XPLAY’s Official Statement regarding the raiding of Datablitz Stores for NBA2k13

EDIT: Datablitz has also issued a statement

You might have heard that Datablitz was raided today. Ironic right, as they have in my eyes been the bastion for what is good in the computer gaming industry. The media got it wrong and I am not surprised. According to statements, Datablitz had pirated copies of NBA2K13 which was of course, false. Datablitz does not keep pirated copies of games. Rather, these were copies that were not under the right distributorship.

We finally have an official statement from XPLAY.

I am still trying to absorb the contents of this press release as we speak. So, what do you think?

FULL RELEASE BELOW.

On November 5, 2012, Monday, simultaneous raids led by CIDG were held in various branches of game and software distributor Datablitz, Inc., as they were publicly selling NBA 2K13 products without any prior authority and consent from NBA2K13 exclusive distributor in the Philippines, X-Play Online Games, Inc.

While you can coordinate directly with CIDG for the specific details of the raid, we would like to shed some light on the premise of X-Play as to why it has come to this extent. Please know that X-Play had no other intention but to protect their business, and to exercise their responsibility to their partners and the community they are in.

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.
FACT SHEET

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.

28 Responses to “XPLAY’s Official Statement regarding the raiding of Datablitz Stores for NBA2k13”

  1. […] – 11/06/12 9PM – jayvee Hernandez, a blogger, has posted the official statement from X-Play regarding the raid. Datablitz has yet to release a […]

  2. kevin says:

    boycott this business letcheng x-play kung di nyo kaya makipagsabayan tap out, youre not belong to this gaming industry. bwesit

  3. Will try to get Datablitz’s side of the story first and have XPLAY explain in detail what happened.

  4. Vince says:

    https://www.facebook.com/DataBlitzPH/posts/163682207107791

    DB posted this earlier

    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.

  5. […] readers. Here is the official reply of Datablitz regarding the recent raid of XPLAY (statement here). I would highly suggest reading BOTH of the statements and decide for yourselves. I am not an […]

  6. saw it on their page too! thanks Vince!

  7. Vince says:

    No prob. I usually don’t comment etc, but I think x-play’s move (and GMA’s mis-headlining the whole thing) left a terrible taste in my mouth.

    Anyway, goodluck to the local gaming industry after this fiasco :)

  8. […] We found some changes on X-play’s statement link, the fact sheet was remove all of the sudden (the Fact Sheet includes the minutes of the meeting of X-Play and Datablitz that was dated around September 6 to 28, 2012). You can find the original copy of the statement from Jayvee Hernandez’s blog. […]

  9. Johnny says:

    what are they fighting about?
    i buy my games online

  10. Marl says:

    what if like the statement said, Datablitz acquired their copies through unauthorized channels? I like their relatively low prices at DB for legit copies, but if they were acquired illegally, i think that’s not how I’d like to get my games. Sayang naman..

  11. noypi says:

    i think the issue here is “black market” – which in here was labeled “unfair competition”. statements from both sides heard. now we wait and see the meat that lies behind each. imo, xplay’s complaint that lead to the raid is valid. such also goes with other companies officially representing “specific” products experiencing black market issues. on datablitz side, was just wondering why they weren’t officially representing despite that they mentioned being in the game selling business for so many years. all db has to do is show they were given rights to sell this product. on the other hand, xplay has to show they are officially appointed for distribution here. :)

  12. @Johnny — Datablitz retail copies are cheaper than Steam.

  13. Gino says:

    This is quite shocking for what happened between DB and xplay. I guess there should have been a better way to do it. I usually buy my original games on DB not because of the price but the availablity of the games and the only store that sells original for the longest time (that’s what i’m aware of). But if I think about it when Diablo 3 was released, I saw it everywhere. Well I have to thank Xplay for doing that marketing effort. I guess I understand why xplay had to do this. I guess it’s because of the price drop that DB did, I know its for us consumers but I also understand the effect of the pricedrop to other stores. Parang kwek-kwek, kung yung 4 na vendor 3 pesos each ang benta then yung 1 vendor mag benta ng 2.50 syempre magagalit yung 4 na vendor. Well let’s just hope they could settle this because for me, the more retailers, the more games to have.

  14. […] [Update: 5:02 PM 11-6-12] X-play issues official statement through Blogger, Jayvee Hernandez: […]

  15. Marco Stone says:

    well I guess, this reflects the bad media practice that our country has right now, It creates bad publicity on both sides. xplay will suffer most, well indeed they are just protecting their rights and business, on the other hand, i cant accuse DB because they are been in the business for more than a decade and have already have its name as one of the leading distributor in gaming industry. It’s really more on business competition that i think can be settled down in a more peaceful way like in proper court…

  16. drv says:

    Gamers unite to support Datablitz.

    http://www.facebook.com/DatablitzFTW

  17. Mark Jon says:

    I don’t blame xplay! Next time DB should not smuggle anyamore

  18. […] X-Play Official Statment regarding this fiasco OFFICIAL STATEMENT OF X-PLAY […]

  19. anggulo says:

    Datablitz should explain how they acquired the said software and present some documents that can support their explanation.

