It has passed almost one months since Invictus started ip-block on PT player from outside of North American region of AGE's territory and still there are some ugly and stupid negative campaign against Invictus and Gamigo because of misunderstandings.
In my analysis, there are two hypothesis.
1,If Aeria does knows their service is north American service only and they doesn't inform it in public , to held "European" or "Australian" league, they pretended as if they are world wide version without refering to "north American service. In this case, it is Aeria's fault.
2,If Aeria did contract with Invictus with unlimited published area contract when they started open β on 2007 , and then Invictus changed their translation of contract and they forced Aeria to be "north American service" after Gamepot obtained global license, It is invictus fault because actually Invictus did double-contract with them.
From now, I quote the sources from pless release, officials statement on Forum by employee, and comment on interview by employee in gaming website.
Checking the the press release of
AGE, it is odd that they
never describes Project Torque is North American Service and they said "
to the public"but also they said "
to hit for North America" when they announced Open β.On the other hand, at the same time in the official
Invictus pages they announced Project Torque is north American version of Level-R.If Aeria had not been informed about territorial obligation that contract is only in North American region when they agreed contract with Invictus 2007, Aeria should have confirmed the territorial license ,(or language license?) and contract with Invictus, or asked rewrite "north American Version or worldwide service". Aeria should suit Invictus if there are wrong business contract and they give worldwide license to the two publisher. I don't know if Aeria Game Entertaiment suit Invictus at the court now.
Other AGE games states it is
North American Service or nothing(unrestricted/unlimited area). (See Megami tensei, cronos and so on about territory.) But. about PT, they have no description . But, I guess Aeria does knows it is north American service, judging from the AGE's press release (here:
http://www.aeriagames.com/pressrelease.). check it each descriptions.
It is obvious that they emphasiss on "North America" on their press release.I guess this territorial license issue by the Gamepot's policy change and enlargement of territory. Originally Gamepot (Japan) and AGE(North America) were under the same subsidery of Aeria (hearquarter in Japan). On 25th of February 2008 So-net dominates all the stocks of Gamepot from Aeria(headquarter in Japan) in the stock market so Gamepot moved to So-net Group. I guess they had belonging to same group and that was the reason Gamepot doesn't protest against AGE and AGE doesn't do ip-block although they are only North Amrican publisher before they sell level-R to Gamigo.
So-net
http://www.so-net.ne.jp/corporation/So-net bought Gamepot Japan
http://www.gamepot.co.jp/pdf/ir_release/syuyoukabunusiidou080414.pdf Aeria Games (Japan)
http://www.aeria.jp/ After joining So-net group and when Gamepot started Level-R Japan commercial release October 2008, Product Mangaer Mr.Kaga(Gamepot) states Project torque is North American service without different contract terms (it means Gamepot doesn't contract with Aeria, it may suggest Invictus and AGE direct contract about North America region license only .)
http://www.4gamer.net/games/021/G002189/20081020030/-----quote----------
加賀氏： ええ。実はそうなんです。中国ではクローズドβテスト中ですが，ドイツ/オーストリア/スイス，あと権利関係でタイトルが違うのですけれども北米で正式 サービス中です。なぜ日本だけ遅れたのかといえば，日本のプレイヤーが，そして何より僕自身が納得のいくクオリティに達していなかったからなんです。
Mr.Kaga said; yea. in China under closed β and in German/Austria/Swiss they started commercial release, and with different title name with different contract relation in North America there are also started commercial release.
--------------------
I guess, problem had happened after Gamepot move to So-net. They need to seek for more profit for their new stockholder so they sells levelR territorial license to other publisher e.g. Joyzone(shanghai), Gamigo(Humburg), Nival network(St Petersburg), and One life(Jakarta). I guess
gamepot knew AGE's territory only in North America.
