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 About SMM Cyber Cafe licensing issues

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strace
post Jan 9 2008, 07:18 AM

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QUOTE(edinhoven @ Jan 9 2008, 06:49 AM)
Dear Strace, some good news and bad news. Good news, I have passed the print-out to my cyberjaya fren. Bad news is that he says he need to check with his legal dept colleague to help look into it (for free!) and his fren is on holiday and will only be back next week. Hope to received something next week. Since is free service, we have to be patience. Will keep you posted. I am doing all I could to help out. I hope others also help to check with their legal fren or people who know this stuff for some advise. TQ.

Thanks for the help!

QUOTE

Added on January 9, 2008, 6:55 amStrace, btw, a CC owner fren told me that Hunter asked him to pay RM3k to his personal account to settle the SMM issue. DO u know who is this Huinter fella and why is he asking for RM3k? Is he Sendi's spy or something like that?
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I'm not that sure myself. AFAIK he was a victim of SMM's raid and now the leader to all this anti SMM sentiment issue. He went to all the trouble from pull out a press conference, getting legal advice till getting political aid from MCA Youth. In marketing terms, having bad names spreading all over on newspaper and internet is bad for the business so that cancels out possible connections with SMM. Secondly RM3k is a 1 time payment or monthly? He probably asking for legal advice and protection guarantee fees but I'm uncertain about this part.

This post has been edited by strace: Jan 9 2008, 07:18 AM
edinhoven
post Jan 9 2008, 07:49 AM

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Don't know abt this Huinter. CC fren just say he asked to pay RM3k. My fren has a point when he says Huinter could be SMM proxi giving SMM the publicity they need going to the press and asking SMM to respond and explain in press so SMM get free publicity. My fren, who has just left CC, also say Huinter fella say if we don't pay, he will tell MCA/DBKL not to renew CC license. So, I think Huinter, SMM and the MCA fella are all in the same boat trying to make money evevrywhere. Is all this true? Don't know. This world is full of traps. Don't know whether to go into CC biz n who to believe. I n some fren wants to go into CC biz because we love the games. My brother willing to chip in with some $$ but too many issues with this SMM n then EA n then CS next Microsoft. Next don't know who will come to collect $$$. Strace, we must organize something to settle once n for all with all this money collection company. Eihther we don't pay or pay. But how???
strace
post Jan 9 2008, 08:55 AM

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What SMM got from press is still free bad publicity. Lost an uncontrolled number of cc owner who follow what the MCA guy instruction and stop all SMM payment over a free publicity? I don't think that worths the sacrifice. Why go through all that trouble when they can just put more competitions and advertisements or goyang kaki getting their money as usual without putting crazy stunts like that?
Anyway I'll agree Hunter and the MCA guys are unethical for taking advantage by making profit out of this issue, but doesn't mean they have connections with them. So right now I rather take action than to depend on them based on these exposed documents. It is funny you see in cari forums there so many doubts from cc owners but yet most of them know jackshit about their rights on copyright and so on. Those typical chinaman logic and paranoia must set free. Sometimes its these majority people who give SMM, Hunter or even government(MCA) a free entry to their buttholes.
Usually when you open a new cybercafe, these license agents will look for you automatically so there is nothing much to worry about getting raid. Warning letter always comes first unless its Ops Tulen season. There is no reason to kill sales opportunity by going through all the legal trouble, right?
edinhoven
post Jan 9 2008, 09:18 AM

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QUOTE(strace @ Jan 9 2008, 08:55 AM)
What SMM got from press is still free bad publicity. Lost an uncontrolled number of cc owner who follow what the MCA guy instruction and stop all SMM payment over a free publicity? I don't think that worths the sacrifice. Why go through all that trouble when they can just put more competitions and advertisements or goyang kaki getting their money as usual without putting crazy stunts like that?
Anyway I'll agree Hunter and the MCA guys are unethical for taking advantage by making profit out of this issue, but doesn't mean they have connections with them. So right now I rather take action than to depend on them based on these exposed documents. It is funny you see in cari forums there  so many doubts from cc owners but yet most of them know jackshit about their rights on copyright and so on. Those typical chinaman logic and paranoia must set free. Sometimes its these majority people who give SMM, Hunter or even government(MCA) a free entry to their buttholes.
Usually when you open a new cybercafe, these license agents will look for you automatically so there is nothing much to worry about getting raid. Warning letter always comes first unless its Ops Tulen season. There is no reason to kill sales opportunity by going through all the legal trouble, right?
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Come to think of it, u r right. SMM would not be so stupid to go to the press to sing bad things about themselves. How do these people know when a new CC has started up n for them to come to look for u to pay license agents? Maybe the local govt office informed them or maybe some CC also want to get the new CC in trouble by contacting these money collection company. I think all CC must be united and not back-stab each other. I can't read chinese but going through the cari froum with some english post, sure tell that these people r not as informed as u and the level of discussion u have here. Very good job Strace.


