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Stephano contract situation - Page 96

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.
BadBinky
Profile Blog Joined May 2004
Finland649 Posts
September 19 2011 22:17 GMT
#1901
I am a lawyer. I just read the contract. I lost all respect. They're hurting esports. -1 fan.
It's more important to be tough than to have any fun.
VirgilSC2
Profile Blog Joined June 2011
United States6151 Posts
September 19 2011 22:17 GMT
#1902
On September 20 2011 07:15 Brettatron wrote:
LOL @ people who know nothing about contract law arguing this. Not that I'm an expert, but some people are saying some ridiculous things. There is already plenty of precedence about jurisdiction of contract law internationally. I'm at work right now but I think I might go home after and pull out some old cases just to see how this could play out.

Contract law is contract law. Hopefully we can build some precedence so that this does not occur. As best as I can tell, it all comes down to where the contract was made. If it was made in France then their law will apply, which, if the thread is to be believed, has some sort of grace period where you can back out. Determining where it was made would be a matter of HOW it was made. There is precedence set for verbal, by phone, by fax, by mail, by telegram, by email... pretty much by any sort of communication. I can't remember at the moment, but if it is by email I BELIEVE the contract is made once the offeree (Stephano) sends the email, which would mean the contract is made where he sends it, IE France. I could be wrong on that, I'd have to review my contract law.

I'm curious how the contract was made now. That, to me, is the key to this.

It has been stated that the contract is endorsed in Texas, USA I believe.
Clarity Gaming #1 Fan | Avid MTG Grinder | @VirgilSC2
Snorkle
Profile Blog Joined October 2010
United States1648 Posts
September 19 2011 22:17 GMT
#1903
On September 20 2011 07:15 Brettatron wrote:
LOL @ people who know nothing about contract law arguing this. Not that I'm an expert, but some people are saying some ridiculous things. There is already plenty of precedence about jurisdiction of contract law internationally. I'm at work right now but I think I might go home after and pull out some old cases just to see how this could play out.

Contract law is contract law. Hopefully we can build some precedence so that this does not occur. As best as I can tell, it all comes down to where the contract was made. If it was made in France then their law will apply, which, if the thread is to be believed, has some sort of grace period where you can back out. Determining where it was made would be a matter of HOW it was made. There is precedence set for verbal, by phone, by fax, by mail, by telegram, by email... pretty much by any sort of communication. I can't remember at the moment, but if it is by email I BELIEVE the contract is made once the offeree (Stephano) sends the email, which would mean the contract is made where he sends it, IE France. I could be wrong on that, I'd have to review my contract law.

I'm curious how the contract was made now. That, to me, is the key to this.


http://www.reddit.com/r/starcraft/comments/kks4e/complexitys_statement_regarding_stephano/c2l2ch6

That should help answer your question.
sixfour
Profile Blog Joined December 2009
England11061 Posts
September 19 2011 22:17 GMT
#1904
On September 20 2011 07:15 Brettatron wrote:

I'm curious how the contract was made now. That, to me, is the key to this.


complexity stating that the contract's under texas jurisdiction would actually be the key to this
p: stats, horang2, free, jangbi z: soulkey, zero, shine, hydra t: leta, hiya, sea
anGe
Profile Joined August 2010
Belgium23 Posts
September 19 2011 22:17 GMT
#1905
On September 20 2011 07:08 gulbanana wrote:
Show nested quote +
On September 20 2011 07:06 Ubes wrote:
On September 20 2011 07:03 Ruscour wrote:
On September 20 2011 07:01 najreteip wrote:
On September 20 2011 06:51 justinpal wrote:
On September 20 2011 06:49 EvOr wrote:
Wanna guess what's the next move of Stephano : Going back to his studies, he switch to a full time pro-gamer, right before entering med school, he will switch back to being a student...



Stephano is 18? He is going to med school soon? Really?

Why not? Going to university at 18 seems pretty normal to me

I was gonna say, I'm at university right now and I'm 17, studying at uni at 18 isn't out of the norm at all..