Im not sure when Gamepot got exclusive license all over the world except North America? At least they have only exclusive license on Asian region ,
reported on 2005.07.07 and they said E.U service is no schedule at that time.
http://www.4gamer.net/games/021/G002189/20050707175341/At that time, they had Asian exclusive license,incruding Japan, Thailand, Malaysia, Communist China, Republic of China(Taiwan) ,South Korea, India, Vietnam and many other Asian region and countries, so they agreed to give territorial license to China Joyzone. and Indonesia one life. First,Joyzone agreed exclusive license with Gamepot(Asian exlusive license holder) about Level-R China service. Ofcourse it is reasonable because
China is Asian region.2007.02.27
http://www.gamepot.co.jp/pdf/ir_release/070227_level_r.pdf/
After Gamepot move to So-net Group on 25th of February 2008, They spread sales outside of Asia, e.g. German, Russia, and EU, then "rest of the world".
On 2008.05.15Gamepot agreed to give exclusive license to
Gamigo on Germany,Swiss,and Austria. But,we dont know when Gamepot had obtained EU license and why they can agree
outside of Asia territorial license.
http://www.gamepot.co.jp/pdf/ir_release/levelrdoitu080515.pdfActually Gamepot commits so much to develop the basement of Level-R series, especially network technology. Actually Level-R is evoloved Invictus's CRC2005 with Gamepot network know-how and experience. Also It is not only Invictus but also Gamepot invested huge money to support development of it . We know Project Torque is based on level-R, using with the developped network technology system by gamepot. That was because Chat macro speak Japanese languages and Japanaese driver's license when PT's open β and that is because there are Gamepot's name on subscribe list on PT. From the point of view of management and business, It is reasonable for Gamepot to sell it to other publisher.
---------quote from Press release by gamepot-------
2005.05.05http://www.aeria.jp/aeria/ir/pdf/H170705_crc.pdf2007.02.27http://www.aeria.jp/aeria/ir/pdf/H190227levelr.pdfLevel-R は、ハンガリーのInvictus Games 社とゲームポットのオンランゲームおける運営・ロ ーカライズ・ネットワーク技術のノウハウを投入し、共同開発したリアルレーシングオンラインゲ ームタイトルです----------------------------------------
When German Gamigo starts their service on Germany,Swiss and Austria, The issue has uprised on PT official forum about Level-R and Project Torque. At that time I checked on Invictus website that Invictus explain PT is north American version of Level-R , at least on may 2008. Those three countries are not Asian region.
2008.05.13
http://forums.aeriagames.com/viewtopic.php?p=812200#812200 （Japanese PT eye candy:screenshot)
2008.06.17
http://forums.aeriagames.com/viewtopic.php?p=1107950#1107950 （only cars????:screenshot)
2008.09.07
http://forums.aeriagames.com/viewtopic.php?t=170813&start=30 （Level R:screenshot)
---quote--------------
http://www.invictus-games.com/
Project Torque /US version of Level-R/ - Aeria Games Entertainment Inc. USANorth American Release Q3 2007or English version of Level-R, called Project Torque.----------------------
Judging from GM supermanox's post, I guess there had possiblity of ip-ban at that time ,from the point of view of contract. But ip-ban hadn't operated. (GM is aeria employee, GS is just a amateur volunteer member who doesn't know business. So GM's statement is significant .)
2008.07.12. GM supermanox commented as follows ;
http://forums.aeriagames.com/viewtopic.php?p=946621#row8 （### Important Information for German Players of PT ###:screenshot)
----------quote---------
There is no account transfer possible. This was only said in order to trick new customers, or to scare old customers. For our current customers, this change will not have any effect. Aeria Games has no desire to restrict access for anyone. We believe that competition is good for both the producer and developer. However, we DO meet any legal commitment that we are bound to, and will take action as required by those contracts. The best current example of this is DoMO. Aeria Games has met its legal obligations for region restriction, despite our protests.------------------------
Also, same GM commented on
06 Sep 2008 03:44 as follows ;
http://forums.aeriagames.com/viewtopic.php?t=170813&start=20&scrollToFirst=true#row1 (Level R:screenshot)
-----quote----------
Aeria Games has no desire or intent to block anyone.Should we be forced to do so (by contractual obligation),we will use a solution similar to what we have done with DoMO(you can check to see the details there).-----quote end-----
When the GM comments this two comment above, I personally ask a question to AGE about territorial license but
they refuse the answer. On 2009.06.30 report they said Gamepot had agreement of exclusive License in
Russian region incruding Kirgys,Turkmenistan, Armain, Moldova,Ukraine,Azerveijen,Georgia,Kazakhstan. Gamepot agreed to give exlusive license in those countries to Nival network. Those countries are not Asian region.
