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 5)
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on Jul 16, 2008
It's on the BBC too !

.. http://news.bbc.co.uk/1/hi/technology/7509182.stm
on Jul 16, 2008

This is like ruling that WinAmp is illegal because it lets me copy pirated MP3s into RAM and then play them.  I guess that means the iPod is too.  So is any debugger that I could attach to the WoW process.

If there's any proof that the government is out of touch with technology, this has to be it.

on Jul 16, 2008
Jafo I'm not interested in this. I expressed my opinion quit with BigDogBigFeet already.

There's no suffering of any legally recognized injury to someone losing because of another party cheating in what is little more than a game. Furthermore, for me to make the effort to recognize that a party has to have a legally recognized cause of action including legally recognized damages to bring a suit added to the discussion.

I also gave a good legal arguement when I indicated Blizzard had chosen it's own remedy for such problems in its own service agreement which they wrote.

My opinion isn't some wrong page for you to BigDogBigFeet me about.
on Jul 16, 2008
I will try to illustrate further what I've been saying. A person can buy a radar detector. People buy radar detectors to avoid speed traps here in the US. They don't serve any other useful purpose. How well they work I wouldn't know.

Various organizations have tried to ban the sale of such items. Afterall, they enable culprits to "cheat" police out of speeding ticket collars. Their lawsuits have failed. It's up to the individual who purchases the item to obey the law is the legal defense of the manufacturers.

People can buy guns. People use guns for all sorts of illicit purposes. Yet, the maufacture, possession and sales of guns can not be banned by any state or other local jurisdiction due to our constitution. A recent Supreme Court ruling in this matter seems to stipulate this.

However, I did recognize that a genuine injured party in this matter might be the people who purchased this developer's product, if they were misled resulting in the real legal injury of losing their service with Blizzard.

As I understand our legal system, Blizzard can not claim they are injured by this product. And, that such injury is a result of this developer's negligence or criminal conduct.

Just my opinion regarding the topic of this thread which isn't BigDogBigFeet.
on Jul 16, 2008
This is like ruling that WinAmp is illegal because it lets me copy pirated MP3s into RAM and then play them.  I guess that means the iPod is too.  So is any debugger that I could attach to the WoW process.
If there's any proof that the government is out of touch with technology, this has to be it.


All of those examples can have completely legitimate uses. This program existed expressedly for the purpose of breaking the WoW EULA.

A person can buy a radar detector. People buy radar detectors to avoid speed traps here in the US. They don't serve any other useful purpose. How well they work I wouldn't know.


Theoretically, they were allowed in the early days of traffic radar to allow drivers to know they were under surveilance. They are illegal in some circumstances. Radar jammers on the other hand, are illegal not because they interfere with law inforcement, but they allow the user to broadcast on an FCC-regulated frequency without proper liscencing. That's total BS, but it's the law we have to live with.

Guns are another matter entirely. They have multiple purposes other than breaking the law, so they don't even belong in this conversation.

However, I did recognize that a genuine injured party in this matter might be the people who purchased this developer's product


Completely untrue. The site selling this program specifically and explicitly states that using it is a violation of the EULA and may get the user banned. Users of the bot have no legal standing to complain about either Blizzard or the bot's programmer.

As I understand our legal system, Blizzard can not claim they are injured by this product. And, that such injury is a result of this developer's negligence or criminal conduct.


Sure they can. The programmer is making a profit using their IP without their permission in direct violation of their copyright. Theoretically, they can sue for every penny the guy made from this, and tack on punative damages.

My opinion isn't some wrong page for you to BigDogBigFeet me about.


Please tell me what I must smoke for this sentence to make sense
on Jul 16, 2008

Please tell me what I must smoke for this sentence to make sense

Ditto.

It appears it's not appropriate to refer to someone by 'name' when actually responding to them.

WIllythemailboy got it right....totally, succinctly and precisely in #65.

Oh poo...I refered to someone by name....

on Jul 17, 2008

Come on this is not breaking coyright or a law.  Blizzard is just going way overboard.  If they don't like what a user is doing on their servers ban them then move on.  Anything else is just petty.

As for people losing the enjoyment of there game, give me a break, I would bet that none of the users on WOW even knew it was happening let alone affected them.  Second what stops me from sueing Blizzard because I start at a disadvantage in WOW if I start now versus someone that has been playing for over a year and kicks my ass!  That sure as hell ruins my enjoyment.

This is just one more example of Copyright law out of control.  Not to mention people seem to think they have some strange belief they have the right to go through life without being disappointed or offended.  Suck it up and move on.

on Jul 17, 2008

Second what stops me from sueing Blizzard because I start at a disadvantage in WOW if I start now versus someone that has been playing for over a year and kicks my ass!

Blizzard not having a case to answer.  More fool you for not getting into the game from the outset...and thus be on a level playing field.

People using the bot are playing 'catch-up' in a way not intended by Blizzard...so Blizzard rightly removes them, but having this bloke continuing to make the bot available means that either Blizzard is obliged to continue also removing people...or better still simply have the availability removed.

