Good job Blizzard with those stupid bots no one cares about, now will you tackle the gold spammers that have been harassing your channels for 4 years every 3 minutes in capital cities? And will you implement your own rules and ban spamming/insulting/offensive players? Will you hire (competent) GMs? Etc, etc.
For crying out loud! USE OF MMO GLIDER HAS ALWAYS A BANNABLE OFFENSE.
What dont you people understand about that?
Gold selling abd buying has always been against the rules. Insulting other players has always been against the rules.
Go back 3 years ago and Blizzard did punish offensive players a lot more. But with the influx of XBOX kiddies if Blizzard took action against every person insulting other players their magical 11.5 million subscribers would take a MASSIVE decrease.
If there were no levels, there would be no reason to bot in the first place. Replace expensive lawyers with more game designers and developers, and focus on endgame. They may of won 6 million, but how much time and money did it take to get to this point? This goes to show an indie company could compete against Blizzard, because Blizzards excessive wealth is being used on lawyers. All the indie company has to do is "do the right thing"; make a real mmo where everyone is equal.
The definition of insanity: doing the same thing over and over expecting different results.
If there were no levels, there would be no reason to bot in the first place. Replace expensive lawyers with more game designers and developers, and focus on endgame. They may of won 6 million, but how much time and money did it take to get to this point? This goes to show an indie company could compete against Blizzard, because Blizzards excessive wealth is being used on lawyers. All the indie company has to do is "do the right thing"; make a real mmo where everyone is equal.
Really? And how would you suggest you go about that? There is not a game that has been released or that is in developement where everyone is equal.
In November 2006, we contacted MDY in an effort to halt the distribution of Glider. In response, MDY filed suit against Blizzard, asking the court to allow MDY to continue operating Glider unhindered. We then filed a countersuit alleging copyright infringement, in that Glider made unlawful use of our intellectual property; unlawful interference with the ToU agreement between us and our players; and Digital Millennium Copyright Act violations, in that MDY had circumvented the protections we’d implemented to protect the game. We asked the court to award money damages and to shut down MDY permanently.
So they not only want to shut them down, they want all their moneys, sounds about right.
In November 2006, we contacted MDY in an effort to halt the distribution of Glider. In response, MDY filed suit against Blizzard, asking the court to allow MDY to continue operating Glider unhindered. We then filed a countersuit alleging copyright infringement, in that Glider made unlawful use of our intellectual property; unlawful interference with the ToU agreement between us and our players; and Digital Millennium Copyright Act violations, in that MDY had circumvented the protections we’d implemented to protect the game. We asked the court to award money damages and to shut down MDY permanently.
So they not only want to shut them down, they want all their moneys, sounds about right.
Yup, thats what 11million people are handing there money over too. Im pretty sure Blizzard at some point will be making robots to take over the world.
If a legitimate game company is able to legally seize the assets of bot companies, I'm all in favor of that. That's more revenue for them, without having to extract it from players.
Besides, they have to pay their lawyers somehow. I half expect that Blizzard would be happy if they can manage to break even on this after paying their lawyer bills and having trouble actually collecting on the money they're owed. If this were so lucrative, we'd see a lot more lawsuits like this.
Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into.
I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
As I said in the other thread, this is a bad thing.
Basically this finding rules that we, the comsumer, do not own our copies of the games, but rather lease them. On top of that, it has someone twisted it to the point that a breech of contract is no longer a violation of contract law but, rather, a breech of copyright law which will hold much heavier and severe fines.
Celebrate all you want, but this just set a major precedence for MMO companies to further hammer you intot he ground legally if they want to. What's to stop Blizz now from saying that all those people who were banned because they found AIM or some such running in the background broke copyright law and sue them?
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
EDIT: if you dont like the rules they have, then go play single player games and find another forum to post on. I cant think of one game that legally allows botting.
Playing: EVE Online Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online Looking forward to: Archeage, Kingdom Under Fire 2 KUF2's Official Website - http://www.kufii.com/ENG/ -
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
Most people fail to realize when they say they have a lvl 80 warrior, that you lvld up an 80 warrior for blizzard who owns that said warrior and lets you RENT it for 15 bucks a month.
