Blizzard Awarded $6M Damages From MMOGlider
dw604 writes "The makers of MMOGlider have been found in breach of the World of Warcraft terms of service and are forced to pay Blizzard $6M in damages." There's a lot of sticky issues on this one. Mostly I'm amazed that MMOGlider had that kind of cash.
Mostly I'm amazed that MMOGlider had that kind of cash.
MMOGlider is the application, MDY would be the holder of the finances. After scanning the article, it seems that he is estimated to have sold 100,000 copies at $25 a pop resulting in $2.5 million ... then you have all the costs of hosting and developing and lawyering and all that.
And as the bottom of the article says:
The case is due to go to court again in January 2009 when the remaining issues in the legal conflict look likely to be settled.
At issue will be whether MDY broke the US Digital Millennium Copyright Act and whether Mr Donnelly will have to pay the damages from his own pocket.
And there you have it, in all likelihood they are not sitting on $6 million. As the article says, it's a good thing MDY won its arguments about the 'damages' their program caused to Blizzard otherwise they would be looking at $12 or $18 million settlements.
... but what's different now? So another player has more gold or resources, it's a tiny leg up in that game as the best items are won in PVP or require meticulous PVE to acquire.
...
And there's your sticky issue, what exactly are the damages. I hate this because if I know it's happening, it ruins WoW for me. But on the other hand, does it really ruin the game if someone magically goes from 1 to 70 in two weeks without working for it? I might be jaded that I had to put in hours of muscle distrophying arthritis inducing clicking to get there
The stickiest issue is that a lot of us are conflicted. It pisses us off that WoW is a little less fair but on the surface this was a guy who avoided all technical attempts Blizzard tried to thwart him in a great game of cat & mouse. In the end, he could claim he was just selling software that users happened to use to violate Blizzard's TOS and EULA with. I've heard the same arguments about BitTorrent and would probably side with the software makers in this case
I guess for me 'sticky' isn't a good description of it. No, there are two core ideologies which are conflicting here. The gamer in me says that games should be as fair as possible. WoW is already naturally flawed to some degree in this way and it is Blizzard's responsibility to keep the playing field level. MMOGlider upsets this 'fairness' and destroys the inherent fun in the game. On the other side of the issue he was just a guy writing software and selling it. I could throw him in with the likes of spammers and botnet masters but it was just a legitimate client program running on a paying user's machine.
Add to this what we've suffered through from Blizzard including rootkits and unfounded bans and it's an issue that strikes very close to home.
My work here is dung.
Actually, from playing WoW for 2 months now (through Wine no less), I'm not too surprised that MMOGlider made a good deal of money. Seeing the desperation of a
lot of players, I wouldn't be surprised people would pay $25 for this thing. I probably would too if it was allowed by Blizzard.
They might not have a penny to them. That has no relation to the award made by the court.
Quick math using numbers from TFA:
$25 * 100,000 = $2.5 million
Seems they've been ordered to pay more than twice the revenue they've ever taken in. Unless the company has some other product to prop this judgment up... well, oopsie.
SIG: HUP
MMO Glider sued Blizzard for trying to decrease the amount of grinding in WoW, thereby depriving them of sales.
Maybe they just used their own application to farm some more gold. Just a thought.
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$5.99994 Million.
Their pissing on everyone's right and the concept of computer ownership to punish one douchebag means they'll be selling one less copy of D3.
Surely the damages are more about stopping future Glider-type automators. Along the way, they'll bankrupt the company behind Glider, but that's less important than stopping game-automators.
US$6 million? How much is that in gold?
Oh man, they should do this more often. Bring everyone who names their character something obscene to court too.
So how long until other developers will follow?
On one hand I wouldn't mind getting all those cheatmakers too scared to create any more cheats (or at least refrain them from publicly releasing/selling them), on the other hand I'm still in doubt if the current verdict is any good (or at least, good enough to be the base of a precedent).
