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Mkers: Payment Withhold Dispute - Page 10

Forum Index > SC2 General
241 CommentsPost a Reply
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Official response from Mkers:

https://tl.net/forum/viewpost.php?post_id=27509623



The resolution:

https://tl.net/forum/starcraft-2/553531-mkers-payment-withhold-dispute?page=11#205



Mkers’ response to the resolution:

https://tl.net/forum/starcraft-2/553531-mkers-payment-withhold-dispute?page=11#216
WombaT
Profile Blog Joined May 2010
Northern Ireland27478 Posts
December 16 2019 03:18 GMT
#181
On December 16 2019 12:14 Jealous wrote:
Show nested quote +
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
On December 14 2019 08:24 SuperFanBoy wrote:
Have any other players from the team made any statements?


By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.

'You'll always be the cuddly marsupial of my heart, despite the inherent flaws of your ancestry' - Squat
TL+ Member
Jealous
Profile Blog Joined December 2011
10416 Posts
December 16 2019 03:19 GMT
#182
On December 16 2019 12:18 Wombat_NI wrote:
Show nested quote +
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
On December 14 2019 08:24 SuperFanBoy wrote:
Have any other players from the team made any statements?


By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.
"The right to vote is only the oar of the slaveship, I wanna be free." -- бум бум сучка!
WombaT
Profile Blog Joined May 2010
Northern Ireland27478 Posts
Last Edited: 2019-12-16 03:24:00
December 16 2019 03:23 GMT
#183
On December 16 2019 12:19 Jealous wrote:
Show nested quote +
On December 16 2019 12:18 Wombat_NI wrote:
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
On December 14 2019 08:24 SuperFanBoy wrote:
Have any other players from the team made any statements?


By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.

And I agree with your edited post, solidarity is nice in theory but you can’t expect people to throw away their livelihood for it.

Hence the need for regulatory action if possible. In this case it’s not overly complicated given it’s Blizzard’s show with relatively few third parties nowadays, you want your team to have players in WCS then have your shit in order.
'You'll always be the cuddly marsupial of my heart, despite the inherent flaws of your ancestry' - Squat
TL+ Member
Jealous
Profile Blog Joined December 2011
10416 Posts
December 16 2019 03:28 GMT
#184
On December 16 2019 12:23 Wombat_NI wrote:
Show nested quote +
On December 16 2019 12:19 Jealous wrote:
On December 16 2019 12:18 Wombat_NI wrote:
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
On December 14 2019 08:24 SuperFanBoy wrote:
Have any other players from the team made any statements?


By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.

And I agree with your edited post, solidarity is nice in theory but you can’t expect people to throw away their livelihood for it.

Hence the need for regulatory action if possible. In this case it’s not overly complicated given it’s Blizzard’s show with relatively few third parties nowadays, you want your team to have players in WCS then have your shit in order.

Sadly I don't think Blizzard cares or even has the a real reason to care nowadays. Basically "ded game" meme but in real life.
"The right to vote is only the oar of the slaveship, I wanna be free." -- бум бум сучка!
TelecoM
Profile Blog Joined January 2010
United States10893 Posts
December 16 2019 06:05 GMT
#185
This is bad for eSports honestly the fact that so many "organizations" do things like this is ridiculous, sorry you had to go through this, keep fighting bro
AKA: TelecoM[WHITE] Protoss fighting
Geo.Rion
Profile Blog Joined October 2008
7377 Posts
December 16 2019 06:29 GMT
#186
On December 16 2019 12:28 Jealous wrote:
Show nested quote +
On December 16 2019 12:23 Wombat_NI wrote:
On December 16 2019 12:19 Jealous wrote:
On December 16 2019 12:18 Wombat_NI wrote:
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
On December 14 2019 08:24 SuperFanBoy wrote:
Have any other players from the team made any statements?


By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.

And I agree with your edited post, solidarity is nice in theory but you can’t expect people to throw away their livelihood for it.

Hence the need for regulatory action if possible. In this case it’s not overly complicated given it’s Blizzard’s show with relatively few third parties nowadays, you want your team to have players in WCS then have your shit in order.