Added on January 9, 2008, 10:51 amJust inquire from Software Boutique (tsb.com.my). They said they don't sell cybercafe license and we cannot buy from them and we must contact the local distributor. I guess they are referring to SMM, right? Anyone got any other distributor like in US or Singapore? Care to share their contact? I doubt by writing to Blizzard. They will probably say the same thing or shit.

This post has been edited by edinhoven: Jan 9 2008, 10:51 AM
mic1981
post Jan 9 2008, 11:54 AM

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Actually, this have to refer to other country also ...

as we know, since I brought the Billzard Ori Copy, and that's is no write down there in the CD Agreement that we cannot put it in the CC. Then we have no right to give SMM the money right. Unless, SMM have the Billazard Authorized and the Warcraft Agreement have write down, only this will be legal right.

If singapore, and other country like Korea and China also not need to do so, then SMM should don't have any right to do so. Lastly. what our minister say, all are bullshit.... They will protect the money only, just like our Sami GOD.
strace
post Jan 9 2008, 12:51 PM

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QUOTE(edinhoven @ Jan 9 2008, 09:18 AM)
Come to think of it, u r right. SMM would not be so stupid to go to the press to sing bad things about themselves. How do these people know when a new CC has started up n for them to come to look for u to pay license agents? Maybe the local govt office informed them or maybe some CC also want to get the new CC in trouble by contacting these money collection company. I think all CC must be united and not back-stab each other. I can't read chinese but going through the cari froum with some english post, sure tell that these people r not as informed as u and the level of discussion u have here. Very good job Strace.


Added on January 9, 2008, 10:51 amJust inquire from Software Boutique (tsb.com.my). They said they don't sell cybercafe license and we cannot buy from them and we must contact the local distributor. I guess they are referring to SMM, right? Anyone got any other distributor like in US or Singapore? Care to share their contact? I doubt by writing to Blizzard. They will probably say the same thing or shit.
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Yes TSB don't sell cybercafe license but we have the right to purchase the games from them. What we need is a purchase receipt, game boxes and a counter-signed copy of cybercafe agreement endorsed by Blizzard USA to proof that the cybercafe is legit to install the games. Take that PC Cock and friends!!! whistling.gif

QUOTE(mic1981 @ Jan 9 2008, 11:54 AM)
Actually, this have to refer to other country also ...

as we know, since I brought the Billzard Ori Copy, and that's is no write down there in the CD Agreement that we cannot put it in the CC. Then we have no right to give SMM the money right. Unless, SMM have the Billazard Authorized and the Warcraft Agreement have write down, only this will be legal right.

If singapore, and other country like Korea and China also not need to do so, then SMM should don't have any right to do so. Lastly. what our minister say, all are bullshit.... They will protect the money only, just like our Sami GOD.
*
Not true, the CD agreement is directed to end users. Cybercafe operators are not end users so they are subjected to different agreement which stated in CD EULA that commercial use of the games requires to sign the commercial exploitation license agreement. The problem is Blizzard will bounce all the problem to local distributor by default, thats where the local distributor starts playing dirty tricks. So what we need is urgent attention from President Mike Morhaime and if possible get everyone to sign the petition. If we can convinced Blizzard stripping off SMM's distributor right by exposing all their evil deeds and the petition to support the move, we might win the battle.

This post has been edited by strace: Jan 9 2008, 12:54 PM
edinhoven
post Jan 9 2008, 01:11 PM

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QUOTE(strace @ Jan 9 2008, 12:51 PM)
Yes TSB don't sell cybercafe license but we have the right to purchase the games from them. What we need is a purchase receipt, game boxes and a counter-signed copy of cybercafe agreement endorsed by Blizzard USA to proof that the cybercafe is legit to install the games. Take that PC Cock and friends!!!  whistling.gif
Not true, the CD agreement is directed to end users. Cybercafe operators are not end users so they are subjected to different agreement which stated in CD EULA that commercial use of the games requires to sign the commercial exploitation license agreement. The problem is Blizzard will bounce all the problem to local distributor by default, thats where the local distributor starts playing dirty tricks. So what we need is urgent attention from President Mike Morhaime and if possible get everyone to sign the petition. If we can convinced Blizzard stripping off SMM's distributor right by exposing all their evil deeds and the petition to support the move, we might win the battle.
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Who is this PC Cock and friends?

