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Active: 3795 users

Destiny: Own3d paying streamers late, not fulfilling contr…

Forum Index > SC2 General
729 CommentsPost a Reply
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Tenshix
Profile Joined January 2013
United States169 Posts
January 18 2013 04:28 GMT
#101
Own3d just got owned?
BluePanther
Profile Joined March 2011
United States2776 Posts
January 18 2013 04:30 GMT
#102
On January 18 2013 13:25 NGrNecris wrote:
Show nested quote +
On January 18 2013 13:21 BluePanther wrote:
On January 18 2013 12:56 Plansix wrote:
On January 18 2013 12:51 Tula wrote:
On January 18 2013 12:42 Plansix wrote:
On January 18 2013 12:30 FabledIntegral wrote:
On January 18 2013 11:07 Lord Lunga wrote:
Obvious question: Why isn't Destiny suing them?


Obvious answer. Suing costs a lot of money, time, and involves a high degree of uncertainty, especially if own3d is still unable to pay.


True point, even if you win a law the case, they may not pay. And then you need to spend more money force them to pay, which by that point, they may have no money. Its all being "judgment proof" in the legal field.


Please do not bring US law into a discussion regarding a firm which allegedly resides in Austria. Suing someone does not involve any degree of uncertainty over here. Either someone owes you a debt you can prove, or they don't. If they do your lawyer (technically you don't need one for something like this, but let's keep it simple) has about 1h work to prepare it for court. In most cases (as in about 80% of those i worked on), the firm mysteriously decided to pay up before the court date arrived, simply because they know just as well that "Schuldrecht" is very iron clad in Austria. All they can gain by not paying (or arranging a settlement of some kind) is getting the court costs (including execution of their assets) added on top of their debt.

Destiny has a contract of some kind, and he can clearly show that he did not receive any payment from July onwards (I think, would need to reread his post), that is more than enough to sue someone without incurring almost any cost in Austria.



He lives in the United States. Can you sue people and then not show up for the court case, because I think he might have to fly there to sue them? Here in the US you need to show up in Court at some point, even if you have an attorney. I don't know how you folks do things down there, though.


He would likely win a case in US court, but enforcement would still be an issue.

lawyer fees, court fees and other fees would probably amount to his yearly income


That depends how much he makes. Court fees might be a few hundred at most here, and I would take a simple contract case like this for about a grand (secure a summary judgment on this, assuming his story is true and the contract is legit).
Nerski
Profile Blog Joined November 2010
United States1095 Posts
January 18 2013 04:36 GMT
#103
On January 18 2013 11:32 shockaslim wrote:
Show nested quote +
On January 18 2013 11:27 Sufinsil wrote:
On January 18 2013 11:25 shockaslim wrote:
If I was him or anyone else that got jerked by that company I would sue the SHIT out of them. Thats just unacceptable to not make your payments to someone and then threaten legal action when they break the contract due to you being a piece of garbage.


Its a company based out of Austria and lawyers are not cheap.


If you are a big time independent player with a contract like his. or you have a team......its a very good idea to have a lawyer just for shit like this. I know its eSports and them eSports dollars aren't always the most reliable, but to not get paid for nearly 6 months would definitely warrant a lawsuit even with the cheapest lawyers.



Lawyers are incredibly expensive in general...and frankly you can't hire any old lawyer...they have to have some expertise in contract disputes or they'll be utterly worthless.

In his contract he takes a 60% penalty on money earned/owed, which is probably favorable to shelling out to a lawyer.

All that aside people saying just sue over it or any contract dispute...are being naive at best in regards to legal costs.

To keep a half way competent lawyer on retainer you are probably talking 5k to 15k.
Hourly wages to just hire a lawyer are anywhere between $75 to $300 per/hr.

Number of anyone involved in esports who can afford those kinds of legal fees is next to none. Less a handful of entertainers, teams, and organizations who can and probably do spend money on that sort of thing. Quite a few 'contracts' at best are notarized and are not really drafted up by a lawyer.

Just some perspective as to why most players / people in esports appeal to the public rather then a lawyer.
Twitter: @GoForNerski /// Youtube: Youtube.com/nerskisc
LarJarsE
Profile Blog Joined August 2009
United States1378 Posts
January 18 2013 04:40 GMT
#104
This seems to be a case exclusive to destiny as I havent seen anyone else complaining about not getting paid by own3d or delayed payment. This is probably destiny doing what he does best, starting random shit to try to get views/attention.
since 98'
CrazyF1r3f0x
Profile Blog Joined August 2010
United States2120 Posts
January 18 2013 04:45 GMT
#105
On January 18 2013 13:40 LarJarsE wrote:
This seems to be a case exclusive to destiny as I havent seen anyone else complaining about not getting paid by own3d or delayed payment. This is probably destiny doing what he does best, starting random shit to try to get views/attention.

