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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.
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.
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.
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.
Glider down for the count
We knew this would happen after that last big Glider decision, but the judge's ruling has turned into action, and Glider has suspended their sales and operations. They're still hoping to bring it back up at some point -- there's still an appeals process to go through -- but that seems unlikely. Keep in mind that using Glider or any other botting software like it is a breach of Blizzard's terms of service and will most likely get you banned from the game.The company also has a FAQ up (which includes a PDF link to the latest ruling), and they sound hopeful there as well, saying that they'll know in a little while whether they'll be "back within a month or... gone for at least a year." Just in case you have (against Blizzard's rules) purchased and used Glider and are concerned that your information is being passed on to Blizzard, worry not -- they say that the ruling doesn't require them to give up any sales information, just shut down their operations and sales of the program.As Blizzard posted last month, they see this as a clear victory for both the company and players of the game -- Glider undermined both the wishes of the designers and the experience of other players in the game. Blizzard apparently feels the battle is over, while we're sure Glider is planning to continue the legal fight for as long as it takes. It seems unlikely that we'll see this software (or any bot software) back up for sale legitimately again, but if we do, we'll let you know.Thanks to everyone who sent this in!
Blizzard responds to the Glider decision
Blizzard (via Nethaera) has released a nice long statement on the Glider outcome over on the forums. She basically runs through the history of the case and why Blizzard is against what Glider is doing, and why going through the courts was the only route left to them. She says that Warden (though called only "security measures") was enabled in response to player concerns about bots, and that when the MDY/Glider people circumvented Warden, their only recourse was to seek an injunction through the courts, which, as we've reported recently, they plan to have soon.She does say that Blizzard won based on the judge's decision that MDY did violate the Digital Millenium Copyright Act, but Neth doesn't go any further into the issue, and doesn't elaborate at all on what might happen if this case is used as a precedent against other types of Terms of Use violations. As you might expect from an official Blizzard telling of the tale, the case is seen as a victory for Blizzard and their players -- for them, it's all about keeping bots out of Azeroth, and this decision will definitely help them do that.And that's obviously not a bad thing -- most players will agree that MDY was allowing players to cheat (by letting the game play automatically without them in control), and thus preventing the client from being used in-game is a good thing. It's just that DMCA issue that might be a nagging problem -- we'll have to see what happens with that in the future.
The Glider outcome and copyright law
Well, as you may have heard, Blizzard has all but finished off Glider -- pending one more appeal (which doesn't seem likely to win), Glider is getting shut down for good next week. Good news for Blizzard, but not so good for copyfighters? Blizzard used a controversial argument for copyright in its case -- they claimed that by circumventing the ToS, the Glider folks were actually breaking copyright law, and an interest group called Public Knowledge didn't take kindly to that. They argued that a decision for Blizzard would mean that any software developer could then prevent any customer from doing anything they didn't want to do, just by calling it a copyright infrigement. Blizzard responded that "buying" your WoW software was actually "licensing" it, but of course that didn't settle anyone down.And now, Glider has lost -- so what next?
Famed felon seeks to join MDY vs Blizzard
If you've been keeping up, you already know of the court battle between Blizzard and MDY over the Glider automation software used with World of Warcraft. Another amicus brief has been filed in the case, and this one is a real attention-getter. An amicus brief (often formally named amicus curiae -- friend of the court) is usually (but not always) where a concerned party submits additional information to the court, often to inform it of a wider impact or implication of certain outcomes beyond the fundamental interests of the direct parties to the case, or to provide other information which the court may be lacking. This isn't uncommon in particularly controversial, far-reaching or complex legal cases. That can go a little further, however, to what is called Intervention, where a third-party seeks to become a party to the case already in progress. The filer of the Intervention is Jonathan Lee Riches, who is incontestably our favorite US Federal Prison inmate. Riches has previously sued "Adolf Hitler's National Socialist Party", "13 tribes of Israel", Plato, Nostradamus, Che Guevarra, Jimmy Hoffa, the Lincoln Memorial, the Eiffel Tower, the Garden of Eden, the Roman Empire, the Appalachian Trail, Three Mile Island (the island, not just the power-plant), Rockstar Games, George W Bush, Steve Jobs, Perez Hilton, Britney Spears, and hundreds more. Now he's suing Blizzard because of World of Warcraft, and ... well, let's take a look at why ...
Jonathan Lee Riches has a better imagination than you, sues Blizzard
A man sitting in a South Carolina prison serving time for wire fraud has decided to file a third-party motion in the MDY v. Blizzard. Jonathan Riches is accusing Blizzard of "...causing [me] to live in a virtual universe, where [I] explored the landscape committing identity theft and fighting cybermonster rival hacker gangs."I probably don't need to say anything else, and he probably doesn't either. I'm pretty sure most judges would just throw the motion out right there. But, the motion continues..."Riches was addicted to video games and lost touch with reality because of [Blizzard]. This caused Riches to commit fraud to buy [Blizzard's] video games. Riches chose World of Warcraft over working a legit job. Riches mind became a living video game."Wow. Just wow. Is that all that bad? I would love to live my life as a video game. Maybe one day my girlfriend will show up as an Eredar Twin or Pirate. That wouldn't be so bad. Or perhaps she'll be riding around on a giant turtle. With pink elephants.He has also sued the Eiffel Tower, and lost.