No individual outside of Blizzard has the right to alter the game-play of their product.  That 'right' is Blizzard's alone.

on Jul 17, 2008

Blizzard not having a case to answer. More fool you for not getting into the game from the outset...and thus be on a level playing field.

Uh yeah I know I was just making an absurd example.  Kind of like the absurdity of this one.

Yep and and Blizzard has every right to keep banning people if they are dumb enough to keep buying the bot.  To use the radar detector example no one can sue the manufacturer for people using their device to do something illegal no matter how much it ruins someone elses driving pleasure (even to the point of anothers death).

As for altering the game play hmmm not sure about that as I am not aware 100% how the bot works, but if it only plays the game for you as some have said there is no game play altering, automating commands is not altering game play, however as I said I don't know exactly how it works.

on Jul 17, 2008
I;m a total call of duty 4 addict, and while It's not an mmo, tempers can definitely be provoked simply by loosing. (on of the disadvantages of voice chat) now imagine how thoroughly annoyed I'd be if someone started utterly destroying me and the rest of my team because they were cheating (or more accurately they leveled up by cheating and got all the good weapons.) that hurts me, the one who just purchased a $60 game, and the company that made it, because I'm going to tell my friends it's no fun to play online because of all the cheating (long string of highly inappropriate words) losers online. they then don't buy the game because they trust me and I just told them it sucks. now that one player's cheating has just cost that company several potential purchases( several hundred dollars). now let's say everyone else in that game tells their friends the same thing. now it has cost the developer several thousand dollars. now if someone makes a way for people to cheat and sells it, now many people are ruining many more people's experience over many games, potentially costing the developer a huge number of sales.

thus by that logic, blizzard should sue the programmer of such a bot for every penny he's worth

oh yah, and thumbs up to post 65; really, what would one have to smoke?
on Jul 17, 2008

It's interesting...on several levels how some people 'get' the issue and others do not.

commando000 in #70 gets it quite well....

The frustrating thing is the bot creator is likely not 'worth' what Blizzard could show as 'loss' so ultimately Blizzard still loses.

Perhaps neutering could be an option....

on Jul 17, 2008
Stick it.
on Jul 17, 2008
I'm not a fan of the practices some companies employ to protect their revenue streams, nor I am I a fan of the mega online games. That doesnt mean to say the world has to follow me in that view. I vote with my feet and dont buy the products, or play the game. End of story, to go further is vindictiveness in the extreme. So would be using amateur quasi-legal smoke screens to justify my personal opinions.

In my view the ruling seems a litte esoteric to say the least, I do however applaud the direction it moves in. Whatever rationale anyone wishes to use in rebuttal of the ruling, the inarguable tenant that two wrongs dont make a right applies. If something is wrong, tackle it, whether or not something else is equally wrong, or equally "silly" is hardly the issue. Being wholely negative about every issue along the lines of "oh well, what about ..... *snif* " etc, never solved a dam thing, apart from getting a self-rightuous good nights sleep.

The facts behind this are simple enough, the bot wrecks the game for others trying to play it. If it was a single player game that no-one else was affected by it, frankly I could care less, if people want to "cheat" on single player games - help yourself, it hurts no one else, equally the only person you fool is yourself. This one isnt remotely near that single player scenario.

- It wrecks the enjoyment of others playing the game who have paid their legitimate fees - thats wrong, period.

- It is a blatent use of a program to make cash, none of this "Knights on white horses riding through the sky hitting back against the nasty corporate" drivil. If he donated all to charity, I might at least believe his motives, but even then, sure as hell not his methods.

- Blizzard invests shed loads of money in this stuff, if the game gets a reputation for being unfair, or the players efforts subverted, they will lose serious revenue in the long run - why the hell should anyone buy a licence to play if lunatics like this guy are given free reign. I wouldnt buy a licence in the first place, I sure as hell would have no incentive to change my mind if nutters like this guy are not stopped.

Are there are other things wrong with life or the Planet in general? Sure there are, and we are not going to solve them all today or all at the same time. Does this activity give a problem in the legal aspects, I suspect it does, otherwise the Judge would not have done what he did.

We all know this bot is wrong. We should be investing our time trying to support the Legal system fight these lunatics, and backing the Judge in his efforts to stop what we all know is wrong. We should not be wasting our time, trying to twist this into every other bandwagon under the Sun, nor yelling "ah hahhh what about [latest legal smoke screen] ..."

In short, common sense - a fast receding quality in many areas of life - should prevail. I also wish life were simpler, perfect, utopian, and we could solve all life's evils in one go, but thats never going to happen not in this or any other lifetime.

Regards
Zy
on Jul 17, 2008
I support blizzard for doing this. MMORPG's have economies after all. Even if they are virtual. It is basically on the same level as making counterfeit money in RL.

CR violation is a little confusing, but its the judges call. If the cheater feels that it is not a fair ruling, there is always the appeals route.
on Jul 17, 2008

Thats just sick and makes me glad I dont live in the USA.   Course, chances are fucked up judges elsewhere in the west could have ruled the same.

As long as you pay for the subscription fee and dont disrupt the service I say you could do anything you want to inside the WoW gameworld, although engaging into PvP with a speed hack/teleportation hack would obviously be something I would'nt condone.

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