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The Lawbringer: A rookie's guide to the TOU
Welcome to the Lawbringer, Wow.com's weekly guide to the intersection of law and the World of Warcraft. I'm Amy Schley, a new law school graduate and your tour guide through the rabbit hole of contracts, copyrights and other craziness. Greetings again! We're on part three of an examination of the various legal documents to which we must consent in order to play our beloved World of Warcraft. Parts one and two examined the End User License Agreement; this segment will look at the Terms of Use ("TOU"). The first thing you'll notice as you examine the TOU is that it is quite similar to the EULA. This is by design -- while one of the EULA's provisions is to agree to the Terms of Use, the repetition increases the likelihood we'll actually read it. There are quite a few differences, including the code of conduct and the naming policy.
The Lawbringer: Rookie's guide to the EULA, part 2
Welcome to the Lawbringer, WoW.com's weekly examination of the intersection between law and the World of Warcraft. Your tour guide is Amy Schley, recent law school grad. Last week, we looked at the first half of the EULA -- the license limitations, the steps to terminate the agreement and a few other provisions. This week is the back half of the EULA -- the warranties, conflict resolution provisions and miscellaneous provisions. Export controls Section 8 prohibits the export and sale of the game to countries the United States has embargoed or persons that are on the "Specially Designated Nationals" list, essentially a list of terrorist organizations. Alas, this means that we won't be settling the War on Terror with world PvP death match.
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.
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.
The Lawbringer: Euro-ver my head, contract law edition
Welcome to the Lawbringer, your weekly stop at the intersection of law and Warcraft. I am your crossing guard, trying desperately to not get run over myself. First, I want to apologize for being a day late, but my week was spent preparing for the Multistate Professional Responsibility Exam. Unfortunately, the test was channeling Illidian. If I get a letter in a few weeks saying that I'm not yet responsible enough to be a lawyer, I will not be surprised. Anyway, on to this week's promised topic: European Contract Law. We'll be approaching the same topics we covered on my side of the pond: contract formation, contract termination, and unfairness. These concepts form the basis of players' relationship with Blizzard, just like they do in the US. Whether Blizzard has the right to publish information about your avatars, ban you from the game, delete your achievements, or force you to resolve disputes in a mediation are all affected by the laws of the country in which a player resides. The first challenge in this column is that there traditionally has been no "European" contract law; these issues were decided at a national level through the home country's common or civil law system. Trans-nationalism being all the rage, however, the politicos of the European Union have formed the Commision on European Contract Law which has drafted Principles of European Contract Law. A Common Frame of Reference "toolbox" to help various European legislatures standardize the various laws of contract across the continent to match these Principles. What this means, though, is that this law is in a state of flux -- and I am not a barrister, abogada, rechtsanwalt, advokat, or avocat. Take everything in this column with a big grain of salt. And possibly a margarita to wash it down.
The Lawbringer: Contracts and player bans
Welcome to The Lawbringer, where we investigate the intersection of law and Warcraft and answer such questions as what do you call a raid of lawyers in the Maelstrom. Answer? A good start. Last week, we looked at what is private about our armory profiles. Hint: not much. But, life has a funny way of providing a use for things we thought were annoying. Check out this email we received Saturday: "Two days ago I lost my wedding ring. Of course my wife of 4 years finds it odd and starts to question what I do at night while she is at work. After hours of arguing, I remember about the WoW Armory. I rush to the PC and show her almost minute by minute what I was doing at night. She knows my characters and knew it was my character, and the Armory showed her everything."So remember, guys and dolls, the Armory can convert your spouse's infidelity aggro to regular WoW aggro. Use at your own risk. Today, we're going to look at losing the ability to play WoW, such as with player bans like the one given to Ensidia a few weeks ago. However, just as understanding how one gets into a contract helps in understanding how that contract affects players, learning about how to get out of a contract helps in understanding how bans affect players.
The Lawbringer: Contracts and the achievement tracker
Welcome to this week's episode of the Lawbringer! Each week we'll dive into the intricacies of law and the World of Warcraft. Your mission, should you chose to accept it, is to slay demons of ignorance for the benefit of your fellow denizens of Azeroth. Demons of ignorance slain: 1/4782*. *Number of ignorant demons may be subject to nerfing. So last week I introduced y'all to a bit of legal theorizing about how law and WoW might mix if they got pugged together. (Hint: not very well.) Y'all also were clamoring for my dissertation on gold farming. I want to give a big thank you to commentator Arnold for his excellent suggestions for improvements to make, and I promise I will be making those corrections soon. This week we'll be moving into some more concrete topics, prompted by a email from my mailbag: The new armory prints out date and timestamps for every little move you make in game. Run a heroic, it will show the date and time for every boss you kill. I didn't mind when it printed a date for achievements. But such fine-grained detail being so publicly available is .. invasive of privacy. This is an excellent issue, Wendy, and a subject of much qq-ing on the forums. However, before we can look into what privacy Blizzard may be invading, we need to understand our relationship with Blizzard; to do that, we need to look at a bit of contract law.