Sadly I don't think Blizzard cares or even has the a real reason to care nowadays. Basically "ded game" meme but in real life.

Even if it was a much bigger game, Blizz has no business weighing in on issues such as this.
Similar problems have happened in the past, including in SC, and in other games, such as the undisputed nr 1 esport (money-wise) Dota2. I have to look up the story, but basically, Valve couldnt get involved, even though they always had a much much much more hands-on approach to esports than Blizz ever did.
"Protoss is a joke" Liquid`Jinro Okt.1. 2011
WombaT
Profile Blog Joined May 2010
Northern Ireland27478 Posts
December 18 2019 01:12 GMT
#187
On December 16 2019 15:29 Geo.Rion wrote:
Show nested quote +
On December 16 2019 12:28 Jealous wrote:
On December 16 2019 12:23 Wombat_NI wrote:
On December 16 2019 12:19 Jealous wrote:
On December 16 2019 12:18 Wombat_NI wrote:
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
On December 14 2019 08:24 SuperFanBoy wrote:
Have any other players from the team made any statements?


By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.

And I agree with your edited post, solidarity is nice in theory but you can’t expect people to throw away their livelihood for it.

Hence the need for regulatory action if possible. In this case it’s not overly complicated given it’s Blizzard’s show with relatively few third parties nowadays, you want your team to have players in WCS then have your shit in order.

Sadly I don't think Blizzard cares or even has the a real reason to care nowadays. Basically "ded game" meme but in real life.

Even if it was a much bigger game, Blizz has no business weighing in on issues such as this.
Similar problems have happened in the past, including in SC, and in other games, such as the undisputed nr 1 esport (money-wise) Dota2. I have to look up the story, but basically, Valve couldnt get involved, even though they always had a much much much more hands-on approach to esports than Blizz ever did.

How is it not their business?

In regular sports if a team is not paying staff, is insolvent or whatever then the league tends to sanction them.
'You'll always be the cuddly marsupial of my heart, despite the inherent flaws of your ancestry' - Squat
TL+ Member
elluel
Profile Joined October 2019
62 Posts
December 18 2019 06:59 GMT
#188
Nerchio please open a gofundme page. We will support you!
elKa-ThE-FeArEd
Profile Joined October 2010
Sweden177 Posts
December 18 2019 09:18 GMT
#189
any updates so far Nerchio?
Geo.Rion
Profile Blog Joined October 2008
7377 Posts
December 19 2019 07:41 GMT
#190
On December 18 2019 10:12 Wombat_NI wrote:
Show nested quote +
On December 16 2019 15:29 Geo.Rion wrote:
On December 16 2019 12:28 Jealous wrote:
On December 16 2019 12:23 Wombat_NI wrote:
On December 16 2019 12:19 Jealous wrote:
On December 16 2019 12:18 Wombat_NI wrote:
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
On December 16 2019 04:24 Cyro wrote:
[quote]

By continuing to play for the team they're complicit in this kind of player abuse

Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.

And I agree with your edited post, solidarity is nice in theory but you can’t expect people to throw away their livelihood for it.

Hence the need for regulatory action if possible. In this case it’s not overly complicated given it’s Blizzard’s show with relatively few third parties nowadays, you want your team to have players in WCS then have your shit in order.

Sadly I don't think Blizzard cares or even has the a real reason to care nowadays. Basically "ded game" meme but in real life.

Even if it was a much bigger game, Blizz has no business weighing in on issues such as this.
Similar problems have happened in the past, including in SC, and in other games, such as the undisputed nr 1 esport (money-wise) Dota2. I have to look up the story, but basically, Valve couldnt get involved, even though they always had a much much much more hands-on approach to esports than Blizz ever did.

How is it not their business?

In regular sports if a team is not paying staff, is insolvent or whatever then the league tends to sanction them.

Well, the comparison between traditional sports and esports really breaks down here.

