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 Post subject: Copyright / DMCA / Blizzard
PostPosted: Wed 02-18-2009 7:58PM 


Source: Somewhere
I got on IRC this afternoon and saw this big mess. So I thought I'd try to sift through it, and the result is going to be this post. I'm trying to trim out irrelevant posts to the channel as I go so it's a shorter read.

irc wrote:
[15:22] <Goran> blizzard is in hot shit for their ToS
[15:23] <Goran> even though the WoW Bot creator is going to lose the case because the judge knows nothing

I'll touch on this later, but at the district level the judge's job is to apply the law as seen by the district he's in. So he has to follow the precedent that has been set by other cases in the 9th circuit.

irc wrote:
[15:23] <Goran> but it's regarding their Warden scanner
[15:23] <Goran> that makes sure youre not checking
[15:24] <Goran> it tracks what sites you visit and what youre running

It doesn't do that (anymore). The last time I looked into this (a few months ago), Warden used to hash window titles and compare the hashes against known bad hashes. It doesn't look out of process anymore (that I know of) - it's mainly concerned with any tampering that has occurred within the WoW.exe process - it does this by looking at the process' page tables and determining if there is memory allocated that shouldn't be, and by taking hashes of areas within the process and comparing that against known good hash values. I'm sure there is more, but this is what it currently does in general.

irc wrote:
[15:24] <Goran> http://forums.worldofwarcraft.com/threa ... 2728&sid=1
[15:25] <Goran> there you go twil
[15:25] <Goran> starting page 2+ all the smart folks come out to tell Blizz how it is
[15:25] <Goran> it's unfortunate the judge is going to give this case to blizzard
[15:25] <Goran> it's going to have implications for all software

I used to think that the consequences would be far reaching too - but this is just a district court case. In the 9th circuit. This case doesn't have the authority to set precedent - only abide by the law & precedent that already exists. An appeals court does have the authority to set precedent for lower courts, but this isn't even in appeal yet. I'm pretty sure this appeal would go into the Federal district of appeals - so any precedent set there would be far reaching. (If the appeal is handled within the 9th circuit, it won't affect us in Missouri - it will only apply to cases that are heard in the 9th circuit).


irc wrote:
[15:26] <Twilyte> hoperfully WoW fans have been mailing him
[15:27] <Goran> yea I dont think anything is going to change
[15:27] <Goran> Blizzard is going to win this
[15:27] <Goran> and then there will be an appeal
[15:27] <Twilyte> damn right there will be
[15:28] <Goran> Ulitmately, this decision says that every single time I run *any* program at all - I'm potentially commiting copyright infringement and can be liable for MILLIONS of dollars of fines.

The only reason MDY is being held responsible for millions of dollars of fines is that they were found guilty of contributory infringement and Blizzard has shown that there were actual damages of something like $6 million. Plus, when you're found guilty of infringement, all of your profits are awarded to the plaintiff - he made millions in profit so they're going after that too.


irc wrote:

[15:30] <Goran> This is exactly what this ruling means:
[15:30] <Goran> You buy software package A specifically for Windows.
[15:30] <Goran> There is also software package A-2 specifically for Linux. This costs more.
[15:30] <Goran> You install Linux, use WINE, and use software package A under WINE. This violates the EULA.
[15:30] <Goran> You are now violating copyright and can be sued because now the DMCA has been used to determine how you can use software you've already bought.

I'm not sure if the last thing Goran said is correct - technically when you purchase a mass marketed thing, you own it. You don't own the copyright, but you own the right to do whatever you want with the copy you have (including sell the copy). This is a gray area because after purchasing the software from Walmart, you still have to register an account with Blizzard. Still seems mass marketed to me, but this may be enough to sway a judge's opinion.

The DMCA does have a lot of lame stuff in it, so I wouldn't be surprised if Goran were right though.


irc wrote:
[15:31] <berto`\o_> and goran
[15:31] <berto`\o_> that's always been illegal
[15:31] <berto`\o_> ps, you dont own your operating system either
[15:31] <LostBoyz> burners are illegal
[15:31] <berto`\o_> but the difference is
[15:31] <berto`\o_> it is in their initially
[15:31] <berto`\o_> and by subscribing to their service, you agreed to it
[15:31] <Goran> shit's fucked up if you ask me
[15:32] <berto`\o_> dont play wow then
[15:33] <berto`\o_> and you're fucking stupid if you think it is
[15:33] <berto`\o_> no
[15:33] <berto`\o_> playing it on a WINE in linux
[15:33] <berto`\o_> yes
[15:33] <LostBoyz> fighting back is illegal
[15:33] <berto`\o_> playing it on windows
[15:33] <berto`\o_> no
[15:33] <LostBoyz> disagreement is also illegal
[15:33] <berto`\o_> shut up scott

Should using WINE be illegal? Blizzard doens't actively support it, but they acknowledge that people use WINE to run WoW. There are compatability clauses in copyright law - don't know if the DMCA has to be weighed in here also though.