Then again, maybe developers could start developing with security in mi.... oh, never mind, sueing someone with hordes of lawyers is much easier.
When you shoot a mime, do you use a silencer?
WoW has so much grinding (and so much of it is required to advance) that players need an automaton program just to advance without being bored out of their skulls.
SJW: Someone who has run out of real oppression, and has to fake it.
Does this Glider program kill the Boars for you?
I've read comments here and seen comments from others that play WoW, and their comments share a common idea, "mindless" this or that. This mindless whatever is the exact reason I've never played the game. My question to those that play and feel that way, is if it's so tedious and so mindless why play in the first place?
If it's some sort of camaraderie you could get that from other games, flight sims, FPS, hell Second Life even.
Why waste the money monthly in support of a product you think is mindless?
I am Bennett Haselton! I am Bennett Haselton!
is that WoW killed this for the wrong reasons.
The ability to set this to run completely unattended? BAD. I totally agree that botting is no good, it's killed a lot of MMO's.
However, the ability to set this up to do ordinary tasks for users who have disabilities would be GOOD. It would enlarge the potential WoW audience. I'm not saying make it fine as-is, I'm saying that a "semi-unattended" setup where people playing the game just set up and monitor their macros isn't any worse than the normal mode of play (hell, wasn't that the entire control system of Final Fantasy 12?).
A lot of potential WoW players (potential gamers in general, actually) have problems. Someone who has partial paralysis or has had a hand/arm amputated has trouble using the standard game controllers. Now think about the game systems that get around this. If you've got two good legs, you can do DDR or Wii Fit without arms. If you only have one good arm, you can use the Wiimote and at least 50% of the Wii's games (though you still can't play Zelda). On the other hand, if you go near the Xbox360 or PS3, you're pretty much fucked.
Older titles didn't have this problem. If you have one hand, or even one of those face-stick setups with a single button, you can play Space Quest, King's Quest, and probably map the joystick to play single-button arcade games. If you have a working thumb and two fingers, you can get a two-button joystick and play NES titles.
Do I really care if someone who has disability problems, or even carpal tunnel, is able to set off macros to do the same thing I would do in multiple steps? Not really. I can still group with them, or play the game without them.
For some reason, however, the WoW designers don't want disabled gamers playing their game. They have ignored REPEATED entreaties from the disabled community to program in ways to make it feasible for disabled gamers to play. For quite a few, programs like WoW Glider were the fix. This is just one more symptom of the gaming industry not getting it when it comes to making their titles and systems accessible.
"The makers of MMOGlider have been found in breach of the World of Warcraft terms of service and are forced to pay Blizzard $6M in damages."
Now surely Blizzard with come up with some payment for my frustration and lost fun due to the gold farmers. I already sent Blizzard my bank account details. I'm waiting guys.....
CU, Martin
The licensee is you, or the player of the game, not Glider.
They are just making software. If you USE it then YOU are violating the license, not them.
It is not like they signed a development license with Blizzard.
virtuallyblind does the best coverage of the case. MDY itself keeps virtuallyblind up to date on their case.
There will be an appeal that MDY has to win on all counts to negate the damage judgement.
I i had a real robot ( no i dont mean biped humanoid ) that would be able to play for me using a mouse, screen and a keyboard .. they would sue the company that made the robot ?
And its not that far fetched, as a hardware you need just a camera watching the TV, and two inputs to PS2 and USB ports on my puter ..
So where do they draw the line ?
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Nicely written, and a completely different take on "helper" apps.
The cesspool just got a check and balance.
When creating something like this, don't actually use the program you writing your tool for.
If I was to write this, and never have installed WoW, I don't see how they could sue me.
The Kruger Dunning explains most post on
I'd really like to read the decision. I'm curious how a third party could be found in breach of the players contract. Do all software developers now have to worry that they may breach any contracts their customers have entered?
"of lost subscription revenue, lost profits, "
What? what lost profits? people use the tool to gain levels to play the end game faster. That means they are paying to play the end game.
