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No Kespa Players in Upcoming GSL - Page 59

Forum Index > SC2 General
1864 CommentsPost a Reply
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NoobSkills
Profile Joined August 2009
United States1601 Posts
Last Edited: 2012-08-23 21:46:18
August 23 2012 21:45 GMT
#1161
On August 24 2012 06:42 Plansix wrote:
Show nested quote +
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


I don't know anything about the deal KESPA and Blizzard worked out meaning not the specifics, but I'm pretty sure it was based on money they need to pay to hold events, and if that was the main issue being had, no part of the contract would be able to be disputed if they pay Blizzard the fee. And if they do everything along those lines right, Blizzard has no right to tell KESPA how to run the event after that or manage their players, unless that was in the contract too, but it would seem highly unlikely that KESPA would allow that.
11cc
Profile Joined May 2008
Finland561 Posts
Last Edited: 2012-08-23 21:52:39
August 23 2012 21:48 GMT
#1162
On August 24 2012 06:22 Ribbon wrote:
Show nested quote +
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


KeSPA shut down the GOMTV Classic (a BW league with English casting) by pressuring teams to drop out. Blizzard then sued for control of the BW scene, basically. They wanted

A. The Blizzard logo on stuff
B. A license fee to have BW tournaments (this is the part that was controversial)
C. To be able to audit KeSPA's finances.

They got the logos, but that was it.

At the time, a lot of people thought Blizz was trying to kill BW to make room for SC2.

GOM, on the other hand, was doing their tournaments with Blizzard's endorsements, and making some efforts to expand the foreign BW scene with foreign BW tournaments and english casting. This is why Blizzard gave GOM the rights to SC2 originally: they were trying to grow "e-sports" while KeSPA was trying to shrink it.


It was kespa that built the pro scene from nothing. They didn't own the game itself, so a big part of their hard work over many years was tied to the famous players and teams that fans follow. However many dick moves kespa seems to make, they never wanted anything from gomtv. They just were reluctant to let them leech off from their scene instead of building their own first.

Also, gom feels like blizzards puppet company in esports, the company I'm the most worried getting any more power over the scene at the moment. Out of blizzard, gom and kespa I think it's ridiculous to say that kespa is the one trying to shrink esports.
densha
Profile Joined December 2010
United States797 Posts
August 23 2012 21:48 GMT
#1163
On August 24 2012 06:38 NoobSkills wrote:
Show nested quote +
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


While everyone loves JD of course, it's more the storyline of the WCS in general and Kespa v. GOM in particular that has the scene energized. It is a little less interesting to watch Kespa v. Kespa and GOM v. GOM until the scene normalizes.

Kespa wants to deny GOM that storyline and the viewers that come with it, but it's like they're just going nuclear - damaging the whole scene and the momentum gained by the rivalry just for some petty bullshit.

I only wish that I had given something to Kespa so I could take it away (subscription, etc), I just hope Blizz comes down HARD and even possibly pulls the plug on OSL and PL.
If you wish to make an apple pie from scratch, you must first invent the universe.
Roxor9999
Profile Joined December 2011
Netherlands771 Posts
August 23 2012 21:49 GMT
#1164
Since GOM has the rights to broadcasting sc2 i don't see any problem. If GOM wanted to do something they could.
valentine1
Profile Joined June 2011
Australia129 Posts
August 23 2012 21:49 GMT
#1165
On August 24 2012 06:42 Plansix wrote:
Show nested quote +
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


Because that's the law? I mean maybe you guys don't quite understand how IP works... You can't just set up a company that makes a profit off of another person's work without their permission (as stated a hundred times before - licensing). In BW from what I've read, they got away with it because there was no real way to enforce it. Despite the fact that KeSPA 'owns' the players, it still doesn't make what they do any more of a breach of intellectual property rights if they have all the power in Korea and Blizzard doesn't. It's not a play of power, it's a play of rights. Blizzard can do what they like and KeSPA can deal, regardless of how much money and sponsorship they have. It is though, in Blizzard's best interest to get on-side with KeSPA because of the huge potential domestic market.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
August 23 2012 21:50 GMT
#1166
On August 24 2012 06:45 NoobSkills wrote:
Show nested quote +
On August 24 2012 06:42 Plansix wrote:
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


I don't know anything about the deal KESPA and Blizzard worked out meaning not the specifics, but I'm pretty sure it was based on money they need to pay to hold events, and if that was the main issue being had, no part of the contract would be able to be disputed if they pay Blizzard the fee. And if they do everything along those lines right, Blizzard has no right to tell KESPA how to run the event after that or manage their players, unless that was in the contract too, but it would seem highly unlikely that KESPA would allow that.