http://www.gamepot.co.jp/pdf/press_release/090630_lr.pdfFinally, we know that Gamepot agreed Gamigo to have exclusive license toward EU region and the "rest of the world"
ofcourse ,
it is not Asian region. It means, Gamepot held "rest of the world license except north america".
http://levelr.gamigo.de/forum/showthread.php?t=7258Also, this fact, Two of Aeria GM admitted the fact that Gamepot have global license except north america as follows;
1.
GM supermanoxon 18 Oct 2009 23:47
http://forums.aeriagames.com/viewtopic.php?t=572812&start=560#row7 (Invictus Announcement of IP Blocking:screenshot)
------quote---------------------
Homebass420247 wrote:well...in a way it is going on here...they stole global rights from us..the USGM supermanox wrote;
The global rights have, and still belong to GamePot, who doesn't really care about the whole IP block issue. This was the first contract for this game, and the most broad. To my knowledge they are not asking for anyone to be blocked. The only people that can really say what is going on, and why is Invictus... and they are not talking.---------------------------------
2. GM _fastcrx 08 Nov 2009 09:57
http://forums.aeriagames.com/viewtopic.php?t=572812&start=900#row6 (Invictus Announcement of IP Blocking:screenshot)
-------------quote--------------
I wanted to post up in hear and let everyone know what has been going on. At this particular moment in time we have not come to any type of an agreement on lifting the IP block. Gamigo does have the "rights" to enforce it very sadly.
---------------------------------
who doesn't really care about the whole IP block issue.I never heard Gamepot officiall statement they doesn't care about ip-block. So this statement maybe his own imagination.
I don't think it is true that Gamepot doesn't want Ip block. It was because Japanese player immigrated into PT so much that their profit became less. Now Japanese version is Diane 3 because Free-play nerd ruined the game and most of player immigrate into PT or GTR2.
Also, I guess Gamepot would want to sell more Level-R to other local Publisher so they want ip-block and fellow strictly regional terms and contract to protect their customer (other publisher)'s profit. Ofcourse, Gamigo and other publisher would want PT do ip-block for their profit itself because they paid money into Invictus and Gamepot for legal rights of publish the local service.
Im not sure a statement below is true or not because I don't have primary source that AGE lost against the lawyer. In addition ,it is Gamigo GS's comment, not PM or GM, gamigo GS Kerosin said as follows;
http://levelr.gamigo.de/forum/showthread.php?t=7179&page=4----- quote ----------
3) the IP-block should have been installed about one year ago, but AGE try to fight against it by lawyer and finally lost. So the IP-block has nothing to do with our current version of the game, it is just to correct the things AGE has done wrong in the past. Even for us, it is more than worse to present a not comparable version to you, because it may cost unpatience gamers for ever.----------------------
Im sorry this is not confirmed it is true or not. Against this statement about law action above, none of Game Manager or Product manager on AG refute it in official forum. In the business, official or diputy keep silent means they admitted it is true so they keep silent but they doesn't want to announce.
Now, Not enough explanation by Product manager and Gamemaster of Aeria emploree.
except some posts;
http://forums.aeriagames.com/viewtopic.php?t=572812&start=230 ( Invictus Announcement of IP Blocking:screenshot)
(By the way, there are a Gamesage's many unreasonable claims and propaganda but those are from ignorant of the true situation so I only quote GM or PM's statement.)