Med School at 18 isn't the norm.

in france, medical school begins at an undergraduate level. this is also true in australia, and many other places.

there's a common theme in this thread: people assuming that the way things work in their country is the way they do, and should, work everywhere else.


Well you don't know jack about France apparently. What you're saying about how you can quit your job at any time baffles me. You have to come to an agreement with your company otherwise it's legal for them to sue you so stop posting really because you're making a fool out of yourself.

Not to mention that you keep speaking of the contract but I'm quite sure you didn't see it and if you did I have to agree with the guy saying you're from Mil. And even if you are you don't know anything about international law and that's a shame.
Why so serious?
Omigawa
Profile Blog Joined August 2010
United States1556 Posts
September 19 2011 22:18 GMT
#1906
It's disheartening to see so many fans of "eSports" taking this issue so lightly.

Something like this would never happen in real sports (in the US sports scene, Rich Rodriguez and Billy Donovan are examples where - due to breach of contract - reparations had to be paid from one entity to another), and has no place in eSports either.

We need to grow up and not allow this behavior to happen; it de-ligitimizes eSports as a whole.

I don't know what should happen, but the community definitely needs to unite to stand against actions like this. Either Stephano needs to honor the contract he signed or Millennium needs to buy his contract from compLexity.
UNeeK
Profile Joined January 2011
United States237 Posts
September 19 2011 22:18 GMT
#1907
poor coL, such a class act organization.. I've been watching coL since they had a 1.6 team in cal-im and grinded their way to the very top of the scene, then when EG ripped them to shreds with an obvious poaching of their entire line-up.. Jason Lake deserves the best, he's more than a manager or owner, he puts his blood, sweat, and tears into coL's success and treats his players like his sons. I can understand Mill's sadness to see their new rising star leave, but that's the nature of the beast. I highly doubt coL did anything illegal or even borderline immoral to obtain Stephano... I hope in the end they do find a solid player and wether it be stephano or not, they deserve every ounce of success that they get.. Good Luck Jason, you deserve it!
EvOr
Profile Joined July 2011
France48 Posts
September 19 2011 22:18 GMT
#1908
On September 20 2011 07:14 dafunk wrote:
Show nested quote +
On September 20 2011 06:51 justinpal wrote:
On September 20 2011 06:49 EvOr wrote:
Wanna guess what's the next move of Stephano : Going back to his studies, he switch to a full time pro-gamer, right before entering med school, he will switch back to being a student...



Stephano is 18? He is going to med school soon? Really?


Actually the funny thing is that he lied about this too. He isnt going to med school at all and didnt even finished college when he said it...

The guy is a liar and a kid, thats all :/


What do you mean by college, since you're french I give you the benefice of the doubt, but right now i think you're just a troll. At 17/18 he's at most out of highschool.
zhurai
Profile Blog Joined September 2010
United States5660 Posts
September 19 2011 22:18 GMT
#1909
On September 20 2011 07:17 anGe wrote:
Show nested quote +
On September 20 2011 07:08 gulbanana wrote:
On September 20 2011 07:06 Ubes wrote:
On September 20 2011 07:03 Ruscour wrote:
On September 20 2011 07:01 najreteip wrote:
On September 20 2011 06:51 justinpal wrote:
On September 20 2011 06:49 EvOr wrote:
Wanna guess what's the next move of Stephano : Going back to his studies, he switch to a full time pro-gamer, right before entering med school, he will switch back to being a student...



Stephano is 18? He is going to med school soon? Really?

Why not? Going to university at 18 seems pretty normal to me

I was gonna say, I'm at university right now and I'm 17, studying at uni at 18 isn't out of the norm at all..

Med School at 18 isn't the norm.

in france, medical school begins at an undergraduate level. this is also true in australia, and many other places.

there's a common theme in this thread: people assuming that the way things work in their country is the way they do, and should, work everywhere else.


Well you don't know jack about France apparently. What you're saying about how you can quit your job at any time baffles me. You have to come to an agreement with your company otherwise it's legal for them to sue you so stop posting really because you're making a fool out of yourself.

