The possible outcomes of Blizzard's Glider lawsuit
by Mike Schramm 
May 12th 2008 at 3:30PM
Terra Nova put a quick post up about putting the Blizzard vs. WoW Glider case (and the Public Knowledge amicus brief) in the larger context of whether or not End User License Agreements are "good" or "bad," but even better than the post is the comments section. Lots of MMO heavies, including Richard Bartle, show up to break down just what Blizzard is trying to do with their claim against the botting software, and what they might end up doing to the industry at large.No one is against Blizzard's goal of trying to stop cheaters. But the way Blizzard is going about it puts their stance in jeopardy -- they're saying that cheating in their MMO is a violation of copyright, and that is a completely different issue. Even Bartle himsef says this is an "ends justify the means" argument -- Blizzard is just using the copyright issue to get the judge to say that cheating is bad. As we posted the other day, Public Knowledge believes that any decision that says "yes, Glider breaks copyright law," could then be used as a precedent for calling any EULA violation a copyright violation.
Adam Hyland, in the Terra Nova thread, has the breakdown of outcomes: either a judge rules completely in favor of MDY/Glider (thus leaving every software maker open to EULA violations -- very unlikely), or a judge rules either narrowly in favor of Blizzard (saying that yes, cheating is wrong, but it's not a copyright issue), or wholly in favor of Blizzard (which Public Knowledge fears the most -- if breaking the EULA is a copyright violation, everyone who names their character XXNoobz0rXX is breaking copyright law). We'll have to see what comes out of this case, and hope that it's for the best for both Blizzard and their players.
Filed under: Analysis / Opinion, Odds and ends, Blizzard
Reader Comments (Page 1 of 1)
loopinvariant May 12th 2008 4:11PM
I hate cheaters, but I hate EULA's more. I'm hoping that Blizzard loses their argument in a bad way to further weaken EULAs.
Then they can lick their wounds and go after Glider on other terms.
Alchemistmerlin May 12th 2008 8:55PM
Why do you hate EULAs?
loopinvariant May 12th 2008 9:06PM
The following quote sums it up pretty well. Do a Google search on "why eulas are bad" for more reading.
"the National Consumer Council in the UK has released a report pointing out that software end-user license agreements (EULAs) are unfair. The problems with EULAs have been widely discussed before. They're generally dense and full of legal language, so that users have no idea what they're agreeing to. They're non-negotiable, so it's not like a standard contract either. Often people need to agree to them before they can even read all the terms ("by opening his package, you have agreed to..."). The end result, of course, is that no one reads them. If you did, you would probably never agree to what they said anyway. So, while this is nothing new, it's nice to see consumer protection groups shining a light on how EULAs are very often unfair."
http://www.techdirt.com/articles/20080219/124330295.shtml
jrb May 13th 2008 9:22AM
EULAs are not inherently bad things. For the most part they are to protect all parties involved, and as such are a necessity of a society that wishes to sue, countersue, each and everyone for every little petty squable. I agree that EULAs CAN be bad, if, for example someone wanting to carry out illegal or legally-grey activities (spyware) can to some extent cover their ass with EULAs, but generally EULAs are provided by law abiding software manufacturers, and i would count blizzard in that.
Druid dude May 12th 2008 4:11PM
Botters suck, no doubt. But Blizzard is going about this in a way that is pretty disturbing. They are saying that copyright laws are being infringed upon like this:
* When you run WoW, your computer makes a copy in RAM (as does any software program).
* Such a copy is allowed by copyright law
* Blizzard claims they grany license to users to create/use this RAM copy. This is flat out incorrect. Users already have the right to such a copy.
* Blizzard claims that this RAM copy is only licensed to users IF they follow the ToS. In fact, they can not 'grant license' to something that users already have legal license for.
* Since Glider causes users to break this imaginary license Blizzard is granting, the one we already have legal right to, the makers of Glider are encouraging Blizzard's software users to violate copyright law.
Check this out, explains it better:
http://www.publicknowledge.org/node/1547
So what it means if Blizzard wins this, is that if you make a character that violates their ToS/EULA, perhaps because of the name, you get sued for copyright violation.
TLDR version: If Blizz wins, and you have a character named something like Zomgnukedyou, you get to cough up between $750 and $150,000 for your copyright violation.
The ramifications for abuse outside of WoW are just astronomical.
You make a flame post on a website that has a ToU forbidding flaming, bam. $750 - $150,000 for that post.
This would be used as a club in ways that would make the RIAA look like Saints.
Eamara May 12th 2008 4:30PM
Deterring people from making stupid names? Deterring people from making stupid posts?
Sounds like a win to me.
wyrd May 12th 2008 6:10PM
I'm assuming you aren't actually naive enough to believe that names and posts aren't the only thing our corporate overlords would use a ruling like this against. They would use this to rape our fair use rights.
Naix May 12th 2008 4:47PM
Blizzard could wipe all botters out the game for good with 1 fell swoop. All they have to do is release some servers where the character starts out the game as a level 70 rockin some greens and 3 gold. You could only make 1 character once a month. This would squash the need to buy a bot all together. Honestly I find leveling boarding as hell. I am working on my 4th 70 (Level 51 Druid) and I think I would rip my eyes out than level another toon to 70. I hope to make this my main (cause Druids can do a bit of everything) and stop making alts for good.
MechChef May 12th 2008 9:31PM
As a person who regularly delves into the world of IP, it's such a filthy and subjective game.
Zoom May 12th 2008 7:58PM
>No one is against Blizzard's goal of trying to stop cheaters
The cheaters are.
