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.
This is why I go for single-player or limited multiplayer games. I don't mind cheaters if they're not too obvious. I don't compare my character with everyone else's. But no major cheats, else I get mad.
Well that is pretty much the core of this whole thing, our legal system here in the states uses PRECEDENTS all the time! Without them the system wouldn't be half as good as it is. So why can't one take the something with similar issues and facts and compare it to something else (by the way this is what a PRECIDENT does)? So again I would say a radar detector is a pretty good PRECEDENT in this instance as it has been in practice for many years.
Sounds to me that those saying you can't are the ones whining (I want it my way).
For the matter of copyright infringment or whatever. I have been playing WOW for a while now. Blizzard does allow 3rd party programs, to AID in the gameplay. Simply Blizzard allows addons where the player (person) is still in control of their character and operating the computer (game). Anything other than that is considered a violation of the EULA. Anything that is considered an exploit or hack is in violation also. The rumored toolbox. which allows a character to edit their stats, essentially going up and one shotting a boss, well obviously that is a violation, as it conflicts with the original manner of gameplay mechanics. Within WOW, there is a fine line between hacks, cheats, exploits, and strategie.
I havent read what "Bot" this guy was using. But if he was using anything that effected any other character, group, or the economy of the server for personal gain, he will be dealt with by blizzard accordingly to the full extent of the law.
And so fo the copyright portion, from my ideas on it. If the person bought a WOW client, and purchased an account, blizzard grants them ACCESS to the server. Under the EULA, the user agrees when logging into the game the first time, that from then on, using their account they are by law to follow the EULA. Stating that they are not to upload any 3rd party programs that effect the world of warcraft environment, enhabitants, or economy. Along with many other things. If this person created/sold a "bot" that did so hes in violation of EULA, and EULA being a contract it is not a copyright issue. However, one could say that him selling this program IS copyright issue. As it is a transfering of data that withholds information that BLIZZARD has copyrighted.
For an analogy. Since CDs are a big issue with copyright. A person goes and buys a CD from a store. The person goes home and plays the CD. They dont like how the CD sounds, so they go on their computer and create a mix/remix of the CD and sell it. The person uses the same tempo and beat, but changes the lyrics. (weird al yankovich has been sued by almost every artist he has done parodies of. Coolio with Gangsters Paradise, weird al doing Amish Paradise)
Now its not the SAME thing. But copyright law doesnt state that it has to pertain to COPYING, just because its in the name. It also has to due with the alteration of the original media for resale. This of course has to do with copyright laws of media, as there are different types. So this guy selling a bot/hack with blizzard data on the program IS a copyright issue.
Blizzard DOES incurr expense trying to fight these things. They are constantly having to develop measures to catch them. and the bot creators are constantly trying to circumvent Blizzards newest counter measures. Proof positive of malicious behaviour.
And Blizzard does have a program that runs in the background of World of Warcaft FYI. I forgot the name of it, but while your World of Warcraft client is activated, the program logs everything that your character does ingame, as well as what addons you use, and bundles this up and sends it to blizzard. The reason that they are able to catch people is by #1 ingame submission of a petition to GM notifying of shady behaviour or someone hacking. Then #2 the GM locates the character for observation. then #3 blizzard if extreme case can check the information from that IP address and determine the situation. This is how they caught and banned people for using speed hacks (perrson would run 300% normal speed). This was usually used by dwarves on servers as they have a prospecting trait to see mining veins, the person would speed around zones mining the veins, then sell them on the auction house.
Now that is something I can 100% agree with. People in general love to fix symptoms, rarely do we ever try and fix the disease. I would say until we start fixing the "diseases" not the symptoms we are not fixing or really helping anything.
Although isn't it impossible for polotics and common sense to go together?
Well one can always hope, in fact without hope what does one really have anyway!
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