In his summary ruling on Blizzard's case against World of Warcraft cheat-maker Michael Donnelly (released yesterday), District Court Judge David Campbell has stated that the act of using a bot in violation of a game's license or terms of use qualifies as a copyright violation. Huh?
Just to get it out of the way, I'm as much against cheats as the next guy. As a WoW player in particular, I'm glad to see Blizzard shut down the cheaters and cheat-makers. But this ruling doesn't make much sense to me; it seems like a case of the judge just trying to find a way to cover something which doesn't really cross any real existing laws. Worse, it sets some (arguably) nasty precedent, effectively making EULAs law (any violation is a violation of copyright), rather than simple contracts where the most you can lose is your right to use the software.
Strangely, the judge actually dismissed Blizzard's claims that the cheats violated the DMCA. Given the amount of use the DMCA gets in such cases, you'd think that the ruling would have been the other way around, at least. In any case, it seems the case is now going to trial to decide the DMCA portion for certain.
What do you guys think? Should this ruling stand? Personally, I think that it shouldn't--stripping cheaters of their access to the game and perhaps making a civil claim against the cheat-makers for damaging the game for everyone else is justified, but making any EULA violations illegal, as Judge Campbell (inadvertently or otherwise) has done is going too far.
BigDogBigFeet ...you are on the wrong page with that one.
The 'injured party' includes all people affected by the program and by the people using the program...and that includes the majority of WoW players at a disadvantage by NOT themselves using the program but instead following the guidelines/intent of the game itself.
When a 'cheat' adopted by one online player affects the outcome and gameplay experience of another it is the OTHER person who suffers 'injury'.
If the program is found to be unlawful to sell/distribute it's customers can also be seen to be disadvantaged through financial loss...and make a claim for restitution....but that has absolutely nothing to do with their use's effect on the other players....a far wider impact that is plainly unfair and imbalanced.
This is like ruling that WinAmp is illegal because it lets me copy pirated MP3s into RAM and then play them. I guess that means the iPod is too. So is any debugger that I could attach to the WoW process.
If there's any proof that the government is out of touch with technology, this has to be it.
Ditto.
It appears it's not appropriate to refer to someone by 'name' when actually responding to them.
WIllythemailboy got it right....totally, succinctly and precisely in #65.
Oh poo...I refered to someone by name....
Come on this is not breaking coyright or a law. Blizzard is just going way overboard. If they don't like what a user is doing on their servers ban them then move on. Anything else is just petty.
As for people losing the enjoyment of there game, give me a break, I would bet that none of the users on WOW even knew it was happening let alone affected them. Second what stops me from sueing Blizzard because I start at a disadvantage in WOW if I start now versus someone that has been playing for over a year and kicks my ass! That sure as hell ruins my enjoyment.
This is just one more example of Copyright law out of control. Not to mention people seem to think they have some strange belief they have the right to go through life without being disappointed or offended. Suck it up and move on.
Blizzard not having a case to answer. More fool you for not getting into the game from the outset...and thus be on a level playing field.
People using the bot are playing 'catch-up' in a way not intended by Blizzard...so Blizzard rightly removes them, but having this bloke continuing to make the bot available means that either Blizzard is obliged to continue also removing people...or better still simply have the availability removed.
No individual outside of Blizzard has the right to alter the game-play of their product. That 'right' is Blizzard's alone.
Blizzard not having a case to answer. More fool you for not getting into the game from the outset...and thus be on a level playing field. Uh yeah I know I was just making an absurd example. Kind of like the absurdity of this one. Yep and and Blizzard has every right to keep banning people if they are dumb enough to keep buying the bot. To use the radar detector example no one can sue the manufacturer for people using their device to do something illegal no matter how much it ruins someone elses driving pleasure (even to the point of anothers death). As for altering the game play hmmm not sure about that as I am not aware 100% how the bot works, but if it only plays the game for you as some have said there is no game play altering, automating commands is not altering game play, however as I said I don't know exactly how it works.
Uh yeah I know I was just making an absurd example. Kind of like the absurdity of this one.
Yep and and Blizzard has every right to keep banning people if they are dumb enough to keep buying the bot. To use the radar detector example no one can sue the manufacturer for people using their device to do something illegal no matter how much it ruins someone elses driving pleasure (even to the point of anothers death).
As for altering the game play hmmm not sure about that as I am not aware 100% how the bot works, but if it only plays the game for you as some have said there is no game play altering, automating commands is not altering game play, however as I said I don't know exactly how it works.
It's interesting...on several levels how some people 'get' the issue and others do not.
commando000 in #70 gets it quite well....
The frustrating thing is the bot creator is likely not 'worth' what Blizzard could show as 'loss' so ultimately Blizzard still loses.
Perhaps neutering could be an option....
Thats just sick and makes me glad I dont live in the USA. Course, chances are fucked up judges elsewhere in the west could have ruled the same.
As long as you pay for the subscription fee and dont disrupt the service I say you could do anything you want to inside the WoW gameworld, although engaging into PvP with a speed hack/teleportation hack would obviously be something I would'nt condone.
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