Game Cheats Are Illegal?

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 4)

aufisch

on Jul 16, 2008

And there, in a nutshell is why I have exactly ZERO interest in playing WoW or any other online role-playing game.

Z. E. R. O.

Amen

As to the topic. I can see Kryo's point here. Court-rulings tend to create/change the law as they set a precedent and writing and selling a helper-program should not become a crime.
Blizzard can (and should) still ban anyone using the program.

Jafo

on Jul 16, 2008

Let me clarify the legal situation. The EULA roughly translates to the German 'AGB', which basically tell you when and how much warranty you get, what sort of damages are not covered, rights for usage, etc.

When making references to 'clarifying the legal situation' the use of the phrase 'roughly translates' won't be appropriate.

You'd by definition need to be somewhat less 'rough' ....

Annatar11

on Jul 16, 2008

I'll throw this into the mix, since we started going into international laws.

This year, ArenaNet/NCSoft segregated the entire Taiwanese player population in Guild Wars because of a law passed there that made it impossible to suspend/ban anyone engaged in gold farming and real money trading.

Source.

Should all companies start doing that, then, if a few countries decide to declare all their EULAs void?

Jafo

on Jul 16, 2008

writing and selling a helper-program should not become a crime.

aufisch...in this case it should....as the use of the 'helper' affects others. This is third-party injury...

pndrev

on Jul 16, 2008

But Blizzard is not a German company

Not easy to formulate this in a foreign language...

You bought the software in Germany. Blizzard HAS a German distribution centre, believe me. They have German support hotlines. The software is used in Germany.

Therefore they have to adhere to German laws. Otherwise just about every company could do whatever they want.

"Cars? Who needs German restrictions, we're a British company."
Sorry, if you sell products and have a local representation, the laws are in effect. You can see that in the gaming / movie sector and the sometimes vastly different age ratings.

You'd by definition need to be somewhat less 'rough'

The roughness is mostly caused by the fact that I can't express the legal stuff adequately in English. Also, I clarified it in the sense that my former statements were even rougher and there seemed to be an interest in what I meant specifically.

Let me add that in this case, I completely understand Blizzard. I just wanted to point out to those fixated on the EULA that this American law isn't in effect everywhere else on the globe.

aufisch

on Jul 16, 2008

the use of the 'helper' affects others.

Hence the right (or even duty) of Blizzard to ban/punish (in a virtual way) anyone using it.

This is third-party injury..

Well, that's a bit of a stretch. I agree that it affects their game-play, but injury......

The only way I can think of this as a legal case would be if Blizzard would have to implement costly counter-measures to detect the people using the helper-program. In that case, Blizzard has (in my opinion) every right to try and instigate a civil-lawsuit in order to get back some of their money.

Even then, I don't think it should be more than a civil case.

Annatar11

on Jul 16, 2008

Sorry, if you sell products and have a local representation, the laws are in effect. You can see that in the gaming / movie sector and the sometimes vastly different age ratings.

That's quite different, though. The ratings are attached to products before they ever go on sale. They govern only the where and how a product can be sold and apply only to the distributor, not the developer (it just so happens that Blizzard is both) and not the enforcement of the developer policies.

The EULA is an agreement that basically specifies how a user is allowed to use the software for which he purchased the license for, and what the provider of the service can do if the agreement is broken.

Also, from a little bit of google digging, it appears that German law applies mostly to the "criminal" side of the fense, meaning Blizzard would not be able to charge someone with breaking a law for violating the EULA, but it can still police the user's account/file civil suits based on its policy.

BigDogBigFeet

on Jul 16, 2008

Well I think kryo's title Game Cheats Are Illegal? does indicate the matter. I also believe the only possible injured party in this are the customers who bought this developer's software but, only if they were mislead in purchasing it in some material way.

I think Blizzard was even surprised by the verdict on this one. Should be interesting how it all sorts out legally. Plenty of courts have made poor decisions. I'm thinking that that's what this one is a poor decision.

Philly0381

on Jul 16, 2008

My thoughts on this.

The subject seems to say and usuallly we accept Cheats = Illegal.

I don't play game one, so I'm really upset that this had to find it's way into the courts and a judge was needed to make a decision. Yes, I understand it's not just about a game, I get that.

Justs seem a waste of the system that is over burdened enough with handling and settling real problems.

I'm sure that I am not seeing the big picture here, but just can't get it out of my mind that this centers around people playing games. I guess life has just past me by in the fast lane.

Bodyless

on Jul 16, 2008

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.

No i dont. they wont just go around and ban ppl for no reason. they want to make money so if you get your acces terminated its very likely you cheated in one or the other way.
They WANT to make profit. so they will not cut themself a leg off by banning paying customers.
They put this in the eula for a reason, but not to discriminate anyone.
It may sound immoral or something. But such does killing any living beings...for food. the first is necessary to fight cheaters and run a mmorpg.

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.

Warden is an anti cheat program. it does not have anthing to do with DRM. it just checks your game if it was manipulated by hacks. thats why it is mentioned in the screenshot of the bot program "exit on mid-game warden update".

I find anything that fights bot users and cheaters welcome. (in a competive multiplayer game)
Also its not about the botters, its about a bot program which even got sold for $.

BigDogBigFeet

on Jul 16, 2008

I'll try it this way Bodyless. Generally, such provisions are considered one-sided and are made solely to cover the tails of the maker of the provision, Blizzard in this instance. Blizzard has this language not so much to eliminate cheaters but, to cover themselves in the event they should terminate someone's access to the service without cause. Which is exactly what this language allows them to do.

Let's face it arguments can develop, people's feelings can get hurt and senseless fights can develop and sometimes innocent parties get blamed. Blizzard is, in my opinion, just looking for a way to legally tell those they've banned "we don't need a reason" and they've probably relied on it.

So, if you get my point that I don't like being on the receiving end of such agreements and that such provisions are enough to steer me away from such games then ok. Your first response to what I had earlier posted didn't convey that to me though.

pndrev

on Jul 16, 2008

Yeah, I found that out too late. It still was Blizzards argument. And you're right, it has nothing to with DRM, that's why their way of trying to use the DMCA was denied.

Phoon

on Jul 16, 2008

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

Well Kona, it's nice to see that in your absence you have not lost your ability to contribute absolutely nothing to a conversation.

Zydor

on Jul 16, 2008

I'm sure that I am not seeing the big picture here, but just can't get it out of my mind that this centers around people playing games.

I'll second that. The modern quest for ever expanding achievement ego's in many of these "win at any costs" clowns took over common sense long ago. Freud would have had a field day

Cive 'em a good whipping in the Stocks *hurrrrumph*

Regards
Zy

Jafo

on Jul 16, 2008

I also believe the only possible injured party in this are the customers who bought this developer's software but, only if they were mislead in purchasing it in some material way.

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.

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