a question i have wouldbe if this is written as if the whole dispute took place in america or if korean law was taken into account.

wouldnt the whole discussion have to be pursuant to korean law due to the terriotoriality principle (lex loci protectionis)

another view on things would be to see this as an american infringement, as the holder of the right is an american company. korean courts would be merely interpreting and executing american law. i do not know if this argument is possible though (maybe because matches are viewable online?)

Aryador

Sweden4 Posts

August 28 2012 08:16 GMT

#46

Nice paper one question thou.

As i program developer i have some right to my product and its use. But in this case one might argue that the program is used as intended they are playing the game, the broadcast has nothing to do with the game it self but are the product of the players.

Example

I buy a adobe product i use the templates that are in the product and make a piece of art.
that art becomes uber e'famous and everyone and his aunt is using it.
Adobe then come and say hey that our templates and we want a piece of the pie.

that basically what blizzard was doing they created the software yes but not the artwork its the player that is the artist and i do say artist and not athlete.

So my question is cant one argue that the players in this case all hold a licence to the game should be considers the true artist and the game it self is just a tool to create the art? and how would that relate to the lawsuit in question?

Goldfish

2230 Posts

August 28 2012 10:17 GMT

#47

On August 25 2012 11:58 ArvickHero wrote:
-KeSPA as an organization never banned its players from the GOM Classics, which lasted up to 2009. The lawsuits occured 2010. The interview you hotlinked with "KeSPA prevented Gretech from running any leagues" has nothing to do with those words, and should be corrected.

I don't know about that.

http://www.teamliquid.net/forum/viewmessage.php?topic_id=104250

Someone linked earlier but if you read the comments/replies, it seems everyone was surprised.

It's the same thing KeSPA tried to pull on GOM and GSL - the "literally" everyone [including B-teamers, they're too busy with not being busy] is "too busy" 24/7 card.

Also I like that everyone else in the thread was making the same argument I was making against this >.> (that why ban everyone? They can hog Jaedong, Flash, Bisu, Stork, etc but at least allow the B teamers to participate).

It seems KeSPA told some of their team to not participate or something (from what everyone said in that thread).

Edit - Of course I could be wrong. Mainly because 5 teams did say they wanted to participate. One argument is that the other teams didn't have promising b-teamers and/or want everyone to focus on PL.

NHY

1013 Posts

August 28 2012 10:55 GMT

#48

On August 25 2012 12:27 ArvickHero wrote:

Show nested quote +

Point taken. Still, the fact that KeSPA is labeled as a non-profit organization .. that changes nothing?

Nonprofit doesn't mean they can't make profit or shouldn't. The bottom line is that profits generated by NPOs can't be transferred out as dividends. Of course that doesn't mean they don't find ways to do so, as long as they can convince the government agency in charge of oversight that it is for the 'good of esports.'

Zer atai

United States691 Posts

August 28 2012 10:59 GMT

#49

Nice article. Hope your future is bright with success. It sure looks like it will be.

Rick Deckard

90 Posts

September 02 2012 09:56 GMT

#50

Thank you for posting this. The conclusion of your publication seems sensible and entirely commendable.

I hope the best for your legal career. Frankly the status quo of the legality (or rather lack of it) of broadcasting esports tournaments and even streaming games reflects very poorly on the legal establishment. Legal professionals are currently screwing the general public rather than helping them.

Luckily the public does have some recourse, for example they can choose to not play or watch sc2. In Korea sc2 is not popular compared to bw, I wouldn't be surprised if that's due in part to the shameful actions of Blizzard. Specifically legally but immorally extorting money from esports by copyright enforcement against the public good.

Guanyin

Sweden38 Posts

September 02 2012 10:01 GMT

#51

As a law student, its always fun when you can combine something else you have an interest in! I'm gonna indulge myself in your article at once!

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