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| News Comments > CoD DoS Arrest |
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| 48. |
Re: CoD DoS Arrest |
Dec 11, 2010, 02:44 |
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Many people are actually good at trolling, and often have something to say that's at least worth reading. You spout shit from your keyboard that is so dumb I just feel sad that people like you exist.
Work on that reading comprehension, lady. I said you don't pay to play online.
There is nothing illegal about modifying software that you run on your own machine. Yes, he abused their software to cheat. No, it doesn't qualify as a DoS. The only thing he was denying access to was HIS server.
I'm not arguing that he didn't break the EULA. He obviously did. What he didn't do was commit a criminal offense in the manner of a DoS, which is what this happens to be about.
I get the feeling that you're born to troll the fry bin at fast food chains, not low traffic gaming news sites. |
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| News Comments > CoD DoS Arrest |
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| 47. |
Re: CoD DoS Arrest |
Dec 11, 2010, 02:10 |
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Flatline wrote on Dec 10, 2010, 21:27:
Wrong.
It's a legally binding contract. While in the US you can't sign away certain rights within a contract, it is legally binding generally speaking. I imagine most countries are similar in nature.
Besides, he's apparently being prosecuted under an existing English law, not the EULA. It's a shaky accusation, because you have to legally prove that a CoD server qualifies as part of the infrastructure of the internet. I'd argue, strongly, that it isn't.
I imagine he won't go to prison, but that they're trying to scare the bejeebus out of him and make him an example.
Heck, the kid should sue Activision for criminal negligence and harassment since he's a minor and their EULA did not specifically say not do to this in terms a 17 year old would comprehend.
Ignorance generally is not a valid legal defense. Besides, that's a civil matter, he's in trouble for a criminal matter.
Actually it's not a legally binding contract. This has been proven as such time and again in court. It may cover some items related to actual laws, but the contract on the whole can contain any verbiage they want. It's an agreement in writing, which just happens to hold more water than an agreement that you shake hands on.
Ignorance is an excellent defense, and offense. Why do you think we have so many obvious signs and warning labels?
Lastly, it's not ignorance that he should claim, it's the fact he's a minor and probably isn't technically "legal" to agree to any kind of contract with a corporate entity.
This comment was edited on Dec 11, 2010, 02:50. |
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| News Comments > CoD DoS Arrest |
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| 39. |
Re: CoD DoS Arrest |
Dec 10, 2010, 20:58 |
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CJ_Parker wrote on Dec 10, 2010, 18:50:
How is intentionally disrupting the operations of a commercial online service not a crime? Let me guess... you're one of those commie hippie assholes who believes it's only a crime if "the man" does something your type considers as bad for some mystical reason.
It didn't disrupt the operations of a commercial online service. For one it's free to play online, for two it wasn't an Activision server.
Let me guess.. you're one of those people with an overbearing sense of entitlement and self worth who doesn't actually think before posting racist, ill-informed rants because you have nothing better to contribute?
Have a great day, ignorant consumer! Don't worry- your government will handle all your troubles, like thinking, for you.
It has nothing to do with "the man". It has everything to do with legal precedent and what not speaking out against corporations trying to work the legal system will do to you in the long run. |
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| News Comments > CoD DoS Arrest |
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| 23. |
Re: CoD DoS Arrest |
Dec 10, 2010, 18:00 |
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LittleMe wrote on Dec 10, 2010, 17:48:
Being punished for a theoretical future crime. Sounds like a Hollywood movie dystopian future.
It's funny that they quote the guy saying "this type of crime" when it isn't even a crime in the first place. He was arrested, not convicted. Detective Inspector Redundant should know better.
It seems that he's also confused about the fact that the kid downloaded some software and isn't the person who actually created the booter. |
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| News Comments > CoD DoS Arrest |
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| 14. |
Re: CoD DoS Arrest |
Dec 10, 2010, 16:45 |
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Right- While the EULA may contain pieces about copyright and such, it doesn't mean the entire contents are legal issues at all. It's just an agreement to try and add weight to a company's claims if they need to use it in court.
In this case, if it's not a server they own and manage, then people are free to 'mod' the software they are hosting, and as long as it's something as simple as dropping from a server, and not actually affecting the end user's system or online character somehow, it really isn't a criminal matter. This is more a matter where a company would possibly sue in civil court for damages or a restraining order, not have the kid arrested. Remember, this person is 17. This is not some 30 year old malicious hacker out to try and make money or steal, he was simply padding his stats using something you can download online.
Heck, the kid should sue Activision for criminal negligence and harassment since he's a minor and their EULA did not specifically say not do to this in terms a 17 year old would comprehend. |
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| News Comments > CoD DoS Arrest |
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| 10. |
Re: CoD DoS Arrest |
Dec 10, 2010, 16:19 |
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A EULA is not a legally binding contract, just as me writing something and you agreeing to it by simply clicking an "Agree" button does not make it law.
While this was certainly disruptive, it's on the same level as a server admin booting someone for whatever reason they choose. That is not denial of service, and given that players selected this server among countless others, the game was still plenty available for all of their customer base.
You don't own the software in the sense you don't get a copy of the IP and source code. But you certainly own the one-off data files that are on your system or your server, aside from copyright related issues.
Like I said before, different story if this server actually was one of Activision's and not the defendant. |
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| News Comments > CoD DoS Arrest |
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| 4. |
Re: CoD DoS Arrest |
Dec 10, 2010, 15:56 |
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| Hold on a minute. Was this kid hosting the server? If so, I fail to see how this is illegal in any manner. Seems to be pretty short on details. |
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| News Comments > Miner Wars MMO with Preorders |
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| 7. |
Re: Miner Wars MMO with Preorders |
Nov 23, 2010, 20:57 |
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| Miner Wars is a great idea. You're not so much buying the game as you are enabling further development of a cool idea. I'd rather risk twelve bucks on that any day than drop $80 on some horrid EA game that's just stamped out of their generic "blockbuster games" press. |
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9 Comments. 1 pages. Viewing page 1.
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