"Point is, I control what happens in my computer. "
No, Point is, Blizzard controls what is done with Blizzard's code.
Blizzard says "You may not use this code to facilitate a bot". You agreed to that when you created your account for World of Warcraft (else you could return the box for a refund)
You also agreed that Blizzard is allowed to use a program "Warden" to detect things that it considers cheating. And if found, Blizzard can find you in violation of the EULA, therefore terminate your access to *their* computers...
Perfectly fair, since "I control what happens on my computer" applies to Blizzard's computers too, ya know. They don't want your botting ass on there, they don't have to have you, even if you offer to pay $14.99/month.
"As I read this, the judge says that even if I buy a game, I might not have the legal right to copy it into memory (more than once). Is that right? "
Yes and no...
Yes, you might not have the legal right to copy it into memory more than once (at a time)
However, you will definetely have the legal right to use the game *as the developer intends* (as stated in the terms and conditions of your license).
Since, by definition, a game is intended to be played, you will have the rights to use said software to load the necessary code into your RAM, allow your system's OS to access said RAM and perform the necessary calculations, connect to whatever servers are coded in, etc, etc, etc....basically, you can play the game.
What you will not have the right to do is to use the code included in said game to perform a task not specifically authorized by the programming company, in this case, to facilitate unattended gameplay by an AI process. Blizzard, rightly or wrongly, sets out in it's conditions of access that "thou shalt not bot". Therefore, you cannot use the WoW code to facilitate botting. Likewise, you cannot use the WoW license key provided in the box (and necessary to create an account) to facilitate botting.
Play the game per the rules, accessing Blizzard authorized servers, and only modding the game in Blizzard-approved ways, and you will not have any problem.
The only people with issues here are those that want to cheat. I have no sympathy.
You mean....you mean...you mean they prevented people from creating stand along copies of their work so that people could play the game without paying for it, using pirated copies?
ZOMG! They are the DEVIL!
Of course they shouldn't take appropriate action to make sure that people obey the licensing restrictions they agreed to when purchasing the product. That would be evil.
They wrote it, they are within their rights to say "No, we don't want you using it this way". You want to play a RTS that has multi-player capability on an open LAN? Write it yourself.
I never said I would go to Linux.
I would, however, remain on my current version of windows. Which would deprive them of revenue.
See just how few businesses are hopping to Vista...and that still had back compatability...break that, and many businesses will not migrate.
"Just how "legacy" are we talking here? I don't much care about the software I was running 10 years ago. Oh sure, the stuff from last year I care about.
Of course, I suspect that I'm the minority even there. Most people just want a current version of word, internet explorer, itunes, and maybe something to touch-up their photos.
What they REALLY want is a way to transfer to the new computer painlessly."
As a personal consumer, you're right, I don't care much. So long as my personal stuff comes across cleanly, I'm happy.
As a IT Professional, I have to be concerned about maintaining the legacy applications my company has been running since 1988. If the new version of Windows will make that more difficult, I will be less likely to recommend following the upgrade path.
Business purchases drive MS's profit for OS's, not home computers. If Business fails to adopt, it's over.
You're endagering the guy doing 65 in the left lane passing the guy doing 60 by coming up on him from the rear, probably while you're talking on the cell phone or adjusting your satnav unit and not paying attention, so you're going to rearend him.
You're also endangering the guy who *can't* drive safely at 80, but sees you doing it and says to himself "Sh*t, I can do that...".
If you don't like the speed limit, petition to change it, it's not even hard to do.
Part of the sanctions put in place against them back during the Hostage Crisis...basically nothing that could be remotely considered as militarily useful is allowed to be shipped to Iran.
Actually, I believe the ban is even stronger than that...things like banking and such are banned as well...basically we don't like Iran, so we can't do business with them at all.
Umm...actually...for one week after a single "Get out the mail" e-mail...10% is *pretty damned good* as a response rate.
Most "political activism" groups are happy with 5%-10% participation after an intense effort to "get out the mail" over several attempts and several weeks.
The NRA, famous for "flooding" Washington with letters, averages around 3% response to it's "Legislative alerts". Admittedly, a larger scale, since they have way more members, and a National issue rather than One Single State, but still...10% does not suck.
Brick and Mortar Casino - Taxed...heavily...easy for the auditors to swoop down on and maintain control to make sure the state gets it's cut. Physical location clear, so no question as to what taxing authority "owns" it. Opportunities for additional taxable revenue from tourists, as they have to physically come to the state, and buy fuel, food, hotel rooms, souveniers, etc.