There is no way the contract does not have rules on how events need to be run in some way. They would have very bad attorneys if the just let people show sc2 any way they pleased, as long as they paid the fee.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
Disengaged
Profile Joined July 2010
United States6994 Posts
August 23 2012 21:52 GMT
#1167
Hopefully Blizzard's statement will be good news.
madsweepslol
Profile Joined February 2010
161 Posts
August 23 2012 21:56 GMT
#1168
On August 24 2012 06:32 NoobSkills wrote:If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown?

Or they could, you know, simply disconnect OSL tourney's from their servers and shut KeSPA's sc2 efforts down cold. If shit ever went that far, anyways.
Prplppleatr
Profile Joined May 2011
United States1518 Posts
August 23 2012 21:57 GMT
#1169
I just want to say thanks to the OP for keeping up with everything..nice job.

Also, Blizzard has final say, end of story, so we just have to wait and see how things will turn out. Either way, Kespa has taken a hit to their reputation from this.
🥇 Prediction Contest - Mess with the best, die like the rest.
sam05396
Profile Joined April 2011
United States783 Posts
August 23 2012 21:57 GMT
#1170
will blizzard statement be released from blizzard korea or from america?
NoobSkills
Profile Joined August 2009
United States1601 Posts
Last Edited: 2012-08-23 22:00:10
August 23 2012 21:58 GMT
#1171
On August 24 2012 06:49 valentine1 wrote:
Show nested quote +
On August 24 2012 06:42 Plansix wrote:
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


Because that's the law? I mean maybe you guys don't quite understand how IP works... You can't just set up a company that makes a profit off of another person's work without their permission (as stated a hundred times before - licensing). In BW from what I've read, they got away with it because there was no real way to enforce it. Despite the fact that KeSPA 'owns' the players, it still doesn't make what they do any more of a breach of intellectual property rights if they have all the power in Korea and Blizzard doesn't. It's not a play of power, it's a play of rights. Blizzard can do what they like and KeSPA can deal, regardless of how much money and sponsorship they have. It is though, in Blizzard's best interest to get on-side with KeSPA because of the huge potential domestic market.


I don't think you get my point. If the contract was only about having to pay a fee for the IP rights to hold an event then the OSL has already done that seeing as the OSL is about to start. If that is true then they aren't breaching their IP rights because Blizzard has been paid. The IP rights do not extend to Blizzard being able to control what KESPA or anyone does with their players. I don't think that Blizzard can force KESPA to share their players based off a TV/IP rights contract. Blizzard, however, can attempt to shut down an OSL by breaking their contract.

On August 24 2012 06:56 madsweepslol wrote:
Show nested quote +
On August 24 2012 06:32 NoobSkills wrote:If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown?

Or they could, you know, simply disconnect OSL tourney's from their servers and shut KeSPA's sc2 efforts down cold. If shit ever went that far, anyways.


Yup agreed, but then Blizzard would be supporting GOM's way which isn't right either. At least quite a few players for KESPA make some money nowadays. I don't know about GOM teams (for sure), but most hint at no salary, just room and board, possible travel.
sam05396
Profile Joined April 2011
United States783 Posts
August 23 2012 21:59 GMT
#1172
On August 24 2012 06:58 NoobSkills wrote:
Show nested quote +
On August 24 2012 06:49 valentine1 wrote:
On August 24 2012 06:42 Plansix wrote:
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


Because that's the law? I mean maybe you guys don't quite understand how IP works... You can't just set up a company that makes a profit off of another person's work without their permission (as stated a hundred times before - licensing). In BW from what I've read, they got away with it because there was no real way to enforce it. Despite the fact that KeSPA 'owns' the players, it still doesn't make what they do any more of a breach of intellectual property rights if they have all the power in Korea and Blizzard doesn't. It's not a play of power, it's a play of rights. Blizzard can do what they like and KeSPA can deal, regardless of how much money and sponsorship they have. It is though, in Blizzard's best interest to get on-side with KeSPA because of the huge potential domestic market.


I don't think you get my point. If the contract was only about having to pay a fee for the IP rights to hold an event then the OSL has already done that seeing as the OSL is about to start. If that is true then they aren't breaching their IP rights because Blizzard has been paid. The IP rights do not extend to Blizzard being able to control what KESPA or anyone does with their players. I don't think that Blizzard can force KESPA to share their players based off a TV/IP rights contract. Blizzard, however, can attempt to shut down an OSL by breaking their contract.

just shut down all korea for "maintenance" whenever osl is on ^^
NoobSkills
Profile Joined August 2009
United States1601 Posts
August 23 2012 22:01 GMT
#1173
On August 24 2012 06:59 sam05396 wrote:
Show nested quote +
On August 24 2012 06:58 NoobSkills wrote:
On August 24 2012 06:49 valentine1 wrote:
On August 24 2012 06:42 Plansix wrote:
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


Because that's the law? I mean maybe you guys don't quite understand how IP works... You can't just set up a company that makes a profit off of another person's work without their permission (as stated a hundred times before - licensing). In BW from what I've read, they got away with it because there was no real way to enforce it. Despite the fact that KeSPA 'owns' the players, it still doesn't make what they do any more of a breach of intellectual property rights if they have all the power in Korea and Blizzard doesn't. It's not a play of power, it's a play of rights. Blizzard can do what they like and KeSPA can deal, regardless of how much money and sponsorship they have. It is though, in Blizzard's best interest to get on-side with KeSPA because of the huge potential domestic market.


