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An anonymous writer at Slashdot has submitted an article discussing the legal tussle between Blizzard and MDY Industries over WoWGlider a program that plays WoW for you. The writer summons forth an interpretation of the legal filing that reads as follows: "Apparently accessing the copy of the game client in RAM using another program infringes upon their rights. Under that logic, users do not even have the right to use anti-virus software in the event that the game becomes infected." The author also calls into question Blizzard's Warden program that scans users computers and sends data back to Blizzard.
Source: Slashdot [ more info ]
From my perspective, that's a ridiculous leap in "logic" but makes for good political commentary on the issue. Reading the legal document (linked in the source article) shows no real room for that kind of interpretation with connecting dots that have no business being connected.
Blizzard, in my opinion at least, has every right to try to put the kibosh on a 3rd party piece of software that basically allows jackasses to screw with server economy and make repetitive tasks such as mining virtually impossible because some bot will always get there before you. Now, I personally hate their Warden program. My data on my computer is mine, they have no right to look at it. So, it's hard for me to decide which is the lesser of two evils: 3rd party asshat programs, or corporate anti-hack programs.
And before you jump to conclusions about the reasons for the comic, I'll tell you the purpose... sometimes posting the unbelievable/questionable will draw more attention to the real issue than the real issue will itself. And, I'm okay taking flak if it means you guys actually go out and read about the situation. Like I've said many times before "that's part of my job".
Original posted : http://www.gucomics.com/comic/?cdate=20070411
I feel its good Blizzard takes action against these 3rd party mods, and that they might have some sort of scanning device to scan your computer to make sure your game runs valid is okay for me, those that don't have anything to hide don't fear scans by legit gaming company's (if they find my porn i hope they enjoy it )
Comments
The most important part of reading is reading between the lines.
I guess I just don't understand why people play the game if they aren't going to play the game. build a spread sheet if all you want to do is see numbers grow,
Gygax is to Gaming what Kirby was to comics
Alas poor Elric I was a thousand times more evil than you
Slice N Dice: Game and Pizza Parlour
WWBYD What would Brigham Young do ?
http://www.geocities.com/J_Elric_Smith/Index.html
One can toss and turn legality forwards and backwards,
while the Glider guys sure have a point in what they say, fact still stands:
Blizzard owns the right to do as they please with your ability to interact with their product.
Such is the glory and bane of the MMO era.
In LEGAL terms you do NOT own an account nor the right to play the game.
You own the client and the box it came in.
The account however is NOT yours. It is RENTED.
Which is where the Glider boys will fail here.
One could argue that there should be allowance when it comes to leveling,
but since Blizzard dumbed down the leveling aspect of the game I can't really see why even that should be allowed in the end.
So, sure, they can argue as much as they want, in the end Blizzard can just pull the plug on their servers altogether and then it's end of discussion.
So, ye... Horse, Dead, Stick, Beating...
EDit: And as for the discussion about Blizzard right to scan and all that..
In my opinion, it's their full right, as it's your full right to NOT be scanned.
How? Don't use their product.
As long as it's MY choice if I'm going to let them scan me, it's all good.
Played so far: 9Dragons, AO, AC, AC2, CoX, DAoC, DF, DnL, DR, DDO, Ent, EvE, EQ, EQ2, FoMK, FFO, Fury, GW, HG:L, HZ, L1, L2, M59, MU, NC1, NC2, PS, PT, R:O, RF:O, RYL, Ryzom, SL, SB, SW:G, TR, TCoS, MX:O, UO, VG, WAR, WoW...
It all sucked.
Still waiting for your Holy Grail MMORPG? Interesting...
Well, not really..
The content of the CDs are yours as you've bought the physical CD,
so noone can take the CDs and the content on it away from you.
In the same way as you own music copies and beer.
Played so far: 9Dragons, AO, AC, AC2, CoX, DAoC, DF, DnL, DR, DDO, Ent, EvE, EQ, EQ2, FoMK, FFO, Fury, GW, HG:L, HZ, L1, L2, M59, MU, NC1, NC2, PS, PT, R:O, RF:O, RYL, Ryzom, SL, SB, SW:G, TR, TCoS, MX:O, UO, VG, WAR, WoW...
It all sucked.
Poke me with a pointy stick if I'm wrong but I'm pretty sure most commercial software is purchased on a license agreement basis.
Still waiting for your Holy Grail MMORPG? Interesting...
The companies tries to convince the world that it's THEIR creation and hence THEIR right.
However the more sane defenders of your right as a consumer clearly point out that architects have no right to say who's sleeping with who in the houses they draw up.
Nor do bookwriters have to right to tell libraries that they're not allowed to let people loan their books just because they decided that they're not gonna stand for those opinions any more...
So, ya, one can argue back and forth here,
I still say that if you have it and you paid for it, it's yours.
(This obviously doesn't affect the MMO community as the accounts involve servers presented online..)
Played so far: 9Dragons, AO, AC, AC2, CoX, DAoC, DF, DnL, DR, DDO, Ent, EvE, EQ, EQ2, FoMK, FFO, Fury, GW, HG:L, HZ, L1, L2, M59, MU, NC1, NC2, PS, PT, R:O, RF:O, RYL, Ryzom, SL, SB, SW:G, TR, TCoS, MX:O, UO, VG, WAR, WoW...
It all sucked.
People who cheat in online games not only break the rules, but put a damper on the experience of other players. The economy is screwed, PvP becomes unfair, and regular players /quit.
That guy is a loser, and I hope he goes bankrupt.
Doktar - 70 Troll Priest - Perenolde
Let's go over the charges in the lawsuit
Copyright Infringement
1.Accessing the game's memory is not copyright infringement. Making a program that accesses another programs memory directly is not copyright infringement. It's amazing that Blizzard even makes this arguement because they seem to have no problem accessing other program's memory with their Warden client.
Tortious Interference with Contracts
2.The enforcability of the EULA and TOS are questionable at best. In many states, the UCC or Uniform Commercial Code classifies software as a good. You cannot legally attach restrictions or conditions of use to a good after the point of purchase. And the EULA and TOS are not visible at the time of purchase, ergo they are considered restrictions after the point of purchase. Since the product in question is effectively useless without the service, the service could easily be construed as an extension of the product.
I might also add that, historically, courts have ruled against EULAs and so-called Clickwrap agreements.
DMCA
3.Warden does not restrict the user from making copies of the game. That much has been proven by the numerous people who have disassembled it. Lying about it's function and then clamining that Glider violates the DMCA is vexacious litigation.
Unfair Competetion
4.Unless Blizzard is selling a cheat program for WoW that I am unaware of, it's not competetion at all. And Blizzard's continual abuse of the legal system damages their reputation with customers far more than Glider.
I hate cheaters as much as the next person. But this is not the way to go about getting rid of cheaters. The precedants that these charges could set if even one holds would be chilling and have far-reaching repercussions for more than just MMORPGS.
WoW addict.