When can we sign the petition?
strace
post Jan 9 2008, 04:57 PM

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PC KOK and Co. is sendi's lawyer lol
I've no experience in writing a petition tongue.gif Maybe 2 weeks later, after i figure out the formats and I'm expecting another anti smm news coming soon hopefully within this week.

edit:
Added other documents
user posted imageuser posted imageuser posted image

This post has been edited by strace: Jan 9 2008, 05:10 PM
edinhoven
post Jan 9 2008, 05:29 PM

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QUOTE(strace @ Jan 9 2008, 04:57 PM)
PC KOK and Co. is sendi's lawyer lol
I've no experience in writing a petition tongue.gif Maybe 2 weeks later, after i figure out the formats and I'm expecting another anti smm news coming soon hopefully within this week.

edit:
Added other documents
user posted imageuser posted imageuser posted image
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Is the lawyer a copyright or software lawyer? Do they know who they are dealing with? I think have to b careful when writing abt them, like NST suing Jeff Ooi for blogging on the net atlhough he has no control over what was said in his blog. I don't want after lowyat.net kena sue. We will attack and finish SMM and direct our focus on SMM. Happy Holidays!!!
nles
post Jan 9 2008, 05:34 PM

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The gaming industry is dark.
Most of the ppl whos stay long enough in this scene should know.

-end-
strace
post Jan 9 2008, 06:07 PM

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QUOTE(edinhoven @ Jan 9 2008, 05:29 PM)
Is the lawyer a copyright or software lawyer? Do they know who they are dealing with? I think have to b careful when writing abt them, like NST suing Jeff Ooi for blogging on the net atlhough he has no control over what was said in his blog. I don't want after lowyat.net kena sue. We will attack and finish SMM and direct our focus on SMM. Happy Holidays!!!
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I don't know which type of lawyer he is but I'll keep on posting. It won't be LYN's 1st time anyway tongue.gif

According to 3rd page of agreement, its written that SMM is a limited agent for Blizzard in Malaysia which given non exclusive rights and has granted legal authority against any person or legal entity for the illegal production, modification and distribution in Malaysia. In my interpretation, the realms that SMM can touch is VCD/Game shops that sells the games, factory that produces the games, take down private server for distributing PVPGN connector hacks or take down local website thats distribute full version of the game online. Providing games to end user play for a fee is not a form of distribution but categorize as commercial use of end user product. So what we see here SMM does not have automatic legal authority against cybercafe.
If there is any legal charges to accuse, that will be:-
1. SMM is abuse the legal authority [Copyright Act 1987 - SMM is not the copyright owner]
2. cheated cc outlet of their authority by giving their own EUA instead of Blizzard/VUG's CULA
3. collecting illegal fees from cc outlets
4. approving private servers as authorized servers [Copyright Act 1987 - SMM is not the copyright owner]
5. making profit via private servers

I'm have no legal knowledge but this is as much bullshit i can make lol

Copyright Act 1987 [pdf]
Trade Descriptions Act 1972 [pdf]

This post has been edited by strace: Jan 9 2008, 06:11 PM
edinhoven
post Jan 10 2008, 08:15 AM

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I always believe SMM is not the owner but Blizzard. SMM, I think, is only an agent n got no owner right. The document you post seems to say I think Blizzard give right to SMM to whack others. Maybe just maybe Blizzard also involve in this. If not, why give power to SMM? Someone stated in the forums that Blizzard people came down to Malaysia for some tournament with SMM. Don't Blizzard people when they r here know what is going on? Do SMM raid VCD? So far never heard of it. Only heard they raid cc and I think they purposely target cc. Actually, what did Blizzard give SMM? Distribute include distribute to cc? If SMM is only non esclusive n limited agent, that means other game distributor also can sell to cc beside SMM. So far, don't know who else in Malaysia selling to cc beside the monkey SMM. TSB tell me they don't sell to cc. I think I will try asking from US whether they sell to cc. If SMM cannot distribute to cc or raid cc, then got no right to kacau cc and to hell with SMM.
temptation1314
post Jan 10 2008, 08:33 AM

