DataBlitz and X-Play's Official Statements
OFFICIAL STATEMENT OF X-PLAY
It is unfortunate that businesses had to be disrupted by the incident that transpired yesterday. While we sympathize with other individuals dragged on by this issue, we stand by our ground to be vigilant in dealing with illegal activities to protect our rights, our partners and our local gaming community.
This is not a knee-jerk reaction from X-Play. In fact, meetings were held with Datablitz President, Winston Lim and his team to become X-Play’s primary partner for NBA 2K13. Datablitz key executives Sandra Lu and Orpha Oambas even participated in X-Play’s distributor conferences and got all the marketing and distribution plans of the company.
Datablitz’s decision to acquire and distribute NBA 2K13 through unauthorized means despite these efforts, leaves X-Play no other option but to report this to the proper authorities, in which CIDG and the Regional Trail Court took immediate action on.
The action of Datablitz was not only detrimental to X-Play but also affected other smaller retailers, game stores and entrepreneurs.
We hope nothing more but to resolve this predicament but will hold firm in protecting the industry from smugglers and illegal operators.
FACTS OF THE CASE
The complaint was for “unfair competition” defined under Section 168 of Republic Act No. 8293 or the Intellectual Property Code of the Philippines.
By selling the NBA2K13 Products without authority from EpicSoft and/or XPlay, the exclusive distributor thereof in the Philippines, Datablitz, Inc. took a “free ride” on the good will and marketing excitement established by XPlay, thereby engaging in “unfair competition” to the prejudice of-Xplay and all of its rightful distributors most of which are small retail outlets.
MEETINGS WITH DATABLITZ
· Meeting between Take 2 Interactive, X-Play, and Datablitz
o Date: September 6, 2012
o Location: New World Hotel
o Discussion Points:
§ X-Play will be Official Distributor for NBA 2K13
§ X-Play wants Datablitz as a primary partner, and requested Datablitz to advise on support requirements it would need for NBA 2K13
· Distributors Conference 1
o Date: September 13, 2012
o Location: Max Restaurant, Gateway Mall, Cubao, Quezon City
o Attendees: Sandra Lu, Datablitz Purchasing Head
Orpha Oambas, Datablitz Marketing and Events Manager
o Discussion Points:
§ Briefing on X-Play Product Portfolio
§ Briefing on Marketing Programs
§ Discussion of Commercial Terms and Trade Concerns
· Distributors Conference 2
o Date: September 27, 2012
o Location: Max Restaurant, Gateway Mall, Cubao, Quezon City
o Attendees: Sandra Lu, Datablitz Purchasing Head
Orpha Oambas, Datablitz Marketing and Events Manager
o Discussion Points:
§ Discussion on NBA 2K13 Trade Programs, inclusive of all commercial terms.
§ Briefing on NBA 2K13 Marketing Program
· Lunch Meeting between Datablitz and X-Play Top Executives
o Date: September 28, 2012
o Discussion Points:
§ In-depth Discussion on partnership Agreement and Concerns
§ Sealed partnership Agreement via a Handshake
· Meeting between X-Play Sales Team and Datablitz Operations and Purchasing Heads
o Date: September 28, 2012
o Discussion Points
§ Discussion on actual orders to be placed by Datablitz
§ Operational discussion involving Purchase Order releasing, delivery timeframe, and collateral distribution.
(via Jayvee)
OFFICIAL STATEMENT OF DATABLITZ
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.
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(Posted as of 1PM, 11/08/2012)
To our friends & family in gaming,
We wish to further dispel the false news reports that have circulated the past few days. The seized NBA 2K13 stocks are not pirated nor smuggled goods. DataBlitz has never sold any pirated games, not then, not now and not ever. The games are genuine, original stocks that came from legitimate suppliers, and had gone through the proper importation channels with taxes & duties properly paid.
The basis and reason for the seizure of the goods was that these were allegedly "unauthorized" stocks, without XPlay stickers, and taken away under the supervision of the lawyers of XPlay, who supervised the whole process up to and including the most unjust detention of our staff who were merely doing their work of manning our stores and trying to make an honest living.
We look forward to contesting the "unauthorized" stocks issue and the truthfulness and validity of the exclusivity claim in the proper fora in due time.
Meanwhile, from the bottom of our hearts, a million billion gazillion thanks for the outpouring of support we've received from our beloved gaming community and from gamers in general everywhere. You are our inspiration and your support is the source of our strength in everything that we do since our inception. There is no DataBlitz today without you and for this, we shall forever be grateful. In this dark hour, you have stood by us and have come to our defense, and the least we can do is to continue to work hard and fight each and everyday for the welfare of gamers everywhere! MARAMING MARAMING SALAMAT PO!!
X-Play is a joint venture of IP e-Games and GMA New Media and is the exclusive distributor of games from Blizzard Entertainment and Take Two Interactive in the Philippines.
Meanwhile, a Facebook page called We Support Datablitz now has 665 fans (likes).
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