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General discussion (archive)CD Projekt vs Namco Bandai (gog.com geolocation)(26 posts)(26 posts)
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This is my favourite topic
Posted December 06, 2011
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crazy_dave: ...
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wodmarach: They're forcing Geo-location to stop people changing their profile addy to get around NB's rediculous double everywhere else price...

I checked the ruling it finds under article 56 section 1.1 which basicly says you must take the financially most viable... Whats the bet NB's is "most financially viable" cause they want to charge a higher price...
hmmm ... So I wonder if that means GOG is not allowed to sell to people in those regions? Or are they going to be forced to charge more? I can't believe CDPR allowed Namco Bandai to determine how CDPR would sell its merchandise through GOG.com in their contract. I mean it's not beyond the realm of possibility, but still. Oh well. Hopefully they can get a stay on the ruling and appeal. I don't know what court level this was at.
Posted December 06, 2011
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wodmarach: They're forcing Geo-location to stop people changing their profile addy to get around NB's rediculous double everywhere else price...

I checked the ruling it finds under article 56 section 1.1 which basicly says you must take the financially most viable... Whats the bet NB's is "most financially viable" cause they want to charge a higher price...
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crazy_dave: hmmm ... So I wonder if that means GOG is not allowed to sell to people in those regions? Or are they going to be forced to charge more? I can't believe CDPR allowed Namco Bandai to determine how CDPR would sell its merchandise through GOG.com in their contract. I mean it's not beyond the realm of possibility, but still. Oh well. Hopefully they can get a stay on the ruling and appeal. I don't know what court level this was at.
They probably agreed not to undercut NB by more than a certain amount...
Posted December 06, 2011
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lukaszthegreat: Namco just needs to meet THQ offer and it gets to release the game. So they do not need to present better offer.
Apparently the contract already exist between thq and CDPR but Namco didn't know about it. So they need to write the same but with Namco and not thq as Namco has the first priority.
Ah does priority mean like "first right of refusal" or something like that - i.e. GOG has to negotiate with Namco first and only can sell the XBOX360 version through someone else if Namco walks away?
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crazy_dave: hmmm ... So I wonder if that means GOG is not allowed to sell to people in those regions? Or are they going to be forced to charge more? I can't believe CDPR allowed Namco Bandai to determine how CDPR would sell its merchandise through GOG.com in their contract. I mean it's not beyond the realm of possibility, but still. Oh well. Hopefully they can get a stay on the ruling and appeal. I don't know what court level this was at.
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wodmarach: They probably agreed not to undercut NB by more than a certain amount...
Maybe they can ameliorate it with a better "fair price" package for those areas - i.e. offering more free GOG.com stuff - of course that could be viewed as cheating the system, but I wonder if it actually breaks the letter of the law. Either way, it sucks for Australians though since they'll be forced to get the censored version now. :/
Post edited December 06, 2011 by crazy_dave
Posted December 06, 2011
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crazy_dave: Ah does priority mean like "first right of refusal" or something like that - i.e. GOG has to negotiate with Namco first and only can sell the XBOX360 version through someone else if Namco walks away?
I really don't think so.
I would say that it means that Namco needs to meet any competitors' offer. They do not need to present better one just as good and CDPR cannot say no.
That's why the judge said "under conditions equivalent to a contract with THQ"
If Namco doesn't want to meet this conditions then THQ gets the contract.
Post edited December 06, 2011 by lukaszthegreat
Posted December 06, 2011
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crazy_dave: Ah does priority mean like "first right of refusal" or something like that - i.e. GOG has to negotiate with Namco first and only can sell the XBOX360 version through someone else if Namco walks away?
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lukaszthegreat: I really don't think so.
I would say that it means that Namco needs to meet any competitors' offer. They do not need to present better one just as good and CDPR cannot say no.
That's why the judge said "under conditions equivalent to a contract with THQ"
If Namco doesn't want to meet this conditions then THQ gets the contract.
I see.
Post edited December 06, 2011 by crazy_dave
Posted December 06, 2011
TW2 has been 16 USD on Amazon.com every few days since a week before Thanksgiving (the US one). It's already really cheap, the GOG deal is extremely good if you don't have TW, of course. I know Amazon.com isn't selling at that price worldwide (or probably not) so that's probably the reason. In the US at least, TW2 has been extremely cheap all season.
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wodmarach: The ruling makes no sense first it says they must allow NB only the first priority in it's bids then orders them to make the agreement even if its worse than the counter offers... I'd file an appeal and refuse on those grounds alone let alone that the contract didn't guarentee NB non PC rights
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lukaszthegreat: Namco just needs to meet THQ offer and it gets to release the game. So they do not need to present better offer.
Apparently the contract already exist between thq and CDPR but Namco didn't know about it. So they need to write the same but with Namco and not thq as Namco has the first priority.

sucks about gog.

and that they lost probably above 100K of eur (so 10 percent of what Namco owns them.)
CDPR fucked it big time imo. not only they lost money 75K here and whatever extra costs they had but also lost months of interest rates (at 6% a year. Namco held the money for how long? 5 months?) like another 4000 euro
Well, this is probably some bad press for Namco at any rate. But gamers are extraordinarily bad at punishing bad behavior (or even recognizing it *cough*Valve*cough*).
Post edited December 06, 2011 by orcishgamer
Posted December 06, 2011
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orcishgamer: Well, this is probably some bad press for Namco at any rate. But gamers are extraordinarily bad at punishing bad behavior (or even recognizing it *cough*Valve*cough*).
Thankfully NB don't seem to have fanboys in quite the way and numbers that Valve does. If this gets covered on a few major gaming news sites they'll probably have made themselves at least a few enemies (who'll have completely forgotten about this after a day).
Posted December 07, 2011
With geolocation, it's probably because they (Court and NB) think that this somehow imply on the sales in Western Europe, Asia, Pacific and Central and South America.


But it's good ruling about the DRM.

And basically, this is not a bad ruling for CDPRed, but it will affect us, because of geolocation.
Post edited December 07, 2011 by SLP2000
Posted December 08, 2011
And...Namco wins :(

http://www.vg247.com/2011/12/08/namco-bandai-awarded-distribution-rights-to-the-witcher-2/
Posted December 08, 2011
If I am reading this correctly, CDPRed signed totally retarded contract with NB and we now see consequences...

:(
Posted December 08, 2011
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Rebel44: If I am reading this correctly, CDPRed signed totally retarded contract with NB and we now see consequences...
Certainly sounds like they signed something that directly contradicts their basic policies stated on the "about us" part of this site :(

"8. Same game, same price, no matter where you're from!

We believe that all gamers around the world should be treated equally. Therefore GOG.com is available to everyone, everywhere, and we offer the same prices to gamers from all countries. Getting the worldwide rights to the games takes some extra effort on our part, but we think it's worth the reward of opening up our site to the world.

9. We trust you, not the Geo-IP

We trust our users. And we're not just saying that, but we back that statement up by offering DRM-free games, so even if you can pirate them or give them out to all your friends, we believe you won't. We also believe that geolocation based on IP can have a negative impact on your experience and is frequently not working well. That's why we decided not to use IP addresses to determine your location for game purchases and downloads. We trust you to keep your accounts updated with your location."

I really hope nothing changes around here. I love it just the way it is.
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General discussion (archive)CD Projekt vs Namco Bandai (gog.com geolocation)(26 posts)(26 posts)
(26 posts)