Bring back table top D&D!!!!!!! um well it never left..but we should all play it )
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Playing: EVE Online Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online Looking forward to: Archeage, Kingdom Under Fire 2 KUF2's Official Website - http://www.kufii.com/ENG/ -
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
I dont play on Blizzard servers or their games.
And I'd like to say anyone getting caught using MMO Glider deserves to have his/her account closed and it is in Blizzard's right to deny bot users access to their software and servers. But that is not the issue here.
So far there is the previous ruling that MMO Glider violates copyright. This was back last year.
The January 29 ruling was about how by avoiding detection software (WoW'S Warden) MMO Glider is in violation of DCMA rule and that the owner and creater of MMO Glider was personally responsible.
I believe on both points Blizzard has used copyright and DCMA rules unfairly.
"The question is, how is installing a third-party tool copyright infringement if it doesn't use Blizzard's code? This is where things get dicey. In a filing, Blizzard quotes a section from its EULA that says that "All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Blizzard." In other words, you're only allowed to play WoW using Blizzard-approved software."
So Blizzard can now define what constitutues copyright violation by what does and doesn't happen in your RAM by their EULA. So basically if you load a program into RAM while WoW is running that Blizzard believe is in violation of their EULA/ToU then Blizzard revokes your license and therefore you are in breach of copyright.
Dont forget that MMO Glider does not alter any Blizzard code. It does not make WoW available to people who have not paid for WoW. It does not distrubute or make available unlicensed copies of copyrighted Blizzard software tother people (ie p2p software)
If anyone can find a good article that is pro-Blizzard (and is not associated with Vivendi-Universal or Activision-Blizzard) I would appreciate it since I would like a balanced argument.
.. don't really understand Bliz stands in this - I think it's the idea that they are able to make some money suing a company that's really irrelevant.. that's causing it.
Of the 11million people / sub that plays, I will waver that less than half a million uses Glide and of that - if you guys are feeling threaten by it, I don't have much respect or comment..
When BG first came out, the number of GrandMarshal that got achived by player/guildies/family running that char was in the high 75% (please don't tell me someone can run for 2 mths without sleep) and the afk'er that were around.. yes, one can report them but seriously, day in night out, I still see the same afk'er in the same BG that has been reported by everyone..
Bliz should spend more time looking to better their service than spend million on worthless lawsuit..
-How about a real Oceanic server that doesn't have down time during Tues night peak time;
-More GM? 4hours to get a response to ticket?
-Want to talk about game enjoyment? Deal with known Ninja in game will be nice - ninjaing in a raid = stealing in RL, why doesn't Bliz has something to address this?
Heh blizzard is also demanding bot customers information from the bot creator. Those of you who ordered this glider bot is screwed. Blizzard is going to force the bt company to hand over the list of customers on top of the monetary damage.
Of the 11million people / sub that plays, I will waver that less than half a million uses Glide and of that - if you guys are feeling threaten by it, I don't have much respect or comment..
I'm not threatened by it, I just have nothing but contempt for people who resort to cheating to play a game. I still think "Cheaters never prosper" means something. Botters/cheaters = scum.
I hope the guy who wrote Glider is sued so badly he'll be begging for spare change on street corners. That would amuse me.
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
unless they put a DRM on the WoW client, they dont have the power to stop people from using that WoW client. And even still people can find work a rounds. This means nothing for blizzard as far as telling people they cannot install their software on people's computers since they cant do anything to enforce it or anything really. Unless as you say they can sue the people but ..... i mean really that would take too much time and resources to be bothered with doing.
Playing: EVE Online Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online Looking forward to: Archeage, Kingdom Under Fire 2 KUF2's Official Website - http://www.kufii.com/ENG/ -
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
unless they put a DRM on the WoW client, they dont have the power to stop people from using that WoW client. And even still people can find work a rounds. This means nothing for blizzard as far as telling people they cannot install their software on people's computers since they cant do anything to enforce it or anything really. Unless as you say they can sue the people but ..... i mean really that would take too much time and resources to be bothered with doing.
