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 About SMM Cyber Cafe licensing issues

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ZipD
post Jan 17 2008, 11:50 AM

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Just out of curiousity, how much is SMM charging for WC per month?
ZipD
post Jan 21 2008, 05:29 PM

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I think if you want to keep this thread practical, better suggest more constructive options. Otherwise, it'll turn out to be just another spam thread with nothing happening.

You'll need to understand that the EULA does not cover commercial exploitation of the game. The commercial agreement does. In that agreement, SMM has every right to charge monthly fees or whatever as they see fit.

Yes, the POA doesn't specify the collection of royalty fees, but know that the POA is merely a *portion* of the agreement. The POA is standard in most license agreements that merely states SMM can take legal action on behalf of Blizzard against copyright infringes. The other portions of the commercial agreement clearly states that SMM can collect these fees.

The only thing you have to go on is whether the agreement between Blizzard and SMM provides this right. Unless you are able to obtain that document, nothing can happen. And AFAIK, most licensor agreement structures will include the right to collect monthly fees as a standard clause.

So there's really nothing much you can do, besides what Max7 suggested.
ZipD
post Jan 21 2008, 05:51 PM

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Which is not what I'm suggesting either. There must be a source of these complains... why the hard feelings? If you make money off a product repeatedly, why can't SMM?

The way I look at it, the price seems to be ok but then again I don't run a cc. If the cc owners feel 'cheated', then maybe they should just request for a price revision or something. Surely, there must be a common ground where everyone can agree on.

This post has been edited by ZipD: Jan 21 2008, 05:52 PM
ZipD
post Jan 21 2008, 08:19 PM

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QUOTE(edinhoven @ Jan 21 2008, 07:12 PM)
Still no news from my cyberjaya fren. I am patient bcoz the service is free. I reading all the posts. I think we can arrive some common ground. Actually I tink it is simple. if SMM got no right, don't pay. If SMM got right why SMM don't show? is SMM hide something important? SMM can show their right, is that simple why hide until today? I tink it is a very good suggestion for Strace that all game distrbutor account check to show they are really sincere trader. I bet none of them will show anything. I also bet that SMM never pay Blizzard anything.
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I think it's not 'SMM got right why they don't show' but more like 'why show you?'. The agreement is private between SMM and Blizzard. If you think SMM is cheating you, then go to the Trade and Domestic Ministry and file a formal complaint.

Edinhoven, when I say common ground - I meant that all the disgruntled cc owners should discuss this among themselves and come up with a proper proposal to SMM. Not start a crusade. You mentioned seeking legal advice... is the advice based on the licensing agreement between SMM and Blizzard? If it's not, you won't find anything new that has not been mentioned here already.

p.s. Please don't label me a traitor or supporter of SMM. I don't work for them, heck, I don't even play DOTA. I'm just trying to tell you guys to think this thoroughly and not start something without getting all the facts first.


ZipD
post Jan 22 2008, 02:15 PM

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I was only pouring truth water, sorry if you felt cold. You still haven't answered my question:

Is your friend reviewing the agreement between SMM and Blizzard? If he's looking at the Commercial Agreement between SMM and cc, dun bother, I've already asked a friend to look at it since day 1 and his answer is what I was trying to tell you earlier. But hey, no harm in getting a second opinion.

EDIT: Here's more water...

QUOTE(strace @ Jan 22 2008, 03:07 AM)
There is no necessary to request the complete POA between SMM and Blizzard, a simple accounting check will do just good.
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Strace says it's not necessary to obtain complete POA. Why not? Also, may I remind you again that the POA is not the whole document. It is part of the document. The complete document is called the 'Commercial Agreement'. It's not called a POA. I've already explained this a few posts earlier.

Strace also suggests 'a simple accounting check'. Firstly, SMM is a Sdn Bhd i.e. accounts not open to public. The only way you can do this is an internal inquiry by Trade Ministry. How do you suppose to get this done? We can give 1000 suggestions also but I think it's prudent to also think about how it will be done before you suggest.

If you cannot understand my this final and probably last post in this thread, then I say good luck to you.

This post has been edited by ZipD: Jan 22 2008, 02:32 PM

 

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