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Stephano contract situation - Page 158

Forum Index > SC2 General
3152 CommentsPost a Reply
Prev 1 156 157 158
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.
Cluster
Profile Joined August 2010
Sweden125 Posts
September 21 2011 22:44 GMT
#3141
Since the word "loophole" has been used in a fairly derogatory fashion in this thread, with the implication of "stupid French laws", I found it prudent to point out the difference. And in Swedish at least, the direct translation of "loophole" means the same thing; an unintended effect allowing someone to bypass the intent of the law or system in question.
Elean
Profile Joined October 2010
689 Posts
Last Edited: 2011-09-21 23:00:10
September 21 2011 22:56 GMT
#3142
On September 22 2011 06:38 TurpinOS wrote:
Show nested quote +
On September 22 2011 05:59 Elean wrote:
To all the people saying that Stephano is 18, he should have known better, you need to understand that such contract doesn't exist in France.

When you buy a house, build a house, subscribe to a credit, buy something online (or by mail-order), you always have a delai of reflexion (typically 1 week depending on the case) during which you can step back without giving any reason.

And that's not breaking a contract, that's cancelling it.

In the case of a job, you have minimum 1 month probation period.

That's just a culteral difference. In France the law is made to protect people, even against their own mistakes.
It looks like that in USA, when someone looses his house because he took a credit he shouldn't have, people just say : "that's his fault, this piece of trash should have known better."
In France, we have laws to prevent it from happening as much as possible.

***

Now, what is the situation with complexity ?
They want to sue a player that just turned 18, has never earned money in his life. They seriously want money from him ? That sounds rather lame.

What are the damages ? None.
The only reason they have is to "promote professionalism".

Now, we can ask ourselves how professional is it to have a french citizen working in France under a contract that is not compliant with french labor law.
Is it the best idea to have a player sign a contract in the middle of the night when all the people that could advice him are sleeping ?


Not only is 95% of your post false (and shows you dont even know about your own law, yet decide to comment on it), its also extremely biased.


You sir, probably knows better than anyone else. I hope french government website is good enough for you as a source (http://www.economie.gouv.fr/dgccrf/Delais-de-reflexion-de-retractation-ou-de-retour).

But maybe I don't understand my own law, after all I am not a lawyer. Just so you know, I have 8 more years of study that Stephano, in my life I had several jobs, I did subscribe to credits, I did bought houses, I bought items online and sent them back, etc. And all that in France. Maybe I'm wrong, I can make mistakes. But if I can make such a mistake, is it so unthinkable that a 18 yeard old kid could do the same ?

Biased ?
To make it clear, I don't like Millenium, I don't like their vision of esport. I think Stephano should have taken complexity's offer, and the fact that he stayed with Millenium just shows that he lacks the motivation to reach the very top of the internationnal scene.

But I do consider that prosecuting a 18 year old kid for nothing is going way too far. They should just let it go, whether the law is with them or not.

Oh, excuse me, that's not for nothing. They have a certain vision of e-sport and professionnalism and want to impose it to the rest of the world.
I personnaly don't like their vision. And yes, it's way different from the french system (and probably most european countries).
I personnaly think it would be pretty sad if players were forced to keep a job, even if they realize after a couple of weeks that this job will make their life miserable.

And it's impossible to 100% know in advance that you will be happey with a job.

Grettin
Profile Joined April 2010
42381 Posts
Last Edited: 2011-09-21 23:06:02
September 21 2011 23:05 GMT
#3143
Today, compLexity and Millenium are pleased to announce that the Stephano situation has come to an end. Complexity and Millenium have agreed to a settlement, in which a significant fine will be paid by Stephano in consideration of his role in creating the situation, and all parties now consider the matter closed.

Comments from Jason Bass, COO of compLexity Gaming:

"It was never compLexity's intention to damage the career of a young eSports talent nor to force someone to join our gaming organization who did not want to. We did, however, feel that maintaining the integrity of the player contract was crucial not only for our own business but for eSports in general. For that reason, we are satisfied that there has been a strong penalty, as player contracts need to be respected going forward.