OR
People us it to farm, so they can get money to buy gear for the high levels.
OR
People us it to farm and make gold to sell to the other players for the end game. Since Blizzard doesn't offer this services they can't have a loss.
Bots in WoW do not have the effect people complain about. EQ did, but the steps Blizzard took prevent the distortion those effects had in EQ.
The Kruger Dunning explains most post on
here is the decision.
Blizzard sued Glider for copyright violation. But they are basing their damages on the added tech support costs of dealing with bots, and the projected number of people who quit the game out of bot frustration. I can actually understand Blizzard's arguments here, but how can they base the damages on something that they didn't sue them for? If the suit was copyright violation, then they can base the damages only on the # of copies that Glider supposedly made (which is zero).
I'm not actually nearly as mad that Glider lost, as much as I am mad that the court is making such a farce of this. Bllizzard sued for something that Glider didn't do, and for something that Blizzard is not damaged buy. The case never had merit, and based on the precedence that loading something into memory is not a copy, Blizzard doesn't even have a case. It should never have gone this far.
I hope Glider appeals on that grounds and the ruling is thrown out. Then Blizzard can try to sue them for what Glider actually did, not some specious charge.
The "Here's your sign" guy is Bill Engvall.
Jeff Foxworthy is "You might be a redneck if...".
Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
Unfortunately Blizzard's hands are tied. If Blizzard didn't go after the real world company, their only recourse is to say "Stop! Or I'll say 'Stop!' again". On a semi-open platform like PC/Mac there is only so much one can do to "seal the system". At some point it touches open parts of the OS to do things outside the what is dictated by the rules. They've ratcheted up the technology side as far as they can go for PC/Mac. The next step beyond Warden is to do something DRM and we know how well that goes...
To stop Glider with just technology, they would have to abandon the PC/Mac platforms and retreat to DRM enforced, console style systems. Talk about throwing the baby out with the bathwater.
I have never played WoW, finding the monthly fee a bit too steep (and thinking I am too late to join in now anyway). But I used to play Diablo2 a lot. One day I found MapHack, a tool used to light up dungeons, highlight drops and other things. I got very used to playing with it on... so much so, that when Blizzard finally completely banned it and anyone using the tool, the game was almost completely unplayable.
The thing is, that tool was an enhancement to features of the game I found "broken". The first was that the dungeons were almost too dark, and the sight distances ridiculously short even when leveled up. The second was the insame amount of left clicking/mousing - the MapHack tool showed all items so you knew which ones to click on and which ones not to bother with.
Oh well, I was a cheat. Now I don't bother, even though DII was a really fun game for a long time. I have no idea what the WoW experience is like, but have to wonder if there is some baby-out-with-the-bathwater going on at Blizzard when they ban all cheats.
This post brought to you by your friendly neighborhood MBA.
What I don't understand is how shrink wrap licenses is even legal.
There is no signature, there is no proof they saw or agreed to it, there is no one to explain legalese to English with other contracts like when buying a house, and the big one: they only see it after they rightfully own a purchased copy.
Why the hell are these shrink wraps legal and enforceable in courts?
And why does the only gaming company who makes games for me and my friends, such a PITA. I've boycotted them since bnetd, but they are the only ones to make fun games, and games that don't require insane hardware. </RANT>
The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
Now can someone sue the crap out of the companies that make FPS cheats? I consider them the same as an attack on a server, and the people that use them should be prosecuted as such. We spend alot of money hosting our servers, and theres always some douchebag with an aimbot or commander hack ruining it for everyone.
Actually, the issue is remarkably similar. Only the enforcement is different.
A: "Leadership of Blizzard is upset that computers are used to get secret advantages".
B: "Leadership of Chess is upset that computers are used to get secret advantages."
For every game there is an unspoken challenge to build an AI to bust it. Some games are easier to crack than others. Checkers is completely toast. WOW is still "only partly broken".
