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10-07-2011 @ 4:26PM
I'm torn by this decision.I'm glad that Glider has been dismantled, however, I generally don't like to see a court case being settled due to one side having a lack of funds.
10-07-2011 @ 4:38PM
Yeah, I thought everyone had a right to a fair trial, money shouldn't be something that stops you. That is in theory anyway.But Glider, yeah, don't think I like what they were doing in the first place.
10-07-2011 @ 6:09PM
Everyone has the right to a trial, yes, but the state isn't obligated to provide you with a legal team unless you're being charged as a criminal. The Glider case was a civil suit; the argument wasn't between the prosecutor and the accused about guilt; it was Blizzard claiming that Glider damaged them, while Glider claimed that any damage that may or may not have happened was the fault of their customers.
10-07-2011 @ 8:20PM
And that should go to trial. If someone sues you, you should get a day in court. You're legally locked into it, it's not magically going away, and you might have done nothing wrong in the end. And it's very sad that they never do get to court simply because they can't afford it. Big guys and little guys should be on even ground, and the current system doesn't allow that.
10-07-2011 @ 9:48PM
This case did go to court, multiple times, multiple courts. It was already of a lot of interest to the Supreme Court and highly likely it was going to be appealed to that court if they hadn't settled. "Mercury" (the programmer behind glider) claimed in the forums before they were taken down by the settlement that the US Supreme Court was returning his calls promptly before the 9th even ruled. That's a credible statement not due how gamers look at it (bots, copyright, etc) but due to the spit between the court circuit rulings on similar EULA and DMCA issues.It's the Lawbringer's guess that glider ran out of money to finance the case. It's certainly possible. I'm of a different opinion...I think they settled because it was a good idea for both of them to settle. It had the potential to go horribly wrong for either side if they lost. There was just too much risk not to settle for Blizzard because there was a very real chance that the Supreme Court could have struck down the DMCA entirely as being unconstitutional when the 9th District court's ruled that "Congress created a distinct anti-circumvention right under section 1201(a) without an infringement nexus requirement." IE you can DMCA something that's got nothing to do with copyright.Strange as it sounds, that ruling puts the DMCA itself onto shaky ground. Article I, Section 8, Clause 8 of the United States Constitution states that exclusive rights to "Writings and Discoveries" be limited in time. It's a much broader concept than just copyrights. Copyrights are limited in time and don't run up against the "limited time" aspect. Protections using cryptology lasts forever so... pow... constitutional issue in front of the Supreme Court.Blizzard settled because of how bad it could go for all of Activision. MDY settled because all the other obvious reasons of 1 guy vs a big corp.
10-07-2011 @ 10:33PM
I'm mostly with gamingforumpost. I think they all settled because this gives a quiet funeral to something already dead. If it went to the Supreme Court, all hell could potentially break loose. It's the piratebay case, Stateside. Regardless of the outcome, something was going to happen and both companies and those involved will be hurt more than it already is. I still think money was involved, but I think it's more like both sides looked at scale and outcome and realized it's not worth it.While I wish the DMCA dead, this is not the case for it. We don't need a piratebay trial in the States. We need something more legit or all hell will break lose. Something that shady will only strengthen the DMCA or encourage that level of shadiness and that's not the best way to do this.
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