There isnt a federation of SC2 like NBA or NFL or FIFA where you have to be a member to compete, and u agree to play by their rules

Legally speaking, Blizz has 0 business in sanctioning or even calling out Mkers or any other team.
As a gesture towards the community they could issue a public statement, but only in a PR sense would that have any bearings.
There isnt a Blizzard teamleauge from where Mkers could get banned
"Protoss is a joke" Liquid`Jinro Okt.1. 2011
CrymeaTerran
Profile Joined May 2017
149 Posts
Last Edited: 2019-12-19 10:14:00
December 19 2019 10:13 GMT
#191
i know where he lives <_< , i can get the job done bois, ez 2 weeks isolation in his basement, low on food and water, no sunlight, aight he will be a broken guy for the next few years or 4 ever.

pm me
Sziky = Love
WombaT
Profile Blog Joined May 2010
Northern Ireland27478 Posts
December 19 2019 10:16 GMT
#192
On December 19 2019 16:41 Geo.Rion wrote:
Show nested quote +
On December 18 2019 10:12 Wombat_NI wrote:
On December 16 2019 15:29 Geo.Rion wrote:
On December 16 2019 12:28 Jealous wrote:
On December 16 2019 12:23 Wombat_NI wrote:
On December 16 2019 12:19 Jealous wrote:
On December 16 2019 12:18 Wombat_NI wrote:
On December 16 2019 12:14 Jealous wrote:
On December 16 2019 11:09 Wombat_NI wrote:
On December 16 2019 10:59 Jealous wrote:
[quote]
Calm down fam.

Well, assuming Nerchio is being truthful and that Mkers haven’t reformed (which seems unlikely giving their response), they kind of are.

Not everyone is in a position to do so of course, but if an employer is fucking over employees they’re fucking over employees.

That kind of worker solidarity is increasingly the preserve of the wealthy though, who can afford to make a stand.

And again with the provision ‘if’ here

If other players are getting paid out and Nerchio is not, then it's not on them to throw away their earning potential for a cause that we ALL have a limited amount of information about.

Which is how employers fuck people over.

As I said, it’s a matter of if it’s actually the case.


Ok, I added an edit but I agree with you given this summary.

And I agree with your edited post, solidarity is nice in theory but you can’t expect people to throw away their livelihood for it.

Hence the need for regulatory action if possible. In this case it’s not overly complicated given it’s Blizzard’s show with relatively few third parties nowadays, you want your team to have players in WCS then have your shit in order.

Sadly I don't think Blizzard cares or even has the a real reason to care nowadays. Basically "ded game" meme but in real life.

Even if it was a much bigger game, Blizz has no business weighing in on issues such as this.
Similar problems have happened in the past, including in SC, and in other games, such as the undisputed nr 1 esport (money-wise) Dota2. I have to look up the story, but basically, Valve couldnt get involved, even though they always had a much much much more hands-on approach to esports than Blizz ever did.

How is it not their business?

In regular sports if a team is not paying staff, is insolvent or whatever then the league tends to sanction them.

Well, the comparison between traditional sports and esports really breaks down here.

There isnt a federation of SC2 like NBA or NFL or FIFA where you have to be a member to compete, and u agree to play by their rules

Legally speaking, Blizz has 0 business in sanctioning or even calling out Mkers or any other team.
As a gesture towards the community they could issue a public statement, but only in a PR sense would that have any bearings.
There isnt a Blizzard teamleauge from where Mkers could get banned

They can ban a Hearthstone player and two casters on a very vague rule about bringing Blizz into disrepute, they can’t legally ban a team who don’t pay their players?

(If) they haven’t honoured agreements then why would you let them publicise their brand on the WCS circuit until they’re resolved? Totally within Blizz’s wheelhouse
'You'll always be the cuddly marsupial of my heart, despite the inherent flaws of your ancestry' - Squat
TL+ Member
Dracover
Profile Joined October 2010
Australia177 Posts
Last Edited: 2019-12-19 22:25:44
December 19 2019 22:24 GMT
#193
On December 19 2019 19:16 Wombat_NI wrote:
They can ban a Hearthstone player and two casters on a very vague rule about bringing Blizz into disrepute, they can’t legally ban a team who don’t pay their players?

