Datablitz raided for selling "pirated" software

[wowiesy]

wala naman active action ang Datablitz to represent NBA2K13 as "Databalitz distributed" or the like.... bullying lang talaga since they can pay lawyers and possibly finance the raiding team to do the actual raid...

I think may defense naman Datablitz pag dating sa court... pero yung sales nila will be affected.. and perhaps that's all that IPVG is really after...

[niky]

Gamers are a pretty media-savvy lot. And clannish, and connected. This action could backfire on X-Play in a big way. If they lose the court case, and DataBlitz is allowed to continue the sale of these products at lower prices, X-Play will suffer losses in retail sale.

This will all hinge on how clear the publisher is about distribution rights and resale limitations on the packaging. Consumers and retailers cannot be expected to honor contracts that they have not signed or been informed of.

[Type 100]

It's all fun and games until some other big fish is making the money you think you should be making...

Oh, and pun intended.

Basically the story of a lot of business in the Philippines - the only thing new about this is that it's disguised as "piracy" when it really isn't

[uls]

wala naman active action ang Datablitz to represent NBA2K13 as "Databalitz distributed" or the like.... bullying lang talaga since they can pay lawyers and possibly finance the raiding team to do the actual raid...

I think may defense naman Datablitz pag dating sa court... pero yung sales nila will be affected.. and perhaps that's all that IPVG is really after...

yup, they're making it expensive for Datablitz to continue selling those stuff

[vinj]

So what's next? We see HARI getting the grey market dealers raided as well?

[niky]

So what's next? We see HARI getting the grey market dealers raided as well?

Difficult. Automobiles have always been a big exception to exclusivity rights. A gray market importer is actually buying and selling a car that he owns. Legally, you can't be prevented from selling your own physical property.

Video games and movies are slightly different. The CD itself is physical, but you are paying big money for the IPR on the disc. There are restrictions on local movies, actually, stating that you can't sell them outside the Philippines (our prices are lower... socialized) right on the packaging.

I've bought numerous Singapore and HK sold videogames and no such restrictions are given on the packaging, so I assume they're fair game. This is, again, not knowing what is written on the cases of these products.

The Interaksyon report has been updated, saying that X-Play and DataBlitz have been in negotiation for a long time. They couldn't agree, thus the legal action. Only those two companies know the legal merits of their case, but from what I understand about distributorship deals, having entered in a few, myself, the breach of contract here occurred at the publisher end, not the retailer end. Citing "Unfair competition" was just a shortcut used by X-Play to get what they want.

I wonder how far this will go. Will they try to extend this interpretation of "unfair competition" to secondhand games? In markets with better consumer protection, the objection by companies against the selling of secondhand games has repeatedly been shot down. Heck, you could say that DataBlitz is selling secondhand games for a discount, and they'd be in the clear except for a small fine for not labelling them as such.

[oliver1013]

Wala to, kahit sinong batikang adik sa games, datablitz ang takbuhan..supot naman kasi yung distributor, hindi kilala.

[ghosthunter]

Difficult. Automobiles have always been a big exception to exclusivity rights. A gray market importer is actually buying and selling a car that he owns. Legally, you can't be prevented from selling your own physical property.

Video games and movies are slightly different. The CD itself is physical, but you are paying big money for the IPR on the disc. There are restrictions on local movies, actually, stating that you can't sell them outside the Philippines (our prices are lower... socialized) right on the packaging.

I've bought numerous Singapore and HK sold videogames and no such restrictions are given on the packaging, so I assume they're fair game. This is, again, not knowing what is written on the cases of these products.

The Interaksyon report has been updated, saying that X-Play and DataBlitz have been in negotiation for a long time. They couldn't agree, thus the legal action. Only those two companies know the legal merits of their case, but from what I understand about distributorship deals, having entered in a few, myself, the breach of contract here occurred at the publisher end, not the retailer end. Citing "Unfair competition" was just a shortcut used by X-Play to get what they want.

I wonder how far this will go. Will they try to extend this interpretation of "unfair competition" to secondhand games? In markets with better consumer protection, the objection by companies against the selling of secondhand games has repeatedly been shot down. Heck, you could say that DataBlitz is selling secondhand games for a discount, and they'd be in the clear except for a small fine for not labelling them as such.

There is another serious implication to this issue. If X-Play wins on the legal battle on this issue, it is also a potential bomb for other softwares (not only games) that have been bought abroad and used locally. They can be declared "pirated" or illegal simply because it didn't pass through the local distributor.

