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Stephano contract situation - Page 67

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.
Fatze
Profile Blog Joined March 2011
Germany1342 Posts
September 19 2011 21:10 GMT
#1321
god, thats confusing :X
Comfort from bottles, cheers from beers the guitars are our weapons and we know how to kill!
Sandro
Profile Joined April 2011
897 Posts
September 19 2011 21:10 GMT
#1322
On September 20 2011 06:05 Snorkle wrote:
Show nested quote +
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.



lol @ another 1 post frenchy coming out of the woodwork to espouse how great staying with a team for less pay, worse practice, and no opportunity to attend lans or stay in a korean pro gaming house is beneficial for the player.

I'm glad I am not the only one noticing this. They must be coming from the Millennium website.
grobo
Profile Blog Joined February 2007
Japan6199 Posts
September 19 2011 21:11 GMT
#1323
On September 20 2011 05:52 Bellygareth wrote:
To make things clear for everyone: even if Stephano had signed a real contract binding under french law, he would still be able to break it fairly easily considering:
- it's customary to have a "trial period" in contracts
- the contract signed by stephano would probably have been a "short term contract" or duration limited contract
- Stephano had not even started to work for Col yet.

Even outside the trial period, the employee can break a "short term contract" or duration limited contract, if he can argue that he has a long term duration contract available (CDI). In that case he can be forced to work a minimum duration for the previous employer (for a maximum of 2 weeks and the actual time would be lower because he didn't work for Col at all).

So Stephano was free to change it under french law in my opinion.
Disclaimer: it's not a lawyer opinion so take it with a grain of salt, but I know how it works. Under french law, Col won't have any chance I would bet.



So basically signing a contract with a french person is like gambling?
We make signature, then defense it.
JackDanger
Profile Joined August 2011
United States37 Posts
September 19 2011 21:11 GMT
#1324
On September 20 2011 06:09 Kaedeleus wrote:
Show nested quote +
On September 20 2011 06:04 DertoQq wrote:
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.


Why ? He could play with better players, he could play in bigger tournaments. Millenium is keeping him from big things I think.


You think the players are the best in CoL?

Yeah I'd totally take Tarson over DongRaeGu what am I thinking
P0ckets
Profile Joined January 2011
United States430 Posts
September 19 2011 21:11 GMT
#1325
An FYI for everyone who believes that the contract that was drawn out is not legal should first realize that Jason Lake was previously a very well to do lawyer in the Southern US, who sold his firm to pursue Esports.
darlhet
Profile Joined March 2011
Italy548 Posts
September 19 2011 21:11 GMT
#1326
On September 20 2011 06:09 Kaedeleus wrote:
Show nested quote +
On September 20 2011 06:04 DertoQq wrote:
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.


Why ? He could play with better players, he could play in bigger tournaments. Millenium is keeping him from big things I think.


You think the players are the best CoL?

the players in MVP are kinda fine actually....

im ok with stephano staying in mill just i wish mill would support Stephano the same way col would, if this happens its all good, dont want to see a top tier player held back because he decided to stay on his starting team
"i feel like im wasting your time" qxc to whitera after getting crushed 0-4
pi_rate_pir_ate
Profile Joined April 2010
United States179 Posts
September 19 2011 21:11 GMT
#1327
International law is a mystery to me that even large organizations like the NHL and NBA seem to have difficulty navigating. Sue them and I hope you win, but I have no idea if it will make money sense in the short term. The implication and intent of signing contracts is obviously over the heads for people this young. This is a great lesson for me as a landlord.
Marcus420
Profile Joined January 2011
Canada1923 Posts
Last Edited: 2011-09-19 21:12:07
September 19 2011 21:11 GMT
#1328
jason lake seems to be a layer himself and looks for any attempt too sue someone.It'd be in good taste, if stephano wants too stay with millenium, too just let him stay and don't FORCE him on your team with legal bullshit.

:/

999 :D
cheesemaster
Profile Joined February 2011
Canada1975 Posts
September 19 2011 21:12 GMT
#1329
What you are not understanding merz is, that if you want to be serious about acontract, make a valid one in the first place, I would completely agree with you if the contrac that coL did was well written, if it was the case they could sue Millenium, and do whatever they want to do, but don't talk about importance of contract if the contract is ridiculous in the first place


So youve read the contract and you know first hand that it was poorly written? No your just speculating. The manager of Mill admitted his english was terrible and the goes to say it was poorly written, even if it was translated for him some things could have been lost in translation and considering Col is an U.S. team im fairly sure the contract is in english.
Slayers_MMA The terran who beats terrans
VirgilSC2
Profile Blog Joined June 2011
United States6151 Posts
September 19 2011 21:12 GMT
#1330
On September 20 2011 06:09 Kaedeleus wrote:
Show nested quote +
On September 20 2011 06:04 DertoQq wrote:
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.


