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2-06-2009 @ 11:05AM
Having read the actual decision (and not someone else's interpretation of it), it actually says that the copyright violation came, not due to EULA/TOS Violations (Blizz lost that part) but because Glider speficially and deliberately evades the protections put in place on the interactive content that is copyrighted. In the bug exploit scenario, that's a bannable offense. It's not a tort offense (with this decision as a precedent) because the user exploiting that bug is not deliberately and explicitly bypassing Warden to access the content. The decision went into several pages of detail to make that distinction. There is no violation for reading the MPQ files directly to display the data. That's why all the 3D model viewers around aren't getting sued for copyright violations. Accessing the protected content (as defined as the animated, interactive content as provided through the Blizzard client interacting with the server) is the violation because there are active mechanisms in place to prevent unwanted access to the content. Glider repeated, and explicitly, circumvented these mechanisms. And that right there is why they got slammed. And rightfully so. Now, how does this apply in the future? Dunno. EULA/TOS violations aren't going to be affect as much, imo. Since the primary violation being cited is the Warden circumvention, it's more of a case that you might get hit with a copyright violation if you're also circumventing other programs countermeasures.
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