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by Slapnuts, Level 70
Last updated at July 15, 2008, 4:21 am
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I would sit and discuss this a bit more but I am quite tired and have to be up early. I'll try to get back to it tomorrow. I have a feeling this case will have an appeal as I think the ruling is pretty silly. But there is a pretty good post that sums up the justification for the ruling.
I think the financial damage and impact Blizzard is trying to claim is far overstated myself. And I worry about these "handcuffing" terms of service and extended licensing agreements that force such restrictions. Basically any game that has any type of plug-in could in theory sue if the restrictions are in the EULA or TOS.
Thoughts?

15 comments
Solange Jul 15, 2008 at 4:39 am
-4 votes
Captain Kirk and a 3 line post on a public forum seems like a legit source of hard news to me. keep us updated on this developing story
Rorschach Jul 15, 2008 at 4:45 am
+3 votes
Way to be an asscock.
The source article was hit with the Slashdot effect which I am sure is a bit too complicated for your miniscule mind to comprehend. So you can't see the actual article as the site, http://virtuallyblind.com/2008/07/14/blizzard-wins-sj-mdy/ , is down.
But I am sure everyone there at one of the most reputable news sites on the internet is discussing a bunch of bull**** and a fake story.
http://en.wikipedia.org/wiki/Slashdot_effect
GTFO
The source article was hit with the Slashdot effect which I am sure is a bit too complicated for your miniscule mind to comprehend. So you can't see the actual article as the site, http://virtuallyblind.com/2008/07/14/blizzard-wins-sj-mdy/ , is down.
But I am sure everyone there at one of the most reputable news sites on the internet is discussing a bunch of bull**** and a fake story.
http://en.wikipedia.org/wiki/Slashdot_effect
GTFO
Rorschach Jul 15, 2008 at 5:00 am
+1 votes
http://terranova.blogs.com/terra_nova/2008/07/blizzard-wins-v.html
More on the case. Unfortunately virtually blind is still the only source of the story, and the site is still down. Terranova managed to grab a bunch of content from the news however.
More on the case. Unfortunately virtually blind is still the only source of the story, and the site is still down. Terranova managed to grab a bunch of content from the news however.
Solange Jul 15, 2008 at 5:17 am
+3 votes
"Ninth Circuit doctrine" that says it all. that place is like the opposite of supreme court as far as relevance goes. claiming the COPYING to ram alone is enough to trigger the copyright law, with all its myriad penalties implicatrions etc, is going to result in an appeal that will get 100X the attention of this trial, and be opposed by forces 1000X more powerful than the glider creator.
in any case this is just a ruling, not a trial verdict. i dont get blizzards approach here, copyright stuff is a hot issue these days but courts arent going to allow it to be abused for any purpose. glider isnt copying hollywood movies here for distribution, lets face it. the whole thing is pretty distrurbing... unless blizz can truly prove how this affect other players, i dont see the difference between a bot killing mobs for you and that cheat code CD you used to put into PS2 that gave you unlimited ammo and lives... and i know the manufactures of that werent sued into the ground by sony for "copyright" or "ruining player experience" or "costing sony $$ cause the game was finished faster"
in any case this is just a ruling, not a trial verdict. i dont get blizzards approach here, copyright stuff is a hot issue these days but courts arent going to allow it to be abused for any purpose. glider isnt copying hollywood movies here for distribution, lets face it. the whole thing is pretty distrurbing... unless blizz can truly prove how this affect other players, i dont see the difference between a bot killing mobs for you and that cheat code CD you used to put into PS2 that gave you unlimited ammo and lives... and i know the manufactures of that werent sued into the ground by sony for "copyright" or "ruining player experience" or "costing sony $$ cause the game was finished faster"
Rorschach Jul 15, 2008 at 5:25 am
+1 votes
"Ninth Circuit doctrine" that says it all. that place is like the opposite of supreme court as far as relevance goes."
The 9th circuit bassackwards 9 times out of 10 it seems. I don't know that this will get pushed as high as the Supremes, as I think they would surely rule in favor of Glider. Hopefully it wont have to go that far.
Well said. And I didn't intend to be a total ass. But it seemed writing this post off because you couldn't see the source was bit silly.
The 9th circuit bassackwards 9 times out of 10 it seems. I don't know that this will get pushed as high as the Supremes, as I think they would surely rule in favor of Glider. Hopefully it wont have to go that far.
Well said. And I didn't intend to be a total ass. But it seemed writing this post off because you couldn't see the source was bit silly.
Roma Victor Jul 15, 2008 at 6:09 am
+2 votes
in any case this is just a ruling, not a trial verdict
Actually it is a ruling. MDY just lost a summary judgment motion - Blizzard just won on both its contract claims and its copyright (ie, bull****) claim.