Armath May 12th 2008 9:52PM
I'm usually supportive of Blizzard, but they're going about this one all wrong. Running software is BY DEFINITION making a copy of it, so Blizzard is saying that you can only run the software that you have downloaded from them if you follow thier ToS. They're not saying that you can't use their *service* (i.e. play WoW) - they're saying its a copyright violation to use any of their software in a way in which they don't explicitly approve.
Going after the botters is fine, but doing via copyright is not. ToS is not copyright, and shouldn't be confused with copyright.
Malknight May 12th 2008 11:55PM
Blizz needs to take the stick out of there bum and just ban people that use it instead of people who make bot's.
Also as I understand it EULA's are not legally binding as far as software/hardware usage goes. It's like Apple suing someone cause they used there iPod to store and play music they had gotten off pirate sites or p2p networks.
Sure hope the Glider folks win this one.
Jason May 13th 2008 7:28AM
F$%^ Glider and the F#$%ing cheaters that use it.
ghostboci May 13th 2008 7:55AM
I'm sad to say but I also hope Blizzard looses the case. While botters definately has no place in the game and should be banned from it, they are not criminals either who should be fined for huge amount of money or prison sentence.
The opinion of Blizzard about copyright is so extended that it includes practically everything. The owner of a software or artwork would have complete control over what a paying customer can do or cannot do, way outside it's respectable field: stopping people from stealing creative work.
Another problem: Even if "improper usage of RAM copy" is illegal, the Glider creators are NOT doing it. The Glider users do it.
While I completely support the Blizzard in cleaning it's game from cheaters, I also think it should be performed within the game and not with legal means. Ban, or even delete characters who are captured for botting. Capturing is simple, a program could analyze the movement pattern of characters and if it's suspicious a window could pop-up with a picture of a text and if the user cannot type it in in time, it's a bot and could be banned.
Ayatsumi May 13th 2008 10:00AM
"they are not criminals either who should be fined for huge amount of money or prison sentence."
really? I thought illegally modifying another persons code with the intent of bypassing installed security systems WAS illegal? You'd be singing a different song if this software hacked slot machines in casinos, I bet.
Keep in mind who the real customers of Glider are: Gold Farmers. Gold Farmers ruin the game for everyone. Gold Farmers are making money to cheat at the game you love and pay to play. This software nto only enables people to cheat, but it helps proliferate other unethical behavior that harms the player base as well.
Thinking otherwise is fairly asinine.
The problem with this whole case is that there isn't a pre-existing cheating law that covers how this is handled. yes, the ramifications are important. but - as with any legal case breaking new ground, there are going to have to be new precedents set and laws created. Going forward, this could be a good thing because it might eradicate some of the grey areas that scumbags like the Glider fols take advantage of.
Fugmug May 13th 2008 10:02AM
I'm on shakey ground here, as my GL happens to be a lawyer. :)
I don't think Blizzard is really thinking about overall impact here. Far too many people/corporations "dummy up" when it comes to lawsuits and they listen to the fast-talking 'experts' lawyers/lawfirms who handle the cases.
Most of the time these lawyers say how they are going to win, blah blah blah, but in the end it doesn't matter, because 1 of 2 companies (winner or loser) is going to be cutting them a check anyway.
So I definitely think the lawfirm is taking this approach, not Blizzard, but Blizzard can be held just as accountable for not directing their legal team to take a less ghestappo approach.
Fug
juicyjuice May 13th 2008 10:36AM
Im Just playing devil's advocate here, but honestly i dont have much of a problem with glider. I only know one person who runs the program (my idiot brother) but who cant honestly say theyve thought at least once about how great it would be to sign on, go to work, come back and be 10 levels higher. Sure if youre using it to be a gold farmer, i have a problem with that. You should be banned.
But what about a player whos leveled multiple toons to 70, has completed every quest many times over both horde and alliance and is just plain weary of tackling the leveling grind again. Having a 3rd party program level them up isnt really hurting anyone elses playing experience is it? Sure theyll be enjoying the end result without putting in the work themselves but hey, thats life. Were all guilty of that in at least one way or another.
Maybe im just not seeing it, but I cant figure out why players are so opposed to this one shady area of the game, but have recently embraced the shady area of multiboxing as being perfectly legit. Personally, I get much more irritated at the thought of one person pushing one button to control 5-10 different toons. How can pushing one button and casting 10 chain lightnings not be against TOS? Here you are interfering with other peoples playing experience, and by opening it up as a legitimate gaming approach, it wont be long before its taken advantage of by the people who are just looking for that unfair advantage, and of course, gold farmers. (sorry to beat the multiboxing dead horse).
Just the way I see it.
Bob Jun 30th 2008 6:00PM
Most of you have no clue how Glider even works.
Ayatsumi said: "I thought illegally modifying another persons code with the intent of bypassing installed security systems WAS illegal? "
If you did your research you would realize that Glider actually doesn't modify the code in any way. Glider reads information about the game environment using the combat log and the files found inside your game folder. No modification is made, it simply reads and interprets information no differently than any 'Mods' you likely have installed on your account. It than acts upon that information to 'automate' game play. It sends information to the game using your computer just like if you were to press a key on your keyboard or a button on your mouse. Again, no modification of game code.
There are other bot programs out there that do modify the game code, specifically the packets being transmitted back and forth between your computer and Blizzard's server, this is very bad because it can actually be quite detrimental to the overall performance of the servers. However, Glider does nothing like this. Do a little research before you spout off about things you dont understand.
Kaljin Jul 29th 2008 4:46PM
And the internet lawyers come out.