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US Judge Blocks Programs Letting 'Grand Theft Auto' Players 'Cheat' (reuters.com)

A federal judge has awarded Take-Two Interactive Software, the maker of the "Grand Theft Auto" series, a preliminary injunction to stop a Georgia man from selling programs that it said helps players cheat at the best-selling video game. From a report: Take-Two had accused David Zipperer of selling computer programs called Menyoo and Absolute that let users of the "Grand Theft Auto V" multiplayer feature Grand Theft Auto Online cheat by altering the game for their own benefit, or "griefing" other players by altering their game play without permission. U.S. District Judge Louis Stanton in Manhattan said Take-Two was likely to show that Zipperer infringed its "Grand Theft Auto V" copyright, and that his programs would cause irreparable harm to its sales and reputation by discouraging users from buying its video games.

68 of 112 comments (clear)

  1. Re:Georgia by supremebob · · Score: 2

    Georgia the US state, not Georgia the country.

  2. Just ban this filthy game by Anonymous Coward · · Score: 1, Funny

    It teaches bad values. In these trying times, we need to rid ourselves of things that set bad examples.

    1. Re: Just ban this filthy game by TimMD909 · · Score: 3, Insightful

      Exactly. Killing your prostitute after you pay her is flagrant disregard for a fair capitalist society. Add a feature where you can haggle the price instead of murder, and I'll have no objections.

    2. Re:Just ban this filthy game by EETech1 · · Score: 1

      You sound like this dumb bitch I know that voted for Trump.

    3. Re:Just ban this filthy game by JackieBrown · · Score: 1

      You forgot to hit the Anonymous Coward button. Your misogyny is showing.

    4. Re:Just ban this filthy game by EETech1 · · Score: 1

      Can't even make a joke anymore!
      It's a shame how far we've fallen.

    5. Re:Just ban this filthy game by The1stImmortal · · Score: 1

      The rest of the world was laughing at the US long before Trump was elected....

    6. Re:Just ban this filthy game by K.+S.+Kyosuke · · Score: 1

      Possibly, but what will you do with such misguided voters in the next two years?

      --
      Ezekiel 23:20
    7. Re:Just ban this filthy game by K.+S.+Kyosuke · · Score: 1

      Yeah, but the joke was getting old. At least now we have a new one.

      --
      Ezekiel 23:20
    8. Re: Just ban this filthy game by KingBenny · · Score: 1

      LOL ... it seems your states have been invaded by brainbugs after all ... i see a growing trend to enact the handmaids label amendment overthere. It's slightly amusing if you didnt have this massive army with more tek than brains. . . so after BREIN and the Mafiaa, now cheating on videogames is the new terrorism ? this world is definitely going in the right direction. How are things, Elon ? Did you finish my mansion on Mars yet, i fear this kettle is about to explode into something ugly, could happen any day, any week ... it just needs a spark

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
  3. Re:Georgia by jellomizer · · Score: 1

    By stating that this is an illegal activity.
    1. Offenders can be fined or impression.
    2. Give software companies an other rule in the book to fight against.
    3. Prevent legitimate business from doing such actions.

    The issue at hand was if this action was illegal or not. Being in a gray areas some people would want to risk it more then if finally defined.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  4. Re:Georgia by zlives · · Score: 1

    same way he is going to stop russian hacking in elections.

  5. This is a little late guys... 4+ years late by Anonymous Coward · · Score: 1

    GTA 5 is a pretty amazing game aside from the award winning bad UI (it literally got awards for being so bad). You can go anywhere, do anything you'd expect in a city. The sheer number of things to do is mind blowing.

    However... it's taken them this long to act on the cheaters beyond simple bans. Proof being
    https://www.youtube.com/watch?v=nvJ_haYDh_w (from 4 years ago)

    feel free to look.

    The game is virtually unplayable when hackers get in the game

  6. EULAs ban anti-cheat by Anonymous Coward · · Score: 1

    By cheating, you're infringing on their copyright. This is why you don't own games anymore, and just get a license to play it.