We would also like to respectfully address the concerns of the French community who are upset that we did not have a more direct negotiation with Millenium during this process. Due to the fact Stephano was not contracted by Millenium and the fact he stated he was receiving counter offers in response to our discussions, we did not contact Millenium directly and for that we are regretful and apologize for any perceived disrespect."

Comments from Cedric Page, CEO of Millenium:

"Millenium has never ignored on purpose any attempt from Complexity to establish communication. Time difference fully accounts for the few hours it took us to respond to them. Additionally, Millenium was never aware of, nor involved in, a bidding/counterbidding process with Complexity over Stephano's contract situation. All things being now clarified, and after a calm discussion with Complexity, we would also like to apologize for stating that Complexity 'disoriented' Stephano during their talks with him. It was an inappropriate comment and we did not mean to be disrespectful. We are very happy to clarify this, as we had decided to discuss with Complexity before stating anything more than our last statement."

Everyone now considers this matter closed, and all parties wish each other the best in their future endeavors.

Lastly, compLexity and Millenium would also like to thank Alexander Garfield of Evil Geniuses for acting as the mediator of our discussions during this challenging time. His time and efforts avoided a clash that was most certainly headed for litigation, had a reasonable settlement not been reached.


http://www.complexitygaming.com/news/3136/

So thats it i guess.
"If I had force-fields in Brood War, I'd never lose." -Bisu
Tula
Profile Joined December 2010
Austria1544 Posts
Last Edited: 2011-09-21 23:11:50
September 21 2011 23:09 GMT
#3144
On September 22 2011 07:56 Elean wrote:
Show nested quote +
On September 22 2011 06:38 TurpinOS wrote:
On September 22 2011 05:59 Elean wrote:
To all the people saying that Stephano is 18, he should have known better, you need to understand that such contract doesn't exist in France.

When you buy a house, build a house, subscribe to a credit, buy something online (or by mail-order), you always have a delai of reflexion (typically 1 week depending on the case) during which you can step back without giving any reason.

And that's not breaking a contract, that's cancelling it.

In the case of a job, you have minimum 1 month probation period.

That's just a culteral difference. In France the law is made to protect people, even against their own mistakes.
It looks like that in USA, when someone looses his house because he took a credit he shouldn't have, people just say : "that's his fault, this piece of trash should have known better."
In France, we have laws to prevent it from happening as much as possible.

***

Now, what is the situation with complexity ?
They want to sue a player that just turned 18, has never earned money in his life. They seriously want money from him ? That sounds rather lame.

What are the damages ? None.
The only reason they have is to "promote professionalism".

Now, we can ask ourselves how professional is it to have a french citizen working in France under a contract that is not compliant with french labor law.
Is it the best idea to have a player sign a contract in the middle of the night when all the people that could advice him are sleeping ?


Not only is 95% of your post false (and shows you dont even know about your own law, yet decide to comment on it), its also extremely biased.


You sir, probably knows better than anyone else. I hope french government website is good enough for you as a source (http://www.economie.gouv.fr/dgccrf/Delais-de-reflexion-de-retractation-ou-de-retour).

But maybe I don't understand my own law, after all I am not a lawyer. Just so you know, I have 8 more years of study that Stephano, in my life I had several jobs, I did subscribe to credits, I did bought houses, I bought items online and sent them back, etc. And all that in France. Maybe I'm wrong, I can make mistakes. But if I can make such a mistake, is it so unthinkable that a 18 yeard old kid could do the same ?

Biased ?
To make it clear, I don't like Millenium, I don't like their vision of esport. I think Stephano should have taken complexity's offer, and the fact that he stayed with Millenium just shows that he lacks the motivation to reach the very top of the internationnal scene.

But I do consider that prosecuting a 18 year old kid for nothing is going way too far. They should just let it go, whether the law is with them or not.

Oh, excuse me, that's not for nothing. They have a certain vision of e-sport and professionnalism and want to impose it to the rest of the world.
I personnaly don't like their vision. And yes, it's way different from the french system (and probably most european countries).
I personnaly think it would be pretty sad if players were forced to keep a job, even if they realize after a couple of weeks that this job will make their life miserable.

