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Appeals court denies Blizzard vs Glider copyright claim

By Alec Meer

Fri 17 Dec 2010 11:06am GMT / 6:06am EST / 3:06am PST

Revised bot ruling many mean new legal precedent on EULAs

The US 9th Circuit appeal court has broadly upheld a 2008 ruling that WoW Glider, an auto-play program for World of Warcraft, is illegal.

However, while the court agreed that the Glider violated the Digital Millennium Copyright Act due to its side-stepping of Blizzard's 'Warden' anti-bot software, it overturned a judgement of copyright infringement.

Said the court, "Were we to hold otherwise, Blizzard - or any software copyright holder - could designate any disfavored conduct during software use as copyright infringement, by purporting to condition the license on the player's abstention from the disfavored conduct.

"The rationale would be that because the conduct occurs while the player's computer is copying the software code into RAM in order for it to run, the violation is copyright infringement. This would allow software copyright owners far greater rights than Congress has generally conferred on copyright owners."

This may, reasons Gamer/Law's Jas Purewal, limit Blizzard's potential pay-out from Glider-maker MDY Industries.

It could also set precedents for the treatment of EULA statements in similar cases. "Just because Blizzard said that using a bot was illegal and a breach of copyright, didn't actually make it so."

The ruling that Glider constituted DMCA violation may also affect the course of future rulings, as it effectively endorses the right of game-makers to seek legal action against the circumvention of access control measures.

Despite the upheld ruling that Glider is illegal, Blizzard is to pay its own, likely high, costs for a case which has now been running for almost three years.

The case may not yet be over, with the court hinting at a future retrial of Blizzard's tortious interference with contract claim (which sought damages for subscriptions potentially lost as a result of Glider's presence on servers). This could impact the original $6.5m fine ordered against MDY.

In addition, the option for either party to appeal to the Supreme Court remains.

A PDF of the full verdict is available here.

From Recommendations by Taboola


What have you done to yourself, Blizzard...

Posted:5 years ago


Abel Oroz Concept Artist, LANI Pixels

6 0 0.0
Blizzard can easily afford those expenses, probably Glide creator cannot. I doubt Blizzard tries to make any real profit out of these trials, just to set a line that people making illegal profit out of their games shouldn't cross, and saying "hey, we will take action if we have to".

Posted:5 years ago


Thiago Attianesi Creative Director, Fan Studios

59 2 0.0
3 years and burning your name Blizzard, you don't need act like that.

Posted:5 years ago


Abraham Tatester Producer

76 76 1.0
Blizzard should just buy Glider and sell it to their own players. Hello, new revenue stream!

It sounds like Glider has a pretty good business model set upówith US$25 for the basic version and $5/month for the "Elite" subscription.

I'm not a big WoW player (but I recognize what a fun, high-quality game it is) so I'm not sure if this would offend the hardcore WoW fans. Would it?

Posted:5 years ago


C. Ottis Williams Games and Tech Editor, Fayetteville Publishing Company

6 0 0.0
YES. Yes it would.

Posted:5 years ago


David Amirian Writer

59 3 0.1
the only reason blizzard should buy glider is so that they can kill it.

Posted:5 years ago


Victoria Mercer Legal Consultant, Lawyer, IP Specialist

7 0 0.0
Instead of chipping away at the DMCA, they should just scrap the law.

Posted:5 years ago


Radu Ciu Product Manager, Alliance Computers

21 0 0.0
I think Blizz should do all it can to kill Glider and the like. Please try to understand is that these programs work in an online enviroment and such their use affects other users experience.

As a member of Wow's comunity myself i can testify that extended usage of these "tools" by other comunity members on my server could make me stop playing wow.

Posted:5 years ago

@ Radu Ciu
Exactly my thoughts. It plagues the in-game economy with a raging inflation, normal players *can't* buy anything without insane (unhealthy) game-play time. Also it defeats the concept of a massive online multiplayer game, if I wanted to play with AI alone I wouldn't need to go online would I?

Edited 1 times. Last edit by Francisco Moreira on 20th December 2010 9:39pm

Posted:5 years ago


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