Not to mention that you keep speaking of the contract but I'm quite sure you didn't see it and if you did I have to agree with the guy saying you're from Mil. And even if you are you don't know anything about international law and that's a shame.

well it does say his country is Australia ...
Twitter: @zhurai | Site: http://zhurai.com
ZestyPickle
Profile Joined July 2011
United States104 Posts
September 19 2011 22:18 GMT
#1910
On September 20 2011 07:16 gulbanana wrote:
Show nested quote +
On September 20 2011 07:14 ZestyPickle wrote:
On September 20 2011 07:14 gulbanana wrote:
On September 20 2011 06:38 ZestyPickle wrote:
On September 20 2011 06:36 Kaedeleus wrote:
On September 20 2011 06:32 gulbanana wrote:
On September 20 2011 06:28 Chargelot wrote:
On September 20 2011 06:22 Tanith wrote:
what a loads of stupid drama this has became, how this should of gone whether the contract is legal or not:

Stephano signs contract with col

Stephano change his mind

coL say fuck it, if he change his mind so easily and shits on us this way we don't want or need him, we lost a months worth of negotiations its sucks get over it

Stephano and mil look like idiots

case closed


All this legal, lawsuit blah blah blah fucking zzzzzzzzzzzzzzz


.....
I don't understand why people like this get involved in the conversation, if they are so willfully ignorant that they don't understand the purpose or intents of a -- any -- business.

You can't sign a contract, and then in less than a day after it's made public decline to follow through with your LEGAL obligations. It is illegal..

this contract was not valid and did not confer any legal obligations. it wasn't even in french, let alone in the valid form of a contract of employment.


Finally someone says something true, the contract is not valid in the eyes of the law, we must not look any further


No. You have no idea of the actual wording, and I guarantee you that if he signed his name, regardless of whatever the fuck was written down he will be held accountable for something.

on what basis are you making this guarantee?


US Law. Go look it up. Please. Its valid in the US.

united states corporations do not have the ability to apply u.s. labour law to french citizens working in france. nor do they want that ability, because of the precedent it would set for expatriates and temp-visa immigrants.


Too bad hes working for a US corporation and signed what will be a US contract, therefore he can be found liable for a breech of contract in the US, can they make it apply in France? Maybe maybe not, but it can happen here.
R3N
Profile Joined March 2011
740 Posts
September 19 2011 22:19 GMT
#1911
Clash of Cultures. In one country you can break contracts with whomever, whenever and however you want, and in the other you can make contracts with anybody, anytime, anyhow.

LoL.
WArped
Profile Joined December 2010
United Kingdom4845 Posts
September 19 2011 22:19 GMT
#1912
On September 20 2011 07:14 Bone.be wrote:
Leave Stephano alone. Both clans are making themselves really ridiculous. Those who are posting all this E-drama on Team liquid even more. Is col going to oblige Stephano to join their clan now? .....................


What? They wanted him in the first place, he is the one who backed out and is now ignoring coL's emails. Complexity have nothing to be ashamed of and they are definitely not the ones looking ridiculous here.
Cathasaigh
Profile Joined April 2010
United States285 Posts
September 19 2011 22:19 GMT
#1913
On September 20 2011 07:14 Bone.be wrote:
Leave Stephano alone. Both clans are making themselves really ridiculous. Those who are posting all this E-drama on Team liquid even more. Is col going to oblige Stephano to join their clan now? .....................