The Queue: You ain't nothin' but a Core Hound
Welcome back to The Queue, WoW Insider's daily Q&A column where the WoW Insider team answers your questions about the World of Warcraft. Adam Holisky will be your host today.There's a few good questions today of various voluptuous varieties: raiding, legal ToS (TNG > ToS, by the way), and new gaming hardware. Yummy.Start me off, Delks...Edit: Please be sure to listen to Fly Me To The Moon by Ol' Blue Eyes during today's Queue, or you can listen to the title's name sake song. Delks asked..."What's the point of running old world raids and instances?"
The Queue: From Hell's heart I stab at thee...
Welcome back to The Queue, WoW Insider's daily Q&A column where the WoW Insider team answers your questions about the World of Warcraft. Adam Holisky will be your host today.To the last, I will grapple with thee... From Hell's heart, I stab at thee!For hate's sake, I spit my last breath at thee!Iceeeeeeeeeeeeeeeeeeeeeeee Stooooooone!Dyluck asked..."I was wondering, do the EULA and TOS really change each patch?"
LGJ: FTC could target EULAs
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: A few weeks back, I mentioned that the FTC was looking into regulating DRM. Well, in part on some discussions at the Game::Business::Law Conference, I have a sneaking suspicion that the FTC likely won't stop with DRM. In fact, I would be willing to guess that within the next few years, the often maligned End User License Agreement ("EULA") may fall into the realm of being regulated as further "consumer protection." Is it necessary? Well, that's a matter of opinion, really. The only certainty is that it will be able to bring in additional revenue for the government, which is certainly short on cash these days.If the FTC opts to regulate EULAs, I see three probable scenarios to accomplish its goal. Before I get ahead of myself, I should describe what the theoretical goal of consumer protection is: to prevent companies from taking advantage of consumers. Generally, though, it isn't necessarily the average consumer who's seeing the greatest benefit from the regulations. Often it's the most uneducated consumer, which usually means the regulations tone things down to a level of near absurdity.
WAR hotfix patch cleans up quests and PQs, hides EULA
Following the release of patch 1.0.5, a further update to Warhammer Online has addressed a large number of bugs in various quests and PQs, the full list of which can be found in the hot fix patch notes. A handful of RVR-related problems were also quashed, most notably the lack of Healer NPCs in Kadrin Valley warcamp, and some missing set items in Tier 3 Gold Keep bags.Further tinkering with client performance and stability made it into this hot fix as well, with a focus on "periods of intense combat" -- we'll have to see how that one pans out. However, arguably the best part of the patch is one of the simplest changes -- WAR's EULA will now only need to be agreed to when changes are made to it. Joy! It's the little things in life that make us happy.
EVE Online trojan warning
CCP Games issued a warning today, regarding a trojan found in a macro for EVE Online. CCP Wrangler said that the macro is being offered by 'Gold Harvest Macro Solutions' and ostensibly allows a player to automate their skill-training with a queue, eliminating the need to periodically log in and change skills. CCP became aware of it and put it through testing; here's a shocker -- the shady software contains a trojan. Please contain your surprise. CCP Wrangler's full announcement (login required): "A number of players have recently received an advertisement for a skill training macro, this macro is sent by Gold Harvest Macro Solutions who claims that the macro will let you create a skill training plan and have your character automatically train your skills. This macro has been tested and it contains a Trojan, so make sure you do not download any software from these people. If you downloaded the program, make sure that you run a complete scan of your system and then change all of your passwords!"Not that anyone who uses programs like this doesn't really understand they're breaking the accepted rules of the game, but pretty much using any 3rd-party automation with the EVE client is a bad move.
Picking apart the MetaPlace Bill of Rights
MetaPlace is not an MMOG. It's a platform for creating virtual spaces that can be used for anything the creators can imagine. As such, the traditional MMO EULA is completely inadequate. Raph Koster -- the head honcho on the MetaPlace project -- made that clear in a panel at AGDC08. So, the folks working on MetaPlace had to come up with a whole new set of rules -- rules that allow users ownership of their virtual property, for example. There's a veritable landmine of problems awaiting this endeavor, of course. That's not to say it's impossible. It's just going to be extremely challenging.Koster published a first draft of the Terms of Service for MetaPlace on his blog the other day. It's based based on the Declaration of the Rights of Avatars that he conceived back in 2000. Readers of the MetaPlace ToS are likely to come away with two impressions. The first: that it's really cool and admirable and that in a general sense, Koster and friends are on the right track. Two is that the MetaPlace team seems to be underestimating just how epic a quest it's committed itself to.
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]