Online Casino - Theoretically taxable, but probably based overseas, so good luck collecting. Open question regarding what jurisdiction gets to tax it. No person actually travels, so no auxilliary income.
Congress does, however, have the power to determine which subject matters are within the jurisdiction of the Courts ("with such Exceptions, and under such Regulations as the Congress shall make." Article 3, Section 2), so in this case Congress is basically saying "Courts can not hear suits regarding this matter".
You'd like to believe that...but one of the key issues in our (in)famous 2000 election was that there wasn't enough time to complete the recounts in all of Florida before the Electoral College had to meet.
At least...so said the Supreme Court...the accuracy of that belief is left as an excuse for political posturing on both sides.
Not strictly necessary to actually monitor everyone...or even a significant percentage of everyone.
There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live -- did live, from habit that became instinct -- in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.
"Hmm...I can get the one song I want for 99 cents...*OR* I can get the one song I want, a remix of a song I hated anyhow, some crappy B-side number *AND a ringtone that isn't compatible with my phone for only TWICE AS MUCH??!!! where do I sign????!!!111"
So, let's see...Blizz wants to protect their brand identity, release good product, and grow. They had problems with WoW being more successful than anticipated, and they learn from their lessons.
Probably because the Church of Scientology managed to royally piss off a good chunk of the USENET community (remember USENET? Cool, wasn't it?) back in the day by abusing the cancellation system, spamming, and generally making a set of newsgroups more or less unusable.
Geeks have long memories.
Plus, add in the "Scientology uses Technology" angle (debatable, at best...outright laughable more realizstically), and yeah, there's some geek.interest.to.be.had.
They said that about electricity and phones too back in the 1910's.
Now electric and phone penetration is above 98%, and the quality of life for Rural Americans increased dramatically.
The key? Legislation that allowed Cooperatives to form *and helped them with the startup capital*.
You're right that it's expensive to lay the initial line, but once laid, upkeep is relatively inexpensive (barring natural disaster), but since Coops aren't trying to make profits (well, beyond establishing a reserve), there is no need for 30% profit margins, so expenses can be 30% higher and still maintain the same rates.
something similar could be done with Broadband (heck, use the existing Coops), but we're too busy trying to make other countries better to worry about our own problems.
Rural folks can get a quasi-Broadband connection from Satellite Internet providers, assuming they can get a shot to the south (and if you're rural enough to not get broadband, you're probably rural enough you can get a satellite to the south...).
But it's expensive ($80 or more a month), slow (I had it for 2 years, best DL speed I ever got was only 5 times faster than a 28.8 modem), unstable (hard rain = No internet), unsupported (well...okay, they have people on the other end of the line, but they aren't very good, and they can't fix your problem), and high latency (1500 ms ping is quick. VPN doesn't work, and forget about gaming).
We need a Tennessee Valley Authority-like program to get Rural America on the net.
Umm...in Dinwiddie County, Virginia, the order you sign the "Big Book" is in fact recorded.
I was 47th at my polling place for the last election, I know because when I showed my voter card the poll worker crossed the next number off a sequential list, announced that number to the man sitting next to him, who wrote it down next to my name in the big book just before I signed it in order to receive my ballot (well, my electronic card thing that let me use the machine, at any rate)
I don't know specifically that that number was ever linked to my specific entry in the database, but it wouldn't be hard.
(No, I didn't have to show my ID to vote, but it was easier than spelling my name 47,954 times in order to get the geriatric poll worker to understand that "MacNeill" is not after "McManus")
That's fine. Feel free to tell me that my being 340 lbs is a medical problem.
But if you do, don't refuse to cover the programs or surgeries to treat them because they aren't "medically necessary". Make up your mind, either being fat is a medical problem, therefore medical insurance should help defray the cost of treating it, or it isn't a medical problem, in which case it's not a viable reason to charge more premium.
As it is now, the insurance companies cherry pick based on what will maximize their stockholder return.
As a percentage of cases overturned, the 4th, 5th, 8th, and 10th circuits were overturned by the Supreme Court 100% of the time, the 9th was only 75% of the time.
The national average is 74%...in short the 9th Circuit is statistically no more or less likely to be overturned than anywhere else.
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No, Point is, Blizzard controls what is done with Blizzard's code.
Blizzard says "You may not use this code to facilitate a bot". You agreed to that when you created your account for World of Warcraft (else you could return the box for a refund)
You also agreed that Blizzard is allowed to use a program "Warden" to detect things that it considers cheating. And if found, Blizzard can find you in violation of the EULA, therefore terminate your access to *their* computers...