I don't think you get my point. If the contract was only about having to pay a fee for the IP rights to hold an event then the OSL has already done that seeing as the OSL is about to start. If that is true then they aren't breaching their IP rights because Blizzard has been paid. The IP rights do not extend to Blizzard being able to control what KESPA or anyone does with their players. I don't think that Blizzard can force KESPA to share their players based off a TV/IP rights contract. Blizzard, however, can attempt to shut down an OSL by breaking their contract.

just shut down all korea for "maintenance" whenever osl is on ^^


Today Blizzard will be running scheduled maintenance at..... Whenever the fucking OSL starts. We would like to thank you for your patience. Our service will be back online the exact minute the OSL stands clear out.

-Dustin Brodaddy
Xiphos
Profile Blog Joined July 2009
Canada7507 Posts
August 23 2012 22:02 GMT
#1174
On August 24 2012 06:59 sam05396 wrote:
Show nested quote +
On August 24 2012 06:58 NoobSkills wrote:
On August 24 2012 06:49 valentine1 wrote:
On August 24 2012 06:42 Plansix wrote:
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


Because that's the law? I mean maybe you guys don't quite understand how IP works... You can't just set up a company that makes a profit off of another person's work without their permission (as stated a hundred times before - licensing). In BW from what I've read, they got away with it because there was no real way to enforce it. Despite the fact that KeSPA 'owns' the players, it still doesn't make what they do any more of a breach of intellectual property rights if they have all the power in Korea and Blizzard doesn't. It's not a play of power, it's a play of rights. Blizzard can do what they like and KeSPA can deal, regardless of how much money and sponsorship they have. It is though, in Blizzard's best interest to get on-side with KeSPA because of the huge potential domestic market.


I don't think you get my point. If the contract was only about having to pay a fee for the IP rights to hold an event then the OSL has already done that seeing as the OSL is about to start. If that is true then they aren't breaching their IP rights because Blizzard has been paid. The IP rights do not extend to Blizzard being able to control what KESPA or anyone does with their players. I don't think that Blizzard can force KESPA to share their players based off a TV/IP rights contract. Blizzard, however, can attempt to shut down an OSL by breaking their contract.

just shut down all korea for "maintenance" whenever osl is on ^^


I'm sure that Korea can find their own private server and play on that.
2014 - ᕙ( •̀ل͜•́) ϡ Raise your bows brood warriors! ᕙ( •̀ل͜•́) ϡ
DMKraft
Profile Joined December 2010
476 Posts
August 23 2012 22:03 GMT
#1175
1) Kespa needs to work with Gom so players can play in both tournaments.
2) Kespa needs to stop owning players and let them play in whatever they want.


Maybe Kespa wants to set up its league full of Kespa players then after all Code S and A spots are full say, GSL players can now attempt to qualify
valentine1
Profile Joined June 2011
Australia129 Posts
August 23 2012 22:04 GMT
#1176
On August 24 2012 06:58 NoobSkills wrote:
Show nested quote +
On August 24 2012 06:49 valentine1 wrote:
On August 24 2012 06:42 Plansix wrote:
On August 24 2012 06:38 NoobSkills wrote:
On August 24 2012 06:33 Dodgin wrote:
On August 24 2012 06:32 NoobSkills wrote:
On August 24 2012 06:26 Plansix wrote:
On August 24 2012 06:18 NoobSkills wrote:
On August 24 2012 06:14 Arkio wrote:
Blizzard IP lawsuit, what happened there?


Blizzard backed the fuck down lol.
Really in the end who can say who should have won the law suit.
Basically arguing over the right to hold tournaments, and the IP because of it (replays and streaming it and tv).

They make the game, but KESPA did make the BW esports scene. They also are the ones who held the tournaments and paid the players. Perhaps Blizzard should get a fee for allowing their game in an event, but I think the tournament organizers should have the given right for all content produced for and from that event. Maps VODS Interviews ect.


Blizzard did not care about the BW scene, they were securing their IP rights for SC2. You are 100% incorrect about the outcome of that case, it settled with Blizzard getting the IP rights to SC2 and KeSPA admitting they needed blizzards approval to show SC2 on TV.


