberty and its expansions("Starcraft2") and to make smooth transition of professional players from Starcraft 1 to Starcraft 2 from the time Starcraft 2 becoms available for play." was the original English on that article

Sources: http://www.thisisgame.com/board/view.php?category=13438&id=581185
http://www.thisisgame.com/board/view.php?id=546149&category=102

http://esports.dailygame.co.kr/news/read.php?id=39412
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Antoine
Profile Blog Joined May 2010
United States7481 Posts
January 28 2011 06:31 GMT
#2
Thanks for translating, saw this over on thisisgame earlier. It seems like there's been delay after delay but the judge certainly is interested in getting all the facts, so regardless of people agreeing or disagreeing with the eventual decision, it will at least be a fully informed one.

I'm sure I'm not alone in just wishing it would all be over already ;_;
ModeratorFlash Sea Action Snow Midas | TheStC Ret Tyler MC | RIP 우정호
aru
Profile Joined April 2010
183 Posts
January 28 2011 06:34 GMT
#3
On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.


That's pretty hilarious.
Zim23
Profile Joined August 2010
United States1681 Posts
January 28 2011 06:36 GMT
#4
Wow, didn't expect they would actually put the transition from BW to SC2 in writing. I just expected them to apply pressure in an unofficial capacity.
Do an arranged marriage if she's not completely minging, and don't worry about dancing, get a go-kart, cheers.
IntoTheEmo
Profile Joined February 2009
Singapore1169 Posts
Last Edited: 2011-01-28 06:39:25
January 28 2011 06:38 GMT
#5
On January 28 2011 15:34 aru wrote:
Show nested quote +
On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.


That's pretty hilarious.


Wait, I don't get it, so what if Blizzard wins MBC has to transition to SC2? Or that the terms offered by Blizzard included a transition to SC2?

Edit: Also, thanks Milkis for translating, seems that you have news every time I visit the local Korean mart lol.
MMOs kill APM. However Proleague plus BW Proscene music increase APM -> 100. 이제동 Fighting! Highest ranked Jaedong owner in FPL10 = clearly #1 Jaedong fan~! <- Keeping my sig from 2010
skindzer
Profile Blog Joined May 2005
Chile5114 Posts
January 28 2011 06:39 GMT
#6
Thanks a lot! Have you read or know anything about whats the expected duration of the trial?
Its not only the rain that brings the thunder
Trozz
Profile Blog Joined November 2008
Canada3454 Posts
January 28 2011 06:39 GMT
#7
That word 'damages'...
Blizzard sued them for so much.
What will it change to?
A build is not a guess, an estimation or a hunch, a feeling, or a foolish intuition. A build is a dependable, unwavering, unarguably accurate, portrayer of your ambition.
Waxangel
Profile Blog Joined September 2002
United States33357 Posts
January 28 2011 06:42 GMT
#8
ohhh they're actually suing them for damages, I just thought they were filing an injunction to prevent them from broadcasting
AdministratorHey HP can you redo everything youve ever done because i have a small complaint?
BLinD-RawR
Profile Blog Joined April 2010
ALLEYCAT BLUES50118 Posts
January 28 2011 06:43 GMT
#9
On January 28 2011 15:38 IntoTheEmo wrote:
Show nested quote +
On January 28 2011 15:34 aru wrote:
On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.


That's pretty hilarious.


Wait, I don't get it, so what if Blizzard wins MBC has to transition to SC2? Or that the terms offered by Blizzard included a transition to SC2?

Edit: Also, thanks Milkis for translating, seems that you have news every time I visit the local Korean mart lol.


I didn't get it either....Anyways thanks milkis I was looking forward to this and expected this to happen.
Brood War EICWoo Jung Ho, never forget.| Twitter: @BLinDRawR
TL+ Member
r3z3nd3
Profile Blog Joined November 2007
Brazil522 Posts
January 28 2011 06:44 GMT
#10
I think Blizzard will be pretty f*cked. The world will see the mess that is Star2 and go back to the best e-sports of all time =)
Born to fast expand
Seraphic
Profile Joined September 2010
United States3849 Posts
January 28 2011 06:46 GMT
#11
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.
Natus Vincere Fan | Team Secret Fan | SK Telecom T1 Fan | Lanaya the Templar Assassin <3
dras
Profile Joined August 2010
Kazakhstan376 Posts
January 28 2011 06:47 GMT
#12
On January 28 2011 15:42 Waxangel wrote:
ohhh they're actually suing them for damages, I just thought they were filing an injunction to prevent them from broadcasting


that changes a lot of things. i wasn't aware of this either.
enzym
Profile Joined January 2010
Germany1034 Posts
January 28 2011 06:47 GMT
#13
On January 28 2011 15:46 Seraphic wrote:
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.