    1. Re:EULAs ban anti-cheat by The1stImmortal · · Score: 1

      Bear in mind this is a *preliminary* injunction. So the case it yet to be made in full and pretty much is reliant on the judge's gut feel at this point (and we know how tech savvy judges are, or aren't)

  7. Re: Georgia by SirSlud · · Score: 2
    --
    "Old man yells at systemd"
  8. Very disappointing by mysidia · · Score: 4, Insightful

    Both of these programs Menyoo and AbsoluteMenu are used in single player and have many legitimate and creative purposes.
    The issue with people abusing these with hacked clients to break multiplayer rules on GTA's own servers shouldn't be able to prevent these 3rd party tools that have many legitimate and awesome uses from existing....

    Also, a Publisher of video game software doesn't have any right to prevent people from altering the game or modifying their game playing experience for personal entertainment; Assuming the person doesn't use the game with an online service to cheat, but the recourse for cheating is to file suit against the person cheating on their service or ban them from their server -- not to prevent the distribution of tools.

    1. Re:Very disappointing by MobyDisk · · Score: 1

      Then the player doing the griefing is violating the terms of service of the online game, not the maker of tool. Online griefing is not within the scope of copyright law. The reality here is that it is easier for Take Two to go after one man that to go after the griefers. As always, one should fix the servers so that the hacks don't work, rather than sue the hacker.

    2. Re:Very disappointing by SirSlud · · Score: 4, Insightful

      The maker of the tool could easily modify their tool to prevent it from being used online. But they won't do that, since that's why most people buy it. Intent is a major part of the law.

      --
      "Old man yells at systemd"
    3. Re:Very disappointing by DarkRookie · · Score: 1

      It might not be copyright, but it is a ToS violation. They can go after people for that.

      https://www.rockstargames.com/...

      Under the Code Of Conduct section:
      (7) you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Online Services;

      --
      The millennial that doesn't like most of the stuff designed for millennials.
    4. Re:Very disappointing by lgw · · Score: 1

      If the maker had a clue, online use would have been a "third-party mod" to the tool, easily googlable but totally not the maker's fault.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    5. Re:Very disappointing by Riceballsan · · Score: 2

      Of which the arguement isn't relevant. They are well within their rights to design whatever they want to ban/block/detect cheaters in their online servers etc... Which is a whole other topic from punishing people who make tools, just because some users might take them online. Just as I can modify a car, I can sell or give a modified car to a friend, or teach him how to modify it himself, totally OK.. the only one who is breaking the law, is the idiot that drives a car modified outside of road standards, onto a public road. As roads are government the idiot who chose to drive it on such deserves to go to jail. If he uses it on a private track (that still outlaws the modifications), then he should be kicked from the track. However, The person who makes or documents how to make the car modifications, isn't responsible for either of those.

    6. Re:Very disappointing by Tyr07 · · Score: 2

      You lose the protections you're mentioning when what you're doing alters the experience on other peoples clients.

    7. Re:Very disappointing by Sumus+Semper+Una · · Score: 1

      To be fair, these kinds of mods will (and do) still exist. Just don't attempt to sell them and not expect to run into the same legal troubles.

    8. Re:Very disappointing by Cederic · · Score: 1

      I believe the precedent is that in order for the cheat engine to work it must make a copy of elements of the game code in memory, and that's a violation of copyright.

      Personally I disagree but I'm not a judge in a US court.

    9. Re:Very disappointing by mattventura · · Score: 1

      Another company fired off a similar lawsuit (don’t know if its finished yet), where the logic they used is that if you violate the EULA, your license is terminated, therefore you are a pirate. Whether that will actually stand in court is another issue.

    10. Re:Very disappointing by mysidia · · Score: 1

      in order for the cheat engine to work it must make a copy of elements of the game code in memory, and that's a violation of copyright

      In order for the original PROGRAM to start up; an image of the elements of the game code are made in memory --
      However, this is ephemeral in that the same process occurs in your brain when you read a book: an image of the author's text will
      have been made in your memory; cheat code won't have changed that process at all.

      An ephemeral image of something is not a copy even if it is identical to the original --- a copy only exists if that is made unique
      and independent in a fixed (persistent) form and then distributed or used on its own; not if an image is ephemeral and only used
      with another copy --- code in bits in RAM are not sent out for use independent of the permanent storage.

