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Stephano contract situation - Page 142

Forum Index > SC2 General
3152 CommentsPost a Reply
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Lack of content, flaming (of the French or anyone) and useless posts will be punished. Please keep it from being too inflammatory and keep discussion on-topic. -semioldguy (p.103)

Update: Please read http://www.teamliquid.net/forum/viewmessage.php?topic_id=267506#1 and continue the discussion there.
ArchDC
Profile Joined May 2011
Malaysia1996 Posts
September 20 2011 13:38 GMT
#2821
Give it a rest and let the player and two teams sort it out internally and peacefully and come up with a joint Kumbaya statement.

We are all in esports and let's try and be understanding toward one another and act in good spirit towards growing the industry...
Merlimoo
Profile Joined January 2011
France192 Posts
September 20 2011 13:39 GMT
#2822
On September 20 2011 22:35 rO_Or wrote:
Show nested quote +
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
On September 20 2011 12:30 Crosswind wrote:
Dear Citizens of the Internet,

It may shock some of you to hear that sometimes 18-year olds are inconsistent. It may amaze you that teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism. But rest assured - this is not the first time these things have happened, and it will not be the last. Some might go so far as to say that these things happen
all the time.

Hating 18-year-olds for changing their minds or fledgling organizations for lacking professionalism is like hating a dog for chasing cars. Probably justifiable, but ultimately silly.

Smile, and cheer for Stephano, who is a fantastic and promising player, or for Mill/CoL, who are excellent teams giving young players opportunities.

-Cross

Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism.

No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...


This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when you sign a contract it is assumed that you did your research beforehand and knew what you were signing to. Once you have given your signature it is confirmation that you have READ, UNDERSTAND, and AGREE to the terms you have signed. This is the way business works, either in a large multimillion dollar corporation or in the smallest independently run store.


If you have read the thread until then, please, try to envision the fact that the whole world does not necessarily work like in the US. And by all mean, thanks god.
Day[9] made me do it.
Himali
Profile Joined July 2010
France12 Posts
September 20 2011 13:41 GMT
#2823
On September 20 2011 22:37 MetalSlug wrote:
Show nested quote +
On September 20 2011 22:33 Himali wrote:
On September 20 2011 22:28 rO_Or wrote:
On September 20 2011 22:13 Himali wrote:
Millenium just made an official statement.

http://www.millenium.org/starcraft-2/accueil/actualites/statement-on-the-stephano-situation-51050



Sounds like Mill isn't too confident that the French contract "exception" will hold up in a court of law and is now backtracking to cover their rears... If they were sure of their position I don't see why they would engage in negotiations with col.


Lol? Seriously? If any I see a huge step in the right direction from M. There was absolutly 0 legal treat for M, and Col knows that. If they engage negociations it's because their player fucked up and it's a sign of good faith, not of some imaginary fear of Col's "legal team"....

"If anything, this unfortunate series of event has pointed out the impending necessity to ease worldwide communication between structures, and players, to avoid this kind of situation from ever occurring again." -> thats why they reach out to Col... because they actually believe this.


Show nested quote +

Unfortunately, Stephano is well within his rights under French contract law here (French contract law always applies to contracts between French citizens and foreign companies, and a person can get out of any contract with no penalties within 30 days of signing it).


there shouldnt be a problem for him as long as he stays home because french law is funny, it could get interresting once stephano wants to enter the US tho....


Omg... Why wait that he is on your soil, don't you have some nice rendition program for progamers?

Überlame

User was warned for this post
SolidMustard
Profile Joined May 2011
France1515 Posts
September 20 2011 13:41 GMT
#2824
Risen United States. September 20 2011 22:33. Posts 1778
[...]
You can't assume other cultures will value the same things you do. In France, people are more likely to break their word, and people view it simply as a failing of humans and are not punished for it. Their laws reflect this. Col isn't in the wrong here, and neither is Mill. It's against the law in the US to break contract, but Stephano isn't in the US, he's in France.lyin Stop appg US laws to him.


Dude, you deserve a ban for such a stupid statement... I'm french, I think both Millenium and Stefano screwed up badly and I fully support coL in this but wtf is wrong with you and the french people ?

We are "more likely to break our word" ? and "our laws reflect this" ???

