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WoW Justice

Yesterday, Blizzard was awarded a summary judgement against MDY Industries, LLC, makers of the popular grind-bot program, Glider. Drawing on a 1993 ninth circuit decision in the case of MAI Systems Corp. v. Peak Computer, Inc. (where it was decided that a copy of software loaded into RAM constitutes a legal copy for the purposes of copyright), the court agreed with Blizzard's assertion that the Glider program violates copyright by making alterations to the World of Warcraft software after it is loaded.

This is an interesting decision that could have some far-reaching implications in the software world. Imagine, if you will, that Microsoft decided that OpenOffice was cutting in on their productivity software. A little tweak to their EULA for Windows that allows only Windows-approved programs to run on their operating system, and they might have a strong case against anybody they don't like anymore on the grounds of copyright infringement.

To bring it into the gamespace, do you like unapproved mods? A precedent like this might strike a little fear into the heart of some mod developers, as they could become targets by making mediocre games fun again.

I'm not trying to be alarmist here. I think it's pretty safe to say that companies don't want to alienate consumers on a broad scale by throwing down lawsuits against every nickel-and-dime operation out there. That said, they probably could now, and that's scary enough on its own.

 

[via Neoseeker]


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14 comments | showing # 1 to 14

loki d20's Avatar - Comment posted on 07/16/2008 17:42
loki d20
There's a huge difference between a Mod and a data scraper.
king3vbo's Avatar - Comment posted on 07/16/2008 17:59
king3vbo
The example you give is what scares me about this decision. As of now, it's harmless. In fact, I agree with Blizzard.

HOWEVER, it sets a legal precedent for something like the scenario with Microsoft changing their EULA
loki d20's Avatar - Comment posted on 07/16/2008 18:13
loki d20
Your scenario mentioned, by the way, wouldn't fly. Too many applications are made just with .NET on a daily basis that the developer backlash to such a thing, which would go public and spread like wildfire, would bring up monopolistic behaviour that MS really doesn't want to get into again now that they're expanding their areas into digital media and gaming (yeah, ask Netflix who gave them the streaming technology as well as millions of dollars to keep them afloat; similar situation with Amazon.com Unbox).
mix's Avatar - Comment posted on 07/16/2008 18:28
mix
Pay me $600 and I will take a week off and level the crap out of whatever needs to be leveld up....
Conrad Zimmerman's Avatar - Comment posted on 07/16/2008 18:33
Conrad Zimmerman
@loki d20: You're absolutely right about the developer backlash. That's not my point. What I'm suggesting is that there is now a legal foothold for such behavior. How stupid it might be for one company or another to actually use such a draconian measure is another matter entirely.
loki d20's Avatar - Comment posted on 07/16/2008 18:43
loki d20
@Conrad: No, it is the matter, entirely specific to your example, which is so preposterous that it's a horrific example.

While there may be foothold for similar concepts, such limitations already exist at a reasonable level. Some DVD Ripper software checks to see if DVD unlocking applications are running on a machine before a copy action can be taken with the DVD Ripper software.

Furthermore, an updated EULA would need to be presented PRIOR to any software update that would limit such actions (it is illegal to do otherwise and the company in question can be sued for the cost of the product as well as the estimated profit that the product may have given the plaintiff), and therefore would be a user-beware type of element. It's not something that will "just happen," nor would it be something that wouldn't be reported on heavily prior to such an update and what it means in today's day and age of online reporting and blogging.

Honestly, it's just not a probable action that would be taken outside of what has already been taken in today's day and age. Possible? Yeah, but not at such a level that I wouldn't place all my eggs in one basket regardless.
Wexx's Avatar - Comment posted on 07/16/2008 18:46
Wexx
Nooooooooooooooooo! bad precedent is bad.
John B's Avatar - Comment posted on 07/16/2008 18:47
John B
I think you guys are all being alarmist. We're talking about a binary that gets modified after it is loaded into memory. How does Windows really apply to that? All programs have their own binaries that call Windows binaries. And if the issue is about things like DLLs, the program can always include its own and leave them in the installation directory.

And keep in mind that this case was specifically about a program that was meant to perform actions in a game without the human being there. I'm sorry, but I think that's cheating. (Yes, that's a whole can of worms, but if you don't have time to play the game yourself, you probably shouldn't have bought it.) I don't see how the scope of a binary being modified after it's loaded in RAM to cheat in a game can apply to programs running in Windows.

And I don't know any game mods that actually replace the game's core binaries. Some configuration files? Yes, but they're not binaries that play the game for you while you're not there.
Volomon's Avatar - Comment posted on 07/16/2008 19:43
Volomon
I think you need to drop the comparison, theres laws against Monopolization already, might have missed those in law school.

The only reason they won is some technicalities in the way Glider operates in the newest edition of Glider they removed these infringements but it has already been to late.
Fiat Mediocrity's Avatar - Comment posted on 07/16/2008 20:14
Fiat Mediocrity
Okay. So Blizzard did something about cheaters.

Cry some more.
TurboHyperFighting's Avatar - Comment posted on 07/16/2008 20:48
TurboHyperFighting
I agree that it was probably the best platform for Blizzard to win their argument, and I truly hope that their intention was to get rid of this "cheating" software. However, this is just how the legal system works. To a lawyer, the law is the law and any precedent (i.e. previous decisions by a court) that can help them win a case will be utilized to the fullest extent the slimy attorney bastards can manage.

Lawyers aren't that different from us gamers after all, I guess. They just want to win, too.
kagai's Avatar - Comment posted on 07/16/2008 23:11
kagai
Precedent is precedent and this precedent is scary!
zeroword's Avatar - Comment posted on 07/17/2008 12:57
zeroword
The big problem with this precedent is what happens when the MPAA and RIAA get wind of this anyone playing a non-drm mp3 file or a avi of a movie on their computer is guilty of copyright infringement.
loki d20's Avatar - Comment posted on 07/17/2008 14:19
loki d20
@zeroword: That makes no sense whatsoever. With the ability to create DRM-free audio and video files from existing CDs and various video formats, let alone the need to work with the developer of the OS to force a tracking program onto the computer and to continually update a central database on such information, there's no way they can do anything like this. Let alone the fact that they get paid for the sale of DRM free content already (Amazon.com MP3s are DRM-free).
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