Blizzard awarded $6 million in Glider suit
Blizzard has been awarded $6 million in damages from its suit against "bot" maker MDY Industries, the same suit it won back in July. MDY makes the World of Warcraft Glider software, allowing players to automate their avatars while they're AFK. The BBC reports that the Glider program cost $25 and it's believed the company sold around 100,000 copies.Not that Blizzard is done yet. The company originally wanted double or triple the damages awarded. The case actually goes back into litigation this January and Blizzard will push on some remaining issues, like whether MDY violated the US Digital Millennium Copyright Act and whether the Glider programmer will have to pay damages out of his own pocket.[Via Massively]
Blizzard awarded large payout in 'WoW Glider' case
The BBC is reporting that the WoW Glider case (MDY vs. Blizzard) is moving closer to resolution. If you'll recall, the court found in favor of Blizzard Entertainnment back in July, awarding them victory in their long-running feud with 'botting' software. WoW Glider is the best known 'bot software packages, allowing World of Warcraft players to automate their AFK play. Now a damages reward has been awarded to the software developer, to the tune of $US 6 million. The article notes that damages could have been even greater had MDY not won some legal arguments during the court battle.The piece continues, "The damages award could be delayed if Blizzard appeals against the judgement which threw out its claim to double or triple the cash settlement. The case is due to go to court again in January 2009 when the remaining issues in the legal conflict look likely to be settled." Massively will continue to follow this case as it moves (slowly) towards conclusion.
Blizzard against open-sourcing Glider code
It ain't over yet. Blizzard Entertainment, who won a lawsuit against MDY, the makers of the infamous Glider bot program, has asked the ruling court for a permanent injunction that would functionally eliminate the program from WoW. Blizzard has also issued an unconventional request preventing the open-sourcing of the MMO Glider (formerly known as WoW Glider) code and prohibiting MDY from helping other people develop World of Warcraft automation software.Blizzard's case against MDY has already sparked some debate, and this latest request may catch the attention of open source and digital rights advocates. Blizzard has always taken a hardline stance against users of the program, even banning countless users back in May. Automation is clearly against the EULA, so players who flirt with bot programs such as MMO Glider should proceed at their own risk. A complete coverage of the case between Blizzard and MDY can be found over at Virtually Blind.
[1.Local]: The under-the-radar edition
[1.Local] serves up a smattering of reader comments from the past week, from the sublime to the ridiculous.With Wrath of the Lich King beta upon us, who has time to read comments from the past week's worth of posts? Little ol' [1.Local] would be a sad panda if we weren't positive that the meta-fans who love to comment about comments are still circling. So here ya go, guys – this Bash Ale's for you.Up for discussion this week: making Spellcloth without danger ... your vision of a perfect world for crafting ... a reader's new feature request answered ... a dissection of drama-queen tanks ... chatter over the recent anti-botting court decision ... and what might just be the final word on Horde vs. Alliance faction choices.Join us after the break for this week's meatiest reader comments here at WoW Insider. Be sure to dive into the comments area of each thread (not this one!) and add your own thoughts – unlike your mama, we like us some hot, fresh backtalk.
Blizzard wins lawsuit against bot makers
You may recall the long running Blizzard vs. MDY battle from various reports here on WoW Insider. In short, Blizzard sued MDY, the makers of the MMOGlider bot (formerly the WOWGlider bot), claiming that the bot violated Blizzard copyright by writing portions of the game to RAM in order to work (since you only have a license to run the game files, and do not actually own them, unauthorized copies are against the EULA). They also claimed that the bot tortiously interfered with Blizzard's customer base. MDY sued them right back, claiming they had every right to sell and distribute their bots. MDY received a crushing blow yesterday as the court ruled against them, Virtually Blind reports, declaring them guilty of copyright infringement and tortious interference (Apparently, bots stealing your kills is now a legal issue, which is sort of cool). The ramifications of this decision are still being discussed in various corners of the net and legal world.