    11. Re:Very disappointing by Cederic · · Score: 1

      None of which is material to a US court of law.

    12. Re:Very disappointing by omnichad · · Score: 1

      Theoretically, you can't design such software without testing on a real server. In practice, it would still be hard to prove.

    13. Re:Very disappointing by MobyDisk · · Score: 1

      That's what I said.

      Let us be clear, it is not a TOS violation against the person who *made* the tool, but for the people *using* the tool. Now, if the person who made it also used it online, then they can get that one person for a TOS violation. But the only likely remedy the court can offer is to disconnect the person's GTA account, which Take Two can already do. So Take Two is going to argue that it is a copyright violation. Their hope will be to make him liable for everyone else's use of the tool. While you and I think this is absurd, Blizzard has succeeded using this exact same argument numerous times.

    14. Re: Very disappointing by mattventura · · Score: 1

      They managed to develop a cheat without playing the game? That's a feat. If they did, in fact, play the game to develop the cheat, then they're also pirating it (or so the lawsuit argues). And making a profit through their "piracy", which makes it look even worse.

    15. Re:Very disappointing by tepples · · Score: 1

      To what extent is 17 USC 117(a) (copying as an essential step in use) "material to a US court of law"?

    16. Re:Very disappointing by SirSlud · · Score: 1

      Don't be daft. You can prove intent without reading people's thoughts. People communicate their intentions to other people. You can take a legal activity (using copywritten material) and use it in legal ways (under fair use) and be found guilty of copyright infringement because you communicated to somebody else that your intent was to circumvent copyright law even if all your actions would have been legal under another intent.

      --
      "Old man yells at systemd"
    17. Re:Very disappointing by ebyrob · · Score: 1

      1998 called, they want their DMCA back.

      If words like ephemeral meant ANYTHING to copyright the DMCA would never have passed because DVD makers would not have been scared of getting sued into oblivion for making partial temporary "copies" in memory of movies while playing them.

    18. Re:Very disappointing by rtb61 · · Score: 1

      They compete against cheats sold by the company. They basically sell game funny money to buy a competitive advantage and degame the game, basically in real world game terms in game cheats to give substantial advantge. The question is whether or not this is fair or unfair. The company is selling a game. The company is selling cheats, it claims are legal. Other companies sell cheats, more competitive cheats. Is not the user entitled to choose the most competitive cheats, once they have bought the game. That would be unfair denial of access to cost competitive cheats with regard to a game they have bought and are legally entitled to cheat in any way they want, no criminal penalty, just questionable denials of access based upon originally agreed terms at 'POINT OF PURCHASE' as governed by law in most countries, post purchase agreements not allowed, without option of full refund and costs of purchasing and invested time.

      --
      Chaos - everything, everywhere, everywhen
    19. Re:Very disappointing by Cederic · · Score: 1

      Go and read the court cases on the matter, where the lawyers will provide a thorough explanation and the judge may even offer an interpretation too.

      I'm going by settled cases, not a law that clearly didn't apply in them.

    20. Re: Very disappointing by The1stImmortal · · Score: 1

      Not familiar with the details of this case but in theory the cheat could have been developed consistent with reverse engineering exemptions and provisions in some jurisdictions. Also, breaching a ToS is not copyright infringement, it's breach of contract.

  9. I'm not entirely sure the courts should care by rsilvergun · · Score: 2

    I would have thought this was settled 2 decades ago when Nintendo sued Galoob over the Game Genie and lost (with the classic line "If I buy a car does the manufacturer have a right to tell me I can't paint it blue?").

    I'm aware the dynamics change with micro transactions & online play, but let's put it another way: Does Microsoft have a right to ban you from using Greasemonkey with office 365 because they might want to sell you a plugin that does what you used to with a Greasemonkey script?

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:I'm not entirely sure the courts should care by SirSlud · · Score: 1, Insightful

      It's an entirely different situation and impact on the producer of the software when what an individual does with the 3rd party product affects other purchasers of the software who don't use it. Especially if it affects them in negative ways that may cause them to consider terminating their consumer relationship with that producer.