You seriously need a few days of ban to learn to manner up, dude...
Ryder.
Profile Joined January 2011
1117 Posts
September 20 2011 13:42 GMT
#2825
On September 20 2011 22:33 Risen wrote:
Show nested quote +
On September 20 2011 22:26 Ryder. wrote:
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
On September 20 2011 12:30 Crosswind wrote:
Dear Citizens of the Internet,

It may shock some of you to hear that sometimes 18-year olds are inconsistent. It may amaze you that teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism. But rest assured - this is not the first time these things have happened, and it will not be the last. Some might go so far as to say that these things happen
all the time.

Hating 18-year-olds for changing their minds or fledgling organizations for lacking professionalism is like hating a dog for chasing cars. Probably justifiable, but ultimately silly.

Smile, and cheer for Stephano, who is a fantastic and promising player, or for Mill/CoL, who are excellent teams giving young players opportunities.

-Cross

Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism.

No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...

These are just a few posts from French posters insinuating he can get out of it... I wasn't trying to put words in anyone's mouth, just stating an observation that I saw. I am not sure how to mass quote whilst still keeping the names of who posted the quote so I'm sorry.

I'm maybe wrong, but I rather think : It's probably legal for a french citizen, and illegal for an US citizen. It was coL's job to make sure that the contract respected french law.
Because of the mistake they made, coL probably can't sue Stephano.


As I've said before this is absolutely not true in France.

In France a contract saying one guy will pay another guy 10 Million dollars if he mows his lawn is completely illegal.

It is written in the french law that one cannot be expected to honor a contract that is clearly unreasonable.


French laws are much less rigid and more about common sense than US laws.

Anyone with common sense would agree that breaking a contract 24 hours after signing it doesn't harm any of the actors involved.

If I sign a contract in France where I hire a guy to mow my lawn in exchange for 1 Million €, and I don't pay up, the guy can try to sue me all he wants, but at most I'll just have to pay him 25€ + legal fees and most likely this won't even ever go to court.

In this case, the contract has obvious flaws. The fact that stephano might not have understood it entirely (language, young age, time of signature...), the fact that it has appearantly no withdrawal period (is that how you say it ?) etc...

The problem here is that this is apparantly a US contract by US laws and I guess we'll just have to wait and see what will happen.

Americans are all upset about this because in their culture, a contract is a 100% binding agreement. French people don't care as much of what stephano did because in french culture, there are usually a lot of ways to break a contract, and contracts who don't allow this are usually illegal (by frenchlaws).

I personally think that Millenium's move is not very classy and/or professional.

I don't mind much for Stephano's action because the amounts of money involved can lead to difficult situation for an 18 year old (think back how mature you guys were when you were 18).

I can't help but feel that coL got what they deserved for blatently going behind Mill's back (even though Mill probably were aware of the situation, coL didn't negociate with them directly) and pressuring an 18 year old player into signing a contract. I say "pressured" because obviously, someone who changes his mind 24 hours after signing a contract wasn't given the opportunity to think it through.

Most of the drama here could be avoided if teams would stop considering pro players as goods they can trade. Teams just seem to want to buy players at the top of their skill, regardless of whether or not the training environment they provide will allow the player to reach his potential. Then when the player's skill declines because of an unadapted envirionment, they just release him and buy a new one. If coL had Stephano's best interest at heart, they would have talked with him thouroughly before hand instead of trying at all cost to make him sign a contract. Stephano most likely didn't even know what he was getting into.

On the other hand, Mill is offering stephano a stable environment in his own country, a CDI which means he is guaranteed financial stability for a long time (protected by french laws) and if I understood correctly an opportunity to go to korea eventually. One can very much understand why stephano would want to stay in Mill.

All in all, I think I'd have to go with "everyone is guilty" on this issue.


and yes in France you can break a contract soon after signing it but only if you didn't start to work... and you would really enjoy this part of french law you buy a House and learn 3 days later that they're building a fucking huge airport right Next to it ( true story ^^) A comparaison betwen this situation and huk situation is clearly a non sense


So, at 4 a.m with probably a hudge contract with nicely announcement, he said "yes" but , he changes his mind again and wasn't surprised with his personnality. He just dont really "care".

Anyway for the "law" part, there are no discussion : Millenium just cant lose and legaly , they are fine.

