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[T] KFTC Says Blizzard Must Change B.net Terms

Forum Index > News 1 2 3 4 5 6 7 8 9 All
  l10f  *   United States. June 21 2010 16:18. Posts 3190Profile Blog # 
Korean Fair Trade Commission (Chairman Jung Ho Yeol) said that Blizzard Entertainment needs to change or remove 17 parts of their terms/end user agreement for Battle.net use.

The commission said on the 18th that Blizzard needed to change or remove 17 unfair sections of their Battle.net terms regarding user contents right and others.

The commission said "Blizzard's battle.net terms and agreements exclude the duties that the producer (Blizzard) must address, while being unfair to their users and even violating their rights, making them invalid."

They added, "The game user does not have enough technical knowledge about the game compared to the producer, so there is often unfair agreements for the users. Nowadays, users don't stop at simply using the game, but they create new contents using the game, so the rights to user created contents become the main point when dealing with these user agreements."

"We hope with this decision, there will be less damage done to the users due to unfair trade between the game producers and the users in the games to come. Especially we hope that the users rights to their created content will be guaranteed by the terms and agreements."

The following is the main points that the commission saw to be unfair.

▶ Exclusion of the rights of the users to their own created content
ㅇBlizzard's terms state that all of the user created contents and their rights belong to Blizzard Entertainment
*User created content is defined as the contents in and outside the game created by the users themselves.
*Contents of the game created by users
- Decided by whether the content is made of aspects in the game. Example) A replay, UMS map. These are made with the images and music in the game, so they are considered contents of the game.
*Contents out of the game created by users
- These are separated from the game itself and include such things posted on the forums.
⇒ Change the terms so that the producer can only use the contents of the game created by users (see above) for promotion and providing service to thse users. Change the terms so that the contents outside of the game belongs only to the users.
◆ The reason for this change
ㅇAccording to copyright laws, the copyright belongs to the person who creates the content.
- If the creativity of a content created by a user is accepted by the copyright laws, it must of course belong to the user. Especially those not specifically integrated into the game should belong to the user that creates it. Those contents that are integrated with the game itself can either be considered creative by the copyright laws or not, so the owner may be the user or the producer of the game, depending on the content. The game itself of course belongs to the producer but the ownership of the user created contents integrated within the game differs for each content.
* Copyright belongs to the user that created the content if the creator's ideas and sentiments are expressed in a creative way. Therefore, the original terms and agreements break the copyright laws since it gives all the rights of the user created content to the producer, when in fact it may belong to the user.

▶ Exclusion of the rights of the users to their account
ㅇBlizzard's terms state that all of the accounts and items of the users belong to Blizzard Entertainment.
* Definition of account: a game account that contains the user's ID, character, and other information that would prevent the user from playing if it becomes banned or removed.
* Definition of item: A thing used by a user's online character.
⇒ Change so it clearly states the users' rights to be able to use their account and item. This way, if an account is stolen or lost, they can receive legal assistance or assistance from the producer.
◆ Reason
ㅇThe user agreement is a game user agreement so it must state the user's rights to use their account and contents. Right now it only states that the accounts and contents only belong to the producer. Like this, the user cannot receive assistance if their accounts or contents get unjustly denied. So, the producer may ignore the users' complaints regarding their accounts saying that they had no rights to them from the beginning. Therefore, the current terms are invalid because it excludes the users' rights to being able to use their accounts and contents.

▶ Unfair termination of service
ㅇBlizzard states that they can remove the service for whatever reason as long as they send a notification regarding the reasons for removal of service.
⇒ Change it so that the users are notified well beforehand, and a reasonable refund is given for the discontinuation of service.
◆ Reason
ㅇTermination of service is same as termination of contract so the reasons must be limited, and the users must be notified beforehand. Also, the producer has the duty to give a refund for the remainder of the service. Therefore, the current terms that state that the service may be removed at any time for any reason is unfair, and the terms are invalid.

▶ Exclusion of the duties of the producer
ㅇ Blizzard states that they are not responsible for any loss or damage caused by the game.
⇒ Change so that they are only excluded from taking the responsibility when the damage was not purposely caused.
◆ Reason
ㅇ The producer is required to compensate for damages related to the security of the information, the stability of the server, and the stability of the game program if they are responsible for causing the incident. Also, the producer is responsible if the game is unable to be used, unless caused by the gamer's misuse or client sided issues. The current terms that don't include the legal responsibilities of the producers, therefore putting the responsibilities to the users, makes the terms invalid.

