Opinion? What's that?
Published on July 15, 2008 By kryo In Personal Computing

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.


Comments (Page 10)
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on Jul 18, 2008

So...Blizzard suffers $18 million loss per annum....and the 'guilty party' is worth 2.8.

Looks like he's going to have to be melted down for Yak Fat to get much more than that....

on Jul 18, 2008

um ?? I never said they werent multiplayer ,just that you didnt have to pay a monthly subscription to play once you bought it .. Go buy one and test it out..no pay to play

What are you talking about?  I play multiplayer games all the time without paying a monthly fee! In fact I play MMOs alot without a monthly fee (won't play one with a fee) such as Guild Wars, Archlord, Runescape, Fury, 9 Dragons and those are the ones I have played there is a long list of other free MMOs and more release all the time, but either way you are flat out wrong multiplayer is alive and well and still free, cheaters (oh my) or not.   At least this is true on the planet I call Earth!

on Jul 19, 2008

Blizzard claims $10.5 million losses from accounts banned due to glider use - accounting method assumes each banned account would have continued subscribing an average of seven months had it not been banned.

This has to be the worst of all, total speculation how someone can claim this is beyond me.  So they are assuming that all these subscribers that were to damn lazy to play the game and cheated would have played it for seven more months with out Glider?  I somehow find that unlikly some yes but not all.  Unless you can prove it sorry Blizzard no money for you!

Blizzard had received more than 465k complaints about bot activity in general, with "several thousand" specifically referencing the Glider program. An unspecified number of additional complaints have been registered on the official WoW forums.

Wow several thousand users complained about Glider out of over 10 Million seems like proof to me.  No mention of whether these were all unique or the same users.  So let me see a well known bot gets all the complaints wow, sounds to me like another bot could be seen as Glider by a player, again no proof just cojecture.

Blizzard spent $970k per year specifically combatting bots during the same period. An expert witness called on MDY's behalf could only name ONE additional bot program currently usable on WoW.

Well I would believe that if I couldn't do a google search and find loads of cheats and bots for WOW.  Some expert that guy was must not have heard of Google.  Also correlation does not equal causation, I saw nothing in there where Blizzard showed anything other than wild speculation in regard to this point.  Sounds like they are trying to get all there losses covered by this guy whether or not he caused them.

on Jul 19, 2008
"The particular cheat in question, as I understand it, doesn't modify anything. It basically just plays the game for you."

What..what...wait....this cheater is a pretty smart dude. Getting a program to do WoW for you, meaning, he doesn't have to be in front of the thing for grind fest. I say that is pretty good deal. I think whomever the judge that hand out the judgement should try his/her hand on WoW for a few months, maybe then, that judge will change the ruling in the cheater's favor
on Jul 19, 2008
I thought the whole idea of playing a game was to play the game    Must have missed something somewhere... 
on Jul 19, 2008
This has to be the worst of all, total speculation how someone can claim this is beyond me.


They may not have disclosed the exact methods for obtaining the numbers to the public, but I'm sure that in court they did indeed show that their methods are not "mere speculation."

So they are assuming that all these subscribers that were to damn lazy to play the game and cheated would have played it for seven more months with out Glider?


I don't know. I don't seem to have access to the "Castronova Supplemental" referred to by Blizzard, which would contain the exact methods and reasoning for the numbers. It's probably sealed information.

In a court of law, however, I would say that this is not assumed without reason, and the supplemental they referred to likely contains all of the reasons for this being a valid assumption.

Sorry, but I only have access to the documentation that is available to the public.

I think whomever the judge that hand out the judgement should try his/her hand on WoW for a few months, maybe then, that judge will change the ruling in the cheater's favor


I seriously doubt it. I've been playing WoW for several months, and I still hate cheaters with a passion.

It's not a good deal: It gives the owner of the bot an unfair advantage.

Wow several thousand users complained about Glider out of over 10 Million seems like proof to me.


Several hundred thousand. You're off by a rather large factor. That's about 5% of their entire consumer base. If 5% of my users complained about something, you'd bet I wouldn't ignore them!

