Blizzard Squeezes $88 Million From Private Server Owner

[ziggy161]

I still don't understand why people like WoW.

The graphics are straight out of 1999, the grind is mind-numbing, it's full of foul-mouthed children, and it costs $15 a month + $X for expansions.

Starcraft II, that I understand. But WoW? I'll never understand the appeal (besides people in denial & refusing to admit they wasted their life/money on it, so they keep playing).

That last part there is the reason. It's a tough cycle, that's why people usually try to sell their characters to get out (though that is also illegal I think) I have sooo many friends-turned-WoW-zombies DX
On topic, I think that woman will probably try to kill herself (lifetime financial ruin...) Then who'll take Blizzard's side?

 

[Enigmers]

Why in God's name didn't she at least come to court, if only to say "Look, this is ridiculous, I'm never going to see $88 Million in my life." Why didn't she listen to the Cease and Desist letters? People can go on and on about "this is unfair" "blizzard have no soul" "if you have no sympathy for this woman you should put a shotgun in your mouth and kill yourself." Evidently, she didn't care that she had to pay $88 million, because it's quite evident that she didn't do shit about it

 

[Lord Mountbatten Reborn]

Well, that person's fucked. I'd go into hiding and join the Somalian pirates - at least you'd have fun robbing again.

 

[Blimey]

I don't even understand the point of these outrages sums. The server owner for fucking sure didn't take $88 million from them. And let's be honest, since when did losing retardedly large sums of money stop people from doing illegal shit? The RIAA has proven it doesn't work. Just my 0.2c though.

 

[ArMartinez02]

i kinda feel bad for her, but she knew the consequences, but 88m? thats just too much, this gives me another reason to stop buying activision games, kotick i hate u

 

[Seldon2639]

Unless she has the 87 million on hand she will never get out from under the debt because of the interest (which can run as high a 27%) and Blizzard pretty much owns her as a virtual slave for the rest of her life.

Garnishment is usually around 80% btw.


So, for the rest of her life she will only make 20% of what she earns and the debt will just keep getting bigger with no hope of ever being paied off. And this is perfectly legal.

Well, the interest is set by statute and pegged to the actual interest rate. It's basically just adjusting for inflation at this point. It's not going to get anywhere near 27%.

That said, she profited off of the works of other people. In her case, she didn't just pirate it, she actually *sold* access to it. That's not just a "no-no", that's a big-time no-no.

I don't even understand the point of these outrages sums. The server owner for fucking sure didn't take $88 million from them. And let's be honest, since when did losing retardedly large sums of money stop people from doing illegal shit? The RIAA has proven it doesn't work. Just my 0.2c though.

The damages aren't done based on lost profits. Basically, every individual transaction counted as an individual violation of Blizzard's copyright. Those care penalties laid out in statute; it's not strict liability.

Don't feel too bad for her. She probably doesn't personally owe anything. If she was smart at all the company was incorporated and is its own legal entity. She bankrupts the company and closes it down and the debt just goes away.

Except that DCMA violations are one case where the courts can pierce the corporate veil. She acted as a fiduciary agent for her company (as the owner and CEO) and engaged in illegal practices. Without reading the case, I'd bet dimes to dollars that the court held her and the company to be personally and severally liable for all damages.

Directly OT:

She ignored the C&D, she ignored the summons, and she got screwed for it. I'm really not going to lose any sleep about it.

 

[Denamic]

While I think it's right to crack down on private servers, especially ones that earn money doing it, but... 88 million?
Even if they charged twice the actual monthly fee for the legit WoW, it would still noteven come close to warrant such an outrageous sum.
It'll literally destroy those people's lives.
It's not right.

Current copyright laws and the enforcement of them are stupid.

 

[Serial007]

I might have a seriously bent moral compass but I am not sure where the big problem is. The way I think about things is that expansion through creative means should always trump the concept of copyright and patent. Essentially this is my thought process.

Buying a game to support development [Good], Paying blizzard to play on Blizzard servers [Good], Modifying code to play on own server [Good], Modifying code to play on Blizzard servers for free [Very Bad], Allowing others to connect to own server for free if they have paid for their own game discs [Good], Creating additional content for an existing game [Good], Charging for content you created [Good], Charging for content you did not create [Very Bad].

From this perspective, as long as everyone is in ownership of original game discs and the server is privately run, and only originally made content is part of a micro-payment system then there shouldn't be an issue.

I agree that it is a violation of a company's licensing agreement but that is something that can usually only be read in full usually after buying, opening, and installing a game, at which point in most places it cannot be returned or refunded, therefore creating a one-sided agreement. That would parallel to agreeing to a strip search upon entering a building because of the sign on the far wall opposite the door.

The part I don't understand is the lawsuits, if people have a demand for something why not supply that demand? Instead of wasting time, money, and resources on lawsuits for media attention why not use the private server model as a ground for scouting consumer trends then incorporate your findings into your intellectual property and make more profit? Lawsuits just seem to me like blizzard is crying over someone making blinky swords and telling court to beat them up instead of making their own bigger better blinky swords and getting both the profit at the same time drawing attention away from those trying to detract from intellectual property. Wouldn't everyone then win?

 

[steeple]

Shit.... I mean realy how in hell did this happen?
sure she broke the law and sure they have the right to sue her, but this amount is just.... just sick...
i disagree with the people here who say she deserved it, because i feel that the law isnt supposed to make an example by creating extreme punishment (and this one is trully the mother of all overkills)...
note that this is my personal opinion, i have no problem with other people having different opinions, and im fully aware that there is a 95% that no one will see this comment

 

[treblez88]

Sooo..
1) She decides to run a private server but not only satisfied with pirating blizzards game she makes profit of it as well, profit going into the millions of dollars.
2) She was given a cease and desist. At this point she could have shut down the server and walked away with the 3 mill in illegal profit.
3) She ignores the C & D and tries to keep making money. Blizzard then makes a court case out of it.
4) She ignores the summons to court, doesn't show forcing the judge too award the high amount of 88 mill.