Blizzard couldn't even get what they wanted for BroodWar, and they've fully secured their rights for SC2? I don't think so. If KESPA decides to run an event Blizzard can fuck with it what only if their Logo isn't shown? I know that was their goal they weren't necessarily trying to kill BW, but get ready for the eventual switchover from BW, but you really think they won? I don't remember where those television companies/ KESPA said they had to have Blizzard approval for their events, but I will try to find the thread with the outcome again.


The #1 reason for no LAN is so Blizzard has 100% control of who can and cannot run tournaments for starcraft 2.


Yes, I just found this too..

http://us.battle.net/sc2/en/blog/5308167/A_Historic_Moment_in_eSports-5_2_2012

I still think KESPA could get around Blizzard's blacklisted IP restrictions, but if they have a license to hold events already according to that, they still do "own" the players. They don't have to cooperate with GOM at least not by law I don't think. And let's not kid ourselves they own the more intriguing players. JD players 44k views on vod and I can't load my player live, but when 2 GOM players are at it ~5k views. I don't see how Blizzard can force KESPA to have their players play in GOM.


They can do so through legal action if KeSPA breached the terms of the contract. I don't know the term in Korean law, but you can file a temporary restraining order in the US to enforce a term of a contract while the dispute is being settled. Apple just did it to Samsung in the US and several other markets with a phone, and Samsung cannot sell the phone any more. Also, the many of the Kespa members have America branches and do buisness there.


Because that's the law? I mean maybe you guys don't quite understand how IP works... You can't just set up a company that makes a profit off of another person's work without their permission (as stated a hundred times before - licensing). In BW from what I've read, they got away with it because there was no real way to enforce it. Despite the fact that KeSPA 'owns' the players, it still doesn't make what they do any more of a breach of intellectual property rights if they have all the power in Korea and Blizzard doesn't. It's not a play of power, it's a play of rights. Blizzard can do what they like and KeSPA can deal, regardless of how much money and sponsorship they have. It is though, in Blizzard's best interest to get on-side with KeSPA because of the huge potential domestic market.


I don't think you get my point. If the contract was only about having to pay a fee for the IP rights to hold an event then the OSL has already done that seeing as the OSL is about to start. If that is true then they aren't breaching their IP rights because Blizzard has been paid. The IP rights do not extend to Blizzard being able to control what KESPA or anyone does with their players. I don't think that Blizzard can force KESPA to share their players based off a TV/IP rights contract. Blizzard, however, can attempt to shut down an OSL by breaking their contract.


You're right, I completely misunderstood. Apologies.

There may however be licensing conditions which we don't know about. eg: 'you can only play televised sc2 games on Wednesdays' which could have been entered into. In that sense, there could be an element of control - ultimately it's Blizzard's game and they do have the power to control KeSPA. Seems to be a bit of a balancing act though, if they ask for too much then KeSPA may not pay.

In terms of sharing players, you're right. I don't think licensing rights to IP can influence something as far-reaching as players. It's too remote. It could be dealt with in indirect ways though (in the future, too late now) in ways that Blizzard will concede some right that they have on the promise that KeSPA will let players play in both. I mean KeSPA, even though they're being a bit 'KeSPA-ish' right now, is making the switch to SC2. Can't see them going back to BW. They need this to work and they need to make money. So they'll have to be a bit accommodating... I hope...

Sorry I misread your post, didn't mean to sound like a dick.
mango_destroyer
Profile Joined August 2010
Canada3914 Posts
August 23 2012 22:07 GMT
#1177
we need translations of korean netizens comments regarding this!!
ragz_gt
Profile Blog Joined April 2012
9172 Posts
Last Edited: 2012-08-23 22:09:10
August 23 2012 22:08 GMT
#1178
They did sign an agreement at the big conference thing everyone was so hyped about. No one knows exact language, but you'd assume there is some guidelines along these lines.

Best thing GOM can do is hope their players crush KeSPA in OSL, which would take all leverage away from KeSPA.
I'm not an otaku, I'm a specialist.
BushidoSnipr
Profile Joined November 2010
United States910 Posts
August 23 2012 22:11 GMT
#1179
Wow. A company worse than Blizzard. I didn't think it could be done.
Doodsmack
Profile Blog Joined August 2010
United States7224 Posts
Last Edited: 2012-08-23 22:12:57
August 23 2012 22:12 GMT
#1180
Very disappointing that GOM players are playing in OSL but Kespa players won't be in GSL. Definitely appears from the outside that Kespa is the one not being cooperative. Sounds like they want to ride the Kespa vs GOM viewer train alone.

And to the people talking about law, please stop. You have no clue about the terms of the contract therefore you have no fucking clue about the legal rights and responsibilities of each party here. If you haven't even been to law school that would be even funnier.
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