Why ? He could play with better players, he could play in bigger tournaments. Millenium is keeping him from big things I think.


You think the players are the best in CoL?

Maybe they aren't, but players in coL.MVP certainly are.
Clarity Gaming #1 Fan | Avid MTG Grinder | @VirgilSC2
Myles
Profile Blog Joined March 2010
United States5162 Posts
September 19 2011 21:12 GMT
#1331
On September 20 2011 06:09 FaRess wrote:
Show nested quote +
On September 20 2011 06:04 meRz wrote:
On September 20 2011 06:01 FaRess wrote:
On September 20 2011 05:58 meRz wrote:
On September 20 2011 05:55 Paladia wrote:
As a law student, I cannot stress enough how bad of an idea it would be to take legal action. Even if both organisations were in the same country the cost could be more than the yearly turnover of both organisations combined. Doing it internationally is simply not a real option.

This is without even considering the legal basis of the claim. I've taken a look at some esports contracts between large organisations (such as SK-Gaming) and their players and the contracts are full of major holes and flaws, to say the least. This is after they've recruited a legal firm to "take a look at it".

As such, I am 100% sure that CoL will not take any legal action, as it could very likely be the end of them.


It's not whether or not taking legal action would actually be beneficial in an econonmic manner. It's more like SOMEONE has to do it eventually because otherwise contracts will hold no importance If coL can take legal action without sinking themselves then I'd say go for it.


What you are not understanding merz is, that if you want to be serious about acontract, make a valid one in the first place, I would completely agree with you if the contrac that coL did was well written, if it was the case they could sue Millenium, and do whatever they want to do, but don't talk about importance of contract if the contract is ridiculous in the first place


I'm under the assumption that coL who has been around since 2003 is perfectly capable of designing contracts that holds true legally in the US. Don't take me for a fool please, and don't take coL for fools either because they actually have a legitimate lawyer working for them.

What you are not understanding Faress, is that just because Millenium points fingers saying the contract is not valid, doesn't really say jack shit as long as it's valid in the US.


They clearly stated that the contract is missing things like the trial period (even if the trial period is 0 days) which is mandatory in EUROPE (CEE document 1991), but that's true that millenium could be lying about that but I doubt it


CoL claims the contract jurisdiction is Texas, USA and that it's not a normal employment contract. Therefore normal France law may not apply. We really need to wait until more information comes out before leveling judgement. Without knowing more details about the contract all we can say is our opinion on Stephano reneging the deal, regardless of the wording of the contract.
Moderator
mechavoc
Profile Joined December 2010
United States664 Posts
September 19 2011 21:12 GMT
#1332
Col's statement is right on
E-Sports can not be "real" and sustainable without contracts.

Millenium is playing dirty and if anyone is pressuring and applying undue influence it is them.
They convinced a young player to give up significant money/exposure/training for what reason ??

SkyTheUnknown
Profile Blog Joined May 2007
Germany2065 Posts
September 19 2011 21:12 GMT
#1333
Now imagine Stephano will stay at Millenium. This will put Millenium under huge pressure, they have to accommodate everything: Trips to all tournaments worldwide and training in Korea.
If they don't do this, after failing to do this for ToD, they will lose all credibility in the SC 2 community.
The oldest and strongest emotion of mankind is fear, and the oldest and strongest kind of fear is fear of the unknown - H.P. Lovecraft
Tamotab
Profile Joined September 2010
France38 Posts
September 19 2011 21:12 GMT
#1334
On September 20 2011 06:05 Snorkle wrote:
Show nested quote +
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.



lol @ another 1 post frenchy coming out of the woodwork to espouse how great staying with a team for less pay, worse practice, and no opportunity to attend lans or stay in a korean pro gaming house is beneficial for the player.


worse practice ? yeah sure look at all the fantastic results NA players have in tourneys...
sixfour
Profile Blog Joined December 2009
England11061 Posts
September 19 2011 21:12 GMT
#1335
On September 20 2011 06:09 Kaedeleus wrote:
Show nested quote +
On September 20 2011 06:04 DertoQq wrote:
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.


Why ? He could play with better players, he could play in bigger tournaments. Millenium is keeping him from big things I think.