A number of others have reported the same thing as destiny.
"Actual happiness always looks pretty squalid in comparison with the overcompensations for misery."
Nerski
Profile Blog Joined November 2010
United States1095 Posts
January 18 2013 04:46 GMT
#106
On January 18 2013 13:40 LarJarsE wrote:
This seems to be a case exclusive to destiny as I havent seen anyone else complaining about not getting paid by own3d or delayed payment. This is probably destiny doing what he does best, starting random shit to try to get views/attention.


As a friendly suggestion...you may want to actually read a few follow up posts before posting.
Twitter: @GoForNerski /// Youtube: Youtube.com/nerskisc
DarkPlasmaBall
Profile Blog Joined March 2010
United States46263 Posts
January 18 2013 04:47 GMT
#107
On January 18 2013 13:40 LarJarsE wrote:
This seems to be a case exclusive to destiny as I havent seen anyone else complaining about not getting paid by own3d or delayed payment. This is probably destiny doing what he does best, starting random shit to try to get views/attention.


...And then you read the thread.
"There is nothing more satisfying than looking at a crowd of people and helping them get what I love." ~Day[9] Daily #100
BluePanther
Profile Joined March 2011
United States2776 Posts
January 18 2013 04:48 GMT
#108
On January 18 2013 13:36 Nerski wrote:
To keep a half way competent lawyer on retainer you are probably talking 5k to 15k.
Hourly wages to just hire a lawyer are anywhere between $75 to $300 per/hr.



I think you have very overinflated ideas of what a lawyer costs. Anything over $200 is simply a ripoff (unless you're super rich and simply want the .001% most experienced guy ever), even for a super specialist. And contracts isn't exactly that specialized, every lawyer has to take the basics.
BeNicePLz
Profile Joined January 2013
1 Post
Last Edited: 2013-01-18 04:51:49
January 18 2013 04:50 GMT
#109
On January 18 2013 13:40 LarJarsE wrote:
This seems to be a case exclusive to destiny as I havent seen anyone else complaining about not getting paid by own3d or delayed payment. This is probably destiny doing what he does best, starting random shit to try to get views/attention.


Wrong. Come on do you even read or just blindly make statements.

Many people have this issue. All of TSM, Phantoml0rd, Guardsman, & many more have made the switch to Twitch.



SeeN_CiRcUs
Profile Joined May 2010
37 Posts
January 18 2013 04:51 GMT
#110
This could well be within the remit of the small claims court which is a requirement under EU law. If this were the case then it would cost very little to take action.... Small breaches of contract in self-employment cases often go to court in the SCC. Representation isn't even needed: often it's just an hour briefing outlining the process. If this is the case in Austria then it would be simple for this guy to sort this out...
TotalBiscuit
Profile Blog Joined March 2010
United Kingdom5437 Posts
January 18 2013 04:51 GMT
#111
"They stayed professional"

Shut the fuck up. My god this attitude stinks. This is what people THINK is professional, speaking politely and using proper sentences. You know what is actually professional? Fulfilling your goddamn contractual obligations and running your business properly.

Jeez if all it took to be considered professional was politeness then what a world we'd live in. Hint, it'd be shit. Lying is just as easy to do while being polite as it is while being offensive.
CommentatorHost of SHOUTcraft Clan Wars- http://www.mlg.tv/shoutcraft
Zdrastochye
Profile Blog Joined November 2010
Ivory Coast6262 Posts
January 18 2013 04:53 GMT
#112
On January 18 2013 13:51 TotalBiscuit wrote:
"They stayed professional"

Shut the fuck up. My god this attitude stinks. This is what people THINK is professional, speaking politely and using proper sentences. You know what is actually professional? Fulfilling your goddamn contractual obligations and running your business properly.

Jeez if all it took to be considered professional was politeness then what a world we'd live in. Hint, it'd be shit. Lying is just as easy to do while being polite as it is while being offensive.


Dunno about you TB, but I'm much more polite when I'm lying my ass off.
Hey! How you doin'?
pprrii
Profile Joined September 2012
Russian Federation216 Posts
January 18 2013 04:53 GMT
#113
wow, after reading the OP looks like own3d is D.E.A.D.
sad for steven
BluePanther
Profile Joined March 2011
United States2776 Posts
January 18 2013 04:57 GMT
#114
Do these people not have lawyers, ever?
tribulator
Profile Joined February 2011
774 Posts
Last Edited: 2013-01-18 05:00:16
January 18 2013 04:59 GMT
#115
Refering to the argument about small claims court in austria, i'm curious as to what the monetary limit is for their small claims court regarding these matter?