(If) they haven’t honoured agreements then why would you let them publicise their brand on the WCS circuit until they’re resolved? Totally within Blizz’s wheelhouse


Caster they can ban because they are contracted by Blizz.
You can ban a player from competing in your competition.

Do you want blizzard to ban MK from WCS circuit so non of their other players who have nothing to do with this can't play?

Also you are basing this with no knowledge of the actual agreement. If it's so clear cut and it's already public, then Nerchio should share the contract and lets all have a look.

Don't stop
Shuffleblade
Profile Joined February 2012
Sweden1903 Posts
Last Edited: 2019-12-19 23:20:10
December 19 2019 23:17 GMT
#194
On December 20 2019 07:24 Dracover wrote:
Show nested quote +
On December 19 2019 19:16 Wombat_NI wrote:
They can ban a Hearthstone player and two casters on a very vague rule about bringing Blizz into disrepute, they can’t legally ban a team who don’t pay their players?

(If) they haven’t honoured agreements then why would you let them publicise their brand on the WCS circuit until they’re resolved? Totally within Blizz’s wheelhouse


Caster they can ban because they are contracted by Blizz.
You can ban a player from competing in your competition.

Do you want blizzard to ban MK from WCS circuit so non of their other players who have nothing to do with this can't play?

Also you are basing this with no knowledge of the actual agreement. If it's so clear cut and it's already public, then Nerchio should share the contract and lets all have a look.


You make it sounds like Nerchio brought up a problem and MK answered and denied the allegations. When in actual fact they did not, if we had to sides claiming they are in the right here then you would be correct but it is not the case.

Nerchio brought the problem up publicly and MK said "Don't talk about this in public plix", look they never denied any of the allegations which in this context pretty much translates into -> its true.

If its not true Nerchio is looking at defamation depending on how the law works in his country.
1) I doubt Nerchio is stupid enough to slander his employer and open himself up to legal actions (also for what reason would he do this)
2) If Nerchio was slandering MK with little to no basis they would deny allegations outright, not doing so hurts the reputation of the organisation. There is 0 reason not to deny them if they are not true


In regards to Blizzard banning teams that doesn't make sense at all, it all depends how the organisation is structured. In sc2 its less of a league and more like personal sponsorship, in the case of sponsorship there is no way to punish a player because of a sponsor it just doesn't make any sense. Banning Showtime from all wcs just because he is on MK is fair how? That is a very stupid idea if you ask me.

Edit: After further consideration I guess Blizz could ban the MK brand. You know make MK players cover up all the symbols on their uniform/gear and remove the tag from their users in game. Just like some tournaments have done before
Maru, Bomber, TY, Dear, Classic, DeParture and Rogue!
Dracover
Profile Joined October 2010
Australia177 Posts
December 19 2019 23:37 GMT
#195
On December 20 2019 08:17 Shuffleblade wrote:
You make it sounds like Nerchio brought up a problem and MK answered and denied the allegations. When in actual fact they did not, if we had to sides claiming they are in the right here then you would be correct but it is not the case.

Nerchio brought the problem up publicly and MK said "Don't talk about this in public plix", look they never denied any of the allegations which in this context pretty much translates into -> its true.

If its not true Nerchio is looking at defamation depending on how the law works in his country.
1) I doubt Nerchio is stupid enough to slander his employer and open himself up to legal actions (also for what reason would he do this)
2) If Nerchio was slandering MK with little to no basis they would deny allegations outright, not doing so hurts the reputation of the organisation. There is 0 reason not to deny them if they are not true



Agree MK didn't say they don't owe him money. You're missing the point where they are saying they have not been given the proper invoicing. Like I said before, no idea what their contract says. Nerchio want to be reimbursed for expenses, so is he expected to provide tax invoices to verify the costs or does he just get given a budget and can spend on whatever? Has he provided them or is cost in excess of what is allowable? I know if I went to my employer and said "I spent $10,00 on work stuff the other day, pay me" they would give me the finger without more formal documentation. But maybe his contract just says he has a budget and can spend it on anything, or maybe he must get costs agreed before he can spend it. Who know we don't know what the contract says.