  20. anggulo says:

    DataBlitz should explain how they acquired the software and present some documents or evidences that can support their explanation.

  21. gamer101 says:

    datablitz please be careful with my heart – xplay

    lol

  22. […] Statement of XPLAY regarding the Datablitz raid 2. Datablitz responds to the raid ————— […]

  23. RETAILERS TO AVOID says:

    iwas muna bumili ng games sa mga shops na to.
    para maramdaman ng x-play ang galit ng mga pinoy gamers. hindi tama yang ginawa nila.

    X-Plays list of retailers.

    Diablo III

    PCWORX
    iTech Trading
    F3 PCQuest
    BLINQUE TECH
    F3 Warzone
    CyBr Network & Internet Cafe Webworx
    i-Quick Access Internet Kiosk Webworx
    F1 Computer shop/icafe
    Dataworld
    Dwinar
    Open Source
    RAC Computer Center
    Technomart
    Bloqbox
    Cyvilnet Internet Cafe
    Netmode Internet Cafe
    Niczac Internet Cafe
    Paf Internet Cafe
    Vogz Online
    North Pole Computer Shop
    Megabytes
    Chill Inet Cafe
    Netviru
    Quantum Tech
    Mineski Gaming
    F3 Mineski Infinity
    F3 Gmick
    Digital Walker
    Beyond the Box
    Digital Hub
    Cebu Appliance Center
    Ed Cafe Kima Glass Company
    Acclaim
    Battle Station
    ADI
    Cyber City Ltd. Co.
    JRS Computer House
    Datalab Computer Systems – Malolos
    Datalab Computer Systems – Baliuag
    JLC School Mart
    Online Avenue
    Mai Mai Computers
    Atlantica Internet Cafe
    Game City – Holy Angel
    Game City 2 – AUF
    Netsomniac Internet Cafe
    GameWise
    Comsville Cyber Cafe
    PC Complex Dau Computer Center
    Project Zone Computer Services
    Polkadatcom
    Microworld Computers
    PC Gilmore
    Interpace
    Gameline
    Game Gizmo
    TEKE

    Mists of Pandaria

    iTech Trading
    Gameline
    Game Gizmo
    TEKE

    NBA 2K13

    Netopia
    Rustans
    GameStop
    Game Xtreme
    Quagmire Ventures, Inc.
    Toytown
    Grand Gaisano
    Planet Toys
    Metro Gaisano
    Automatic Centre
    Landmark
    Toy Kingdom
    Toy Kingdom Express (SM Department Store)
    ToysRus
    Toy Box (Robinsons Department Store)
    Abenson
    Ansons
    Lee Super Plaza
    Astrovision
    iTech Trading
    Astroplus
    SM Appliance
    Gameline
    Game Gizmo
    TEKE

  24. Cybertron says:

    who the fuck is XPLAY ? i havent heard of this bunch of morons and i’ve been playing since 90’s where i first purchased my SC from datablitz makati.

    riding on ““free ride” on the good will and marketing excitement established by XPlay”, are these retarded we beaurocrats been gaming at all ? veteran gamers don’t rely on hypes or marketing gimmickry …the rep of game production and the series of games is what makes us purchase, so marketing non-gaming dimwits, with or without your hype we will or will not buy … u think u can fool us from buying games we dont like?

    Datablitz has been the retailer for ORIG games, and this distributorship of XPlay was only meant to rake in profits for XPlay … controlling the goods so YOU idjits can control the price. Think again retards, we can buy expensive consoles, we also have access to buying these games abroad. push that xplay stickered local CDs up your access we gamers wont buy it.

    low move. u deserve ur own womit.

  25. Cybertron says:

    @Mark Jon “I don’t blame xplay! Next time DB should not smuggle anyamore”

    learn how to read facts dumbass or be prepared to eat the contracts. ALL game ORIG CDs pass through PHL Customs and tax paid.

    the issue is about distributorship, not smuggling or fake CDs dimwit. go back sucking your nanny.

  26. Arlene says:

    ^ Yeah, I heard xplay pulling some PR consultants to infiltrate famous sites, like this one to damage control. These people might be one of them

    Regarding the fair competition, it’s somewhat Ironic. I remember with diablo, the so called “official” local copies are a couple of dollars higher than the original price. Pano bababa yung presyo eh yung “official” distributor ang laki ng patong.

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