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Thread: Blizzard Wins Legal Victory [Read will affect us]

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    Default Blizzard Wins Legal Victory [Read will affect us]

    Read this thinking "what if this passes, could Jagex actually sue us for copyrights?" Its quite possible if this is allowed to go through.

    Blizzard Entertainment on Monday won a legal battle against MDY Industries, a maker of software that allows gamers automate the advancement of their World of Warcraft (WoW) characters.

    The decision, if allowed to stand, could diminish consumers' already limited ownership rights over the software they buy. It could also leave consumers liable for significant financial penalties in the event of legal action.

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    "Stunningly, this means that 'cheating' while playing a computer game can expose you to potentially huge statutory damages for copyright infringement," said EFF staff attorney Corynne McSherry in a blog post about the ruling.

    Blizzard sued MDY to stop it from selling a program called Glider, which lets Blizzard customers play WoW without being at their computers. Use of such programs violates Blizzard's terms of use under its end user license agreement. Blizzard would typically pursue a breach of contract claim against EULA violators, but in this case it sued for secondary copyright infringement and contract interference under the theory that loading a copy of WoW into a computer's memory represents copyright infringement.

    In siding with Blizzard, the judge has accepted its position that MDY's actions should be judged under copyright law rather than contract law. This matters because the potential damages are much higher under copyright law.

    "The decision makes anybody much more easily liable for copyright infringement when what they're doing isn't copyright infringement," said Sherwin Siy, staff attorney at Public Knowledge, a public interest advocacy group that filed an amicus brief in support of MDY. "Just by crafting an End User License Agreement cleverly, a software company takes the matter out of the realm of contract and put it into the realm of copyright."

    "There are several bad things that can happen as a result of this ruling," said Lance C. Venable, a partner at Venable, Campillo, Logan & Meaney P.C., the law firm representing MDY. "What the ruling does is it allows software manufacturers to have vast powers in the EULA to control how their software is used by end users beyond the terms of a contract. It allows software developers to create their own triggers for copyright infringement, ones they wouldn't have had before this decision."

    Granting such subjective power to software developers goes against the notion of an objective statute that clearly defines copyright infringement, said Venable.

    There are some additional matters to be dealt with in the case, but once those are resolved, Venable said he's planning to appeal the ruling to the Ninth Circuit Court.

    In a blog post, former law professor William Patry, senior copyright counsel for Google (writing as a legal scholar rather than as a representative of Google (NSDQ: GOOG)), explained that the judge managed this sleight of hand -- moving the dispute into the copyright realm -- by finding that the WoW game "even though sold over the counter, was licensed not sold." He called the court's finding "a chilling extension of control by copyright owners of software over copies of programs they have sold."

    In wondering how the court could justify its decision, Patry suggested perhaps the judge was offended because MDY's software allows behavior the court regards as cheating. "If so, God help us if law is being reduced to such subjective, nonstatutory grounds," he said.
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    http://www.informationweek.com/news/...leID=209100284
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    Wouldn't they have already done that if they could?

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    If JaGeX did that then I would have to pay (lets say...) 20 bucks each month like... *counting on my fingers* forever! Even those 50K leechers would be sued?

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    Quote Originally Posted by Zytex! View Post
    If JaGeX did that then I would have to pay (lets say...) 20 bucks each month like... *counting on my fingers* forever! Even those 50K leechers would be sued?
    There is NO way jagex would even THINK of suing everyone... just make examples of a few high profile people.

    Blizzard just has a giant stick up their ass.

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    They might, but they really cant because most macorers are like 5 years old people who really dont understand anything about law. Maybe they could sue freddy1900 but I dont really think so... or hope so.

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    They could sue RSBot, but not SRL. Blizzard got away with it because now apparently loading something in your ram is an act of copying (So does that mean that we break the law every time we play any game )

    This is a retarded law-suit, one that should have been thrown out.

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    MDY Industries was making money from this autoing software right? That means we're pretty much in the clear, because Scar, SRL, and SRL Forums is free. It wouldn't make sense for Jagex to sue us because what would they get?

    Unless Jagex just comes unhindged, we should be safe. Infact, I think the black market folks are safe too, because you can't realy make enough for it to be worth Jagex's time/money.

    One last thing. Im kind of thinking that if Jagex wanted us down, we would be. I know you all say "Fagex cbf with us" and all that jazz, but i think its a concious decision on thier part to let us live.
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    Jagex is from uk i dont think there is any laws for playing online games over here or if tey tried to get it it wouldnt stand

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    I'd like to point out the date on that article. July 16, 2008. This is pretty old news, and I'm pretty sure the decision stood.