You think the players are the best CoL?

well, i would think if he was flown to korea to play genius, dongraegu, keen, noblesse etc, he'd be playing people slightly better than tarson and adelscott
p: stats, horang2, free, jangbi z: soulkey, zero, shine, hydra t: leta, hiya, sea
Paladia
Profile Joined August 2003
802 Posts
September 19 2011 21:12 GMT
#1336
On September 20 2011 05:58 meRz wrote:
Show nested quote +
On September 20 2011 05:55 Paladia wrote:
As a law student, I cannot stress enough how bad of an idea it would be to take legal action. Even if both organisations were in the same country the cost could be more than the yearly turnover of both organisations combined. Doing it internationally is simply not a real option.

This is without even considering the legal basis of the claim. I've taken a look at some esports contracts between large organisations (such as SK-Gaming) and their players and the contracts are full of major holes and flaws, to say the least. This is after they've recruited a legal firm to "take a look at it".

As such, I am 100% sure that CoL will not take any legal action, as it could very likely be the end of them.


It's not whether or not taking legal action would actually be beneficial in an econonmic manner. It's more like SOMEONE has to do it eventually because otherwise contracts will hold no importance If coL can take legal action without sinking themselves then I'd say go for it.


As one soon learns, taking legal action is always the absolute last step and should be avoided at all cost. Even if they think it is a good idea now, in two years when this would finally go to court Stephano may not even play the game anymore and they themselves don't really care about it. This is without even considering the money, time and effort it would require during this period.

As noted, they may not even have a steady ground to stand on in terms of the legal basis of their claim. It would be interesting to take a look at the contract but even if it was rock solid I wouldn't recommend anyone sueing someone internationally. Even national law suits should be avoided at (almost) all cost.
I can no longer rest under the tree of wisdom, since you have axed down the roots feeding it.
exShikari
Profile Joined December 2010
Australia237 Posts
September 19 2011 21:12 GMT
#1337
On September 20 2011 06:08 ZestyPickle wrote:
Show nested quote +
On September 20 2011 06:07 lim1017 wrote:
I don't understand how there can be confusion as to weither or not something was signed... Seems idiot proof to me tbh.

Also isn't stephano studying in medical school or something, guy is apparently super smart, I'm sure he would know if he signed


Ya cause all doctors go to law school as well, the argument isnt whether he signed, but the legality of the contract

I'm pretty sure complexity wouldn't have made a retarded contract. They have lawyers that handle such matters.
It is, in the end, whatever the Hell I want it to be, And when I'm through with it, it's gonna blow a hole, This wide, straight through the worlds own idea of itself. They're throwing bottles at your house. Come on, lets go break their arms.
CeriseCherries
Profile Blog Joined May 2011
6170 Posts
September 19 2011 21:12 GMT
#1338
-.- Seriously... again? JUST when I thought all the drama had died down, we get more....

mmm honestly i think that col did offer a lot. their team could use revitalizing and Complexity is a fairly big organization. I'd think that stephano was a little bit confused at having to make such important decisions at such a young age.
Remember, no matter where you go, there you are.
unsaintly
Profile Joined April 2010
Germany687 Posts
September 19 2011 21:12 GMT
#1339
On September 20 2011 06:09 Kaedeleus wrote:
Show nested quote +
On September 20 2011 06:04 DertoQq wrote:
On September 20 2011 06:03 Kaedeleus wrote:
I think Stephano is better in France in Millenium than an American team at the other end of the world. Of course, but it's just my opinion.


Why ? He could play with better players, he could play in bigger tournaments. Millenium is keeping him from big things I think.


You think the players are the best in CoL?

Playing in korea with coL.MVP is better then staying in europe.

Nevertheless I think coL has a right to be pissed especially after Mill said they "had a long discussion" with Stephano regarding this issue, seems like they talked him out of the coL deal. I lost a lot of respect for Mill.
jmbthirteen
Profile Blog Joined February 2011
United States10734 Posts
September 19 2011 21:13 GMT
#1340
This is absolutely disgusting by Mill and Stephano. Stephano is 18, he knew what he was doing when he signed the contract. And for those saying it was an illegal contract, how the fuck do you know? Did you read it? I have a feeling that jason lake knows how to make a contract. The actions by Mill are completely unprofessional and are why esports has a long way to go.

I hope the major teams support coL in taking legal action against Mill and I would love to see some tournaments deny Mill players from playing in them to help send a message that this shit won't stand. We need a governing body for sc2, or else shit like this will keep happening.
www.superbeerbrothers.com
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