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5003 Posts
Brief Summary of what happened in the first court session
- MBC Game requested that Blizzard post a collateral [1]
- MBC also requested that the case be classified a bit more specific than Blizzard's case for simple IP rights violation, and the judges also requested that Blizzard submit any precedent cases regarding IP rights violations in America that is related
- MBC and OGN will be defended together in this case
- The judge asked "isn't this something that should end via negotiation". Blizzard Lawyer responded "Yes", and the MBC lawyer responded that they would prefer a decision -- because this is the first case regarding game IP rights, they would like to figure out the legal boundaries of how much of the game they an use.
- Blizzard is suing MBC for 350,000,000 won.
Second session took place today on the 28th. Some notes.
- MBC Game responded to the prosecution's IP right violation argument with various arguments that claimed what they were doing was lawful. They also requested the original contract between Gretech and Blizzard [2] questioning Gretech's authority to form contracts.
- The key point of the trial was related to who the damages would be paid to, the duration of the damages, and the compensation. This is because even though Gretech only got a license on May, Blizzard and Gretech both requested compensation from damages. In response, the Judges ordered that the damages be split between the prosecuting parties [3], and that they recalculate the amount requested and the duration of the damages and then resubmit the damages.
- The judge also ordered the prosecution to prove the fact that defendants had violated IP rights.
- The defendants also pointed out that the English contracts between Gretech and Blizzard included an article about a transition from Starcraft to Starcraft 2 [4], and requested that the prosecution explain themselves, as it strange for Blizzard to claim rights to a BW, as Blizzard had no intentions to hold Brood War tournaments. The judges also ordered that this happen, and Blizzard lawyers answered "They cannot address that in the middle of the lawsuit"
- Third trial will take place on March 18th.
Translation Notes
[1] apparently MBC is allowed to request this in the case where the opposing party is foreign -- basically, if MBC wins the case, Blizzard will have to compensate MBC for the law fees
[2] Blizzard is implied, not 100% sure
[3] I'm thinking there's an error here -- since it refers to prosecution, so it would relate to Gretech/Blizzard, but the article claims MBC/OGN.
[4] "Transition to StarCraft II: Wings of Liberty :
Organizer will use its best efforts to make smooth transition from Starcraft I to Starcraft II: Wings of Liberty and its expansions("Starcraft2") and to make smooth transition of professional players from Starcraft 1 to Starcraft 2 from the time Starcraft 2 becoms available for play." was the original English on that article
Sources: http://www.thisisgame.com/board/view.php?category=13438&id=581185
http://www.thisisgame.com/board/view.php?id=546149&category=102
http://esports.dailygame.co.kr/news/read.php?id=39412
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United States7481 Posts
Thanks for translating, saw this over on thisisgame earlier. It seems like there's been delay after delay but the judge certainly is interested in getting all the facts, so regardless of people agreeing or disagreeing with the eventual decision, it will at least be a fully informed one.
I'm sure I'm not alone in just wishing it would all be over already ;_;
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On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.
That's pretty hilarious.
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Wow, didn't expect they would actually put the transition from BW to SC2 in writing. I just expected them to apply pressure in an unofficial capacity.
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On January 28 2011 15:34 aru wrote:Show nested quote +On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen. That's pretty hilarious.
Wait, I don't get it, so what if Blizzard wins MBC has to transition to SC2? Or that the terms offered by Blizzard included a transition to SC2?
Edit: Also, thanks Milkis for translating, seems that you have news every time I visit the local Korean mart lol.
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Thanks a lot! Have you read or know anything about whats the expected duration of the trial?
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That word 'damages'...
Blizzard sued them for so much.
What will it change to?
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United States33388 Posts
ohhh they're actually suing them for damages, I just thought they were filing an injunction to prevent them from broadcasting 
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ALLEYCAT BLUES50121 Posts
On January 28 2011 15:38 IntoTheEmo wrote:Show nested quote +On January 28 2011 15:34 aru wrote:On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen. That's pretty hilarious. Wait, I don't get it, so what if Blizzard wins MBC has to transition to SC2? Or that the terms offered by Blizzard included a transition to SC2? Edit: Also, thanks Milkis for translating, seems that you have news every time I visit the local Korean mart lol.
I didn't get it either....Anyways thanks milkis I was looking forward to this and expected this to happen.
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I think Blizzard will be pretty f*cked. The world will see the mess that is Star2 and go back to the best e-sports of all time =)
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lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.
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On January 28 2011 15:42 Waxangel wrote:ohhh they're actually suing them for damages, I just thought they were filing an injunction to prevent them from broadcasting
that changes a lot of things. i wasn't aware of this either.
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On January 28 2011 15:46 Seraphic wrote:
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.
Don't you step over the boundaries of what is actually known about the contract. It only says that there was a passage mentioning it, not how it was mentioned and which contract they were talking about (i.e. the one between Blizzard and Gretech or future ones involving OGN and MBC). Please be reasonable.
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United States7481 Posts
Yeah the switching to sc2 thing is pretty ridiculous, I would be shocked if that is left intact in the judge's ruling. In my mind the most likely outcome is a fine for ogn/mbc and the requirement that they pay a seasonal fee to gretech/blizzard (neither as much money as blizzard would want), but are still allowed to cast sc1.
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ALLEYCAT BLUES50121 Posts
On January 28 2011 15:46 Seraphic wrote:
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break.
HEY HEY!!!!!RELAX!!!!!
there seems to be some confusion even in the translation.(no i'm not rapping it just sounds that way :D)
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The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen.
so there goes the argument that Blizzard just wants their IP rights recognized and isn't out to kill Brood War progaming
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5003 Posts
On January 28 2011 15:48 BLinD-RawR wrote:Show nested quote +On January 28 2011 15:46 Seraphic wrote:
lol...what they are forcing them to go to SC2? You kidding me? I am neutral on this whole part but that part of the article made me laugh. Blizzard has no power, or the rights to force anyone to switch over to Starcraft 2. Don't over step the boundaries Blizzard, give me a f-ing break. HEY HEY!!!!!RELAX!!!!! there seems to be some confusion even in the translation.(no i'm not rapping it just sounds that way :D)
nah, the original isn't very clear either 
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well I mean, the whole, "Transition from Starcraft to Starcraft 2" is clear enough isn't it? lol.
Unless there is an hidden Blizzard message saying, "ha were kidding sorry."
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ALLEYCAT BLUES50121 Posts
but still considering the situation I feel that this lawsuit has become probably the best thing that has ever happened to this negotiation.
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Philadelphia, PA10406 Posts
On January 28 2011 15:42 Waxangel wrote:ohhh they're actually suing them for damages, I just thought they were filing an injunction to prevent them from broadcasting
Doesn't change the essential fact that someone will win and someone will lose, and what we know about the aftermath of either outcome is essentially the same as fans and consumers.
On January 28 2011 15:34 aru wrote:Show nested quote +On January 28 2011 15:26 Milkis wrote:
- The defendants also pointed out that in the English contracts included an article saying that there be a transition from Starcraft to Starcraft 2, and requested that the prosecution explain themselves. The judges also ordered that this happen. That's pretty hilarious.
It is. ^^
And also pretty sad at the same time.
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EPT
