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2-05-2009 @ 3:00PM
The suit was not about ToS violations.It was about circumventing Glider, which was held to be a copyright protection mechanism.
2-05-2009 @ 3:09PM
Warden, not Glider. Glider is the copyright protection circumvention mechanism.
2-05-2009 @ 3:14PM
Yeah, whoops. s/Glider/Warden/To elaborate more fully, even a cursory read of the court's decision in this case will show that the copyright claim just had nothing to do with with the ToS, Scrhamm's long tirade yesterday notwithstanding.The court's basic holding on the DMCA claim was this: the dynamically generated game environment is copyrighted intellectual property of blizzard. The court held that Warden is, for DMCA purposes, a "technological measure that effectively controls access", 17 U.S.C. § 1201(a), to the copyrighted work that is WoW. Because Glider was made for the express purpose of circumventing Warden in order to access WoW in violation of Blizzard's copyright, it runs afoul of the DMCA's anti-circumvention provisions. Glider wasn't shut down because they violated the ToS. They weren't shut down because they helped players violate the ToS. They were shut down because they circumvented an access protection mechanism. That might seem like a trivial, overly-semantic distinction, but it's really not.Screwing with the WoW economy is against the ToS, but because there are no "technological measure[s] that effectively controls access" for people screwing with the WoW economy, just buying/selling gold is not going get you sued for copyright infringement or DMCA violations.
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