To me it sounds like Nerchio took it upon himself to go to this tournament and incurred a lot of costs. We have no idea if that's permissible under their contract or if it is what conditions are attached. I'm assuming here (but I think it's pretty safe) that player contracts don't say oh you can fly to any tournament you want and we will pay regardless of the costs.





In regards to Blizzard banning teams that doesn't make sense at all, it all depends how the organisation is structured. In sc2 its less of a league and more like personal sponsorship, in the case of sponsorship there is no way to punish a player because of a sponsor it just doesn't make any sense. Banning Showtime from all wcs just because he is on MK is fair how? That is a very stupid idea if you ask me.

Edit: After further consideration I guess Blizz could ban the MK brand. You know make MK players cover up all the symbols on their uniform/gear and remove the tag from their users in game. Just like some tournaments have done before


Agree again. But that's the whole point, blizzard can't really do anything about it. This is assuming MK has even done anything illegal (as above we don't know what Nerchio's contract says).
Don't stop
WombaT
Profile Blog Joined May 2010
Northern Ireland27478 Posts
December 19 2019 23:45 GMT
#196
On December 20 2019 07:24 Dracover wrote:
Show nested quote +
On December 19 2019 19:16 Wombat_NI wrote:
They can ban a Hearthstone player and two casters on a very vague rule about bringing Blizz into disrepute, they can’t legally ban a team who don’t pay their players?

(If) they haven’t honoured agreements then why would you let them publicise their brand on the WCS circuit until they’re resolved? Totally within Blizz’s wheelhouse


Caster they can ban because they are contracted by Blizz.
You can ban a player from competing in your competition.

Do you want blizzard to ban MK from WCS circuit so non of their other players who have nothing to do with this can't play?

Also you are basing this with no knowledge of the actual agreement. If it's so clear cut and it's already public, then Nerchio should share the contract and lets all have a look.


No, if Mkers are dicking around Blizz should ban the team from WCS. Not the players, as I’ve said before in this thread.

So you get Showtime playing in WCS not ‘Mkers Showtime’ or whatever.

Why should Nerchio share a contract publicly, leave him open to potential legal action if there’s any sort of confidentiality clauses etc?

This is how the real world works, if you’re a cowboy operation fucking around, as many eSports orgs in the past have done, and there’s a central organiser who funds most of the tournaments you get exposure at, just ban them.

Blizzard basically run Starcraft eSports as a goodwill/PR effort it’s entirely within their remit to jump in if something is affecting that.

And as I’ve said multiple times here also, this is assuming Nerchio is in the right here. He may not be, so that should be ascertained.
'You'll always be the cuddly marsupial of my heart, despite the inherent flaws of your ancestry' - Squat
TL+ Member
Shuffleblade
Profile Joined February 2012
Sweden1903 Posts
Last Edited: 2019-12-20 00:03:06
December 20 2019 00:02 GMT
#197
On December 20 2019 08:37 Dracover wrote:
Show nested quote +
On December 20 2019 08:17 Shuffleblade wrote:
You make it sounds like Nerchio brought up a problem and MK answered and denied the allegations. When in actual fact they did not, if we had to sides claiming they are in the right here then you would be correct but it is not the case.

Nerchio brought the problem up publicly and MK said "Don't talk about this in public plix", look they never denied any of the allegations which in this context pretty much translates into -> its true.

If its not true Nerchio is looking at defamation depending on how the law works in his country.
1) I doubt Nerchio is stupid enough to slander his employer and open himself up to legal actions (also for what reason would he do this)
2) If Nerchio was slandering MK with little to no basis they would deny allegations outright, not doing so hurts the reputation of the organisation. There is 0 reason not to deny them if they are not true



Agree MK didn't say they don't owe him money. You're missing the point where they are saying they have not been given the proper invoicing. Like I said before, no idea what their contract says. Nerchio want to be reimbursed for expenses, so is he expected to provide tax invoices to verify the costs or does he just get given a budget and can spend on whatever? Has he provided them or is cost in excess of what is allowable? I know if I went to my employer and said "I spent $10,00 on work stuff the other day, pay me" they would give me the finger without more formal documentation. But maybe his contract just says he has a budget and can spend it on anything, or maybe he must get costs agreed before he can spend it. Who know we don't know what the contract says.