I think the main point should be though - should it be ILLEGAL as stated by the governmet? Or should it just be a violation of your contract? Should a violation of your contract implicitly make what you are doing ILLEGAL rather than a violation of contract?

irc wrote:
[15:33] <Twilyte> "Blizzard's claims for copyright infringement were worrisome to many of us following the case. The company's argument was that Donnelly's program made a copy of the game in a computer's RAM in order to circumvent WoW's anti-cheat protection; because Glider violates the End User Legal Agreement, players are no longer allowed to copy the game into RAM, thus leading to copyright-infringement. This idea seemed majorly flawed, as it could severely hamstring the
[15:34] <berto`\o_> before i kline you
[15:34] <berto`\o_> twilyte
[15:34] <berto`\o_> you are fucking stupid
[15:34] <berto`\o_> the game itself does not copy itself into RAM
[15:34] <berto`\o_> playing it is fine
[15:34] <berto`\o_> making a program to copy it into RAM
[15:34] <berto`\o_> is not
[15:34] <berto`\o_> fucking idiots man
[15:34] <berto`\o_> jesus

The game has to be copied into ram somehow (in order for it to run). MMOGlider (the botting program) had a launcher for a while that would launch the wow process for you. It seems like this is what Blizzard was hinging on - that the launcher copied the game into memory. After looking at it more though, they're not saying that its illegal for something to copy the game into memory - it's illegal for you to load the game into memory in ANY WAY if you are violating the EULA/TOS.


irc wrote:
[15:36] <LostBoyz> technically it is an unauthorized copy, whether you could win that in court i dunno
[15:37] <Twilyte> how is it opposite
[15:37] <berto`\o_> he fucking wrote a program
[15:37] <berto`\o_> to put it into ram
[15:37] <berto`\o_> that isnt just playing the game
[15:37] <berto`\o_> that is circumventing their shit
[15:37] <berto`\o_> that is illegal
[15:37] <berto`\o_> you fucktard
[15:37] <berto`\o_> jesus

The program didn't put it into ram for the purpose of circumvention (that I know of). AFAIK, he never tried to sandbox the WoW process, it was more of a convenience thing for his users. The launcher would make sure you had the latest version of the bot and the correct version of the wow exe, start it's stealth stuff up, then launch wow. All of the "circumvention" done by MDY is mostly done by doing everything outside of the WoW process, then hiding the bot process itself with a rootkit. (Warden is good at detecting bots that have loaded themselves into WoW's address space).

Again here, I think the argument being made by Blizzard (and supported by the Judge) is that the creation of a copy of WoW in ram (by any means) while the bot is running is a violation of the EULA. Once you violate the EULA, you don't have permission to load the program into memory. Therefore, you are violating their copyright by making an unauthorized copy in RAM.

irc wrote:
[15:38] <Twilyte> not just botters, but anyone that writes a add-on can be targeted
[15:38] <berto`\o_> with scott, i say it just because
[15:38] <berto`\o_> but with Twilyte, it's true
[15:38] <LostBoyz> :)
[15:38] <berto`\o_> twilyte
[15:38] <berto`\o_> yes
[15:38] <berto`\o_> writing an add-on
[15:38] <berto`\o_> adding onto THEIR program
[15:39] <berto`\o_> which you agreed not to do
[15:39] <berto`\o_> is illegal
[15:39] <berto`\o_> it isnt just playing the game
[15:39] <Twilyte> questhelper, markethelper, etc
[15:39] <berto`\o_> doesnt matter
[15:39] <Twilyte> anyone that uses it as well
[15:39] <LostBoyz> ....not illegal, violating ToS or EULA will just get you kicked off or banned

Good point LB - Blizzard shouldn't arbitrarily get to decide whether the punishment is the deletion of your account or being sued. Either your action should be covered by copyright and nothing else, or your action should be covered by the contract and nothing else.

[[At this point, I became exausted and stopped analyzing everything. Basically, berto argues that its a contractual issue, but that it should still fall through to copyright. Twilyte is afraid of the consequences of that mindset. LB doesn't like it either. And Goran too.]]