      --
      "Old man yells at systemd"
    2. Re:I'm not entirely sure the courts should care by Actually,+I+do+RTFA · · Score: 3, Informative

      The court's not sure it should care. It's a preliminary injunction, until the case is complete. Which means the judge was convinced (to some level) that Take-Two could win the case and that it would suffer "irreparable harm" (in driving people off the online game) while the case happened.

      Now, I have no idea if Take-Two is liable for damages the injunction causes if they lose the case.

      --
      Your ad here. Ask me how!
    3. Re:I'm not entirely sure the courts should care by MobyDisk · · Score: 1

      You should be right, except a combination of the DMCA + EULAs completely reversed all that. You can thank Blizzard over and over again for their part of it:
      Blizzard -vs- Glider
      Blizzard -vs- Ceiling software
      Blizzard again
      Blizzard again, this time it's Overwatch

      I hate cheaters too. But Blizzard and their lawyers are the biggest cheaters of all. They would happily take away rights from their own families if it meant they could make a buck.

    4. Re:I'm not entirely sure the courts should care by dgatwood · · Score: 4, Insightful

      The "always online, server hosted" game model changes the situation for the same reason companies love it. You are not, by any interpretation of the agreements, buying a game.

      Makes no difference. This is the tech equivalent of making it illegal to sell horns that play "La Cucaracha" that are designed to magnetically mount to rental cars because it would cause irreparable harm to the reputation of the rental car company if cars with Hertz license plate brackets sounded like Mexican ice cream trucks (*) or whatever.

      * Any implication that Mexican ice cream trucks actually play La Cucaracha is entirely unintentional, just so we're clear.

      At best you are purchasing "unlimited access to game servers contingent on respecting the terms of play.

      Correct. And to the extent that they can use technical measures to detect abuse and ban people who use these hacks, that is well within their right.

      However, a legal bright line is crossed when they attempt to use copyright as a means of regulating what you can do with hardware that you own, or as a means of regulating the sale of products that merely enable the user to modify a copyrighted work. Even in the prior cases, the copyrighted work was licensed, not sold, and the fact that the newer games use the company's servers does not change the fundamental nature of the argument in any meaningful way, because it does not change the fundamental nature of the act in question (the user modifying a game) or the technology in question (a device that helps the user do so) in any meaningful way.

      What the company might be able to do is allow the technology to be sold, then sue the seller for damage to their reputation under the computer fraud and abuse act. This is, of course, entirely orthogonal to the copyright issue, which is settled law.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re:I'm not entirely sure the courts should care by Tyr07 · · Score: 1

      The line that was crossed is when it affected other peoples clients.

      Makes no difference. This is the tech equivalent of making it illegal to sell horns that play "La Cucaracha" that are designed to magnetically mount to rental cars because it would cause irreparable harm to the reputation of the rental car company

      This is incorrect. It would be the tech equivalent of making it illegal to sell a device that FORCES other peoples rental cars to all play La Cucaracha without their permission. Computer fraud act is going to kick in.

      I also don't play the online game anymore due to cheaters, so it very much is damaging their player base and sales. It can actually be proven, it's not theoretical.

    6. Re: I'm not entirely sure the courts should care by cyber-vandal · · Score: 1

      That's terrible. Why wouldn't you want your online game overrun with gold farming bots and other assorted cheating griefers. Any players that don't like it should cry moar and play Care Bears Online.

    7. Re:I'm not entirely sure the courts should care by Cederic · · Score: 1

      There is no monthly fee for GTA Online.

      Just a shitty game full of griefers that puts you off playing anyway.

    8. Re: I'm not entirely sure the courts should care by dgatwood · · Score: 1

      The thing is, the right of someone to hack and enjoy the game the way they want ends where it affects other people.

      Agreed. But the fact that it annoys other people still doesn't make it a copyright law issue. It's a combination of a contract law issue and a technical issue.