Too much desinformation in this thread , CoL will win communication battle by language advantage.
But hopefully , legaly , their contract is a fail and even if he works, you can retract in France, whatever you think it's a good or bad law, this is the law


Actually , this is the first pro gamer contract in France, before, the team in wc3 for example never succeded to made a legal contract.
MoMan, who was the first french sc2 "pro" was just salary on lan house...
Millenium tooks few month to make this contract legally with french lawyer, so I dont think an Amercian contract made in less then 3 weeks can work...
And as I said, anyway , you can retract in France. For example, you can sign for a House for millions dollars, then break the contract 6 days later




Also just because you use spoilers doesn't mean your troll comment is suddenly no longer a troll comment... People in US enforce contract law because if contracts were unenforceable they would be worthless. Why make a contract if you can get out of it? The whole idea of a contract is to be legally binding, and it is a system put in place to promote consistency and certainty, in that what you sign up for is what you get.

Edit: Also I don't know what the end consequence is going to be, but I highly doubt (assuming coL's case is successful) he is gonna be forced to work with coL... at least in AUSTRALIA the courts do not order an action for specific performance if the services in question are based on goodwill (such as playing in a team). I assume that [M] would just have to pay coL damages..? Someone who is knowledgeable on the subject could probably be of more help.


You can't assume other cultures will value the same things you do. In France, people are more likely to break their word, and people view it simply as a failing of humans and are not punished for it. Their laws reflect this. Col isn't in the wrong here, and neither is Mill. It's against the law in the US to break contract, but Stephano isn't in the US, he's in France. Stop applying US laws to him.

Show nested quote +
On September 20 2011 22:27 Bobster wrote:
That Millenium statement doesn't really tell us anything. :/

Looks like they don't value clarification and transparency, what a pity.


Kinda thought the same thing while reading this.

Please read the conversation before jumping in half way attempting to answer an issue that wasn't even being talked about...
And well he is dealing with a US company so US law may very well apply to him should he choose to come to the US

Also I'm from Australia and was talking about Australian law.

Please read the whole convo?
Boardin
Profile Joined September 2009
234 Posts
September 20 2011 13:47 GMT
#2826
On September 20 2011 22:38 Himali wrote:
Show nested quote +
On September 20 2011 22:35 Boardin wrote:
On September 20 2011 22:13 Himali wrote:
Millenium just made an official statement.

http://www.millenium.org/starcraft-2/accueil/actualites/statement-on-the-stephano-situation-51050


Thats not a statement. They called Col's official website, reddit, and TL news posts gossip. They provided no transparency into what happened. They essentially said fuck you to the TL and its readers, yourself included. If they actually had something positive to say, they would have said it.


You Sir are either a troll or... I don't want to think about the alternatives. Not recognizing the good faith displayed in this statement is proof of obvious bias...

What good faith? What did they say in this statement that is productive? That they will talk to col. Ya they will becuase they are about to get sued. That's about it
Dawg_Snow
Profile Joined September 2011
France425 Posts
September 20 2011 13:47 GMT
#2827
I agree that the signature of the contract and then backing off was a blunder and that this issue could have been handled in a better way.

I don t like the fact that complexity posted so fast on TL their recruitment without even noticing Millenium about it.

I think Millenium was only fighting back to keep their player, they have nothing to be ashamed off as a team, they can ship him to any tournament he wants to and support him greatly as well.

But i would REALLY like a statement from Stephano to explain himself, maybe it will cool off all the haters on TL which ahave 0 tolerance and keep on saying : "yeah ban him from any tournameent" "yeah let s destroy the kid career because he couldn't decide".

And also, to all the racist that use this issue to troll over France and split their hatrance towards a nation, go grow a brain.

Let the both teams resolves this matter internally, this should never have leaked on public boards, it concerns only the both teams and the player and not all the population of sc2.

Stephano, Sarens, Tarson, Mana, MMA, MVP -- Dawg EU Master Terran
rO_Or
Profile Joined October 2010
United States306 Posts
September 20 2011 13:48 GMT
#2828
On September 20 2011 22:39 Merlimoo wrote:
Show nested quote +
On September 20 2011 22:35 rO_Or wrote:
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
On September 20 2011 12:30 Crosswind wrote:
Dear Citizens of the Internet,

It may shock some of you to hear that sometimes 18-year olds are inconsistent. It may amaze you that teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism. But rest assured - this is not the first time these things have happened, and it will not be the last. Some might go so far as to say that these things happen
all the time.

Hating 18-year-olds for changing their minds or fledgling organizations for lacking professionalism is like hating a dog for chasing cars. Probably justifiable, but ultimately silly.