If you actually read this thread or the statements by coL you would have seen that they said they weren't going to force him to play for a team he didn't want to play on.
This is the tale of Captain Jack Sparrow!
theBizness
Profile Joined July 2011
United States696 Posts
September 19 2011 22:19 GMT
#1914
Every day we march closer and closer to KESPA II, which is game over for the foreign scene. Also, think about how potential sponsors for various tournaments/teams will react when something like this happens every other week.
Less money for casters, more money for players.
Myusen
Profile Joined June 2011
Germany29 Posts
September 19 2011 22:20 GMT
#1915
It's so typical.. only french ppl could do such a "puss" step
Never the less its a baaad step by stephano. you can't agree on something and immidiatly disagree again without giving a statement

User was warned for this post
<3 Liquid'Snute | nonesports.de
gulbanana
Profile Joined March 2011
Australia56 Posts
September 19 2011 22:20 GMT
#1916
On September 20 2011 07:13 ZestyPickle wrote:
Show nested quote +
On September 20 2011 07:11 gulbanana wrote:
On September 20 2011 07:09 Myles wrote:
On September 20 2011 07:07 gulbanana wrote:
On September 20 2011 07:02 zhurai wrote:
On September 20 2011 07:02 gulbanana wrote:
On September 20 2011 06:36 havox_ wrote:
On September 20 2011 06:33 gulbanana wrote:
On September 20 2011 06:28 zhurai wrote:
On September 20 2011 06:26 gulbanana wrote:
[quote]do you somehow genuinely think that people shouldn't be allowed to quit their job? what century are you from?

do you somehow genuinely think that people should just sign a _legal contract_ and be allowed to just say "fuck it I don't need to do it lolololol"
what century are you from?
stephano did not sign a legal contract. he signed something a jumped-up american idiot thought would bind him under Texas law. doesn't work that way, and no french court would extradite him for it.

And the Australians would say that it's perfectly fine to not hold on to an agreement, cuz you found a loophole in it? That's amazing =)

that's how the law works, yes. should courts go by the "spirit of an agreement"? it's unworkable.

in this case, we're not talking about minor loopholes either, but massive, fundamental problems.


so by "massive fundamental problems" you mean "not in french"?

K.

- the contract wasn't in french
- it attempted to subject the employee to a different country's labour laws
- it had the form of a contract for fixed service provision, but the function of employment
- it made no provision for specification or limitation of a probationary period, yet purported to apply from the date of witness

we have been told all these things by compLexity representatives. any of them, alone, would be sufficient to void the document.


You don't even understand basic contract law(as proven when calling work length agreements 'barbaric') so stop talking about this like you know anything at all. The fact is that an ACTUAL LAWYER is not exactly sure how this will unfold, so quit acting like you are.

workers' rights supersede contract law - at least, everywhere other than the USA. contracts exist only as allowed BY law, and a nation's rules for employment, as democratically enacted, limit what is possible in a contract. i'm entirely in my right to call it barbaric to allow people to sign away years of their lives with no recourse. i don't believe that even america really allows that - you're just ignorant enough to think it does.


Youre so ignorant you think contracts arent valid. Where the hell do you work? Some socialist propaganda office? He is subject to US law, the origin of his employement and contract, and thats all that matters. Dont make this political keep it legal. But seeing as you fail to understand legal laws that seems impossible.

that's garbage. employment law, by long standing practice and precedent in all wealthy nations, is applied according to the laws of the host nation, not the originating nation of the employer. you're stating what you hope or guess to be true as fact.
Bashion
Profile Joined February 2011
Cook Islands2612 Posts
September 19 2011 22:20 GMT
#1917
Just hire Sase instead and lets move on.
I've got moves like Jagger
gogogadgetflow
Profile Joined March 2010
United States2583 Posts
September 19 2011 22:20 GMT
#1918
On September 20 2011 07:13 gulbanana wrote:
Show nested quote +
On September 20 2011 06:38 keioh wrote:
On September 20 2011 06:33 gulbanana wrote:
On September 20 2011 06:28 zhurai wrote:
On September 20 2011 06:26 gulbanana wrote:
On September 20 2011 06:23 zhurai wrote:
On September 20 2011 06:22 Tanith wrote:
what a loads of stupid drama this has became, how this should of gone whether the contract is legal or not:

Stephano signs contract with col

Stephano change his mind

coL say fuck it, if he change his mind so easily and shits on us this way we don't want or need him, we lost a months worth of negotiations its sucks get over it

Stephano and mil look like idiots

case closed


All this legal, lawsuit blah blah blah fucking zzzzzzzzzzzzzzz

you forgot

now people don't care about contracts because they can just "change their mind"
do you somehow genuinely think that people shouldn't be allowed to quit their job? what century are you from?

do you somehow genuinely think that people should just sign a _legal contract_ and be allowed to just say "fuck it I don't need to do it lolololol"
what century are you from?
stephano did not sign a legal contract. he signed something a jumped-up american idiot thought would bind him under Texas law. doesn't work that way, and no french court would extradite him for it.