      More to the point, it isn't an issue for the person creating the hacking tools, period, because those people likely aren't the ones bound by that contract. Rather it's an issue for the griefers who are using the tools in ways that are sufficiently inappropriate that they should be banned for doing it, it's an issue for the game company that should detect that abuse and ban them, and it's an issue for the innocent gamers caught in the middle by that company's apparent inability to do so.

      None of those points support this being treated as a copyright issue in any way. Illegal, perhaps. Subject to lawsuit on other grounds, probably. But a copyright violation? Definitely not.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    9. Re:I'm not entirely sure the courts should care by Greyfox · · Score: 1

      I guess it mostly boils down to the legality of the EULA, but in this case it's easy enough to argue that the programs in question do economic harm to the company and might also violate some criminal statutes WRT unauthorized access to computer networks and copyright derivative works. That's a whole lot of something to throw at the wall to see what sticks. Violating the EULA of a single player game and possibly even distributing code to do the same might have a different answer, although you can always paint copyright violations with a pretty broad brush. (IANAL, I'm a developer and I have to pay attention to these sorts of things.)

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    10. Re:I'm not entirely sure the courts should care by dgatwood · · Score: 1

      This is incorrect. It would be the tech equivalent of making it illegal to sell a device that FORCES other peoples rental cars to all play La Cucaracha without their permission. Computer fraud act is going to kick in.

      You've got to admit that such a device would be funny as heck.

      But it really isn't equivalent to forcing other people's cars to play the tune. Rather, it is equivalent to allowing you, as the driver of the car, to force other nearby drivers to *listen* to the tune. The fact that their cars are vibrating sympathetically in response to external sound waves sent out by your car is merely a side effect of the way the cars and the medium in between them are designed, in much the same way that the misbehavior of the other people's games in response to your game doing something it should not be allowed to do is a side effect of the way the game and the server in between is designed.

      They're not hacking other people's devices. They are merely cheating in ways that the server isn't catching, and in ways that cause things to happen that aren't supposed to be able to happen, resulting in situations that other people's devices are unable to help them get out of (because they shouldn't be possible). That's subtly different; the other users' devices are not being forced to do something; they are simply failing to reject invalid input. Similarly, the servers are not being forced to do something; they are simply failing to reject invalid input.

      CFAA *might* kick in — it isn't open and shut — but it is clearly not a copyright issue.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    11. Re: I'm not entirely sure the courts should care by MobyDisk · · Score: 1

      Clearly you don't understand the conversation. No one in this thread is arguing that gold farming bots or griefing should be permitted. The argument is that the courts are applying the wrong section of law (copyright, instead of terms-of-service contract violations), and the consequence is that they are taking away legitimate tools from the white hat hacking community and the broader software development community. The courts are broadening copyright to the point where fair use is being eluded. It is affecting young coders, filmmakers, and musicians. If you are interested in this, I recommend reading the EFF's amicus briefs on some of the cases above.

    12. Re: I'm not entirely sure the courts should care by dgatwood · · Score: 1

      On this side of the pond, it's the CFAA.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    13. Re:I'm not entirely sure the courts should care by Tyr07 · · Score: 1

      When my car explodes randomly, or my client disconnects from the game, it forces altered behavior on /my/ client.

      It shouldn't read me as dead, and it shouldn't have exploded my car. They're not tricking the server. They're tricking your client, so it is forcing your client / your car. If everything was calculated server side they couldn't have so many players running around in sync, in traffic, on a map as huge as GTA 5's map. There's a lot of peer to peer that goes on.

      They are actually hacking your client, by using a modded client that allows them to send information that is not correct to manipulate your client. So they're literally interfering with your client by using special tools that let them send custom data to it.

      It would be the same as install a device on a car, that sends signals to other cars, forcing them to play the tune, not listen to it. Actually play. We're not talking about someone cheats to get a rocket launcher, we're talking about your car exploding in an infinite loop and you can no longer play the game until you exit and join a new one.