...and half of you guys are saying how mean blizzard is and how its so unfair and too feel sorry for her?

Sorry but shes a god damn dumb ass, a greedy one at that.

 

[someotherguy]

Blizzard was just mad that every member of humanity didn't buy two starcraft copies.

Sooo..
1) She decides to run a private server but not only satisfied with pirating blizzards game she makes profit of it as well, profit going into the millions of dollars.
2) She was given a cease and desist. At this point she could have shut down the server and walked away with the 3 mill in illegal profit.
3) She ignores the C & D and tries to keep making money. Blizzard then makes a court case out of it.
4) She ignores the summons to court, doesn't show forcing the judge too award the high amount of 88 mill.

...and half of you guys are saying how mean blizzard is and how its so unfair and too feel sorry for her?

Sorry but shes a god damn dumb ass, a greedy one at that.

but no, In all honesty this. Don't moan and complain, blizzard has invested billions of dollars and man hours into this, she could've walked away.

 

[someotherguy]

I might have a seriously bent moral compass but I am not sure where the big problem is. The way I think about things is that expansion through creative means should always trump the concept of copyright and patent. Essentially this is my thought process.

Buying a game to support development [Good], Paying blizzard to play on Blizzard servers [Good], Modifying code to play on own server [Good], Modifying code to play on Blizzard servers for free [Very Bad], Allowing others to connect to own server for free if they have paid for their own game discs [Good], Creating additional content for an existing game [Good], Charging for content you created [Good], Charging for content you did not create [Very Bad].

From this perspective, as long as everyone is in ownership of original game discs and the server is privately run, and only originally made content is part of a micro-payment system then there shouldn't be an issue.

I agree that it is a violation of a company's licensing agreement but that is something that can usually only be read in full usually after buying, opening, and installing a game, at which point in most places it cannot be returned or refunded, therefore creating a one-sided agreement. That would parallel to agreeing to a strip search upon entering a building because of the sign on the far wall opposite the door.

The part I don't understand is the lawsuits, if people have a demand for something why not supply that demand? Instead of wasting time, money, and resources on lawsuits for media attention why not use the private server model as a ground for scouting consumer trends then incorporate your findings into your intellectual property and make more profit? Lawsuits just seem to me like blizzard is crying over someone making blinky swords and telling court to beat them up instead of making their own bigger better blinky swords and getting both the profit at the same time drawing attention away from those trying to detract from intellectual property. Wouldn't everyone then win?

She didn't create the microtransacation content though, did she not?

 

[Gindil]

I might have a seriously bent moral compass but I am not sure where the big problem is. The way I think about things is that expansion through creative means should always trump the concept of copyright and patent. Essentially this is my thought process.

Buying a game to support development [Good], Paying blizzard to play on Blizzard servers [Good], Modifying code to play on own server [Good], Modifying code to play on Blizzard servers for free [Very Bad], Allowing others to connect to own server for free if they have paid for their own game discs [Good], Creating additional content for an existing game [Good], Charging for content you created [Good], Charging for content you did not create [Very Bad].

From this perspective, as long as everyone is in ownership of original game discs and the server is privately run, and only originally made content is part of a micro-payment system then there shouldn't be an issue.

I agree that it is a violation of a company's licensing agreement but that is something that can usually only be read in full usually after buying, opening, and installing a game, at which point in most places it cannot be returned or refunded, therefore creating a one-sided agreement. That would parallel to agreeing to a strip search upon entering a building because of the sign on the far wall opposite the door.

The part I don't understand is the lawsuits, if people have a demand for something why not supply that demand? Instead of wasting time, money, and resources on lawsuits for media attention why not use the private server model as a ground for scouting consumer trends then incorporate your findings into your intellectual property and make more profit? Lawsuits just seem to me like blizzard is crying over someone making blinky swords and telling court to beat them up instead of making their own bigger better blinky swords and getting both the profit at the same time drawing attention away from those trying to detract from intellectual property. Wouldn't everyone then win?

This has to be one of the best posts in here. Kudos, good sir.

It's as if Blizzard never thought that others can't compete with them but they can control the world through force of law which I don't agree with.

 

[Serial007]

It's as if Blizzard never thought that others can't compete with them but they can control the world through force of law which I don't agree with.

This is the part that bugs me the most. Essentially the legal system is being used for enforcing control and not maintaining a state of competition in which the economic system is supposed to be based on. This would be a very simple case to judge if that was kept in mind.

The defendant would be ordered to pay maximum 30% of profits for using intellectual property for personal gain. This would be solidified in a licensing agreement in which if Blizzard uses any new content from the private server in their system the cost would be reduced to 10%.

Blizzard would be fined heavily for failing to establish that their company suffered significant damages as a result of this situation. This fine would be reduced if they establish a system of authorized content usage and licensing so that more court cases like this don't have to tie up the legal system.

The defendant wins in that they continue running their server, although at a lesser profit margin. Blizzard wins in that they make money off of unofficial content usage. The court system wins from not having to deal with these types of cases as often and gets to collect big legal fees from this case. The consumer wins in that they get more choice over what they want and there is more competition to keep things interesting.

 

[cefm]

Who the hell would have played on that server? It's not like it was free - she made $3M in profits off of it!

Stupid ***** deserves it. Hopefully there are criminal charges as well.

I don't love the WOW monthly fees, but I like even less the idea of someone ELSE gouging the player's pocketbook who isn't even connected to the creators of the game.