Smile, and cheer for Stephano, who is a fantastic and promising player, or for Mill/CoL, who are excellent teams giving young players opportunities.

-Cross

Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism.

No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...


This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when you sign a contract it is assumed that you did your research beforehand and knew what you were signing to. Once you have given your signature it is confirmation that you have READ, UNDERSTAND, and AGREE to the terms you have signed. This is the way business works, either in a large multimillion dollar corporation or in the smallest independently run store.


If you have read the thread until then, please, try to envision the fact that the whole world does not necessarily work like in the US. And by all mean, thanks god.


If you even took the time to read the post you are responding to then you would realize I am not talking about US law. I was saying that regardless of law (key word: regardless), this situation is based around integrity. Integrity is not an American idea, it is a universal principle. So... I stand by what I said.
On August 19 2011 00:04 Larryx wrote: The thing is that EU events are so much Difficultier than NA ones.
Zorkmid
Profile Joined November 2008
4410 Posts
September 20 2011 13:50 GMT
#2829
On September 20 2011 22:47 Dawg_Snow wrote:
Let the both teams resolves this matter internally, this should never have leaked on public boards, it concerns only the both teams and the player and not all the population of sc2.


It was never "leaked"

coL ANNOUNCED the signing and then Millenium said "NUH UH"!

All on the front page of their respective webpages. Millenium makes a post like that and then expects the community to let them work it out in private? Priceless.
Himali
Profile Joined July 2010
France12 Posts
September 20 2011 13:53 GMT
#2830
On September 20 2011 22:47 Boardin wrote:
Show nested quote +
On September 20 2011 22:38 Himali wrote:
On September 20 2011 22:35 Boardin wrote:
On September 20 2011 22:13 Himali wrote:
Millenium just made an official statement.

http://www.millenium.org/starcraft-2/accueil/actualites/statement-on-the-stephano-situation-51050


Thats not a statement. They called Col's official website, reddit, and TL news posts gossip. They provided no transparency into what happened. They essentially said fuck you to the TL and its readers, yourself included. If they actually had something positive to say, they would have said it.


You Sir are either a troll or... I don't want to think about the alternatives. Not recognizing the good faith displayed in this statement is proof of obvious bias...

What good faith? What did they say in this statement that is productive? That they will talk to col. Ya they will becuase they are about to get sued. That's about it


I can only advise to reread the statement from the perspective of someone who actually knows that there is, never was, and never will be any legal threat for M in this matter.... Jesus, people seriously believing this had the potential to ever be discussed in any courtroom must be completly dellusional about the economic interests involved here (so hugly outweighted by legal cost, thus making no sense for any party involved...regardless of legal grounds)
CheeC[h]
Profile Joined August 2009
United States137 Posts
September 20 2011 13:53 GMT
#2831
What is the difference between a frenchwoman and a basketball team?


User was warned for this post
Merlimoo
Profile Joined January 2011
France192 Posts
Last Edited: 2011-09-20 13:56:30
September 20 2011 13:54 GMT
#2832
On September 20 2011 22:48 rO_Or wrote:
Show nested quote +
On September 20 2011 22:39 Merlimoo wrote:
On September 20 2011 22:35 rO_Or wrote:
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
On September 20 2011 12:30 Crosswind wrote:
Dear Citizens of the Internet,

It may shock some of you to hear that sometimes 18-year olds are inconsistent. It may amaze you that teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism. But rest assured - this is not the first time these things have happened, and it will not be the last. Some might go so far as to say that these things happen
all the time.

Hating 18-year-olds for changing their minds or fledgling organizations for lacking professionalism is like hating a dog for chasing cars. Probably justifiable, but ultimately silly.

Smile, and cheer for Stephano, who is a fantastic and promising player, or for Mill/CoL, who are excellent teams giving young players opportunities.

-Cross

Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism.

No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...


This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when you sign a contract it is assumed that you did your research beforehand and knew what you were signing to. Once you have given your signature it is confirmation that you have READ, UNDERSTAND, and AGREE to the terms you have signed. This is the way business works, either in a large multimillion dollar corporation or in the smallest independently run store.


If you have read the thread until then, please, try to envision the fact that the whole world does not necessarily work like in the US. And by all mean, thanks god.


