Tag Archives: computer games

new blizzard decision

how on earth does blizzard keep winning these horrible cases? do they bribe the courts?

Patry covers the new case on software cheats, MDY Industries v. Blizzard.

How one might ask can there be a violation of the Copyright Act if no rights granted under the Act have been violated? Good question.

To get to its result, the court had to first find that WoW, even though sold over the counter, was licensed not sold. … Having found there was license not a sale, there still had to be a breach of the license in order to permit an infringement action to lie, and recall here that the claim is not one for direct infringement, but rather secondary liability; there was no privity between the parties. There was in fact no provision in the license that barred use of WoWGlider. The court took the extraordinary step of stitching together two unrelated provisions to create one. You have to read it to believe it, but it took the court 8 pages to go through this hard work, and why? Was the court offended by what it regarded to be cheating? If so, God help us if law is being reduced to such subjective, non-statutory grounds.

Read all of Patry’s analysis, as well as the opinion.

links from G.B. @ Public Citizen

Computer Industry Lied to Entertainment Industry !!!

chortle. ButtUgly: Main_blogentry_210904_1:

We lied to you

(Inspired by Cory Doctorow’s DRM speech.)

Dear Content Producers and Owners:

We lied to you. In the golden 80s and 90s we told you micropayments and content protection would work; that you would be able to charge minuscule amounts of money whenever someone listened to your music or watched your movie. We told you untruths which we well knew would never work – after all, we would’ve never used them ourselves. Instead, we wrote things like Kazaa and Gnutella, and all other evil P2P applications to get the stuff free.

We told you these things so that you would finance the things we really wanted to build, not the things that you wanted to be built. We knew all along that DRM schemes do not work, and we knew that whatever we create can be broken by us. We don’t care anymore, because your money made us bigger than you.

Look at us: every year, we churn out more computer games than your entire industry is worth. You know how we do it? We like our customers. We don’t treat them like potential criminals, and try to make our products do less. We invent new things like online role-playing -games, where the money does not come from duplication of bits (which cannot be stopped, regardless of your DRM scheme) but from providing experiences that the people want.

We saw that you were old and weak. So we took advantage of it: told you things that you wanted to hear so we could kick you in the head in twenty years. Some of us told you that the future is going to be interactive – what did you do? You started to think how to make interactive movies (CD-I, anyone?), which is not what it really means, while we wrote games and tried to understand the new mediums, not how to bolt it on onto old things.

We lied to you. And we apologize for that, but it was for the greater good. So we’re not the least bit sorry.

Signed: The Computer Industry

(linked from boingboing)