Here's the thing, they're doing it. They are requesting a list of all people who purchased Glider.
$50 WoW $40 BC $40 WLK $780 Sub from release $910 total and I still don't "own" this software? Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into. I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
unless they put a DRM on the WoW client, they dont have the power to stop people from using that WoW client. And even still people can find work a rounds. This means nothing for blizzard as far as telling people they cannot install their software on people's computers since they cant do anything to enforce it or anything really. Unless as you say they can sue the people but ..... i mean really that would take too much time and resources to be bothered with doing.
Here's the thing, they're doing it. They are requesting a list of all people who purchased Glider.
yes, to ban them. There have been so many people useing glider in so many different countries, that pursuing legal action against every single person who used glider in WoW's 4-5 year (?) history would be a cluster fuck.
Playing: EVE Online Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online Looking forward to: Archeage, Kingdom Under Fire 2 KUF2's Official Website - http://www.kufii.com/ENG/ -
Blizzard is asking the court to force the bot company to release customer information and ips as well as all the payment made to the bot company in the court of law. I wouldnt buy the bot if i were you .
I havnt read the 6 pages yet, but if it has not been said, glider has not lost the case yet. They brought it up to the 9th circuit (i think thats the right one).
EDIT: and they can never give out the personal information of the bot users. Would that not be breaking privacy laws?
I havnt read the 6 pages yet, but if it has not been said, glider has not lost the case yet. They brought it up to the 9th circuit (i think thats the right one).
EDIT: and they can never give out the personal information of the bot users. Would that not be breaking privacy laws?
I don't know. I think that if the courts were going to pursue they could get the names for themselves, however, I think you're right, I don't think it would be couth for the courts to have the names given to a private interest.
Comments
For crying out loud! USE OF MMO GLIDER HAS ALWAYS A BANNABLE OFFENSE.
What dont you people understand about that?
Gold selling abd buying has always been against the rules. Insulting other players has always been against the rules.
Go back 3 years ago and Blizzard did punish offensive players a lot more. But with the influx of XBOX kiddies if Blizzard took action against every person insulting other players their magical 11.5 million subscribers would take a MASSIVE decrease.
Its called business.
If there were no levels, there would be no reason to bot in the first place. Replace expensive lawyers with more game designers and developers, and focus on endgame. They may of won 6 million, but how much time and money did it take to get to this point? This goes to show an indie company could compete against Blizzard, because Blizzards excessive wealth is being used on lawyers. All the indie company has to do is "do the right thing"; make a real mmo where everyone is equal.
The definition of insanity: doing the same thing over and over expecting different results.
Really? And how would you suggest you go about that? There is not a game that has been released or that is in developement where everyone is equal.
God forbid anyone else try to make money other then Blizzard...........
So they not only want to shut them down, they want all their moneys, sounds about right.
So they not only want to shut them down, they want all their moneys, sounds about right.
Yup, thats what 11million people are handing there money over too. Im pretty sure Blizzard at some point will be making robots to take over the world.
If a legitimate game company is able to legally seize the assets of bot companies, I'm all in favor of that. That's more revenue for them, without having to extract it from players.
Besides, they have to pay their lawyers somehow. I half expect that Blizzard would be happy if they can manage to break even on this after paying their lawyer bills and having trouble actually collecting on the money they're owed. If this were so lucrative, we'd see a lot more lawsuits like this.
$50 WoW
$40 BC
$40 WLK
$780 Sub from release
$910 total and I still don't "own" this software?
Fuck you Blizzard. The ramifactions from this are a lot bigger then "stopping people from cheating and breaking ToU." What if it was illegal to use adblock in your firefox extension? Or if it was illegal to use lets say, homebrew apps on your 360? Who the hell knows what this ruling could snowball into.
I never used a bot, but if someone wants to use them on a piece of software they spent almost $1000 on, that's fine. It isn't "hacking" at all. Bots can't give you gamebreaking powers. A bot is nothing but a bunch of complicated macros in it's most basic form. That's it.
As I said in the other thread, this is a bad thing.