So a legally binding contract is not a legal contract ? Shit, world doesn't make sense anymore. Hate will prevail as usual.

it wasn't a legally binding contract. there's more to making a contract legally binding than a piece of paper, some words, and a signature. those words must have valid form, and legitimate function.


You realize the guy he signed the contract with is a practicing lawyer, yes?
gulbanana
Profile Joined March 2011
Australia56 Posts
September 19 2011 22:20 GMT
#1919
On September 20 2011 06:39 zhurai wrote:

Show nested quote +
On September 20 2011 06:36 Kaedeleus wrote:
On September 20 2011 06:32 gulbanana wrote:
On September 20 2011 06:28 Chargelot wrote:
On September 20 2011 06:22 Tanith wrote:
what a loads of stupid drama this has became, how this should of gone whether the contract is legal or not:

Stephano signs contract with col

Stephano change his mind

coL say fuck it, if he change his mind so easily and shits on us this way we don't want or need him, we lost a months worth of negotiations its sucks get over it

Stephano and mil look like idiots

case closed


All this legal, lawsuit blah blah blah fucking zzzzzzzzzzzzzzz


.....
I don't understand why people like this get involved in the conversation, if they are so willfully ignorant that they don't understand the purpose or intents of a -- any -- business.

You can't sign a contract, and then in less than a day after it's made public decline to follow through with your LEGAL obligations. It is illegal..

this contract was not valid and did not confer any legal obligations. it wasn't even in french, let alone in the valid form of a contract of employment.


Finally someone says something true, the contract is not valid in the eyes of the law, we must not look any further

OMG ITS NOT VALID CAUSE ITS NOT IN FRENCH DURRRRRP

maybe someone just learn english or learn to use google translate.

france doesn't care whether you care whether contracts are in french.
EvOr
Profile Joined July 2011
France48 Posts
September 19 2011 22:20 GMT
#1920
On September 20 2011 07:17 anGe wrote:
Show nested quote +
On September 20 2011 07:08 gulbanana wrote:
On September 20 2011 07:06 Ubes wrote:
On September 20 2011 07:03 Ruscour wrote:
On September 20 2011 07:01 najreteip wrote:
On September 20 2011 06:51 justinpal wrote:
On September 20 2011 06:49 EvOr wrote:
Wanna guess what's the next move of Stephano : Going back to his studies, he switch to a full time pro-gamer, right before entering med school, he will switch back to being a student...



Stephano is 18? He is going to med school soon? Really?

Why not? Going to university at 18 seems pretty normal to me

I was gonna say, I'm at university right now and I'm 17, studying at uni at 18 isn't out of the norm at all..

Med School at 18 isn't the norm.

in france, medical school begins at an undergraduate level. this is also true in australia, and many other places.

there's a common theme in this thread: people assuming that the way things work in their country is the way they do, and should, work everywhere else.


Well you don't know jack about France apparently. What you're saying about how you can quit your job at any time baffles me. You have to come to an agreement with your company otherwise it's legal for them to sue you so stop posting really because you're making a fool out of yourself.

Not to mention that you keep speaking of the contract but I'm quite sure you didn't see it and if you did I have to agree with the guy saying you're from Mil. And even if you are you don't know anything about international law and that's a shame.


Wrong, you can decide to leave whenever you want. You have to wait until the period of "préavis" is finished (3 months at most). Your employer cannot prevent you to leave, he can just ask you to do those 3 months entirely or pay you more if you need to stay one more months to finish a job for instance.
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