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QUOTE(edinhoven @ Jan 7 2008, 10:54 AM)
My friend told me when he was in one cc that got raided few months back, he was asked to sit and wait in the cc for 3 hrs. The police ask him to give IC and full name and contact number. According to him, the police says the cc infringe EA copyright and took away computers. My friend is 26 and the police told him that he may be a witness in court case. We gamers don't like to be involved in other peoples' fight. I am just worried the trouble gamers like us are getting into if we so unlucky inside cc that kena raid. Problem is not underage but the hassle if we are in cc when kena raided. I just want gamer be careful when u see police outside cc or when u see a lot of people outside cc, cabut lah from cc. Maybe temptation1314 want to be in cc when get raided and see what he/she will face. I surely don't want to get into this trouble.
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1st, becoming a witness is not trouble. "Except your body got sh*t"

Raid? As long as you're not guilty, then you're ok with it. 2nd thing, police had the right to remand you for 24 hour(or 48 hour?? laugh.gif) without warrant. This will never happen inside house(police will need warrant to do so). So stay in house if you don't want get trouble.

And lastly, hmm.gif I don't see any trouble when a CC getting raided.

And don't say that I never experienced anything, I'm a CC cashier before. CC raided, I'm there. CC get robbed, I'm there too. I'm more real than you that don't have any balls to face a little trouble becoming a witness...
chapree
post Jan 10 2008, 09:10 AM

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QUOTE(edinhoven @ Jan 9 2008, 09:18 AM)
Just inquire from Software Boutique (tsb.com.my). They said they don't sell cybercafe license and we cannot buy from them and we must contact the local distributor. I guess they are referring to SMM, right? Anyone got any other distributor like in US or Singapore? Care to share their contact? I doubt by writing to Blizzard. They will probably say the same thing or shit.
*
They not referring to SMM for sure.

AFAIK, TSB cater for mainstream customers. For cybercafes, it's through Gamers Dotcom LAN Agents: http://gamers.com.my/agent.cfm
In another word, TSB is a physical shop while Gamers is handling the distribution part.

QUOTE(nles @ Jan 9 2008, 05:34 PM)
The gaming industry is dark.
Most of the ppl whos stay long enough in this scene should know.

-end-
*
Agree. It's the nature of entertainment business. nod.gif
edinhoven
post Jan 11 2008, 06:59 AM

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QUOTE(temptation1314 @ Jan 10 2008, 08:33 AM)
1st, becoming a witness is not trouble. "Except your body got sh*t"

Raid? As long as you're not guilty, then you're ok with it. 2nd thing, police had the right to remand you for 24 hour(or 48 hour?? laugh.gif) without warrant. This will never happen inside house(police will need warrant to do so). So stay in house if you don't want get trouble.

And lastly,  hmm.gif  I don't see any trouble when a CC getting raided.

And don't say that I never experienced anything, I'm a CC cashier before. CC raided, I'm there. CC get robbed, I'm there too. I'm more real than you that don't have any balls to face a little trouble becoming a witness...
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Temptation1314, We normal people don't want to be in trouble of any kind. I dare say I speak for the majority. We want to just enjoy ourselves and if run cc, make cc okay to everyone. U think going to Court and become witness very hero? Like that you might as well go to Court for everyone as witness and be a true hero and not just talk 3 talk 4 here. We want to make sure everyone is okay include cc. That is why I fully support those real champions like Strace. He talks sense with support documents. He talk sensible in what he is doing for others. We want to clear this problem so everyone is okay. We don't have time to go to Court like you who maybe like to be hero for everyone or seen to be hero. Not everyone like you who got many 10 balls or something like that. We all try to help out really seeking people n getting help not like you all talk only. If u want to be true hero, make sure u go to every cc when raided and go to jail n be witness for everyone and every cc. Don't just talk, give real help. If u advise people to stay in house, all cc will close no business. U SMM agent or what? Don't support cc at all.
temptation1314
post Jan 11 2008, 07:08 AM