    14. Re: I'm not entirely sure the courts should care by The1stImmortal · · Score: 1

      Hm not necessarily. Remember, derivative work stuff applies to redistribution. If you distribute something containing none of the original code (but designed to connect to it) then the derivative work doesn't exist until the user combines it with the original code on their computer, and they're entitled to make a derivative work of a copyrighted work, as long as they dont copy or distribute it. I can change words in my copy of a book as much as I want as long as I dont try to print new runs off it. And I can distribute instructions for people who have the same book to be able to deface it *exactly* the same way I did to end up with effectively a duplicate copy of my defaced book

    15. Re:I'm not entirely sure the courts should care by SvnLyrBrto · · Score: 1

      > Just a shitty game full of griefers that puts you off
      > playing anyway.

      If fairness though, you just described pretty much *every* online game since Blizzard took away private LAN play amongst closed groups of friends, and forced everyone onto battle.net.

      There are way too many assholes amongst the general unfiltered public for online gamine to be enjoyable; even without cheating clients in play. These days, I judge games almost entirely by their single-player experience; with only the rare exceptions for the few that still allow one to host a local server on a closed and private network. So I really see no reason to give a damn about the existence of multi-player cheats at all. And there are plenty of legit and cool things you can so with cheats and hacks in single-player. So really, screw Take-Two and screw this judge.

      --
      Imagine all the people...
  10. I'm torn by reiterate · · Score: 1

    I don't think the guy should be allowed to do what he's doing, but nobody has made GTA online more unplayable than the developers. Fuck that p2w garbage, I hope they lose money.

  11. Irony by Nidi62 · · Score: 1

    Take-Two had accused David Zipperer of selling computer programs called Menyoo and Absolute that let users of the "Grand Theft Auto V" multiplayer feature Grand Theft Auto Online cheat...[f]or "griefing" other players by altering their game play without permission

    So someone is getting in trouble for hijacking other players (game sessions) in a game called Grand Theft Auto?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    1. Re:Irony by SirSlud · · Score: 2

      Oh man, and get a load of this, people play games in which they get shot don't actually want to get shot in real life! HYPOCRITE MUCH, AMIRITE

      --
      "Old man yells at systemd"
  12. Something by thegreatbob · · Score: 1

    At least something is being done; even though it seems amusing, having millions in cash (or cars) spawned on top of you at least once during every play session is why I stopped playing it.

    --
    There is no XUL, only WebExtensions...
  13. Re:Georgia by thegreatbob · · Score: 1

    I'm going to... write a sternly worded letter of complaint!

    --
    There is no XUL, only WebExtensions...
  14. that line of thinking can be used to lock out repa by Joe_Dragon · · Score: 1

    that line of thinking can be used to lock out repair at non dealer shops.

    With copyright bs, and that can would cause irreparable harm to its sales and reputation by discouraging users from buying service and repair at dealer.

  15. Copyright by MoralCharacter · · Score: 1

    I'm not sure why the ruling was based on 'copyright infringement and causing irreperable harm to revenue'. This kind of cheating should fall under laws regarding computer crime.

    Not this doesn't include things like modding or cheating in a single player game. The problem is that this is being done with devices not owned by the user - game servers, other players games. And this guy is distributing that software enabling it. Regardless of whether you love or hate this particular game - it's not the only game that has problems with people like David.

    Take the newest 'big game' to come out, Monster Hunter: World. There are already 'cheats' (most people call them Hacks, as that's what the actually are) less than a week after the game came out. Among other things, they give people the ability to steal items from other players or givie them infinite items (which is completely impossible in this game without hacking.) Infinite items might 'sound' like a nice hack, but the game is entirely focused on hunting monsters for items - having an infinite amount of items removes the point of playing the game for most people. (I am simplifying why this is actually a bad thing.)

    Sure, Capcom could have done a better job with preventing this. But just because a car was left unlocked, it doesn't make it legal to go in, take someones things and go on a joy ride (car analogy!).

    1. Re:Copyright by MoralCharacter · · Score: 1

      You seem to be confused here. None of those items are intentionally manufactured to harm other people.
      I did discount mod tools as being illegal. If you bought the game, and installed it on your own computer - you are completely free to do whatever you want with it as long as it only affects your game on your computer.
      David's tools step over the line though - they are technically 'modding' tools, but the fact that it works online crosses a pretty specific line.
      You don't just magically get to change something like a privately owned game server by making a modding tool. To do something like that, you need to reverse engineer how the server communicates with the client, and then figure out how to get it to accept 'bad' commands - like teleporting another player under the ocean, stealing all their money, and so on. If you get to this point, it's pretty trivial to prove intent if you then sell this thing to others.
      David is well aware of how his product is used. He's been asked to disable the online features in the past. He refused. So now he had to go to court.