If you even took the time to read the post you are responding to then you would realize I am not talking about US law. I was saying that regardless of law (key word: regardless), this situation is based around integrity. Integrity is not an American idea, it is a universal principle. So... I stand by what I said.


I quote :
"This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when [...]"

This being emphasized, I will try one more time to get your head above your neighborhood (to be polite). In France, signing a contract and respecting it at all cost even if you get screwed big time, it's called being dumb, not having integrity. And there is law to ensure that you are not dumb. From what you say, there aren't in your country. Bummer!

Edit: Just in case, I'm being a little sarcastic... Don't take it word for word.
Day[9] made me do it.
ReboundEU
Profile Joined September 2010
508 Posts
September 20 2011 13:55 GMT
#2833
So millenium is not sending him to korea to practice like col would have done...

glhfgg Stephano..... seccond time in a row u'r fanbase must be growing
U MAD BRO?
Vul
Profile Blog Joined April 2011
United States685 Posts
September 20 2011 13:55 GMT
#2834
On September 20 2011 22:39 Merlimoo wrote:
Show nested quote +
On September 20 2011 22:35 rO_Or wrote:
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
On September 20 2011 12:30 Crosswind wrote:
Dear Citizens of the Internet,

It may shock some of you to hear that sometimes 18-year olds are inconsistent. It may amaze you that teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism. But rest assured - this is not the first time these things have happened, and it will not be the last. Some might go so far as to say that these things happen
all the time.

Hating 18-year-olds for changing their minds or fledgling organizations for lacking professionalism is like hating a dog for chasing cars. Probably justifiable, but ultimately silly.

Smile, and cheer for Stephano, who is a fantastic and promising player, or for Mill/CoL, who are excellent teams giving young players opportunities.

-Cross

Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism.

No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...


This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when you sign a contract it is assumed that you did your research beforehand and knew what you were signing to. Once you have given your signature it is confirmation that you have READ, UNDERSTAND, and AGREE to the terms you have signed. This is the way business works, either in a large multimillion dollar corporation or in the smallest independently run store.


If you have read the thread until then, please, try to envision the fact that the whole world does not necessarily work like in the US. And by all mean, thanks god.


Are you really trying to say that in France, when you sign a contract, it's actually assumed that you didn't read, understand and agree to the terms?

In that case, what do you think it means to sign a contract? I'm pretty sure in France it would mean the same thing, unless France is actually some kind of alternate universe.

Also not sure why you would 'thanks god' that contracts are apparently meaningless in France. Imagine you signed a housing contract, but right after you move in you get kicked out for no reason. "This isn't the U.S., buddy! Contracts don't mean the same thing here!"

But I'm pretty sure things don't work that way in France, either. Would be hilarious if they did.
Perseverance
Profile Joined February 2010
Japan2800 Posts
September 20 2011 13:57 GMT
#2835
On September 20 2011 12:45 FXOpen wrote:
a US contract would not comply with French contractual law. The only way legal action would work is if stephano entered the united states and was subpoenaed.

Whilst this whole situation sucks... Theres no legal grounds for anything other than threats.


So Stephano wont be attending any MLG events...ever?
<3 Moonbattles
Dawg_Snow
Profile Joined September 2011
France425 Posts
Last Edited: 2011-09-20 13:59:11
September 20 2011 13:57 GMT
#2836
On September 20 2011 22:53 CheeC[h] wrote:
What is the difference between a frenchwoman and a basketball team?


What is your point ? Being racist ?

And yes it was an annoucment from Complexity, they should have waited a bit not post it right away

So Stephano wont be attending any MLG events...ever?


Of course he will, in a way or another he will compete at MLG orlando
Stephano, Sarens, Tarson, Mana, MMA, MVP -- Dawg EU Master Terran
SolidMustard
Profile Joined May 2011
France1515 Posts
September 20 2011 13:57 GMT
#2837
On September 20 2011 22:55 Vul wrote:
Show nested quote +
On September 20 2011 22:39 Merlimoo wrote:
On September 20 2011 22:35 rO_Or wrote:
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
On September 20 2011 12:30 Crosswind wrote:
Dear Citizens of the Internet,

It may shock some of you to hear that sometimes 18-year olds are inconsistent. It may amaze you that teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism. But rest assured - this is not the first time these things have happened, and it will not be the last. Some might go so far as to say that these things happen
all the time.

Hating 18-year-olds for changing their minds or fledgling organizations for lacking professionalism is like hating a dog for chasing cars. Probably justifiable, but ultimately silly.