To me it sounds like Nerchio took it upon himself to go to this tournament and incurred a lot of costs. We have no idea if that's permissible under their contract or if it is what conditions are attached. I'm assuming here (but I think it's pretty safe) that player contracts don't say oh you can fly to any tournament you want and we will pay regardless of the costs.

.

You comparison to a work place would be fair if you in the example tried to get in contact with your boss for weeks by all means necessary before taking on any costs but received no answer until you needed to pay to be able to do your job.

Sounds a bit unreasonable if the contract says "costs must be cleared by us" and then the team never clear any costs because they never respond. Nerchio is clear that he sought contact far in advance but got no answer until it was time to pay or dropout.

You make it sound like tournaments is some kind of pasttime for pro games, playing sc2 is his job it could very well be he would get into trouble with MK if didn't go and promote the brand.

Anyway you read it Nerchio writes he asked well in advance, got to answer inspite of an open well known deadline loomed which forced his hand.

So they don't deny they ignored Nerchio for months? They don't deny they haven't paid him but writes "maybe we didn't get an invoice", how is Nerchio supposed to know to send an invoice if he is being ignored by the organization.

Of course we only know one side here but seeing as MK doesn't deny any of it makes it very unlikely they have done what is expected of them, as I posted earlier they would deny the allegations if untrue.
Maru, Bomber, TY, Dear, Classic, DeParture and Rogue!
Dracover
Profile Joined October 2010
Australia177 Posts
December 20 2019 00:23 GMT
#198
On December 20 2019 09:02 Shuffleblade wrote:
You comparison to a work place would be fair if you in the example tried to get in contact with your boss for weeks by all means necessary before taking on any costs but received no answer until you needed to pay to be able to do your job.


The correct response in the work place if you don't get the ok from your boss is to not do whatever it is you think needs to be done. E.g. you need to go to another worksite/state/country for your work. You boss has not given you the ok even though you think it's absolute necessary. You don't do whatever it is. It is not ok to decide on your own to just do it and expect the company to pay you after the fact.


Sounds a bit unreasonable if the contract says "costs must be cleared by us" and then the team never clear any costs because they never respond. Nerchio is clear that he sought contact far in advance but got no answer until it was time to pay or dropout.



Yes it's unreasonable and poor management. But the correct response is not go. Claim contract violation by MK and find a new team. Similarly if this happened in a normal workplace, you don't do whatever it is you wanted to do and go get another job.



You make it sound like tournaments is some kind of pasttime for pro games, playing sc2 is his job it could very well be he would get into trouble with MK if didn't go and promote the brand.

Anyway you read it Nerchio writes he asked well in advance, got to answer inspite of an open well known deadline loomed which forced his hand.



Yes just because he asked in advance doesn't mean MK has to say yes. Again we don't have the contract so we don't know what MK must do or can refuse to do. By this logic any employee can chose to spend any money they think fits, and as long as they warn the company beforehand they can claim any money back that they want.


So they don't deny they ignored Nerchio for months? They don't deny they haven't paid him but writes "maybe we didn't get an invoice", how is Nerchio supposed to know to send an invoice if he is being ignored by the organization.

Of course we only know one side here but seeing as MK doesn't deny any of it makes it very unlikely they have done what is expected of them, as I posted earlier they would deny the allegations if untrue.


Providing invoices for work related expenses is a pretty normal part of work. Ignorance is not a defence.

To be perfectly, honest what I suspect has happened is that MK for some reason had a window of very poor management. Either people were busy, they were understaffed or something but didn't get their management shit together, but had not done anything that technically breached their contract.

