ahhh.....good point. I actually had the same thought and I found these items in the contract with the analysis below that.
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4.11 WarGaming shall submit all updates and add-ons for the WOT in English language; the Company will translate all such updates and components to Chinese using localization kit at its own cost and will provide localized assets for the WarGaming to integrate at WarGaming's sole cost; the Company shall be responsible for final testing of such localization integration.
4.12 The Company has the right to request updates and add-ons specific for the PRC, Hong Kong and Macau, and parties agree to work in good faith to determine which of such updates and add-ons must be developed by WarGaming.
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- The Company obtains all updates and add-ons for the WOT in English language from WarGaming and the Company translates all such updates and components into Chinese in order to localize the WOT for the PRC market. In practice, the Company conducts this localization process with WarGaming's technical assistance but is not required to obtain approval from WarGaming before releasing the updates to the public. In addition, the Company will specifically request for updates and add-ons that are tailored for the WOT players in the PRC. Overall, the Company has the right to determine if it will utilize such updates and add-ons and it is responsible for designing and specifying those update and add-ons to satisfy the needs of its WOT players in the PRC.
- Although the Company may not modify the WOT content without the prior written consent of WarGaming, the purpose of this contractual restriction is to protect the interest of WarGaming to avoid any copyright infringement by the Company. In practice, the Company has designed the Chinese Tank Tree, which is considered an important factor in arousing the interest of WOT players in the PRC, and WarGaming then programmed the feature into the WOT. In addition, the Company performs all the activities related to hosting the WOT platform, WOT community management, customer support, etc. as detailed in the above section to fulfill its services obligation to its WOT players. This clause does not preclude the Company from having the sole and exclusive right to operate and sell the WOT in the PRC market and make quality in-game items, upgrades, enhancements, and localized updates and improvements if necessary. Accordingly, the Company performs part of the service related to the players’ overall WOT experience that provides much more value in addition to the marketing and distribution of the WOT.
Conclusion:
Although the Company may not change the WOT content itself, it is highly involved in the modification of WOT content. In addition, as mentioned in the section "The Entity Is the Primary Obligor in the Arrangement" above, the Company performs substantially all of the critical elements of its online gaming services for fulfillment of service obligations to WOT players.