So let me see a well known bot gets all the complaints wow, sounds to me like another bot could be seen as Glider by a player, again no proof just cojecture.


Again, the precise figures and methodologies for obtaining them do not seem to be available to the general public. It's very well possible they have all of the proof they need. You are only assuming they don't.

In addition, the judge hasn't ruled on the damages yet, so we don't know how much he is accepting. We probably won't see much more about this case until September.
on Jul 19, 2008
Okay, but how is what Glider does different from holding a copy in RAM, as it relates to copyright law?Physically, not at all.Legally, by using Glider you've violated the EULA. Thus Blizzad has the right to terminate your ability to use the WoW program, as you are no longer in compliance with the terms necessary to avoid breaking their copyright on that program.


WIlly,

What on earth does the EULA have to do with the copyright? Maybe I'm missing something; honestly, I don't read EULAs very much. Nevertheless, I don't see how a violation of a ToS or EULA constitutes a breach of copyright law, and that was my original point regarding the question of copyright law.

on Jul 19, 2008
I thought the whole idea of playing a game was to play the game    Must have missed something somewhere... 


Fuzzy,

I think, questions of legality aside, this is the main argument for not using bots. If you don't like playing WoW, why are you ponying up the $15 US a month for the privilege of doing so?

I've played a number of games that tout replayability as a feature, but there are very few games that I've actually replayed all the way through (mostly older single-player RPGs). So if the argument is that you want to replay it without "replaying" it, then that says to me that you must not have enjoyed it that much the first time through.
on Jul 19, 2008
So...Blizzard suffers $18 million loss per annum....and the 'guilty party' is worth 2.8.
Looks like he's going to have to be melted down for Yak Fat to get much more than that....


That $18 million is only what they estimate from people quitting in disgust. If you add in lost revenue from banned players and money spent combatting Glider, it's closer to $30 million.

This has to be the worst of all, total speculation how someone can claim this is beyond me. So they are assuming that all these subscribers that were to damn lazy to play the game and cheated would have played it for seven more months with out Glider? I somehow find that unlikly some yes but not all. Unless you can prove it sorry Blizzard no money for you!


That number was based on the average amount of time to get a level 50 character. By Blizzard's estimate, it takes a typical player 8 months to reach level 50, compared to the bot doing it for you in less than one month.

This seems inflated to me, as well - simply because it doesn't account for what percentage of those banned bought another copy and got right back into it.

Well I would believe that if I couldn't do a google search and find loads of cheats and bots for WOW. Some expert that guy was must not have heard of Google. Also correlation does not equal causation, I saw nothing in there where Blizzard showed anything other than wild speculation in regard to this point. Sounds like they are trying to get all there losses covered by this guy whether or not he caused them.


First, not all data is being released to the public.

Second, the expert was commenting on USABLE bots - ones that are nearly undetectable.

Third, MDY agrees that Glider is responsible for most of Blizzard's bot-related expenses. When even the offender admits they're causing the problem, the facts aren't really in dispute any more.

WIlly,

What on earth does the EULA have to do with the copyright? Maybe I'm missing something; honestly, I don't read EULAs very much. Nevertheless, I don't see how a violation of a ToS or EULA constitutes a breach of copyright law, and that was my original point regarding the question of copyright law.


Legally, the act of loading a game from your hard drive into RAM constitutes copying the game. Under normal playing conditions, the user has the company's permission to do this, so the copying does not constitute infringement.

However, if the EULA has been broken the user no longer has the company's permission to copy the game in this manner. Once the user's EULA-granted privledges have been revoked, loading the game becomes an act of illegal copying. This is not new to this decision, there are several precedents on exactly this issue.
on Jul 19, 2008
That number was based on the average amount of time to get a level 50 character. By Blizzard's estimate, it takes a typical player 8 months to reach level 50,


Started a new character 1 month ago. Hit level 50 this week.
To take 8 months would be weekend playing only and then only a few short hours at a time.
Still, that's 8 months of subscription regardless.