Now, why did I spend so much time doing this? It's something I'm interested in. I started writing a generic bot program over the summer, but when the initial summary judgement came out against MDY I stopped development. MDY (the company that made it) was mainly one guy - they had sold something like 100,000 liscenses at $20/each and had a subscription based model where people could pay $5/month for additional features. This was serious money - something over $50,000 / month just for the recurring portion... and think about how much his actual costs were (not much).

I ended up learning a lot. I wrote a Windows rootkit, I learned how to make a plugin system, I learned wxWidgets, I learned how to do GUI programming, I learned some new design patterns that they never touch on here at S&T (singleton, factory). It was fun. But it sucked when I learned that I wouldn't be able to share my work, and that I wouldn't be able to sell it.

I like Blizzard's games, but I dislike their stance on copyright/etc. If I were in their position, I'd want to control my work too. I just don't think that they should be able to arbitrarily decide when you're violating copyright law.


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Wed 02-18-2009 8:10PM 
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I just want to add that another "game" most people have heard of is Second Life. Linden Labs had a very strict user agreement, they got sued, and the user won. More info on google and here http://en.wikipedia.org/wiki/Linden_Lab#Controversies

Quote:
Linden Lab was sued on May 2, 2006 by attorney Marc Bragg [11], claiming Linden Lab defrauded him of $8,000 worth of virtual property. Bragg allegedly exploited the land sales system by directly entering region IDs into the auction system URL using the Linden provided indices, and was then able to buy one region for around US$300 (They normally sell for $1600 or more). Bragg claims in his complaint that after only one region was sold to him in this way, Linden Lab reclaimed all the regions he acquired and permanently banned Bragg's account from the entire grid and that this constituted illegally depriving him of the products for which he had paid.[12]

However, on May 30, 2007, the court issued an order[13] finding that the Second Life Arbitration Clause was unconscionable in the circumstances as written and therefore unenforceable.

In September 2007, Linden modified the arbitration provision in its terms of service agreement.

In October 2007, the lawsuit was settled. Bragg's Second Life account and land were reinstated, but no further details were released to the public.


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Wed 02-18-2009 10:15PM 
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I used to word illegal interchangeably with breaking contract which was a no-no. My stance is, if it is something small that breaks the ToS/EULA, then fine, they should just ban the account. But when a company profits so hugely off their violation, then I do believe it should fall under copyright.

And for the record, the whole RAM issue I was arguing was based off a statement either Twilyte or Goran made. ;)


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 8:19AM 
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Wow, not much of a surprise berto is calling people fucking idiots left and right in an argument. Other than that. tl;dr.

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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 10:02AM 
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cmptrnrd16 wrote:
Wow, not much of a surprise berto is calling people fucking idiots left and right in an argument. Other than that. tl;dr.

lol, fashooooo. granted i didn't just leave it at 'fucking idiot' but also explained why i said it. ;)


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 12:36PM 


Source: Somewhere
Another thing about Blizzard that irks me - they keep trying to sue the owner of the company rather than the company itself. This sucks for the owner because they're going to get a $6 million judgment against him, then what? He's going to have to declare bankruptcy.

They've been pushing for this every step of the way, too.

An analog to this might be trying to sue Bill Gates personally for something that Microsoft did (at the time when Microsoft was forming).


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 1:09PM 
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I dont think you can set up a company that its business is doing something illegal, you dont see anyone suing a drug dealers "company"

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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 1:19PM 
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LostBoyz wrote:
I dont think you can set up a company that its business is doing something illegal, you dont see anyone suing a drug dealers "company"


people have probably threatened to sue their drug dealers though. I mean... people are pretty dumb these days.

Of course, they'd probably show up in a back ally the next day with 2 dozen knife wounds in their gut.

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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 1:32PM 
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el_lorenzo wrote:
Of course, they'd probably show up in a back ally the next day with 2 dozen knife wounds in their gut.

Speaking from experience? Is your motto 'Snitches and talkers get stitches and walkers'?


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 1:42PM 


Source: Somewhere
LostBoyz wrote:
I dont think you can set up a company that its business is doing something illegal, you dont see anyone suing a drug dealers "company"


It's not criminally illegal - and only recently was it decided that it was illegal in this case. Companies sue each other all the time over IP infringements. The point is that the case could go either way.

FYI, Blizzard is trying to argue that the owner used the company as an alter-ego (one of the things that can remove the liability shield of a LLC).


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 Post subject: Re: Copyright / DMCA / Blizzard
PostPosted: Thu 02-19-2009 4:14PM 
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Sounds about right

This sounds really comparable to console modders who get caught selling backups, they all had "companies" but were sued individually.

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