Blizzard has since changed their terms and agreements for Battle.net on the 17th according the commission's opinions.

+ Show Spoiler [Original Article] +

Source: Fomos.kr

T/N: I used the words "agreements" and "terms" interchangeably. Also, translating at 2AM was tough, especially for such a tough article with a lot of difficult vocab so I'm sorry if it doesn't 100% make sense.


On June 21 2010 16:24 l10f wrote:

Show nested quote +



Strange, maybe FOMOS is wrong?


Show nested quote +



unless I horribly misinterpreted that last line.


I just checked http://kr.blizzard.com/ko-kr/company/about/termsofuse.html , and all the changes are there. (the ones mentioned in the article at least, anyway)

I'm really off now, goodnight.
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Last edit: 2010-06-21 16:32:55
HELLO!
Old Post

  Lightwip   United States. June 21 2010 16:07. Posts 5497Profile Blog # 
Thanks for the translation.
I wonder how this will affect copyright agreements for the starleagues.
Edit; the 18th is my birthday. What an awesome present.
Last edit: 2010-06-21 16:11:46
If you are not Bisu, chances are I hate you.
Old Post

 
 Mindcrime   United States. June 21 2010 16:10. Posts 5939
Profile # 
KFTC fighting~
That wasn't any act of God. That was an act of pure human fuckery.
Old Post

 
 machinus   United States. June 21 2010 16:11. Posts 148
Profile # 
Blizzard isn't going to change their TOS for Korea. KFTC is just going to have to live with it.

User was temp banned for this post.
Old Post

 
 Jackle   Canada. June 21 2010 16:14. Posts 806
Profile # 

On June 21 2010 16:11 machinus wrote:
Blizzard isn't going to change their TOS for Korea. KFTC is just going to have to live with it.



Microsoft Decision

On December 7, 2005, the KFTC reached the decision to order Microsoft Corporation and Microsoft Korea, inter alia, to unbundle certain tied products, including Windows Media Player and MSN Messenger, and to impose surcharges amounting to 33 billion won (31 million US dollars) for violation of the Monopoly Regulation and Fair Trade Act (MRFTA), including the abuse of market dominant position provision. On October 16th, 2007, the Associated Press reported that Microsoft has stopped appealing the December 2005 decision and has withdrawn the appeal.


If they could crack Microsoft, Blizzard will be a breeze.
You called down the thunder, now reap the whirlwind.
Old Post

 
 Mindcrime   United States. June 21 2010 16:15. Posts 5939
Profile # 

On June 21 2010 16:11 machinus wrote:
Blizzard isn't going to change their TOS for Korea. KFTC is just going to have to live with it.


1. lol?
2.

Blizzard has since changed their terms and agreements for Battle.net on the 17th according the commission's opinions.
That wasn't any act of God. That was an act of pure human fuckery.
Old Post

 
 J1.au   Australia. June 21 2010 16:16. Posts 3533
Profile Blog # 

On June 21 2010 16:11 machinus wrote:
Blizzard isn't going to change their TOS for Korea. KFTC is just going to have to live with it.

Did you even read the article?

EDIT: Too slow!
Last edit: 2010-06-21 16:16:42
Old Post

  Waxangel   United States. June 21 2010 16:18. Posts 19111Profile Blog # 
I looked at the TOS, and without an older version of the TOS to look at, I really don't see how any of it has changed to meet the requirements of the FTC. It still says blizzard reserves the sole rights to create derivative works, and most if it is pretty much word to word with the USA TOS, except a little part expressly forbidding the operation of game tournaments without consent.
Hey HP can you redo everything youve ever done because i have a small complaint?
Old Post

 
 Melancholia   United States. June 21 2010 16:21. Posts 705
Profile # 
I am...surprised they changed them. Perhaps there is hope after all. I hope this means that they will change them outside of Korea as well, though I doubt it. Allowing users rights to content that they imagine and create? Madness! ASSUMING DIRECT CONTROL.
Old Post

 
 Go0g3n   Russian Federation. June 21 2010 16:22. Posts 375
Profile Blog # 
Guess what, a 3rd party Lan Mode is now legal in Korea.
Old Post

  l10f  *   United States. June 21 2010 16:24. Posts 3190Profile Blog # 

On June 21 2010 16:18 Waxangel wrote:
I looked at the TOS, and without an older version of the TOS to look at, I really don't see how any of it has changed to meet the requirements of the FTC. It still says blizzard reserves the sole rights to create derivative works, and most if it is pretty much word to word with the USA TOS, except a little part expressly forbidding the operation of game tournaments without consent.