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QUOTE(edinhoven @ Jan 11 2008, 06:59 AM)
Temptation1314, We normal people don't want to be in trouble of any kind. I dare say I speak for the majority. We want to just enjoy ourselves and if run cc, make cc okay to everyone. U think going to Court and become witness very hero? Like that you might as well go to Court for everyone as witness and be a true hero and not just talk 3 talk 4 here. We want to make sure everyone is okay include cc. That is why I fully support those real champions like Strace. He talks sense with support documents. He talk sensible in what he is doing for others. We want to clear this problem so everyone is okay. We don't have time to go to Court like you who maybe like to be hero for everyone or seen to be hero. Not everyone like you who got many 10 balls or something like that. We all try to help out really seeking people n getting help not like you all talk only. If u want to be true hero, make sure u go to every cc when raided and go to jail n be witness for everyone and every cc. Don't just talk, give real help. If u advise people to stay in house, all cc will close no business. U SMM agent or what? Don't support cc at all.
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Then can you tell me which CC haven't be raided?? rolleyes.gif

You're jumping to the conclusion itself. CC get raided doesn't mean both the CC and gamers are in fault. Then try to run yourself a CC and try have '0' record of kena raided by authority.(Which I guess impossible... icon_idea.gif)

No matter how clean the CC is, they will be raided by authority one day for check-up, etc.
edinhoven
post Jan 11 2008, 07:43 AM

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QUOTE(temptation1314 @ Jan 11 2008, 07:08 AM)
Then can you tell me which CC haven't be raided?? rolleyes.gif

You're jumping to the conclusion itself. CC get raided doesn't mean both the CC and gamers are in fault. Then try to run yourself a CC and try have '0' record of kena raided by authority.(Which I guess impossible... icon_idea.gif)

No matter how clean the CC is, they will be raided by authority one day for check-up, etc.
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Temptation, I believe if cc very clean no raid will come. If they check, that is their job n cannot say you never do this or that if u r clean. So, I think it is best that we have 1 stop center where every cc can check what to do n what not to do. If they ask money to stop check, can report to ACA. This I think is a way to go. As for allow school boys in or never follow bomba laws or use cc for gambling (newspaper report), the cc really asking for it but I think this is not what we r discussing in this thread. I think no problem not allowing school boys in or follow bomba law or stop gambling. cc must follow law but here SMM don't follow law. Here, must finish SMM for any reasons.
temptation1314
post Jan 11 2008, 09:32 AM

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QUOTE(edinhoven @ Jan 11 2008, 07:43 AM)
Temptation, I believe if cc very clean no raid will come. If they check, that is their job n cannot say you never do this or that if u r clean. So, I think it is best that we have 1 stop center where every cc can check what to do n what not to do. If they ask money to stop check, can report to ACA. This I think is a way to go. As for allow school boys in or never follow bomba laws or use cc for gambling (newspaper report), the cc really asking for it but I think this is not what we r discussing in this thread. I think no problem not allowing school boys in or follow bomba law or stop gambling. cc must follow law but here SMM don't follow law. Here, must finish SMM for any reasons.
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Ask the majority.... rclxms.gif

Btw, SMM is an 'association' started from Penang if I not wrong. hmm.gif
Finish them?? With this kind of government?? I doubt so...
Max7
post Jan 11 2008, 09:49 AM

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U all are very silly. Why do u think SMM so powerful? Why the problem with the licensing issue? This is because you all like WC so and too much. Change the game and SMM will beg you, stupid! My cc has changed the games erasing WC 2 years ago. We are still surviving and making some profits. Other games is also quite popular. The answer is, promote other games in your cc. FYI, SMM is not from Penang and it is not an "association". It is a Sdn Bhd company from KL. It took over business from Adspace Media, another big bully. Change to EA games. It is much cheaper.
temptation1314
post Jan 11 2008, 10:32 AM

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QUOTE(Max7 @ Jan 11 2008, 09:49 AM)
U all are very silly. Why do u think SMM so powerful? Why the problem with the licensing issue? This is because you all like WC so and too much. Change the game and SMM will beg you, stupid! My cc has changed the games erasing WC 2 years ago. We are still surviving and making some profits. Other games is also quite popular. The answer is, promote other games in your cc. FYI, SMM is not from Penang and it is not an "association". It is a Sdn Bhd company from KL. It took over business from Adspace Media, another big bully. Change to EA games. It is much cheaper.
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biggrin.gif Not sure thou, hmm.gif majority in Penang "black market" told me they are doing underground business there.

SMM is not powerful, but don't ask for trouble that you can't carry. Your overweight trouble might hurt your family too.

(Don't ask me who's that black market)

On the other hand, your way of handling is quite true but still on consideration due to "DOTA"
For myself, I prefer various game like COD4, C&C. DOTA is ok, but it had last too long, too long since the era of AOS.

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