Legal Battle Between Glider and Blizzard Will Likely Continue

[Greg Tito]

Legal Battle Between Glider and Blizzard Will Likely Continue

Blizzard won the case, but the decision has far-reaching effects on the videogame industry's dependence on EULAs.

Glider is a program which allows you to program a bot to basically play World of Warcraft for you to level up your character while you are away. First released in 2005, the bot has earned over $3.5 million selling for $25 a pop. Back in 2006, Blizzard sued MDY Industries and Glider author Michael Donnelly for infringing on its copyrights and breaching the contract of the End User License Agreement (EULA) you sign every time you patch WoW. In July 2008, a local court awarded Blizzard $6.5 million but the case was appealed to the 9th Circuit and that court's decision today again found that Glider was illegal, but, as we reported earlier [http://www.escapistmagazine.com/news/view/106171-Legal-Technicality-Protects-Bot-Using-WoW-Players-From-Copyright-Lawsuits], not for copyright infringement as Blizzard had argued. Instead, the court found that Glider was made to specifically circumvent the Warden protection program put in place to detect such activity, and that this violated the Digital Millenium Copyright Act. But because of a call for a retrial on a point about damages and all that is at stake for both parties, we will likely see this saga continue.

Earlier court precedent has upheld the fact that consumers don't legally own a copy of games or other software but only own a license to operate it on their machines. The important thing here is that Blizzard was arguing that because the EULA states that cheating or bot programs of any type infringe on its copyrights. The decision said that just because Blizzard says it, doesn't necessarily make it so, weakening the power that software-makers wield in enforcing EULAs.

Blizzard is also claiming that Glider resulted in lost revenue from subscriptions and is asking for MDY Industries to pay those damages. The amount that Blizzard is asking for is not known, but it was stated that the company pays $940,000 a year in dealing with customer complaints about bots. The 9th Circuit Court did not make a decision on this point, and asked for a retrial.

So it's likely that we will see the three-year drama of Blizzard vs. Glider continue, at the very least to figure out whether MDY will pay damages. It's also possible that either side will apply for the case to be heard before the Supreme Court of the United States.

Given that Chief Justice Roberts is trying to make his tenure leading that august body about copyrights and First Amendment issues and that he has taken on cases regarding videogames before [http://www.escapistmagazine.com/articles/view/issues/issue_281/8356-Battlefield-Washington], arguments whether it's illegal or not to use a third party program to not play World of Warcraft may be heard in the highest court of the land.

What a world.

Source: Gamer Law [http://www.gamerlaw.co.uk/2010/12/thoughts-on-wow-glider-appeal.html]

Permalink

 

[Anton P. Nym]

I'm still trying to wrap my brain around the concept of paying a subscription fee for a game and then buying a program to play that game for you because you can't be bothered to play it enough. Some folks have more dollars than sense, I guess.

-- Steve

 

[Tiamat666]

I'm still trying to wrap my brain around the concept of paying a subscription fee for a game and then buying a program to play that game for you because you can't be bothered to play it enough. Some folks have more dollars than sense, I guess.

-- Steve

That's what I was thinking. I guess its the same difference as with people who drive a Ferrari because they enjoy driving and love the car, and the people who drive a Ferrari because they want to be seen with it. Or the people who go to a nice restaurant because they enjoy the food and those who just want to be seen there.... gourmets and posers, they exist at every level.

 

[Imp Poster]

Wow, what will that say about EULAs or TSAs(Terms of Service Agreements)? It doesn't even hold in court so what's the point? The lack of legislation for EULAs in the ditigal world is a big problem. You create that gaming world, make people agree to the rules of the gaming world, but can't enforce any of it. Well, if that is the case. Maybe you can get the courts to unban you if you ever did get banned. I would even bet that as a consumer, if they did ban you, you should be able get your money back that you paid but didn't entirely play that whole month.

 

[Computer-Noob]

isn't a EULA an agreement which you sign to use the program?
as in when you violate it, you cannot use your license?

so glider is actually not guilty (i don't want to say innocent), as it's the end user that's using the bot.

basically: murderers get convicted, gunfactories do not.

I think the difference here is that you have a gun specifically meant to kill an individual in a specific way. IE innocent people only. The bot program in question can be used for WoW, but for nothing else. It has a single purpose and a single use.

So your comparison isnt entirely correct.

 

[Desenova]

I'm still trying to wrap my brain around the concept of paying a subscription fee for a game and then buying a program to play that game for you because you can't be bothered to play it enough. Some folks have more dollars than sense, I guess.

-- Steve

Took the words right out of my mouth.

 

[BabyRaptor]

"Earlier court precedent has upheld the fact that consumers don't legally own a copy of games or other software but only own a license to operate it on their machines."

Could someone explain to me how this conclusion was arrived at? I went to a store and paid for every game I own. They are all registered in my name. How, exactly, do I not own those copies of those games?

Furthermore, does this mean that if a Blizzard employee showed up at my house and demanded my games, I would have to hand them over for fear of punishment? I'd be screwed...I haven't actually had my Vanilla disks for Goddess knows how long now.

 

[DeadlyYellow]

Some folks have more dollars than sense, I guess.

-- Steve

Why do you think RMT thrives as it does?

I will never understand why people think it's a good idea to trade real money for nonexistent money.

 

[Exort]

"Earlier court precedent has upheld the fact that consumers don't legally own a copy of games or other software but only own a license to operate it on their machines."

Could someone explain to me how this conclusion was arrived at? I went to a store and paid for every game I own. They are all registered in my name. How, exactly, do I not own those copies of those games?