Nerchio probably had a lot to complain about but took it upon himself to do what he felt was morally the right thing to do however in doing so didn't comply fully with their contract.
Don't stop
Dracover
Profile Joined October 2010
Australia177 Posts
December 20 2019 00:29 GMT
#199
On December 20 2019 08:45 Wombat_NI wrote:
No, if Mkers are dicking around Blizz should ban the team from WCS. Not the players, as I’ve said before in this thread.

So you get Showtime playing in WCS not ‘Mkers Showtime’ or whatever.



And how is showtime going to pay for the trips without a sponsor or I assume his contract with MKers would say if he plays publicly he will need to player as MKers showtime. How will he comply with that and the Blizz ban, if blizz was to ban. Practically not possible.



Why should Nerchio share a contract publicly, leave him open to potential legal action if there’s any sort of confidentiality clauses etc?



He doesn't have to. But his also asking the public to just believe his story. Atm it's just he says she says. Him claiming XYZ. MKers claiming ABC.



This is how the real world works, if you’re a cowboy operation fucking around, as many eSports orgs in the past have done, and there’s a central organiser who funds most of the tournaments you get exposure at, just ban them.

Blizzard basically run Starcraft eSports as a goodwill/PR effort it’s entirely within their remit to jump in if something is affecting that.

And as I’ve said multiple times here also, this is assuming Nerchio is in the right here. He may not be, so that should be ascertained.


I think you're last point is the most important. Problem is we don't know if Nerchio is in the right. Calling on Blizz to ban anyone when we have no idea who is in the right or wrong is ridiculous.

Also NO the real world doesn't care if you're a cowboy or not. Plenty of cowboys make lots of money and are successful in their field. The real world works on the law. Has MK actually broken a policy/contract/law etc. Unless they have Blizz has no right to ban them from anything.

Don't stop
WombaT
Profile Blog Joined May 2010
Northern Ireland27478 Posts
December 20 2019 00:40 GMT
#200
On December 20 2019 09:29 Dracover wrote:
Show nested quote +
On December 20 2019 08:45 Wombat_NI wrote:
No, if Mkers are dicking around Blizz should ban the team from WCS. Not the players, as I’ve said before in this thread.

So you get Showtime playing in WCS not ‘Mkers Showtime’ or whatever.



And how is showtime going to pay for the trips without a sponsor or I assume his contract with MKers would say if he plays publicly he will need to player as MKers showtime. How will he comply with that and the Blizz ban, if blizz was to ban. Practically not possible.

Show nested quote +


Why should Nerchio share a contract publicly, leave him open to potential legal action if there’s any sort of confidentiality clauses etc?



He doesn't have to. But his also asking the public to just believe his story. Atm it's just he says she says. Him claiming XYZ. MKers claiming ABC.

Show nested quote +


This is how the real world works, if you’re a cowboy operation fucking around, as many eSports orgs in the past have done, and there’s a central organiser who funds most of the tournaments you get exposure at, just ban them.

Blizzard basically run Starcraft eSports as a goodwill/PR effort it’s entirely within their remit to jump in if something is affecting that.

And as I’ve said multiple times here also, this is assuming Nerchio is in the right here. He may not be, so that should be ascertained.


I think you're last point is the most important. Problem is we don't know if Nerchio is in the right. Calling on Blizz to ban anyone when we have no idea who is in the right or wrong is ridiculous.

Also NO the real world doesn't care if you're a cowboy or not. Plenty of cowboys make lots of money and are successful in their field. The real world works on the law. Has MK actually broken a policy/contract/law etc. Unless they have Blizz has no right to ban them from anything.


I’m not really calling for that at all.

Blizzard run the show, Blizzard have lawyers

If Nerchio is talking shit then, no action. Indeed if Nerchio is being irresponsible and wrong in this domain, and Mkers are completely blameless, ban him for impugning their reputation.

I’m questioning the idea that Blizzard don’t have the remit in this domain
'You'll always be the cuddly marsupial of my heart, despite the inherent flaws of your ancestry' - Squat
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