Smile, and cheer for Stephano, who is a fantastic and promising player, or for Mill/CoL, who are excellent teams giving young players opportunities.

-Cross

Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

teams run by people who are largely ex-gamers and self-taught amateur businessmen may not live up to your standards of professionalism.

No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...


This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when you sign a contract it is assumed that you did your research beforehand and knew what you were signing to. Once you have given your signature it is confirmation that you have READ, UNDERSTAND, and AGREE to the terms you have signed. This is the way business works, either in a large multimillion dollar corporation or in the smallest independently run store.


If you have read the thread until then, please, try to envision the fact that the whole world does not necessarily work like in the US. And by all mean, thanks god.


Are you really trying to say that in France, when you sign a contract, it's actually assumed that you didn't read, understand and agree to the terms?

In that case, what do you think it means to sign a contract? I'm pretty sure in France it would mean the same thing, unless France is actually some kind of alternate universe.

Also not sure why you would 'thanks god' that contracts are apparently meaningless in France. Imagine you signed a housing contract, but right after you move in you get kicked out for no reason. "This isn't the U.S., buddy! Contracts don't mean the same thing here!"

But I'm pretty sure things don't work that way in France, either. Would be hilarious if they did.


We DO have contracts and we DO have to respect them ^^ but it's just less strict than in the US, if an absurdity is proven, it's easier to put common sense above a contract than in the US
legaton
Profile Joined December 2010
France1763 Posts
September 20 2011 13:57 GMT
#2838
I hope Millenium will not be sued. They could be ruined if they were condemned to pay all the Kleenex tissues used by CoL, and most of the participants on this thread.
No GG, No Skill - Jaedong <3
Djzapz
Profile Blog Joined August 2009
Canada10681 Posts
September 20 2011 13:58 GMT
#2839
On September 20 2011 22:57 Perseverance wrote:
Show nested quote +
On September 20 2011 12:45 FXOpen wrote:
a US contract would not comply with French contractual law. The only way legal action would work is if stephano entered the united states and was subpoenaed.

Whilst this whole situation sucks... Theres no legal grounds for anything other than threats.


So Stephano wont be attending any MLG events...ever?

I don't know that they can hold him in the US for a weak lawsuit.
"My incompetence with power tools had been increasing exponentially over the course of 20 years spent inhaling experimental oven cleaners"
Maenander
Profile Joined November 2002
Germany4926 Posts
September 20 2011 13:59 GMT
#2840
On September 20 2011 22:54 Merlimoo wrote:
Show nested quote +
On September 20 2011 22:48 rO_Or wrote:
On September 20 2011 22:39 Merlimoo wrote:
On September 20 2011 22:35 rO_Or wrote:
On September 20 2011 21:59 Merlimoo wrote:
On September 20 2011 21:47 Ryder. wrote:
On September 20 2011 19:46 Apom wrote:
On September 20 2011 13:53 Ryder. wrote:
On September 20 2011 13:34 Crosswind wrote:
On September 20 2011 13:07 Ryder. wrote:
[quote]
Dear uninformed citizen of the internet,

It may shock you to hear this but at 18 years old (at least where I live) you have full capacity to contract and you are legally bound by the terms you enter into in contracts.

...

I mean if you are 18 and you commit murder you are able to be punished as an adult because you ARE an adult. Doesn't matter if you were 17 four months ago, you gotta draw the line somewhere. Sure these acts are different...

[quote]
No excuse champ, if you are gonna play with the big boys then you abide by their rules. Ignorance is no excuse.


Just FYI, in case you missed it, you just compared an 18 year old going back on a contract, something that it is not even clear is illegal, to murdering somebody.

How much of a douchebag are you going to feel like when it turns out that what he did wasn't even illegal, so not only are you flipping out over some amateur hour teams and a kid, but you're flipping out incorrectly?

A little perspective here, people.

-Cross

(P.S. I have no opinion on accountability. But the amount of hate going on for parties involved is disproportionate. You all are making far too much out of a bunch of commonplace, unsurprising events.)

As I said, I don't know shit about French law, if they have some dodgy loopholes to help people avoid their contractual obligations good for them.

But in most countries breach of contract IS illegal and you are legally obliged to either fulfill the contract or pay damages.

Of course the severity of the act is nothing close to murder, why the fuck would you try and act like it is? The point is both of these actions are illegal, and you can't just let one of them go unpunished because it is less severe.

