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霸王条款?网易3年将为暴雪贡献20亿

  昨日,有媒体拿到了网易2008年度的20-F表格(即美国证券法规定的上市公司年报陈述表),从长达191页的陈述书中我们找到一些大家都感兴趣的内容。

  On behalf of Shanghai EaseNet as licensee of the above mentioned games, we have paid to Blizzard RMB27.5 million (US$4.0 million) as an initial license fee as of December 31, 2008, with an additional RMB40.9 million (US$6.0 million) to be paid as an initial license fee upon the commencement of open beta testing and commercial release in the PRC of a localized version of Blizzard’s Battle.net platform. In addition, Shanghai EaseNet has committed to pay royalties and consultancy fees to Blizzard and a minimum marketing expenditure and hardware support for the above-mentioned games in the aggregate of at least RMB592.8 million (US$86.9 million) over the three-year term of the license.

  网易于去年12月已支付2750万人民币(400万美元)作为《星际争霸2》的版权费,在国内暴雪战网开始公开测试后还将支付4090万人民币(600万美元)的中华人民共和国区域战网的代理费用。除了这些外,网易还在战网运营期间内还将支付一定比例的盈收给暴雪,在三年代理期间内最低不少于5亿9280万人民币(8690万美元)。

  In addition,in connection with the licensing of certain online games by Blizzard to Shanghai EaseNet for operation in the PRC on behalf of Shanghai EaseNet as licensee of the games, we have paid to Blizzard an aggregate of RMB232.0 million(US$34.0 million)as initial license fees as of May 31,2009.

  网易于今年5月31日支付暴雪2亿3200万人民币(3400万美元)作为在线游戏《魔兽世界》为期三年的版权费。(最低营运利润保底金额未提到)

  The figures are calculated on the possibility that StarCraft II is launched in 2009 do not include our contractual obligations with regard to the licensing of World of Wracraft which was agreed in April 2009. In addition, as of Decemeber 31,2008,Shanghai EaseNet is obligated to provide RMB109.6 million(US$16.1 million)for hardware to support the games over the three-year term of the license.

  网易在三年中要最少提供1亿960万人民币(1610万美元)用于购买支持所代理游戏运营的硬件设施。

  In April 2009, Blizzard and the Company announced that Blizzard’s World of Warcraft will also be licensed to SH EaseNet in mainland China for a term of three years following the expiration of its current license agreement on June 5, 2009 with another game operator. This new agreement is in addition to the announcement of both companies’ partnership on Blizzard’s Warcraft III, StarCraft II, and Battle.net gaming platform previously made in August 2008. Under these license agreements, SH EaseNet is required to pay license fees, royalties and consultancy fees to Blizzard for the games, and it also has a minimum marketing expenditure commitment.

  Over the three-year terms of both licenses, the total committed amount for the above-mentioned items are approximately RMB2,057.1 million (US$301.5 million). SH EaseNet is also obligated to provide funds for hardware to operate the games. The Company has guaranteed the payment of the foregoing amounts if and to the extent SH EaseNet has insufficient funds to make such payments. The Company or its subsidiaries will be entitled to reimbursement of any amounts paid for the marketing of the games and for hardware support to operate the games under the guarantee from any net profits subsequently generated by SH EaseNet, after the deduction of,
among others, various fees and expenses payable to Blizzard, the Company and its joint venture with Blizzard which will provide technical services to SH EaseNet.

  《魔兽世界》、《星际争霸2》、《魔兽争霸3》及战网的总计确认费用为20亿5710万人民币(3亿150万美元),不包括购买运营所需的硬件设备的费用。

  Blizzard has the right to terminate the license of the foregoing games under certain circumstances.

  在特定条件下,暴雪有权单方面终止之前相关协议。


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