So they are assuming that all these subscribers that were to damn lazy to play the game and cheated would have played it for seven more months with out Glider?



You bet your ass they would have! Do YOU have a WoW account? If so, you would understand.

I know a few people that have got busted using a bot. They got banned and went out and purchased another copy of the game and had to start from square 1 again. You can bet that they will not be using any bots again too.
Not all people would go to that extreme though.

WoW has become much more than the average MMORPG. I know of entire families from Great Grandma on down that play. It's much larger and deeper than you realize, almost to a sick extreme.
Blizzard has alway had problems with asswipes trying to cheat the system since Warcraft I. I certainly don't blame them at all for putting this guys family jewels in the legal vise either. Perhaps it will motivate other crack developers to think twice (or at least not be so stupid as to charge people for the crack).
on Jul 19, 2008
Its times like this that I REALLY appreciate CCP(makers of EVE). Dont they fly up selected players to discuss policy with?
on Jul 19, 2008
Started a new character 1 month ago. Hit level 50 this week.
To take 8 months would be weekend playing only and then only a few short hours at a time.
Still, that's 8 months of subscription regardless.


IIRC, they based the 8 months on 480 hours of gameplay to get a brand new character to level 50 without outside assistance (gear, money, etc from another player/character), playing about 2 hours a day. The bot can do the same in 3 weeks, assuming uninterrupted play.
on Jul 20, 2008
By the way, the real point is not the damage it causes to other players, but rather the damage it causes to Blizzard. The damage it causes to other players is a side issue, and unlikely to be a large factor in the judge's decisions.


On the contrary, since WoW is a subscription game, damage to other players means canceled subscriptions, which means damage to Blizzard.

That's why Blizzard's case includes complaints from 400,000 accounts about this. If damage to players was irrelevant, those complaints would be irrelevant.

Wow several thousand users complained about Glider out of over 10 Million seems like proof to me. No mention of whether these were all unique or the same users. So let me see a well known bot gets all the complaints wow, sounds to me like another bot could be seen as Glider by a player, again no proof just cojecture.


Figure that for every customer that complains, approximately ten do not. 465,000 complaints means 4,650,000 people aren't complaining, but are unhappy. I think the total number of players in the US and EU comes to approximately 5-6 million, so odds are good that the majority is unhappy with this.

Also, the average WoW player subscribes for 7 months. A lot of players who would play normally otherwise give glider a try and get banned.
on Jul 20, 2008

Again, the precise figures and methodologies for obtaining them do not seem to be available to the general public. It's very well possible they have all of the proof they need. You are only assuming they don't.

Sorry but without the same documentation you are saying I am missing you are only assuming also.  Which is what this whole thread is about!

Several hundred thousand. You're off by a rather large factor. That's about 5% of their entire consumer base. If 5% of my users complained about something, you'd bet I wouldn't ignore them!

Sorry I think you need to reread or read for the first time, as even the court doc says in the footnotes "While not all complaints specifically reference Glider, several thousand do, reflecting Glider’s status as the most well-known bot in the WoW universe.  (SOF ¶ 226)." so again it was not several hundered thousand it was only several thousand!  Large difference.  Also I never said Blizzard shoud ignore them I just said they should continue to ban user not sue.

on Jul 20, 2008

First, not all data is being released to the public. Second, the expert was commenting on USABLE bots - ones that are nearly undetectable. Third, MDY agrees that Glider is responsible for most of Blizzard's bot-related expenses. When even the offender admits they're causing the problem, the facts aren't really in dispute.

First that means you are assuming just like me!

Second I thought all bots were harmful sounds like they are using this one to gain back for the ones that aren't as well known also.

Third the key word is most!  that means there are others, and you say that this is the only one and should pay for everything is wrong!

This seems inflated to me, as well - simply because it doesn't account for what percentage of those banned bought another copy and got right back into it.

Not only that but how do they know these subscribers would have continued playing if they couldn't cheat?  I am sure some would but come on you can't know that for sure period.

 

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