He said on stream that the money owed is somewhere between "15 and 30 thousand dollars", without giving an exact amount. Depending on the state in the US, the limit tends to be around 10 thousand on these disputes, so I'm curious as to how something like that would be approached internationally.
Nerski
Profile Blog Joined November 2010
United States1095 Posts
Last Edited: 2013-01-18 05:00:29
January 18 2013 04:59 GMT
#116
On January 18 2013 13:48 BluePanther wrote:
Show nested quote +
On January 18 2013 13:36 Nerski wrote:
To keep a half way competent lawyer on retainer you are probably talking 5k to 15k.
Hourly wages to just hire a lawyer are anywhere between $75 to $300 per/hr.



I think you have very overinflated ideas of what a lawyer costs. Anything over $200 is simply a ripoff (unless you're super rich and simply want the .001% most experienced guy ever), even for a super specialist. And contracts isn't exactly that specialized, every lawyer has to take the basics.

.
I'd suppose some of it is perspective, but in dealing with a contract dispute...I would highly doubt you get the job done in 200 bucks, it's not like you are going to traffic court on a speeding violation. If you pay for some cheapo lawyer and whoever you are going up against has a decent lawyer...you'll probably get your butt handed to you on a platter. Not to mention many of these disputes cross country lines which requires a different level of legal knowledge.

Either way using public pressure is 100% cheaper.
Twitter: @GoForNerski /// Youtube: Youtube.com/nerskisc
Bigtony
Profile Blog Joined June 2011
United States1606 Posts
January 18 2013 05:00 GMT
#117
On January 18 2013 13:51 TotalBiscuit wrote:
"They stayed professional"

Shut the fuck up. My god this attitude stinks. This is what people THINK is professional, speaking politely and using proper sentences. You know what is actually professional? Fulfilling your goddamn contractual obligations and running your business properly.

Jeez if all it took to be considered professional was politeness then what a world we'd live in. Hint, it'd be shit. Lying is just as easy to do while being polite as it is while being offensive.


This this this.

I own a small business. I communicate with my employees and clients via text message. On the other hand, I fulfill my obligations at the exact time that I promise I will or I refund their money and/or give them free stuff.

There is no excuse for paying someone late. If you can't trust someone to pay you in a timely fashion in the manner agreed upon, there is no reason to be doing business with them.
Push 2 Harder
redviper
Profile Joined May 2010
Pakistan2333 Posts
January 18 2013 05:02 GMT
#118
On January 18 2013 13:51 TotalBiscuit wrote:
"They stayed professional"

Shut the fuck up. My god this attitude stinks. This is what people THINK is professional, speaking politely and using proper sentences. You know what is actually professional? Fulfilling your goddamn contractual obligations and running your business properly.

Jeez if all it took to be considered professional was politeness then what a world we'd live in. Hint, it'd be shit. Lying is just as easy to do while being polite as it is while being offensive.


So fucking true. I am a professional working for a professional lab, surrounded by professional people with doctorates. We all curse constantly. If a machine misbehaves we curse at it, if a person is dickish we curse at it. And if being polite was a necessity for being a professional, than maybe .001% of the scientists I have met are this mythical professional.

Doctors swear like sailors sometimes, lawyers most certainly do (although they can't in court rooms but still do sometime). The only time people aren't professional is when they violate some part of the professional code of conduct, the law, or the ethics of their profession.
SupLilSon
Profile Joined October 2011
Malaysia4123 Posts
January 18 2013 05:02 GMT
#119
On January 18 2013 13:48 BluePanther wrote:
Show nested quote +
On January 18 2013 13:36 Nerski wrote:
To keep a half way competent lawyer on retainer you are probably talking 5k to 15k.
Hourly wages to just hire a lawyer are anywhere between $75 to $300 per/hr.



I think you have very overinflated ideas of what a lawyer costs. Anything over $200 is simply a ripoff (unless you're super rich and simply want the .001% most experienced guy ever), even for a super specialist. And contracts isn't exactly that specialized, every lawyer has to take the basics.

What? Most lawyers won't even see you for a initial meeting for 200 bucks...

Nerski
Profile Blog Joined November 2010
United States1095 Posts
January 18 2013 05:02 GMT
#120
On January 18 2013 13:59 tribulator wrote:
Refering to the argument about small claims court in austria, i'm curious as to what the monetary limit is for their small claims court regarding these matter?

He said on stream that the money owed is somewhere between "15 and 30 thousand dollars", without giving an exact amount. Depending on the state in the US, the limit tends to be around 10 thousand on these disputes, so I'm curious as to how something like that would be approached internationally.


Average limit in the US is 5k, some go up to 10k and a few are as low as 3k.
Twitter: @GoForNerski /// Youtube: Youtube.com/nerskisc
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