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Posts with tag mdy-v.-blizzard

The Lawbringer: Glider's story ends

Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Mathew McCurley takes you through the world running parallel to the games we love and enjoy, full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play?

Deathwing isn't the only great beast to be impaled to death in an End Time this year, it seems. The tale of Glider, one of the biggest and most famous automation bot software packages for World of Warcraft, is effectively over. Based on reading various blog links (sent by a reader, thank you much) and a hefty amount of Internet Wayback Machine research, it appears that the lawsuit was settled and Glider is no more. What were the terms of the settlement, and why did Glider settle after the news back in 2010?

When I last updated you all about the Glider case back in December 2010, the courts reversed much of the decision in regards to the EULA copyright infringement claims but not with respect to violations of the Digital Millenium Copyright Act, as Glider circumvented the Warden software to essentially hack Blizzard's software. MDY Glider was not victorious per se, but it was definitely in a better position than it would have been had the copyright infringement stuff stood.

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Filed under: Analysis / Opinion, The Lawbringer

The Lawbringer: Glider's Neverending Story

Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Running parallel to the games we love and enjoy is a world full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play?

Back in October, I made the case that Blizzard was in the best position to fight for a stronger EULA because it has the money, industry sway, and a very specific set of lawsuits pending that could allow for stricter End User License Agreement provisions. In the simplest terms, EULAs are hard to hold up in court. They aren't airtight -- yet. Game companies would love to strengthen EULAs since enforcement of their provisions would then be easier.

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Filed under: Analysis / Opinion, The Lawbringer

The Lawbringer: A rookie's guide to the EULA


Welcome to the Lawbringer, WoW.com's weekly exploration of the intersection of the World of Warcraft and the law. Acting as your tour guide is Amy Schley, just returned from Hell the bar exam.

Hello again! To kick off the return of the Lawbringer, we're going to move into rookie guide territory. Now, I know, I know -- your rogue "High Warlord Pwnyoo" is ready and willing to gank my mains, my alts and even my husband's toons for calling you a rookie. But by a show of hands, how many of you have actually read the EULA instead of just scrolling down to the bottom to click "Accept"?

Given the paucity of hands raised out there, I figure it's time for a rookie's guide to the End User License Agreement.

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Filed under: The Lawbringer

The Lawbringer: MDY v. Blizzard Q & A

Welcome to The Lawbringer, WoW.com's weekly look at the intersection of law and the World of Warcraft. I'm a new law school grad, acting as your tour guide after escaping the rapping, taco-eating armadillos of my bar prep class.

Last week's timeline of the MDY v. Blizzard case seemed to prompt more questions than it answered. Therefore, I want to take this week to go through the many questions and comments that were left on the site or emailed to me.

Sean asked:

"Can you explain the unfair competition claim? As the only one that MDY won (far as I can tell), it's interesting in its own right."

Blizzard alleged that MDY's business practices of selling a product that encouraged people to violate their EULA & TOU was a willful and knowing violation of Arizona's Unfair Competition Law. MDY moved for summary judgment and Blizzard didn't oppose the motion. MDY "won" by default.

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The Lawbringer: The history of Blizzard and MDY (Glider)

It's a Glider! Sorry, that's as good as the jokes are going to get. Greetings from The Lawbringer, WoW.com's weekly look at the intersection between law and the World of Warcraft. I'm a newly minted law school grad acting as your tour guide between bar prep sessions.

In the last two weeks, we looked at the difference between purchases and licenses. This is of vital importance as a major bit of cyberlaw plays out in the Ninth Circuit, namely the next stages of MDY v. Blizzard, Vernor v. Autodesk, and UMG v. Augusto. Today seems like an excellent time to review the case of MDY v. Blizzard, as we've covered the other two a bit. My source for this history will be the excellent collection of files at Justicia.com, which includes all documents filed in the district court of Arizona in this case.

Let's get started!

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Filed under: The Lawbringer

The Lawbringer: License v. Purchase -- Sgt. Joe Friday Edition

Welcome to The Lawbringer, WoW.com's weekly look at the intersection of law and the World of Warcraft. I'm a recent law school grad acting as your tour guide and trying not to think about the Bar Exam in a few weeks.

Last week's discussion of seems to have left many of y'all rather confused. The occasional hazard of having an idea that is fun to write is discovering that it isn't always as much fun to read, so I apologize for that. This week we'll be skipping the dramatization about License v. Purchase issues to get just the facts, ma'am.

(If you were one of those who really enjoyed last week, you might want to check out my fiction.)

We'll begin by noting that the program of World of Warcraft comes with an End User License Agreement. While vocabulary isn't everything, one has a difficult time arguing that the relationship isn't a license when one has signed a license agreement.

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Filed under: The Lawbringer

The Lawbringer: Purchase vs. License cage match

Welcome to The Lawbringer, WoW.com's weekly tour of the intersection between law and the World of Warcraft. I am a new law school grad, acting as your crossing guard.

Ladies and gentlemen, gnomes of all ages, welcome to THE CAGE! In our first corner, we have the provider of countless yachts to copyright lawyers, with the power of the contract, the big bad himself, the License! And in our second corner, it's the plucky defender of consumers' property rights, the champion of the Electronic Frontier Foundation, the curse of the big bads everywhere -- let's give a big welcome to the Purchase! Now let's go to Bob for tonight's rules.

The rules of tonight's fight are simple, Jim. These two contenders are fighting over who best describes World of Warcraft players' relationship to Blizzard. There will be three rounds, during which each fighter will present a case to persuade our judges. After three rounds of presentations, our judges will decide who really embodies the relationship between Blizzard and its customers.

Why is this so important, Bob?

Well, Jim, a license can contain pretty much any rights, but the EULA for a piece of entertainment software with a subscription like World of Warcraft is going to only give the bare minimum of what Blizzard is willing to allow. They can't be too stingy, or they'll go down like Linden Labs to an unconscionability claim, but they're much more worried about protecting their interests than allowing the customers to get all licentious.

Licentious, Bob?

Read a book, Jim. Anyway, if plucky little Purchase wins, then players get to be subject to the firmly defined laws instead of a mushy, Blizzard-defined license. The law regarding copyrighted copies allows them to make backup copies, get first sale doctrine protection and not be subject to copyright law for breaking the rules defined in the EULA.

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The Lawbringer: Interfering with gold farmers


Welcome to the Lawbringer, your weekly tour of the intersection between law and Warcraft. I am a third year law student specializing in intellectual property law acting as your crossing guard, trying desperately not to get run over myself.

So last week we engaged in some speculation about how WoW might change if Blizzard permitted gold sales. Personally, I think that the damage to the game economy and culture would be far more damaging than any legal issues that might develop, but it's worth noting that legal issues could easily develop. As for the here and now, certain facts about gold selling remain:
  • Gold selling is against the terms of both the North American and European EULA and TOU.
  • Gold selling is performed by a number of companies, many of them located outside the Unites States.
  • Gold sellers acquire their gold through obnoxious farming behaviors and account hacking.
  • Gold sellers exist because of gold buyers.
Given all this, what can we as players do to stop these locusts? The biggest thing is obviously to NOT buy gold. I really don't think this point can be emphasized enough. Beyond that though, we may be able to take advantage of a legal theory known as tortious interference in contract.

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Filed under: The Lawbringer

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