The upside? The Ninth Circus is overturned more than any other federal court and this will certainly be appealed.
Actually it is a ruling. MDY just lost a summary judgment motion - Blizzard just won on both its contract claims and its copyright (ie, bull****) claim.
The upside? The Ninth Circus is overturned more than any other federal court and this will certainly be appealed.
Schnell Jul 15, 2008 at 1:27 pm
+1 votes
You are right, this isn't a hollywood movie. This is two hollywood movies every month. This is bigger than copying a movie and most intelligent people will realize this. You agreed to a TOU and a EULA how ******* difficult is it to follow those very, very simple rules?
Raiyn Jul 15, 2008 at 10:12 am
+1 votes
This was posted by the creator and main Dev of Glider (MDY)
Well, the judge ruled today and it was not good for us. He found for Blizzard on the copyright and tortious claims. I must admit, I'm rather surprised at the scope of the decision, as it seems copyright holders can now pretty much declare anyone an infringer at the stroke of a pen.
But, hey, things will likely get more focused in the days ahead. For now, here's the judge's order. Be warned that it's pretty heavy on the legalese.
http://www.mmoglider.com/legal/order_july14_2008.pdf
What does this mean for Glider users?
I'm not sure yet, but I'll be updating in the days ahead as we figure out our options. We might appeal, we might figure out another path, any number of things could happen. Don't panic yet and we'll see what the options are.
_________________________
They seem to be pretty intent on keeping things going, for now at least. The bot is still online and functioning per normal.
Well, the judge ruled today and it was not good for us. He found for Blizzard on the copyright and tortious claims. I must admit, I'm rather surprised at the scope of the decision, as it seems copyright holders can now pretty much declare anyone an infringer at the stroke of a pen.
But, hey, things will likely get more focused in the days ahead. For now, here's the judge's order. Be warned that it's pretty heavy on the legalese.
http://www.mmoglider.com/legal/order_july14_2008.pdf
What does this mean for Glider users?
I'm not sure yet, but I'll be updating in the days ahead as we figure out our options. We might appeal, we might figure out another path, any number of things could happen. Don't panic yet and we'll see what the options are.
_________________________
They seem to be pretty intent on keeping things going, for now at least. The bot is still online and functioning per normal.
Martey Jul 15, 2008 at 10:32 am
-1 votes
Until Blizzard patches again, then he wont be able to update the program, and every glider will get caught.
Raiyn Jul 15, 2008 at 11:39 am
+1 votes
Since you obviously don't know how Glider works, kindly shut up.
Slapnuts Jul 15, 2008 at 4:54 pm
+1 votes
Thanks for the update Raiyn. Interested in seeing where he decides to go with this now.
jbird Jul 15, 2008 at 10:29 am
+1 votes
I guess common sense simply does not matter in these cases. I could never be a judge as I would use common sense....
I honestly can't see how it's even possible for Blizzard to win the copyright claim. It's beyond stupid. My quess is Merc will figure out what's cheaper...Paying bliz or his attorneys to appeal.
I honestly can't see how it's even possible for Blizzard to win the copyright claim. It's beyond stupid. My quess is Merc will figure out what's cheaper...Paying bliz or his attorneys to appeal.
Solange Jul 15, 2008 at 11:11 am
+1 votes
the copyright stuff is a summary judgment. it comes from a judge who has no clue. its one thing to invoke DMCA, interpol, etc for those copying Windows Vista and burning it to a dvd for sale, it's something else entirely to say that the same copyright law applies to "copying" from hard-drive to RAM. yah well thats how software works, it has to go to ram to be executed, I think the word "copy" has confused the old 9th circuit geezer judge. you might as well say the the info on your VHS movie was "copied" to your old anolog TV's ray tubes, you are infringing. It will die on appeal since the whole point of EULA is to limit it to the actual user and to limit the penalties to stopping usage of that program. thats why you can put any crap into EULA and the only remedy is "dont like it, send software back". Its a little different trying to invoke copyright into it that has $500,000 fine per infringementinfringment, 25 years in jail, etc.
Lipton Jul 15, 2008 at 12:14 pm
+1 votes
I hope Blizz takes developers of actual cheats and hacks to court like this.
I've sent Blizz links to hack making communities.. hopefully they take some kind of action.
I've sent Blizz links to hack making communities.. hopefully they take some kind of action.
Slapnuts Jul 15, 2008 at 4:56 pm
+1 votes
Now that is something I can get behind. Unfortunately I don't see Glider in that light what so ever. They are two different problems in my opinion.
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