------------------------------------------------------------------
Aeria is meeting our contractual obligations... and we are not blocking any IP's. The only people can answer your questions is Invictus. They are implementing the IP block, and are doing so because it is their product, and because they are caving to pressure from other publishers. These are the same publishers who pushed for the changes that the customers are unhappy with, and as such have stopped playing their versions,and started playing ours. They are using Invictus to try to force players to accept the changes, by removing any other options. The bottom line is that not everyone has the same vision for this game... and they are willing to take strong measures to force the players to accept the changes.--------------------------------
It is difficult to understand they insist "competition" and "free-access" without proper teritorial license rights. I checked almost all the post on Aeria PT official forum , but none of Aeria Employee delcaired PT is not only North American service but also Global service. If Aeria having a global license they can insist so.
I think Aeria want to avoid their responsibility of explain. They already admitted they don't have global rights (See supermanox's post above), moreover, admitted Gamepot have global rights except north America, so
It is time to explain "PT is North American Service" on their official website. Even though It is Invictus's products, Ip-block is nonsense
if AGE have global territorial rights. Ofcourse if they doesn't have proper license outside of North American region so they cannot suit the court.17 Oct 2009 03:18 GM_1fastcrx commented as follows ;
http://forums.aeriagames.com/viewtopic.php?t=572812&start=430 ( Invictus Announcement of IP Blocking:screenshot)
-------quote----------
Hello everyone and it looks like Gamigo has instructed Invictus to just block Europeans and such from "Only" playing PT. We have noticed that people are able to log into just about all versions of level R from anywhere and are not restricting regions as they had mentioned they would be doing. We wonder why they have not lifted the block from Europeans to play PT as well then? I would just like to say Aeria has not blocked any accounts and your PT accounts are still available for use here. If anyone is saying/pointing the finger that we have blocked accounts or IP's from our players it is very much so untrue! So milkmann you must understand we have not blocked anyone nor will Aeria ever block its players.--------------------------------------------------------------
Unfortunately and sadly, it is reasonable Gamigo instructed Invictus because they have proper territorial license, agreed with global license holder Gamepot. It is the business. Money and contract is business.
By the way he said that
all versions of level R from anywhere.Last year I had already been back to Tokyo and I confirmed
on 4th of October 2009 I could'nt log-in Russian version, China version(temporary stopped) and EU version. Also, Japanese Level-R still do ip-block from overseas. So this statement seems to be wrong.(But I had reported from other people using American ip they can play gamigo at that time.)
Aeria should explain the detail of the contract, (and appoligizes if they intentionally mislead users to pretended as if that is global version or global license holder.) and should explain why Aeria doesn't suit Invictus on the court if their right is proper to access non-North American ip in their official forum?
Ofcourse I felt depressed I cannot play PT without HSS it causes lag. I had been playing PT from when they started closed β and
It is me that I introduced PT on Level-R Japan forum to immigrated PT because LR was already ruined on Aug2007. But, negative campaign these days is nonsense. Company and service should follows by law, contract and compliance and
business ethics. The compnay who break the business ethics they lose not only trust but also profit as a result. It is the reason why Im against negative campaign toward Invictus and Gamigo and Gamepot. With the same reason, Im against in the official forum on Project Torque about HSS advertisement shuold be deleted. I never saw those "unofficial" tool instruction on other companies official website or forum.
It is enough just using HSS silently, and teach it unofficial or personal blog or website if you want.
Or tell your freind about proxi tool to personal messege hand to hand. It is because if Invictus or Gamigo checking about proxy written in PT forum they would do another ban of proxy. Tell your freinds to play Project Torque and ask to buy more Aeria Point for Aeria to buy world wide license in the long future
if you really want Project torque ip-block to be lifted up .
Excessive wrong negative campagin against Gamigo or Invictus may have procedure next high level restrictions on their client (e.g. prevent system from access through HSS)
what I am most concerning about.Some non-educated they blames I am spy of gamigo, but it is nonsense claim. Im not employee of Aeria or Gamepot or Gamigo and so on. I am also customer who I paid real money to Aeria to buy licensed cars and I loves Suby.