Basically this finding rules that we, the comsumer, do not own our copies of the games, but rather lease them. On top of that, it has someone twisted it to the point that a breech of contract is no longer a violation of contract law but, rather, a breech of copyright law which will hold much heavier and severe fines.
Celebrate all you want, but this just set a major precedence for MMO companies to further hammer you intot he ground legally if they want to. What's to stop Blizz now from saying that all those people who were banned because they found AIM or some such running in the background broke copyright law and sue them?
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
EDIT: if you dont like the rules they have, then go play single player games and find another forum to post on. I cant think of one game that legally allows botting.
Playing: EVE Online
Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online
Looking forward to: Archeage, Kingdom Under Fire 2
KUF2's Official Website - http://www.kufii.com/ENG/ -
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
virtuallyblind.com/files/mdy/07-14-08_Order.pdf
Most people fail to realize when they say they have a lvl 80 warrior, that you lvld up an 80 warrior for blizzard who owns that said warrior and lets you RENT it for 15 bucks a month.
Bring back table top D&D!!!!!!! um well it never left..but we should all play it )
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
virtuallyblind.com/files/mdy/07-14-08_Order.pdf
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Playing: EVE Online
Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online
Looking forward to: Archeage, Kingdom Under Fire 2
KUF2's Official Website - http://www.kufii.com/ENG/ -
I dont play on Blizzard servers or their games.
And I'd like to say anyone getting caught using MMO Glider deserves to have his/her account closed and it is in Blizzard's right to deny bot users access to their software and servers. But that is not the issue here.
So far there is the previous ruling that MMO Glider violates copyright. This was back last year.
The January 29 ruling was about how by avoiding detection software (WoW'S Warden) MMO Glider is in violation of DCMA rule and that the owner and creater of MMO Glider was personally responsible.
I believe on both points Blizzard has used copyright and DCMA rules unfairly.
this from arstechnica.com/gaming/news/2008/05/blizzard-attempt-to-kill-wow-bot-bad-news-for-copyright-law.ars Yes, this web site is critical of Blizzard so please note bias.
"The question is, how is installing a third-party tool copyright infringement if it doesn't use Blizzard's code? This is where things get dicey. In a filing, Blizzard quotes a section from its EULA that says that "All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Blizzard." In other words, you're only allowed to play WoW using Blizzard-approved software."
So Blizzard can now define what constitutues copyright violation by what does and doesn't happen in your RAM by their EULA. So basically if you load a program into RAM while WoW is running that Blizzard believe is in violation of their EULA/ToU then Blizzard revokes your license and therefore you are in breach of copyright.
Dont forget that MMO Glider does not alter any Blizzard code. It does not make WoW available to people who have not paid for WoW. It does not distrubute or make available unlicensed copies of copyrighted Blizzard software tother people (ie p2p software)
If anyone can find a good article that is pro-Blizzard (and is not associated with Vivendi-Universal or Activision-Blizzard) I would appreciate it since I would like a balanced argument.
.. don't really understand Bliz stands in this - I think it's the idea that they are able to make some money suing a company that's really irrelevant.. that's causing it.
Of the 11million people / sub that plays, I will waver that less than half a million uses Glide and of that - if you guys are feeling threaten by it, I don't have much respect or comment..
When BG first came out, the number of GrandMarshal that got achived by player/guildies/family running that char was in the high 75% (please don't tell me someone can run for 2 mths without sleep) and the afk'er that were around.. yes, one can report them but seriously, day in night out, I still see the same afk'er in the same BG that has been reported by everyone..
Bliz should spend more time looking to better their service than spend million on worthless lawsuit..
-How about a real Oceanic server that doesn't have down time during Tues night peak time;
-More GM? 4hours to get a response to ticket?
-Want to talk about game enjoyment? Deal with known Ninja in game will be nice - ninjaing in a raid = stealing in RL, why doesn't Bliz has something to address this?
Heh blizzard is also demanding bot customers information from the bot creator. Those of you who ordered this glider bot is screwed. Blizzard is going to force the bt company to hand over the list of customers on top of the monetary damage.
GG bot users.
Blizzard always had a strong stance on that.