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Mr T is going to be next for haxxing he game and creating his night elf mowhawk class
I find it funny that people say 'if a game can be botted it must be a bad game'.
People that say this have a very short memory.
What about quake, counterstrike, and unreal tournament?
These games are all FPS and all have had people botting.
Botting has been a scourge to online games for over a decade, wow is just running into the same thing as any other online game, if people think they can get an advantage they will cheat, it's just human nature.
The only winning move is not to play
Beauty is in the eye of the beerholder.
I hope you don't take it as offensive that I consider this the inverse of Godwin's Law - mentioning that something (MMOGlider in this case) helps disabled people in such a way that any attack on the program is seen as an attack on disabled people. Actually, I'm not overly bothered if you are offended by it, as it's a rather underhanded argument you're making there.
Your research is also poor, as MMOGlider does not make playing for disabled people easier - the point is that IT PLAYS THE GAME FOR YOU. Anyone can sit there and watch the bot play the game. Running MMOGlider, you're not playing the game, whether you're disabled or not.
The primary audience for MMOGlider is people levelling alts in WoW. When you've seen the content 2, 3 times or more, but you want a 70 of another class, it's a grind. I have 5 70s, I know what I'm talking about ;) (And no, I didn't use any bots). To just grind the levels with a bot makes it less painful than trying to do the now boring 30-58 level span.
That is the badly designed part of the game, that you have to play the low level content of the game again whether you want to or not, if you want an alt. They have tacitly agreed with this, given the next expansion gives you a new class... that you can start at level 55. Arguments above the parent post of "That a computer can play the game better than a human is a good sign of a bad game" and the like are particularly ill-informed.
Back to the matter of disabled users and WoW. There are many, many ways to set up the game so those who can only (or even, only want to) mash one button and play the game can do so. It is not the default setting, of course, because most able-bodied people want more of a challenge of coordination. Balancing the requirements of those who want their abilities challenged, versus the requirements of those with challenged abilities, is essentially impossible for most computer games where the interface is so central.
Phrases like "For some reason, however, the WoW designers don't want disabled gamers playing their game" are distasteful, you know fully well the implied discrimination is indefensible. Factually it is inaccurate (hell, I was able to set up one of my characters to be playable only with a 3-button mouse, for instance, including macros to cast spells in sequence using the scroll wheel), both on the customisability of WoW and MMOGlider's suitability to replace the interface. The tone implying that it is an insult to disabled people because it doesn't do what you or someone else wants it to do, is a distortion of political correctness for your own ends, and is foul.
Ultimately, Blizzard is under no legal or other requirement to make the interface to their game function in any particular way. Disabled people should vote with their dollars to buy games that they are able to play. Trying to insist that every single game cater exclusively to their needs is on a par with idiot parents trying to censor the world so their children don't have to deal with any of it.
In the end we will see the first proper AI thanks to games. :)
Love many, trust a few, do harm to none.
Really frustating. Really frustrating. The BBC article took every fact from my story on this over a day earlier. I know the /. poster has linked to my stuff on this before (I've been covering this from day one) but this one slipped through the cracks. Hazard of being a little guy, I guess, but frustrating to see your stuff used by a big outlet without citation.
The BBC guy even refers to me -- at least I suspect so -- as the "some experts" who say that damages could have been higher at trial. What BS.
Here's original post:
http://virtuallyblind.com/2008/09/29/mdy-blizzard-damages/
Original stipulated damages Order (as PDF) and significantly more in-depth coverage of the backstory there.
Actually disabled people now might not need to play games that require few controls. Check out OCZ's Nerual Impluse actuator. It literally uses your thoughts, and some facial expressions to fully control the charecter, even for fast paced games like unreal tournement hands aren't really needed. You can check out user videos on you tube, people are only using the mouse to look around, but apparently you can control that with this too, it's just not as convient.
Seriously look this up, it's not science fiction, I work at a computer store and we sell this for $150 (CAD), there are reviews out there. It's not perfect, but I mean if your disabled this could change your gaming life atleast.