Don't you step over the boundaries of what is actually known about the contract. It only says that there was a passage mentioning it, not how it was mentioned and which contract they were talking about (i.e. the one between Blizzard and Gretech or future ones involving OGN and MBC). Please be reasonable.
"I fart a lot, often on my gf in bed, then we roll around laughing for 5 mins choking in gas." — exog // "…be'master, the art of reflection. If you are not a thinking man, to what purpose are you a man at all?" — S. T. Coleridge
Antoine
Profile Blog Joined May 2010
United States7481 Posts
January 28 2011 06:48 GMT
#14
Yeah the switching to sc2 thing is pretty ridiculous, I would be shocked if that is left intact in the judge's ruling. In my mind the most likely outcome is a fine for ogn/mbc and the requirement that they pay a seasonal fee to gretech/blizzard (neither as much money as blizzard would want), but are still allowed to cast sc1.
ModeratorFlash Sea Action Snow Midas | TheStC Ret Tyler MC | RIP 우정호
BLinD-RawR
Profile Blog Joined April 2010
ALLEYCAT BLUES50118 Posts
January 28 2011 06:48 GMT
#15
On January 28 2011 15:46 Seraphic wrote:
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.


HEY HEY!!!!!RELAX!!!!!

there seems to be some confusion even in the translation.(no i'm not rapping it just sounds that way :D)
Brood War EICWoo Jung Ho, never forget.| Twitter: @BLinDRawR
TL+ Member
udgnim
Profile Blog Joined April 2009
United States8024 Posts
January 28 2011 06:49 GMT
#16
The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.


so there goes the argument that Blizzard just wants their IP rights recognized and isn't out to kill Brood War progaming
E-Sports is competitive video gaming with a spectator fan base. Do not take the word "Sports" literally.
Milkis
Profile Blog Joined January 2010
5003 Posts
January 28 2011 06:49 GMT
#17
On January 28 2011 15:48 BLinD-RawR wrote:
Show nested quote +
On January 28 2011 15:46 Seraphic wrote:
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.


HEY HEY!!!!!RELAX!!!!!

there seems to be some confusion even in the translation.(no i'm not rapping it just sounds that way :D)


nah, the original isn't very clear either
Seraphic
Profile Joined September 2010
United States3849 Posts
January 28 2011 06:52 GMT
#18
well I mean, the whole, "Transition from Starcraft to Starcraft 2" is clear enough isn't it? lol.

Unless there is an hidden Blizzard message saying, "ha were kidding sorry."
Natus Vincere Fan | Team Secret Fan | SK Telecom T1 Fan | Lanaya the Templar Assassin <3
BLinD-RawR
Profile Blog Joined April 2010
ALLEYCAT BLUES50118 Posts
January 28 2011 06:55 GMT
#19
but still considering the situation I feel that this lawsuit has become probably the best thing that has ever happened to this negotiation.
Brood War EICWoo Jung Ho, never forget.| Twitter: @BLinDRawR
TL+ Member
tree.hugger
Profile Blog Joined May 2009
Philadelphia, PA10406 Posts
Last Edited: 2011-01-28 06:59:15
January 28 2011 06:57 GMT
#20
On January 28 2011 15:42 Waxangel wrote:
ohhh they're actually suing them for damages, I just thought they were filing an injunction to prevent them from broadcasting

Doesn't change the essential fact that someone will win and someone will lose, and what we know about the aftermath of either outcome is essentially the same as fans and consumers.

On January 28 2011 15:34 aru wrote:
Show nested quote +
On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.

That's pretty hilarious.

It is. ^^

And also pretty sad at the same time.
ModeratorEffOrt, Snow, GuMiho, and Team Liquid
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