Strange, maybe FOMOS is wrong?


한편 블리자드는 공정위에서 제시한 의견을 수용해 지난 10일 배틀넷 '이용약관 및 개인정보취급방침 개정안내'를 공지하고 6월 17일자로 약관을 수정했다.


unless I horribly misinterpreted that last line.
HELLO!
Old Post

 
 Kennigit  *   Canada. June 21 2010 16:24. Posts 19171
Profile Blog # 
Did it say anything about derivative products such as esports productions etc?
Please don't PM me if i closed your thread.
Old Post

  l10f  *   United States. June 21 2010 16:27. Posts 3190Profile Blog # 

On June 21 2010 16:24 Kennigit wrote:
Did it say anything about derivative products such as esports productions etc?


No, at least not on that fomos article.
HELLO!
Old Post

 
 zappa372   Chile. June 21 2010 16:28. Posts 365
Profile Blog # 
Wow, i never read tos, but this looks pretty scary. Hope it gets fixed.

Thanks for the article, this is useful information.
EE HAN TIMING!
Old Post

  l10f  *   United States. June 21 2010 16:30. Posts 3190Profile Blog # 

On June 21 2010 16:24 l10f wrote:

Show nested quote +



Strange, maybe FOMOS is wrong?


Show nested quote +



unless I horribly misinterpreted that last line.


I just checked http://kr.blizzard.com/ko-kr/company/about/termsofuse.html , and all the changes are there. (the ones mentioned in the article)

I'm really off now, goodnight.
Last edit: 2010-06-21 16:31:46
HELLO!
Old Post

 
 HunterX11   United States. June 21 2010 16:38. Posts 855
Profile # 
I sure wish the FTC in the U.S. made companies change ridiculous Terms of Use.
Try using both Irradiate and Defensive Matrix on an Overlord. It looks pretty neat.
Old Post

  Waxangel   United States. June 21 2010 16:51. Posts 19111Profile Blog # 

On June 21 2010 16:30 l10f wrote:

Show nested quote +



I just checked http://kr.blizzard.com/ko-kr/company/about/termsofuse.html , and all the changes are there. (the ones mentioned in the article)

I'm really off now, goodnight.


Ah ok, I saw the thing, section 15.iv

+ Show Spoiler +

It's so ambiguous though as to what it means, since they are putting up "forum posts" as an example of user created content that's not created wholly within the game. Does that mean what I think it does: that Blizzard previously had the right profit off anything you had written about their games in a forum (and still can outside Korea?).

In any case, it doesn't really help this BW league situation at all, since section 2-iii forbids game leagues without consent, and 8-i still says they reserve the right to all derivative works.... Although, now I'm confused as to what the legal difference between "user created content" and "derivative work" is.
Hey HP can you redo everything youve ever done because i have a small complaint?
Old Post

 
 Zlasher   United States. June 21 2010 17:01. Posts 8319
Profile Blog # 
That's a bold move towards players rights, but that literally opens the doors to KeSPA winning all their arguments under the court of law, there is NO WAY blizzard agrees to removing all this.

User was temp banned for this post.
Follow me: www.twitter.com/zlasher
Old Post

  Waxangel   United States. June 21 2010 17:05. Posts 19111Profile Blog # 

On June 21 2010 17:01 ZlaSHeR wrote:
That's a bold move towards players rights, but that literally opens the doors to KeSPA winning all their arguments under the court of law, there is NO WAY blizzard agrees to removing all this.


dude.... a guy just got banned for posting what you just posted -.-
Hey HP can you redo everything youve ever done because i have a small complaint?
Old Post

 
 sCCrooked   Korea (South). June 21 2010 17:05. Posts 1068
Profile Blog # 

On June 21 2010 17:01 ZlaSHeR wrote:
That's a bold move towards players rights, but that literally opens the doors to KeSPA winning all their arguments under the court of law, there is NO WAY blizzard agrees to removing all this.


HE JUST WROTE:
I just checked http://kr.blizzard.com/ko-kr/company/about/termsofuse.html , and all the changes are there. (the ones mentioned in the article at least, anyway)


Seriously someone just said that like 10 posts up and was promptly corrected. They already not only accepted them, but made them.
Follow the yellow brick road and you'll find whoever is f*cking with you.
Old Post

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