Furthermore, does this mean that if a Blizzard employee showed up at my house and demanded my games, I would have to hand them over for fear of punishment? I'd be screwed...I haven't actually had my Vanilla disks for Goddess knows how long now.

It is because under law you are allowed to copy the game and sell it if you "own" the game. So basicly, they make it you only "own" the right to play the game, therefore you can't copy and sell it.
It has been like this for a long time (Almost all software, from Windows to firewalls pretty much everything). Nothing really shocking by now.
By the way how does the Blizzard employee have the right to take your right to playing the game? Unless you voliate the EULA.

 

[Jodah]

Wow, what will that say about EULAs or TSAs(Terms of Service Agreements)? It doesn't even hold in court so what's the point? The lack of legislation for EULAs in the ditigal world is a big problem. You create that gaming world, make people agree to the rules of the gaming world, but can't enforce any of it. Well, if that is the case. Maybe you can get the courts to unban you if you ever did get banned. I would even bet that as a consumer, if they did ban you, you should be able get your money back that you paid but didn't entirely play that whole month.

It still gives them the power to ban you from their servers. They just can't sue you or have you sent to jail/prison for it.

 

[SinisterGehe]

I really don't understand it anyways.

So what if there is a bot playing your character? WoW or RS, it doesn't matter. On WoW, the player with the bot still gives money to Blizzard monthly, I really don't see the issue. I approve for bots to simply grind the tasks I don't wish to participate in and focus on more interesting sides of such game.

But I suppose I will get flak or arguments against it, be my guest.

Well, that is not really the issue here (in my opinion).
Since these people can stay on-line grinding materials and gold 24/7 if they want to, with those resources they are able not only to destroy the servers economy with the auctions house but also make gaming experience worse to other people of the community. When these other people of community get displeased to the game (Lets say we have one botter who gathered resources to crash the market and turn everything really expensive with the manner of buy everything and sell expensive...), and from the actions of one botter 10 people got displeased and lost their enjoyment for the game (since the servers economy plays a big part in the later gaming experience since gear, potions and such are vital for progress in harder content) and they decided to cancel their subscription, this is for 11euros income for person who both they will loose 110 euros, would you be happy about that as a businessman?

The question becomes a clear paradox since we have no set guidelines to limit this subject. On contrast hes freedom of speech and act allows him to use the license of the game as he sees fit (Unless the breaks the agreement he agreed to be allowed to use that license). Blizzard as a company has a right to make sure their license are not abused, or behavior of a certain customer will not disrupt the gaming experience of other customers (Abuse behavior rules). There is also a legal and contract wise aspect against the program and selling it, he is making money by selling a program that uses another program without the agreement of the owner of the program that is being controlled and if this is Illegal or against the terms to use the program, the person selling this program and hes customers using this program are in the situation to be punished.

I have myself played wow on a server that had a good deal of botters, cheaters and gold spamers. The lag to the server was horrible, economy of server down the drain, value of items high and basic resources low, people who didn't buy money just couldn't be able to sustain the amount or resources required to succeed in the hard PvE and PvP content, grinding all of these materials was impossible and extremely impractical, since all areas that had a certain resources were being harvested by people using questionable means for it.

 

[CardinalPiggles]

i hate bots

ALOT

they ruin the game for other people, they not only bugger the economy but also take resources and end up with WAY too much money, its cheating in my opinion, disturbing natural order.

 

[Tethalaki]

By the way how does the Blizzard employee have the right to take your right to playing the game? Unless you voliate the EULA.

Read the EULA, it will have something saying that they can remove access from "your" account at any time for whatever reason.

 

[Petromir]

"Earlier court precedent has upheld the fact that consumers don't legally own a copy of games or other software but only own a license to operate it on their machines."

Could someone explain to me how this conclusion was arrived at? I went to a store and paid for every game I own. They are all registered in my name. How, exactly, do I not own those copies of those games?

Furthermore, does this mean that if a Blizzard employee showed up at my house and demanded my games, I would have to hand them over for fear of punishment? I'd be screwed...I haven't actually had my Vanilla disks for Goddess knows how long now.

It is because under law you are allowed to copy the game and sell it if you "own" the game. So basicly, they make it you only "own" the right to play the game, therefore you can't copy and sell it.
It has been like this for a long time (Almost all software, from Windows to firewalls pretty much everything). Nothing really shocking by now.
By the way how does the Blizzard employee have the right to take your right to playing the game? Unless you voliate the EULA.

Its not just software, things like books, movies, and music are almost all sold in this way, its just until recently its been a) hard to do much about anything but people actively selling their illegal copies and b) thats about all you could do copy.

The only new things are the attmepts to prevent resale of said licensed media. (And in the games world thats more to do with games shops making an indecent profit on it, peer to peer swapping and trading I doubt they're botherd about).

What alot of people think they've done and what they've actually done with regards to buying such media doesnt seem to be the same.

 

[Petromir]

isn't a EULA an agreement which you sign to use the program?
as in when you violate it, you cannot use your license?

so glider is actually not guilty (i don't want to say innocent), as it's the end user that's using the bot.

basically: murderers get convicted, gunfactories do not.

I think the difference here is that you have a gun specifically meant to kill an individual in a specific way. IE innocent people only. The bot program in question can be used for WoW, but for nothing else. It has a single purpose and a single use.

So your comparison isnt entirely correct.

someone violated a contract (the law is in it's own way a contract), they did so using tools made by someone else. but now blizzard is sueing the toolmaker, and not the person who violated the contract.

But in making the tool the maker also violated the contract, and then gained by providing the tool for others to break it. Its abit like dealing and using in drugs, guess which has the greater penalty under law?