As I said I am going by what is law in Australia (as well as a lot of other places). If French law lets you get out of this then fine, but the point I was addressing is that you think it's ok for 18 year olds to renege on their promises because they feel like changing their mind, and that is wrong*.

*excluding gay loopholes in French law

Edit: Just because it is a 'commonplace, unsurprising event' doesn't mean there shouldn't be consequences.


I want to say I'm worried that stephano hurt his image by making a silly choice, but I know people will forget in a week. I am kind of disappointed that stephano went back on his word

You can bet your ass future, prospective teams won't though... I'm sure it will factor into their decisions in the future.
How aren't you banned for this yet ? :/

Also, people who are saying that you can evade contractual obligations under French law are starting to get annoying. As a general rule, you can't. Someone said you have seven days to change your mind about buying a house : that is true, but is an exception. This provision, known as droit de repentir (right to renege ?), only applies to a set of specific contracts, of which buying a house is one, but Stephano's contract certainly is not. A related clause, known as période d'essai (trial period ?), can be specified in employment cotnracts, but it is not mandatory nor implicit.

The only way for Stephano to evade his contractual obligations with coL is if the contract is deemed illegal in the first place. While it certainly doesn't qualify as a proper employment contract under French law (for numerous reasons - coL even somewhat admitted to this), it is designed as an international contract, and it may very well be legal as such, especially under Texan law (which it defines as its ruling law).

The last issue here is enforceability. If the contract is deemed legal by the Texan judge (which is very likely), and the French judge deems it an illegal employment contract (which is also very likely), then the contract will be null on French soil. What can be done if, and when, Stephano sets foot in the US, is another matter.

Lol trust a french poster to insist I should be banned for that... It was clearly a tongue-in-cheek comment, you really think I should be banned about making a snide joke about French law? Particularly since most people in this thread (excluding the French of course) think that this kind of loophole IS stupid due to the way their respective legal system works...

Your post is interesting though, there are a lot of posts (especially from French posters) say that because of French law he IS able to squirm out of the contract due to this '7 day cool-off period' and there is nothing coL is able to do about it. So it is interesting that you (as a French poster) seem to insist that he isn't able to get out of it. Do you have any special knowledge of law that gives you this opinion? Also why would a French judge classify it as illegal employment contract?

(Genuine questions, I am just interested as every other French poster has said that Stephano will be able to get out of this contract).




Is it a cultural habit to put words in the mouth of others ? Before it get worse, with frenchies vs world none sens, please note that many of "french" posts were just saying that we have some laws that can IN SOME CASES be more protective of the people instead of the corporation, that have an all mighty power in the US culture. And I'm pretty sure that we are not the only ones... Anyway, as such, signing a contract in not the end of the story.
Please note, that we (as everybody here) dont know sh** about Stephano's one.

So please stop saying that we are sure that he can escape his mistakes. As every balanced human being would think, if everything was done correctly, by no means he can escape this, except the fact that is would be pretty stupid from coL to recrut somebody that does not want to be there.

Personal trollish note:
+ Show Spoiler +

As the US culture is, I think they just want a some financial compensation, for having managed to get a click on a website from a guy far far away...


This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when you sign a contract it is assumed that you did your research beforehand and knew what you were signing to. Once you have given your signature it is confirmation that you have READ, UNDERSTAND, and AGREE to the terms you have signed. This is the way business works, either in a large multimillion dollar corporation or in the smallest independently run store.


If you have read the thread until then, please, try to envision the fact that the whole world does not necessarily work like in the US. And by all mean, thanks god.


If you even took the time to read the post you are responding to then you would realize I am not talking about US law. I was saying that regardless of law (key word: regardless), this situation is based around integrity. Integrity is not an American idea, it is a universal principle. So... I stand by what I said.


I quote :
"This has nothing to do with the US and corporations. This has to do with integrity. In the US (not too sure about France) when [...]"

This being emphasized, I will try one more time to get your head above your neighborhood (to be polite). In France, signing a contract and respecting it at all cost even if you get screwed big time, it's called being dumb, not having integrity. And there is law to ensure that you are not dumb. From what you say, there aren't in your country. Bummer!

Edit: Just in case, I'm being a little sarcastic... Don't take it word for word.

There is no indication at all that Stephano was "getting screwed" by the contract.
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