[niky]

There is another serious implication to this issue. If X-Play wins on the legal battle on this issue, it is also a potential bomb for other softwares (not only games) that have been bought abroad and used locally. They can be declared "pirated" or illegal simply because it didn't pass through the local distributor.

The case for this will probably be a landmark case for consumer rights, and only the young will ever pay attention (the young, ADHD gaming addicts, that is).

[ghosthunter]

The case for this will probably be a landmark case for consumer rights, and only the young will ever pay attention (the young, ADHD gaming addicts, that is).

Not limited to computer games... it may include softwares like from Adobe, Microsoft, Autocad, etc which can be bought cheaper abroad but have existing local distributors in the Philippines.

This was the case with MS Windows 98 before with local "asian" licensing versions that supposedly not legal to be used in other countries... following that kind of thought, a genuine copy of MS Windows bought in Hong Kong will be considered "pirated copy" if used in the Philippines.

[roninblade]

this is why i now buy my software digitally. not 100% though, for multi Gb applications (games usually) i still buy from brick and mortar stores if i'm too impatient to wait for the download to finish.

dick move by xplay here for calling "pirated software" to get the raid. **** them.

[jave]

I think it's a lose-lose sit for X-Play, if you think about it.

Leave Datablitz alone and X-Play loses sales through competition they can't match. Go after Datablitz (like what they did) and lose access to its wide network of stores and probably the biggest legitimate offline game distribution channel in the country.

Unless they're willing to do the distribution themselves, which is no joke.

[Chikselog]

From Datablitz Facebook page:

To Our Beloved Gaming Community & Friends,

Monday, Nov. 5, 2012, will be remembered as a day of infamy and shame for the gaming industry with XPlay initiating a disgraceful harassment action against DataBlitz for alleged selling of "unauthorized" stocks of NBA 2K13.

Yesterday, XPlay released an official statement listing down various details of meetings between XPlay and DataBlitz in the weeks leading to the launch of NBA 2K13. In spite of all that's been said in their press release, they've conveniently omitted the most pertinent details:

1. All the meetings that took place between Xplay and DataBlitz were initiated at the request of XPlay. DataBlitz has never asked to meet with XPlay and were only asked to participate in meetings and/or to join XPlay's so-called "marketing programs" (which are really nothing more than just glamorized parlor game events). DataBlitz participated in the meetings and "marketing programs" out of courtesy to XPlay and no such thing as "primary partnership", whatsoever was ever discussed, offered, nor penned on paper, whatsoever.

2. Apart from just saying that they will be distributing NBA 2K13, XPlay has never indicated in any form of writing or communications whatsoever to DataBlitz that they are the exclusive distributor of the game.

3. Thirdly, and this is the most important and glaring omission in XPlay's press release: in spite of the above, the fact is that DataBlitz still went ahead and purchased a considerable quantity of NBA 2K13 stocks from XPlay as a gesture of goodwill towards XPlay, even knowing that they are still very new to the industry of console games, without any proven track record whatsoever to speak of along this front.

However, it is the understanding of DataBlitz that XPlay is just another reseller of the game, and as we still live in a free country the last time we checked, DataBlitz reserves its right to buy stocks of the game from other sources, apart from XPlay, so long as these are legitimate, genuine, brand-new, original games, that are and always have been the hallmark of our product offerings to our customers.

DataBlitz has been in the gaming industry for over 17 years now, and our record speaks for itself, we have always maintained a pristine reputation as the one reliable source for original and genuine games at reasonable prices. From the very beginning when piracy dominated the market 17 years ago and up to this day that we have been able to steadily educate our consumers (without harassing anyone) about buying and patronizing original games and software, we have remained steadfast in our core belief of looking after the welfare of the gaming public first and foremost.

If there suddenly are now parties out there who see the vibrancy of the gaming industry as a way to profit immensely by using sham claims of being the only party that possesses "authorized" stocks (whatever that means) in order to shove overpriced games down the throats of the gaming public, this kind of modus is just against the core principles of DataBlitz and something we just cannot and will not go along with.

At the end of the day, we have the welfare of our customers at heart, not the twisted desires of these opportunists. Even if it means this will be a lonely battle, as Monday's events have shown that we were very obviously the only one unjustly and unreasonably singled out, we shall always remain as the one beacon of light and hope for gamers everywhere and carry on the good fight to stop such forms of profiteering through harassment.

https://www.facebook.com/DataBlitzPH...63682207107791

Dami pa ring supporters ni Datablitz.