They loved doing mass bans on Starcraft and Warcraft 3, and probably other battle.net games.
Meh, I never understood botters. I don't find any fun in botting, you might as well play another game that you will truely enjoy instead.
I'm not threatened by it, I just have nothing but contempt for people who resort to cheating to play a game. I still think "Cheaters never prosper" means something. Botters/cheaters = scum.
I hope the guy who wrote Glider is sued so badly he'll be begging for spare change on street corners. That would amuse me.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
virtuallyblind.com/files/mdy/07-14-08_Order.pdf
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
virtuallyblind.com/files/mdy/07-14-08_Order.pdf
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
unless they put a DRM on the WoW client, they dont have the power to stop people from using that WoW client. And even still people can find work a rounds. This means nothing for blizzard as far as telling people they cannot install their software on people's computers since they cant do anything to enforce it or anything really. Unless as you say they can sue the people but ..... i mean really that would take too much time and resources to be bothered with doing.
Playing: EVE Online
Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online
Looking forward to: Archeage, Kingdom Under Fire 2
KUF2's Official Website - http://www.kufii.com/ENG/ -
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
virtuallyblind.com/files/mdy/07-14-08_Order.pdf
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
unless they put a DRM on the WoW client, they dont have the power to stop people from using that WoW client. And even still people can find work a rounds. This means nothing for blizzard as far as telling people they cannot install their software on people's computers since they cant do anything to enforce it or anything really. Unless as you say they can sue the people but ..... i mean really that would take too much time and resources to be bothered with doing.
Here's the thing, they're doing it. They are requesting a list of all people who purchased Glider.
you own the software, but you dont own the servers they run on. Their servers, their rules. You break em, you are restricted access onto their servers.
No, Blizzard's argument was that players aren’t owners but merely software licensees.
The Court ultimately held that:
"Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard’s copyright. MDY does not dispute that the other requirements for contributory and vicarious copyright infringement are met, nor has MDY established a misuse defense. The Court accordingly will grant summary judgment in favor of Blizzard with respect to liability on the contributory and vicarious copyright infringement claims in Counts II and III."
Section 117 states an owner of software has a right to copy it if that copy is essential to the customer’s use of the software.
virtuallyblind.com/files/mdy/07-14-08_Order.pdf
Blizzard cant say you can or cant install or "copy" WoW onto your computer. The only power they have is to ban your account and restrict access onto their servers. Using glider was/is a bannable offense, so instead of just banning accounts they went after the makers of the program to fix the problem altogether. Like i said earlier, if you dont like their rules, dont play on their servers or their game.
Blizzard CAN say that you can't install or copy WoW, that's what the court just found. The thing is, these guys who cheated, who used glider, can be sued for copyright infringement and Blizz will win. Precedence has been set.
unless they put a DRM on the WoW client, they dont have the power to stop people from using that WoW client. And even still people can find work a rounds. This means nothing for blizzard as far as telling people they cannot install their software on people's computers since they cant do anything to enforce it or anything really. Unless as you say they can sue the people but ..... i mean really that would take too much time and resources to be bothered with doing.
Here's the thing, they're doing it. They are requesting a list of all people who purchased Glider.
yes, to ban them. There have been so many people useing glider in so many different countries, that pursuing legal action against every single person who used glider in WoW's 4-5 year (?) history would be a cluster fuck.
Playing: EVE Online
Favorite MMOs: WoW, SWG Pre-cu, Lineage 2, UO, EQ, EVE online
Looking forward to: Archeage, Kingdom Under Fire 2
KUF2's Official Website - http://www.kufii.com/ENG/ -
Blizzard is asking the court to force the bot company to release customer information and ips as well as all the payment made to the bot company in the court of law. I wouldnt buy the bot if i were you .
I havnt read the 6 pages yet, but if it has not been said, glider has not lost the case yet. They brought it up to the 9th circuit (i think thats the right one).
EDIT: and they can never give out the personal information of the bot users. Would that not be breaking privacy laws?
I don't know. I think that if the courts were going to pursue they could get the names for themselves, however, I think you're right, I don't think it would be couth for the courts to have the names given to a private interest.