Blizzard responds to Public Knowledge about WoW Glider
As we've been posting on WoW Insider, Blizzard is entangled in a lawsuit with the makers of WoW Glider, a bot program that is against WoW's terms of service. And there's been a wrinkle in the case -- an advocacy group called Public Knowledge has filed an amicus brief in the lawsuit arguing for Glider, and saying that if Blizzard wins this case, it could set a precedent for copyright law that would make any copying of a computer program (including the simple act of copying it for an install to the hard drive) be illegal at the IP owner's will. That's unacceptable, says Public Knowledge, so even though they agree that Glider may be against the ToS, they don't think Blizzard should win the case.And now Blizzard has responded to Public Knowledge, and their argument isn't all that new. They claim that when you "buy" your WoW software, you don't actually own it -- you're just "licensing" it to use it on your computer. This is an argument that's long been used by copyright owners to claim that end users don't have the right to hack or otherwise modify their software, and it opens up a whole other can of worms, not least of which is that Blizzard is claiming if Glider wins this case, then all software "sales" ever really will give end users the ability to hack or modify it at will (something that a company like Microsoft, with their Windows OS, wouldn't want to happen).As we've said before, there are a few ways this case could pan out, and it's likely that it won't end with either of the doomsday scenarios that Blizzard and Public Knowledge are describing -- the court could still rule narrowly in favor of Blizzard, stopping Glider but staying away from the other messes brought up here. Oral arguments in the case started this week -- we'll keep an eye on what happens next.[via Massively]
Blizzard responds to amicus brief in MDY bot suit
Last month, digital rights advocacy group Public Knowledge filed an amicus curaie -- "friend of the court" -- brief regarding Blizzard's argument that a user making a memory copy of the World of Warcraft software for purposed of using MDY's Glider program to bot violated their terms of use and their copyright. Public Knowledge noted that loading legally obtained software into the memory for purposes of running it is explicitly allowed by copyright law. The judge required Blizzard to respond to the argument last Friday, and Virtually Blind has Blizzard's response. The basic argument that Blizzard makes is that the software is only rented and that they control and license every allowable use, and every non-allowed use (by their license) is copyright infringement. (Public Knowledge points out that this would mean using non-allowed names, or communicating in game with a member of the opposing alignment, is also copyright infringement).Do you feel when you buy a game or other software that you are buying the software -- and can therefore do what you like with it, regardless what some EULA allows -- or do you feel the publisher of the software retains all rights to that box and the particular copy of the software you have licensed? This goes beyond WoW and beyond video games entirely.
MDY and Blizzard continue to cross blades
World of Warcraft seems to be the focus of virtual law, lawsuits, angry gnomes, and all sorts of fun these days. Not only is a player suing IGE due to their gold selling practices, but Blizzard also took MDY, makers of the glider program, to court. Now, MDY and Blizzard are moving closer to getting this battle finished.The arena of choice is the US District Court of Arizona and the two sides put forth their best efforts and finished their replies. Now we just have to wait for the federal justice system to make a decision on summary judgment. As Virtually Blind's Benjamin Duranske points out, that could take some time. Nonetheless, a few people are following such lawsuits closely since this is new territory for the courts and the MMO industry. Some fear the cases bring the federal government onto virtual turf, others think it is time for an end to cheating and want government help, and a few players are indifferent and just want to get their characters to level 70 before Wrath of the Lich King arrives.
[Updated] Gliding through a nasty Blizzard
Blizzard recently announced the folks behind the creation and sale of the popular Glider program, MDY Industries, are the latest target in an ongoing campaign against bots, hackers, and gold farmers. Blizzard claims that Glider, a third party software program that turns your character into a bot, has caused them in excess of US$20 Million in revenue. In their motion against MDY they claim: Since Glider levels players faster, Blizzard lost revenue from shortened subscriptions Glider violates their EULA and TOU through bot-ting Glider can be used for gold farming, damaging the in game experience of others Blizzard must spend money and time tracking down Glider users MDY claims innocence, of course, stating that nowhere in the EULA or TOU (at the time the motions was filed) was a violation dictated that covered the use of the Glider program. Glider does not modify any of the game files nor does it mine or hack data from any of the game servers and thus, they argue, is not a violation of any of the rules governing the use of WoW. MDY believes that Glider 'has actually increased WoW's subscription revenue' since players hit the critical level 70 faster, with less frustration, and often find themselves craving more and opening a second account.As the creator of Glider, Michael Donnelly, makes clear, it all started as a noble desire to catch up to his friends and enjoy content together. The case has caused Blizzard some bad press over the method used to inform Mr. Donnelly of their desire to sue his company. An unidentified private investigator, a lawyer, and a nice little note at the door asking him to stop selling the product they believe hits them in the wallet. Has Blizzard gone too far? What defines cheating? Who is truly at a loss? All questions we have to find answers to amidst the approaching storm.[Updated to fix links]
Blizzard sued by WoW Glider creator
MDY Industries, the creators of WoW Glider, a third-party software that lets you run World of Warcraft on autopilot, are suing Blizzard in order to assert their right to distribute the software. According to the lawsuit, three gentleman representing Blizzard and parent company Vivendi came to the house of one of the MDY employees with a briefcase that allegedly contained the draft of a formal complaint. Blizzard believes WoW Glider violates their terms of service (it does) and the Digital Millennium Copyright Act (DMCA). MDY Industries is seeking legal right to distribute their software and any monetary supplement decided by the court. In letting you run your avatar on autopilot, WoW Glider is a tool helpful for farming gold and building experience. It works without any hacks, simply automating the same mouse clicks and keyboard inputs that you would do there. Does it nullify the ultimate point of experiencing the game? Yes. Does it assist cheaters? Absolutely. Is it wrong to create and sell a product that helps cheating? That remains to be seen.[Via WOW Insider]Download (Full text of complaint, .pdf file)