[niky]

From Datablitz Facebook page:



https://www.facebook.com/DataBlitzPH...63682207107791

Dami pa ring supporters ni Datablitz.

Lawsuit na yun.

Defamation, harrassment, unfair practice, libel.

Then follow up with copyright infringement case against X-Play for ripping off the X-Play logo. If there is still some fragment of G4TV operating out there... look boys... free money!

-

But on a more serious note. I eagerly await X-Play's proof of exclusive distribution rights. There are some chances it does have that. The question becomes then, what law did DataBlitz actually break if it bought from another authorized distributor who did not forbid them from reselling? Because this then becomes a breach of contract suit between Epic Games and the other distributor, not DataBlitz itself.

[wowiesy]

Lawsuit na yun.

Defamation, harrassment, unfair practice, libel.

Then follow up with copyright infringement case against X-Play for ripping off the X-Play logo. If there is still some fragment of G4TV operating out there... look boys... free money!

-

But on a more serious note. I eagerly await X-Play's proof of exclusive distribution rights. There are some chances it does have that. The question becomes then, what law did DataBlitz actually break if it bought from another authorized distributor who did not forbid them from reselling? Because this then becomes a breach of contract suit between Epic Games and the other distributor, not DataBlitz itself.

Did or can XPlay show proof that they demanded Datablitz to cease and desist from further selling Nba2k13 copies not sourced from them? I would think that due process is still required here... Kung malakas lakas lang siguro Datablitz sa political circles... But if i'm not mistaken mentioned in one of the press reports was Winston Lim was the owner of Datablitz... Kung sakali tama yung alam ko... This guy may be the same guy who owns waltermart chains anf also married into the Gokongwei family ( isa sa mga anak msmo ni John Gokongwei napangaswa ni Winston)... Kung totoo to, im sure they also have connections ang question lang ay kung gagamitin a nila or not...

[Type 100]

this is why i now buy my software digitally. not 100% though, for multi Gb applications (games usually) i still buy from brick and mortar stores if i'm too impatient to wait for the download to finish.

Steam has my business now as well. Even better you can wait for them to go on sale - their reductions are massive.

[testament11]

From Datablitz Facebook page:



https://www.facebook.com/DataBlitzPH...63682207107791

Dami pa ring supporters ni Datablitz.

Read that yesterday morning. Kung totoo man ang sinasabi ng DB dito, that they bought some copies of the games sa X-Play, then why did X-Play raided them? Siguro kulang yun order ni DB ke X-Play kaya siguro nagalit si X-Play :hammer:

Still, people support DB coz in the eyes of many people, this issue is purely crab mentality or bullying.

[shadow]

Wala naman magagawa mga Tao Kung support pa rin nila DB, we are all just spectators...



Sent from my iPad using Tapatalk HD

[oliver1013]

sino ba may ari ng x-play?

kala ko ****site

[Monseratto]

sino ba may ari ng x-play?

kala ko ****site

X-play is a joint venture owned by GMA-7 and IPVG (E-Games)...

IPVG

GMA, IPVG partner for video game
PAOLO LUIS G. MONTECILLO, BusinessWorld August 29, 2008 3:32am


MANILA, Philippines - Local internet video game distributor IP E-Games has partnered with a unit of GMA Network Inc., for a new online gaming brand, X-Play, to capitalize on a potential 18-million-strong local online gaming market.

In a briefing late Wednesday, officials of IP E-Games and GMA New Media, Inc. announced the 50-50 partnership and launched X-Play’s flagship game NBA Street Online.

Enrique Y. Gonzales, chief executive officer of IP E-games parent company IPVG Corp., said the new brand would try to bring online gaming to the mainstream market.

He said the brand’s string of casual online computer games — games playable in one sitting as opposed to the more complex and time-consuming massively multiplayer online role-playing games — would target not just the five million local online gamers, but also 18 million Filipino Internet users.

Mr. Gonzales declined to say how much the company had invested in the game. He also did not say how much the company expects to earn from the venture.

Christopher Thompson, Asia general manager of video game company Electronic Arts (EA), the company that designed and sold the game rights to X-Play, said the worldwide video game market would grow into a $50-billion industry in two years, from around $30 billion last year.

"Most of this growth would come from online gaming," he said, adding that much of the growth would be in Asian countries China, Korea, Taiwan and the Philippines.