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.
Are you seriously listening to yourself? You honestly believe that every single user that got banned would have signed up again and started playing again? Thats a stretch and even if only one didn't that proves my point. Second if that was such an issue why isn't Blizzard sueing every user they have banned to get their 8 months of subscription fees? I'll tell you why cause that is plain stupid!
Sorry I am not going to figure anything and the court should not either. If Blizzard cannot prove it than it did not happen, you can look at it anyway you like but that is the way it goes. Not only that but Blizzard claims 10 million plus active subscribers, I can only take the exact numbers I know and Blizzard states only several thousand specifically referenced Glider unless more can be proven then that is all blizzard can use. I don't care what they assume. They can not get damages from this guy if they can't prove it was caused specifically by Glider.
As for players that would have played for 7 months but got banned because they used Glider, uhm to bad to Blizzard that is like a store suing a theif for all the future purchases he/she would have made if they weren't in jail! Give me a break.
I see so your analogies are the only ones that count?
No Blizzard specifically states that the damages are not speculatively, they say nothing of an average they are saying they want 8 months of fees for every player banned. That is complete crap.
No I am not, I am saying they can't claim damages that they can't prove are caused by MDY even if MDY admits they are causing damage Blizzard still has the burden of proof as to what that damage is.
No you are either assuming or your not there is no extent. Without seeing the unseen data your assumption is not better than mine. Judges are not infalable, in fact cases are overturned all the time. Even cases that are not challenged doesn't mean they are right, should I list them.
LOL yeah ok, sorry maybe if I can stop laughing at that analogy I would respond.
I don't need to reread anything, you either aren't listening or only hear what you want. I have been saying not that Blizzard doesn't have a formula or didn't come up with it through averages. What I am saying is I find their assumption that every player would have play the 8 months, they are flat out wishing there, they only deserve damages for the players they can prove would have continued playing WOW after the ban, my point is there is no formula or average on he planet that can give them that answer, it is a complete unknown, sorry but that is reality whether you (or Blizzard) like it or not.
Damn hit the wrong button!
Uhm my analogy was very relevant in what I was comparing and that was my comparison of Blizzards attempt at claiming damages. I was not refering to Blizzard sueing individuals. Again I am only talking about Blizzards attempt to claim damages ther is no way they can ever prove cause the information is not there, it does not exist. No matter what formula they use.
I absolutely never said that the judge was incompetent, that was you. Over turned cases and rulings do not mean a judge is incompetent it just means his interpritation of the law was not correct in the eyes of his peers, laws believe it or not are interpruted by judges. Also if you don't think reversed cases happen frequently you may want to look into that. Just as one example look up the 9th circuit they keep the supreme court very busy overruling their rulings in fact. Not only that but if individuals had unlimited funds I would bet that even more cases would be overturned.
You miss the point, I am only pointing out that even the 9th circuit court makes mistakes an frequently enough that the supreme court yearly hears and over turns more of their cases than any other. Just means a judge can be wrong and not incompetent as you some how seem to think. In fact 9th circuit judges are some fo the most respected! I guess you have never been wrong cause that would mean you are incompetent. Geez!
No it does not, that is quite possibly the goofiest thing I have ever heard. There are things such as mistakes or just differences in opinion. Laws are constantly overturned or changed that does not me that the individuals that created them are incompetent or stupid it can just mean they don't agree with the majority! Examples from just recently. hand gun ban overturned inn DC, Californina gay marriage ban overturned! Just to big examples of laws or desicions overturnd not because someone was incompetent. Glad you see everything as either black or white but real world just doesn't work that way.
Of course they lose money when the ban someone but again if they want that persons money have them prove they would have paide for 8 months. Not going to happen. Plus banning users is a cost of thier business. MDY had absolutly no contract or agreement with Blizzard no matter how you like to slant it. EULA does not equal law it cannot be applied to everyone whether you want it to or not so my point stands if they want money they need to sue the banned users and try and prove that they would have played for at least 8 months. THat is not possible, just like it is not possible for a store to prove a thief would have bought whatever over the next so many months of jail time. There is no difference.
Yep that is exactly what I am saying, glad you see how impossible it would be to prove, just cause you don't agree doesn't invalidate the point or make it fantasy. So glad you put infinite faith in the legal system. let me just say I am glad not everyone does otherwise we would be in a world of hurt. Questioning stupid rulings and laws is a good thing. Sorry your fantasy world doesn't accept that.
Yep I am insane and crazy because I think Blizzard is wrong in this case and this is a bad precedent to set. Apparantly I am not the only crazy out their, http://www.eff.org/deeplinks/2008/07/you-bought-it-you-dont-own-it oh yeah and public knowledge also thinks Blizzard is wrong. Whatever! I truly think all of you need the help, you can't seem to find the forest through the trees. This is not a simple Blizzard was wronged wha wha case.
Gee and even the court found that MDY didn't violate the DMCA by circumventing warden.
Jonnan001, welcome back fellow sleep deprived and/or insane one!
Please look back at the thread as I never said at anytime anyone can do what they want at anytime. What I did say is that I 'feel' (yes believe it or not these are opinions, including yours) that Blizzard just can't claim losses without proof and what I am saying is that what they are trying to prove is unprovable. Yes I know our legal system works that way however I am still entitled to think it is not ok and wish it changed. In fact I would wager that you don't agree with everything that happens in the world and it is your right to wish it would change, wouldn't call you childish or insane. As I said previously I am sure glad that people like Rosa Parks and our founding fathers didn't feel like you. I mean during their time people thought the way things were going was just fine! Does that make it 'right'?
Well again there are others (http://www.eff.org/deeplinks/2008/07/you-bought-it-you-dont-own-it ) like myself that disagree with you and on appeal or even without this case stands a very good chance of being overruled whether you like it or not. As you said the world is a complex place and just because you or a court says something is right doesn't mean it can't be changed!
Sorry it is quite easy to legally prove your name that is exactly why there are things called birth certificates, in fact good luck to you in a court of law if you need to legally prove your name without hard documented proof. Saying I can estimate my name cause that is what 400,000 people call me ain't going to cut it, call me deluded if you like.
Not going to argue this one anymore as it is off topic and I will never agree that just cause a judge was overruled that that makes him/her incompetent sorry.
As for this case it is still ridiculous, sorry my opinion has not changed and as I said it appears I am not the only insane one out there.
Have you even read anything that I have typed? Cause I have said all along that that is who Blizzard should be sueing if they want to collect damages, the case they have come up with is terrible and they deserve nothing. The users that have decided to use the bot are the ones that caused the damage. They could have easily decided not to do it, but they chose to they are the ones that broke the EULA.
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