      You can make a pair of shoes and say they're intended for walking and jogging recreationally. You can make a gun and say it's made for sport shooting and game hunting.
      But you can't make a bizzare human torture device, glue a shoe to it and say "It's just a pair of Nikes bro, you can't indict me". Some people may well have used it to go jogging, it doesn't absolve you of responsibility when everyone else clearly see's it's a torture device and use it to re-enact their favorite scenes from Saw. Though I'd like to see you try to explain to a Judge how a device that very slowly cracks open human skulls and peels off fingernails - but also has Nikes glued to it - isn't a torture device.

      David made hacking tools and sold them to other players. Client Modding got glued to the side of software designed to exploit and disrupt the operation of an online service. The modding aspect is just a feeble attempt to cover his ass.
      But this is slashdot. Someone could make a virus and package it with minesweeper and people would come out to defend them - "It's minesweeper! The creator didn't intend for it to be used to wipe every computer in that Hospital. People just used it that way!"

  16. To paraphrase Shaggy 2 Dope of the ICP by OrangeTide · · Score: 1

    Fucking Copyrights, how do they work?

    I imagine this phrase goes through Judge Stanton's head at the start of every IP case.

    --
    “Common sense is not so common.” — Voltaire
  17. Sounds good by duke_cheetah2003 · · Score: 1

    I think it's a bit of a waste of court resources to be forced to deal with cheaters in video games.

    But whatever, cheating in online games ruins the game for everyone, so I'm all for courts putting their foot down on this. I know in my own case, I pretty much don't play any online games anymore, because of griefing, cheating and generally barbaric manners.

    Enforcing this ruling could be problematic though. It's notoriously difficult to take anything off the internet.

  18. GTA5 has no server side validation? How lame by master_p · · Score: 3, Insightful

    Hacks shouldn't happen in online games. The server should do all the checks and take all the decisions. If a hacked client can ruin other clients' games, then the online game is severely ill-designed.

    1. Re:GTA5 has no server side validation? How lame by MoralCharacter · · Score: 1

      I imagine there had to be some kind of checks in balances in place - Rockstar isn't exactly some clueless indie making their first game. David would have needed to take the time to figure out and make an exploit to work around whatever was in place to prevent tampering online for his tool to be able to do what it does online. If David had instead say, taken the time to figure out the checks and balances on a banks financial servers, and then sold a tool that let you 'mod' that server - we've had a very different news article.

      I couldn't say why Rockstar hasn't stamped this out - they've certainly made attempts in the past. My guess is that because these tools are being sold, that's incentive enough to keep updating the tool to get around whatever Rockstar puts in place.

      The only way to make an online game server secure, is to not let anyone play on it. Any game that's popular enough has been hacked in one way or another, because the unfortunate reality is that your software is in their hands - not even the 'Best Software Protection' in the industry to date, Denuvo, stopped people for very long.

    2. Re:GTA5 has no server side validation? How lame by MoralCharacter · · Score: 1

      A lot of Chinese, Korean and Japanese MMOs take some incredibly strong measures to try (and fail) to prevent players from hacking. Sony's Rootkit is a joke compared to what some of these anti-hacking programs can do.

      Honestly, them barring David from selling his tool, isn't going to stop anyone from hacking GTA - this isn't even a temporary victory, there's plenty of alternative tools available just a google search away. One even makes you Darth Vader so you can "make others suffer, while you stay safe" apparently.

    3. Re:GTA5 has no server side validation? How lame by strikethree · · Score: 1

      If a hacked client can ruin other clients' games, then the online game is severely ill-designed.

      If only it were that simple. Yes, many games are poorly designed. No, even the best designs will have issues with ill-behaved clients.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  19. Too little Too late by ChoGGi · · Score: 1

    Grand Cheat Loading V FTL