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Blizzard Bot Decision Reversed

The Mondaq Intellectual Property Blog has word that the United States Ninth Circuit Appeals Court has reversed the $6 million awarded to Blizzard in their legal action against the creators of the WoW Glider bot for World of Warcraft (thanks Mike Martinez via Slashdot). Though the court found no liability for secondary copyright infringement, they did find the bot to be a violation of the Digital Millennium Copyright Act (DMCA). Word is: "The appeals court held that MDY's anti-detection technology violated Section 1201(a)(2) of the DMCA, which prohibits trafficking in products that circumvent technologies designed to control access to copyright protected works. In reaching this conclusion, the court rejected the Federal Circuit's seminal ruling in Chamberlain Group, Inc. v. Skylink Techs., Inc. holding that circumvention technologies which do not facilitate copyright infringement do not trigger liability under Section 1201(a)(2) of the DMCA. Thus, even though as discussed above the court ruled that Glider did not facilitate copyright infringement, MDY could still be liable under the DMCA for circumventing Warden's detection features." Here's what they say this all means:

This decision could have significant implications for another lawsuit filed by Blizzard against three alleged hackers who created "cheats" for StarCraft II, another popular Blizzard game. Blizzard has alleged similar claims of secondary copyright infringement against the defendants in that case. This decision may lead to dismissal of those copyright claims, although the defendants may still be liable for tortious interference with Blizzard's contracts.

The decision also creates a conflict between the Federal Circuit and the Ninth Circuit on an important question of federal statutory interpretation whether a plaintiff seeking to hold a defendant liable under the DMCA for selling a technology-circumventing device must prove that the device facilitates copyright infringement. This conflict may call, ultimately, for Supreme Court resolution.

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5. Re: Blizzard Bot Decision Reversed Dec 24, 2010, 19:21 Veterator
 
I dunno if they argued it or not, and it's probably on a per user basis. But it's a simple fact that cheat programs ruin persistent games. It may not ruin it right the minute they turn them on, but over time you can see the damage those programs do as people get them to do all sorts of asinine things 24 hours a day 7 days a week month after month. These type of programs and gold selling/buying go hand in hand.

They make the barrier to entry beyond what normal people can stand to do on their own limited time barriers, and basically require others to use the programs just to remain in the same ballpark as others.

So these programs a lot with a lot of other questionable play styles, such as exploiting game faults, hacking accounts (because they are worth dollars due to gold selling), and all the other ugly things that come along with the mixture cause real loss to the company when trying to fight them, and to the other players who have to survive in a world that may be full of them.

Plus it's the wrong solution to a problem no one seems to ever feel the need to explore. If the game is so tedious or so boring that you need a computer to play for you....why do you continue to pay to "play" it? And when you use the program and continue to pay the fees, you essentially guarantee that what you found lacking will never be recognized as a problem and addressed or fixed because your program plays through it..and people who don't mind it play through it. You've backed yourself into a corner where you can't complain because then the fact that you're a cheat might come to light.

It's a stupid thing with MMOs, instead of reducing the prices of items or increasing loot drops or quest designs you end up with people who buy gold/bots/levelling services to avoid playing. And MMOs continue to copy ideas that don't appeal to you.....because they see others continue to have a huge (and assumed happy) fanbase.

This stuff drove me nuts in WoW, so I quit. Because the items and drops were becoming either not worth getting on your own due to them being so cheap. Or so insanely expensive only botters and heavy time investment players can afford them. Not to mention PVP was full of bots and harvest locations were culled by bots......etc. It completely put me off to the game in a short month of noticing these little programs running around and petitions never resulting in their ban in reasonable amount of time. Saw one bot go for nearly 5 months before he was banned, he had a new bot out there in 3 days.
 
Previous Post Next Post Reply Quote Edit Delete Report
 
    Date Subject Author
  1. Dec 24, 15:19 Re: Blizzard Bot Decision Reversed D_K_night
  4. Dec 24, 16:18  Re: Blizzard Bot Decision Reversed Cutter
  2. Dec 24, 16:08 Re: Blizzard Bot Decision Reversed Jivaro
  3. Dec 24, 16:13 Re: Blizzard Bot Decision Reversed WyldKat
>> 5. Dec 24, 19:21 Re: Blizzard Bot Decision Reversed Veterator
  6. Dec 24, 20:09 Re: Blizzard Bot Decision Reversed Paketep
  7. Dec 24, 21:40  Re: Blizzard Bot Decision Reversed Vex
  8. Dec 25, 00:42 Re: Blizzard Bot Decision Reversed Wallshadows
  9. Dec 25, 06:43 Re: Blizzard Bot Decision Reversed Eldaron Imotholin


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