My thoughts? I don't like WoW...

Kryo...you're totally correct there...but that's probably not the issue at all.  This bloke who created/sells the bot program thingie is altering the intent of the game....to be played [online] amongst fellow [human] players.  There is supposed to be an advantage to a player if he uses a bot to remain engaged with the game 24/7....specifically to the detriment/disadvantage of others who do not use it/one.

THAT is where Blizzard will be able to screw this bloke....on behalf of the players who are unfairly discriminated against.

Or...

Every WoW player on the planet NOT using this guy's bot can enter a class action suit against him for loss of fair game-play enjoyment.

Either way, think more than knee-deep in poo....

I'm not so sure I agree with the premise that one's alteration of a game even in a multiplayer evironment greates a genuine tort action to those who now feel cheated upon discovery. WoW even indicates in their License and Services agreement that offenders accounts will be terminated. They've already stipulated the remedy.

As to the developer of the software that enables this "cheating" he isn't bound by any such agreement anymore than I am.

I could write "I think WoW sucks because I can't cheat when playing" and no matter how much some whining baby cries their enjoyment of the game is now ruined by my statement no court will consider that a valid tort was created by me in such a matter.

I think my example of someone is caught "cheating" during a game of monopoly and now all the other players can sue this "cheater" to compensate them for loss of enjoyment of the game is a good point.

Blizzard says you can only play their game with their service and software unmodified well, fine. It still doesn't constitute a valid tort in my opinion should someone fail to comply with such a simple provision. Losing the privalege to continue using the software and service is more than adequate.

By the way, after having read their agreement, I would not even consider purchasing and playing their game. It stipulates anyone's access to the game and service can be terminated without cause. This sost of outrageous one sided rubish is what you get from monopolists.

EULAs themselves are illegal and (theoretically) void. At least in Germany. I wouldn't try to sue any game company over it, though.

Ok, if you rather want to play a game with massive bots users, since the gms would not have any legal way to ban them except by sueing every single one for breaking the eula.

And this clause is not something blizzard specific. You will probably find it in any MMORPG.

Bodyless you miss my point. Anyone's access to the software and service can be terminated without cause is what I would not accept. As a result, my action to not buy the product or service is reasonable.

gaming industry = going down.... fast....

they sued someone on the wrong topic.. he did cheat, i agree.. but they sue him in copying ?????

theyre putting to much effort in the wrong spot + only making it worse, im realy curious how many companys wil remain. they scare of more and more customers and theres already so much where i have to look at before i buy games, who produced it in combination with whom, who wil help me when i get a problem......
technical help...."yah you should buy that 380$ upgrade kit, then the game should work.... (like NO WAY)

i feel like people try to steal money every move i make trying to fix something wich i already bought at a to high price (pirates mostly help me with that stuff)

if this keeps going downhill i'll have a very game-less life ahead of me.....  

Wouldn't it require the use of the source code to create such cheats? Would that not be a copyright violation?   

No, Blizzards argument seems to be that the bot circumvents Warden, which is Blizzards DRM system. However, the bot doesn't do that. You still require a legal copy of WoW, you don't violate the copyright.

Also, Blizzard sues the developer of the bot for profit losses because of reduced playtime of the gamers.

The developer can't control the actions of the purchasers of his product. A registered user will still be longed into the system when this software is running. A breach, if any, of a EULA or Services contract in this case is born by those who used the cheat software. Just because an agreement contains provisions doesn't necessarily mean they are enforcable. Blizzard has a remedy. Discontinue services to those who have breached the terms of any agreements with Blizzard.

I would love ........ really love ...... some legal beagle to come up with "The Law of Common Sense 2008".

The prospect of watching the inevitable Retard yelling about how the concept of Common Sense violated his Constitutional Rights really appeals to me ......   

Regards
Zy

if blizzard cant control the world they've created thats their problem, they can ban u and everything so they can kick u out of their world whenever they want to.

Actually takin someone to court over this just shows to me the loosing of grip on reality.

Now im not saying there aint no exeptions, like some pervert pedophile or somethin, thats a case upon itself.

But takin someone to trail because he makes cheats?
U can ban him/her and if u cant thats a flaw within ur own software, u cant take someone to court for this in my eyes.

I mean its not a real event or crime, he/she didn't copy or resell the game.
Besides, using cheats is ur own risk.

I dont see how the maker can be resposible for what people do with his script/software.
I mean the people that use his cheats make that disision on their own.

In my eyes, world of warcraft is a "world upon its own" with its own community and its own rulez, completely seperate from real life.
So it seems to me people need to keep in mind that the bottom line is: ITS NOT REALLY HAPPENING, ITS AN ILLUSION!!!
Also, imagine EA takin someone to court for cheating in BF2 or something!

I like how everyone's making Blizzard out to be some kind of heavy handed tyrant in this issue.  In my experience, Blizzard goes out of their way to NOT restrict folks from using their service except when explicit evidence is found that they're breaking the EULA or TOS.  In the cases where folks have been banned from the service due misunderstandings or false positives (see the incorrect bannings of folks running WoW under Cadega), they are more than willing to reverse the decision after being shown it was a mistake.  In fact, in the Cadega incident (which happened as part of a mass banning of WoWGlider/Glider users, ironically enough), Blizzard worked with the Cadega developers to correct the issue with Warden that generated the false positive in the first place.

As for the lawsuit in question, everyone assumes that Blizzard is going after MDY because of some perceived injustice/violation.  Blizzard was doing fine with banning the users of the software, as was their right under the agreed upon TOS/EULA.  And it's made after every patch (just had to acknowledge agreement to them again last night due to the latest patch landing) so it's not like it's a sneakwrap issue.  Blizzard COUNTERsued MDY after the idiot sued Blizzard for banning users of his program.  On top of that, it's not like Blizzard is going after some guy that wrote a workaround and then was freely distributing it.  MDY is selling Glider licenses for use by players.  So, he's making money off of the violations as well as inducing others in breaching a contract.

 

As i see it, why is it wrong that he's askin money for his script/software when people use it at their own risk, i understand MDY's case had no leg to stand on but neither does blizzards.
In my eyes it would be the same as takin Nero to court for sellin software thats being used to copy copyright licenced cd's.

or Microsoft because media player has a rip cd function in it, using it is at your own risk.

Place the label of cheat on what is really just a MOD to a game software and the taint of a suspected criminal conduct begins to develop. The people who bought this developer's MOD did so at their own risk. That the developer was foolish enough to throw away his hard earned income by sueing Blizzard shows that yep he brought the counersuit on himself. I wonder if the attorney he contected about his desire to put a stop to Blizzard's banning of his cutomers explained that part to him.