Author Topic: MDY/Glider off the hook on Copyright infringement..
GutterSludge 
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Subject: MDY/Glider off the hook on Copyright infringement..
So good news for Glider?

Maybe not...

The appeals court did find them to be in violation of DMCA 1201(A2), (for manufacturing/distributing a program that bypassed Warden).


As far as the Tortuous Interference (which is contract violation), the appeals court basically ruled that 1 standard out of 7 was debatable, and sent it back to the district court for trial.(the other 6 are indisputably in Blizzard's favor)

So the money aspect is still up in the air (for now).., and no one has to worry about sharing their account being a copyright violation...but I think its safe to say that Glider, as a bot in WOW, is officially dead.(and any other bot that has to bypass Warden to function)

Here is a link to the Decision by the 9th circuit..

http://www.ca9.uscourts.gov/opinions/

Enjoy!!


Edit: You will need a PDF reader to read the document.

 

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Guttersludge
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huldu 
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Subject: MDY/Glider off the hook on Copyright infringement..
"How are you suppose to level and grind honor without it? Some people actually have a life outside the game."

Yeah... burn in hell suckers.

 

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Sprawl-zero1eye- 
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Subject: MDY/Glider off the hook on Copyright infringement..
That argument doesn't work anymore. It's easier to play the game then to try to skirt the rules and setup a bot, imho.

 

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Trigeminal 
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Subject: MDY/Glider off the hook on Copyright infringement..
WoW is hard.

 

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zukat1 
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Subject: MDY/Glider off the hook on Copyright infringement..
well botting is still a problem in the game, they are still using glider or some other bot program that is bypassing warden.

 

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DragonKeeperofThi 
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Subject: MDY/Glider off the hook on Copyright infringement..
what about the buff bots? silly

 

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Tai-Daishar_MT 
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Subject: MDY/Glider off the hook on Copyright infringement..
Sprawl-zero1eye- posted:
It's easier to play the game then to try to skirt the rules and setup a bot, imho.


This

 

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Kriegprojekt 
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Subject: MDY/Glider off the hook on Copyright infringement..
Warden is....?

 

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GutterSludge 
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Subject: MDY/Glider off the hook on Copyright infringement..
Warden does two things..

It checks your memory and or files when you load the game, looking for tsr's or modified code, and will stop the game from loading if it detects such activity.

It also periodically scans the data flow while you are connected to your server for altered memlocs...among other things.

For instance, it knows the memory address where your health should be...it queries the value of that location, and if the answer is not correct, it will disconnect you from the server.


It is basically Blizzard's anti cheat software, that you never knew was running wink

 

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Guttersludge
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NeMeFieD said:"Yea I Ucmed for 12 days straight.."
njwCSUS posted:I'm homosexual, so really, its ongoing sexual attraction to my father, not my mother.
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Festus_Stundagin 
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Subject: MDY/Glider off the hook on Copyright infringement..
So much for the armchair lawyers here at Vn who thought this was a slamdunk copyright infringement case. That thread a few months back now I guess was pretty informative and the massive epeen battling that went on is certainly put to rest regarding the topic of copyright infringement that was discussed ad nauseum.

The below block addresses the conclusion of the copyright infringement only. As Gutter suggested reading it in it's entirety via a PDF reader would be wise:

posted:
[12] We conclude that for a licensee’s violation of a contract
to constitute copyright infringement, there must be a
nexus between the condition and the licensor’s exclusive
rights of copyright.4 Here, WoW players do not commit copyright
infringement by using Glider in violation of the ToU.
MDY is thus not liable for secondary copyright infringement,
which requires the existence of direct copyright infringement.
Grokster, 545 U.S. at 930.
It follows that because MDY does not infringe Blizzard’s
copyrights, we need not resolve MDY’s contention that Blizzard
commits copyright misuse. Copyright misuse is an equitable
defense to copyright infringement, the contours of which
are still being defined. See Practice Mgmt. Info. Corp. v. Am.
Med. Ass’n, 121 F.3d 516, 520 (9th Cir. 1997). The remedy
for copyright misuse is to deny the copyright holder the right
to enforce its copyright during the period of misuse. Since
MDY does not infringe, we do not consider whether Blizzard
committed copyright misuse.
We thus reverse the district court’s grant of summary judgment
to Blizzard on its secondary copyright infringement
claims. Accordingly, we must also vacate the portion of the
district court’s permanent injunction that barred MDY and
Donnelly from “infringing, or contributing to the infringement
of, Blizzard’s copyrights in WoW software.”


I did cut out the first 11 points and if you have the time and want to read it in a more thorough manner, just look for the MDY vs Blizzard entertainment doc. on the link gutter has listed.

This exact ruling is what i and a few others were debating in the previous dated thread. I had no qualms with the rest of the rulings against MDY just that the copyright infringement deal was bogus and that ruling would have been horrendous for the industry

It'll be neat to see how the law unfolds and develops from here, especially that the court re-confirms that the end user is indeed a licensee and not an owner.

Thanks for the link Gutter, I had been interested in how this was panning out. This arena of law is still very primitive and it'll be interesting to see how it develops for the future.

 

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GutterSludge 
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Subject: MDY/Glider off the hook on Copyright infringement..
Np.

Yah I've been curious as to this outcome as well, knowing how slowly our legislative processes work, and how quickly technology changes.






 

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Guttersludge
People just can't handle the truth.
NeMeFieD said:"Yea I Ucmed for 12 days straight.."
njwCSUS posted:I'm homosexual, so really, its ongoing sexual attraction to my father, not my mother.
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