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    scar is a colour clicking program, not a runescape bot.
    Did someone say GDK?

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    Quote Originally Posted by jakeyboy29 View Post
    scar is a colour clicking program, not a runescape bot.
    I agree.
    I dont think what we do is severe enough to get a lawsuit.

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    The only reason the people are getting sued is because there SELLING the program... (I believe)

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    Thank God I live in the Netherlands. A judge stated in a pretty recent verdict(?) that RuneScape goods are actually goods which can be traded (and, in that case, stolen). Means that gold selling is legal here as it is a good with actual value?
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    part of the reason that blizzard is suing them is (and i think this was touched upon earlier, but):

    Mr Donnelly says his tool does not infringe Blizzard’s copyright because no “copy” of the Warcraft game client software is ever made. Blizzard however does not feel the same and said the tool infringes copyright because it copies the game into RAM in order to avoid detection by anti-cheat software.
    which isn't even close to what SCAR does.

    Mr Donnelly is the guy who made the program (glider) in case you were wondering
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    Quote Originally Posted by Macros View Post
    part of the reason that blizzard is suing them is (and i think this was touched upon earlier, but):



    which isn't even close to what SCAR does.

    Mr Donnelly is the guy who made the program (glider) in case you were wondering
    what does smart do then?
    Did someone say GDK?

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    Quote Originally Posted by jakeyboy29 View Post
    what does smart do then?
    takes a "picture" of runescape and still use the colors and stuff(like java ids) that jagex sends you and clicks them... not injection like the glider did.

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    I am a HUUGEEEE fan of Blizzards games.
    They're doing this for one reason.

    Money.


    Every person they can ban for any hacks, the banned user will surely go out and buy another copy. I myself have done so with Diablo 2. The more banned users = more dedicated users = more CD keys sold = more cash.

    It's all about the money. No one cares about their players.

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    Quote Originally Posted by senrath View Post
    I'd like to point out the date on that article. July 16, 2008. This is pretty old news, and I'm pretty sure the decision stood.
    True but I heard a similar ruling was made the 10th. I haven't found the full details yet but I have looked for a good article.
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    Well, this shouldn't happen to us. Jagex would only lose money by suing SRL.

    Think -

    - SRL gets no revenue == they can't sue for much
    - If SRL gets shut down, they lose a TON of memberships (think of all the RS Members scripts that are used, and are some of the most popular too)
    - In the long run, it'd be a major loss

    Now, going after something like NeXus and iBot (are they still running?) would be sensible

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    Thats such a bunch of bs what blizzard is doing. I actually like(d) blizzard, but this is just unreasonable. It's very stupid that they think loading the copy onto ram is illegal, still doesn't make sense that they would sue since there are numerous ways a copy is created, like loading the game, creates a copy on the temporary memory for example. Scar will never be stopped because it is simply a program CLIENT, not specifically made for anything

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    Quote Originally Posted by thedetro125 View Post
    Thats such a bunch of bs what blizzard is doing. I actually like(d) blizzard, but this is just unreasonable. It's very stupid that they think loading the copy onto ram is illegal, still doesn't make sense that they would sue since there are numerous ways a copy is created, like loading the game, creates a copy on the temporary memory for example. Scar will never be stopped because it is simply a program CLIENT, not specifically made for anything

    ~thed
    Did you read any of the thread?
    Thats not the issue AT ALL!
    It's botting, just like we do, for World of Warcraft.
    Anything you said above makes no sense.

    Besides. Every game I own I have made copies of the images of the CD's and mounted them through ISO programs. That's not illegal at all since I own copies of the game.

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    Quote Originally Posted by Luski14 View Post
    Thats not the issue AT ALL!
    Well I wouldn't say it isn't any of the issue at all. Blizzard is suing to stop botting/make money for sure, but their excuse/the reason they can get away with something lame like that is this whole deal about loading the game into you RAM etc. The botting program under question, (Glider), loads an additional copy of WoW on the computer, to avoid bot-detection software. Blizzard is saying that this is illegal because the people who play WoW do not "own" the game, they have only bought a "lease", and similar crap like that...
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    Any way they can make more money...but yeah, we are safe, as we are learning orentiated, the SCAR is not made for only RS [nor does it mention RS anywhere in SCAR anymore, I think], and because it is freeware.

    If Jagex ever tried to sue my ass I'd go to a bank, get a lot of money, get a good lawyer, sue Jagex for millions for harassing me


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    How could they sue us, SCAR is not made for runescape There are very little RS functions in Scar

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    I think we're fine since we don't mess with their code.

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