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canada4l
Member Since Oct 20th, 2010

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The Lawbringer: Glider's Neverending Story {WoW}

Dec 26th 2010 12:14AM You are correct in that the DMCA was put in place to protect the copyrights of digital media. The 9th circuit ruled that it applies to any form of circumventing a protection device whether it is for copyright infringement or not. The federal courts have ruled otherwise and that to violate the DMCA there also has to be copyright infringement. This will eventually end up in the US Supreme Court as they can't have conflicting precedents.

The Lawbringer: Glider's Neverending Story {WoW}

Dec 25th 2010 11:58PM If you read the ruling, the judges ruled that because the clause that was violated in the TOS/EULA was not one that related to a copyright protected issue violating that clause did not invoke copyright infringment and merely violated the contract and thus became a contract issue and not a copyright issue. They also did not seem impressed that Blizzard changed their EULA and TOS to prohibit bots after Glider was already being sold. They ruled in favor of Blizzard on the DMCA; however admitted that if it was ruled on based on federal precedent that it would have ruled in MDY's favor. This will have to be ruled on by the SCUS to unify the rulings of the state and federal courts. The final issue of Tort interference was sent back to the lower court for a trial, due to the fact that Blizzard's original TOS/EULA stated only that one could not cheat or hack the game and did not mention the use of bots. They later specified bots in the TOS/EULA after Glider was being sold. This will be decided by a trial by jury and could end up going either way.