And it's impossible to 100% know in advance that you will be happey with a job.



Erm one comment on your longish post about a specific part before i head to bed, you should not include buying stuff online and sending it back because that is covered by a very specific set of laws ("Versandhandelsgeschäft") in European law which has nothing whatsoever to do with the discussion regarding a work contract.

While i agree to your post almost completly, i would like to point out one last time that we still do not know which law is actually applicable, beyond a guess that Col might have used American law because it is easier for them. Actually what is interesting in general, is that what we do not know covers almost all the truly necessary points of this discussion. Even with the information col has given us we do not know enough details to make any sound judgement, we don't know if they have had any damages (in the juristic function of the word, meaning true damage which can be proven in front of a court instead of wishy washy PR stuff which no judge in the world would sign off on), we don't know the details of the two contracts in question (or the statement of intent etc.) hell we don't even know under which laws the contracts were signed.

Just to put the last 50 something pages of nerdrage and counterrage into perspective

edit: in regards to the poster above me and the settlement it basically ended as i expected it to nearly 100 pages ago :D Stephano agreed to pay a fine (which most likely will be covered by Millenium under the table) and the matter is over and done with.

Maybe i should apply as a prophet to future drama discussions
haduken
Profile Blog Joined April 2003
Australia8267 Posts
September 22 2011 12:37 GMT
#3145
Well that was anti-climaxing...

Anyway, interesting to know about French laws but I find it strange that a contract automatically have a grace period.

Rillanon.au
Ashok
Profile Blog Joined July 2010
Australia339 Posts
September 24 2011 03:18 GMT
#3146
On September 22 2011 21:37 haduken wrote:
Well that was anti-climaxing...

Anyway, interesting to know about French laws but I find it strange that a contract automatically have a grace period.



I think even in Australia there is a grace period on contracts. Can't remember exactly though.
Weikardzaena
Profile Joined April 2011
United States20 Posts
September 24 2011 17:22 GMT
#3147
So wait, did he stay with Millenium, or is he with Complexity now?
zmansman17
Profile Joined March 2011
United States2567 Posts
September 24 2011 19:16 GMT
#3148
Stephano seems a little bit indecisive. On the one hand he may have made more money, on the other he may lose support of french players (or at least in his mind)
♞ - His EKG is flattening get me a defib stat! Prepped and Ready! - ♞
Weikardzaena
Profile Joined April 2011
United States20 Posts
September 25 2011 00:11 GMT
#3149
No I mean given the result of the whole thing and Stephano having to pay a fine, is Complexity forcing him to stay with them and honor the contract he signed, or are they letting him go?
ZeRoX5
Profile Joined April 2011
Serbia35 Posts
September 26 2011 09:49 GMT
#3150
On September 20 2011 07:26 ZeRoX5 wrote:
Show nested quote +
On September 20 2011 07:23 gulbanana wrote:
On September 20 2011 07:22 ZeRoX5 wrote:
I like arguing and you all dont know that France and USA have very different legal system which cant be compared.Bottom line is, coL can pick beetwen taking him in team or gaining huge fee from Mill. Simple.

actually, coL won't get to do either of those things.


I would like you to explain me which holes you found for that claim? Assuming Steph was free agent and signed contract with his free will (or so sry for bad engl)


So Gulbanana who was right?
Lorning *
Profile Blog Joined April 2011
Belgica34432 Posts
September 11 2014 01:05 GMT
#3151
I wonder if this ever got resolved

User was warned for this post
Community News
TL+ Member
Dodgin
Profile Blog Joined July 2011
Canada39254 Posts
September 11 2014 01:05 GMT
#3152
On September 11 2014 10:05 Lorning wrote:
I wonder if this ever got resolved


Do you have a death wish or something?
Lorning *
Profile Blog Joined April 2011
Belgica34432 Posts
September 11 2014 01:06 GMT
#3153
On September 11 2014 10:05 Dodgin wrote:
Show nested quote +
On September 11 2014 10:05 Lorning wrote:
I wonder if this ever got resolved


Do you have a death wish or something?

I'm just worried for my boy Stephano
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