Perfectly fair, since "I control what happens on my computer" applies to Blizzard's computers too, ya know. They don't want your botting ass on there, they don't have to have you, even if you offer to pay $14.99/month.
Yes and no...
Yes, you might not have the legal right to copy it into memory more than once (at a time)
However, you will definetely have the legal right to use the game *as the developer intends* (as stated in the terms and conditions of your license).
Since, by definition, a game is intended to be played, you will have the rights to use said software to load the necessary code into your RAM, allow your system's OS to access said RAM and perform the necessary calculations, connect to whatever servers are coded in, etc, etc, etc....basically, you can play the game.
What you will not have the right to do is to use the code included in said game to perform a task not specifically authorized by the programming company, in this case, to facilitate unattended gameplay by an AI process. Blizzard, rightly or wrongly, sets out in it's conditions of access that "thou shalt not bot". Therefore, you cannot use the WoW code to facilitate botting. Likewise, you cannot use the WoW license key provided in the box (and necessary to create an account) to facilitate botting.
Play the game per the rules, accessing Blizzard authorized servers, and only modding the game in Blizzard-approved ways, and you will not have any problem.
The only people with issues here are those that want to cheat. I have no sympathy.
"Coat and Tie" means God is eating out at a fancy restaurant.
Sorry, but cross our borders, submit to our policies.
Similarly, you're free not to go to China and attend the Olympics if you wish not to.
(okay...I'm done channeling Bush...can you please remove the electrodes from my genetalia now?)
ZOMG! They are the DEVIL!
Of course they shouldn't take appropriate action to make sure that people obey the licensing restrictions they agreed to when purchasing the product. That would be evil.
They wrote it, they are within their rights to say "No, we don't want you using it this way". You want to play a RTS that has multi-player capability on an open LAN? Write it yourself.
I never said I would go to Linux.
I would, however, remain on my current version of windows. Which would deprive them of revenue.
See just how few businesses are hopping to Vista...and that still had back compatability...break that, and many businesses will not migrate.
As a personal consumer, you're right, I don't care much. So long as my personal stuff comes across cleanly, I'm happy.
As a IT Professional, I have to be concerned about maintaining the legacy applications my company has been running since 1988. If the new version of Windows will make that more difficult, I will be less likely to recommend following the upgrade path.
Business purchases drive MS's profit for OS's, not home computers. If Business fails to adopt, it's over.
You're endagering the guy doing 65 in the left lane passing the guy doing 60 by coming up on him from the rear, probably while you're talking on the cell phone or adjusting your satnav unit and not paying attention, so you're going to rearend him. You're also endangering the guy who *can't* drive safely at 80, but sees you doing it and says to himself "Sh*t, I can do that...". If you don't like the speed limit, petition to change it, it's not even hard to do.
No, it's not a replacement for real exercise, but as a replacement for sitting on your butt, eating cheetos, and pushing buttons, it's an improvement.
Actually, I believe the ban is even stronger than that...things like banking and such are banned as well...basically we don't like Iran, so we can't do business with them at all.
Most "political activism" groups are happy with 5%-10% participation after an intense effort to "get out the mail" over several attempts and several weeks.
The NRA, famous for "flooding" Washington with letters, averages around 3% response to it's "Legislative alerts". Admittedly, a larger scale, since they have way more members, and a National issue rather than One Single State, but still...10% does not suck.
Brick and Mortar Casino - Taxed...heavily...easy for the auditors to swoop down on and maintain control to make sure the state gets it's cut. Physical location clear, so no question as to what taxing authority "owns" it. Opportunities for additional taxable revenue from tourists, as they have to physically come to the state, and buy fuel, food, hotel rooms, souveniers, etc.
Online Casino - Theoretically taxable, but probably based overseas, so good luck collecting. Open question regarding what jurisdiction gets to tax it. No person actually travels, so no auxilliary income.
Voila...no case, no verdict, immunity.
You'd like to believe that...but one of the key issues in our (in)famous 2000 election was that there wasn't enough time to complete the recounts in all of Florida before the Electoral College had to meet. At least...so said the Supreme Court...the accuracy of that belief is left as an excuse for political posturing on both sides.
1984 - George Orwell, 5th paragraph.
That's what's wrong with that.
This is a keynote??
Geeks have long memories.
Plus, add in the "Scientology uses Technology" angle (debatable, at best...outright laughable more realizstically), and yeah, there's some geek.interest.to.be.had.
The Catholic Church, on the other hand... No so very hard at all
Oooooh....L. Ron Hubbard must be spinning in his grave....well...his thetans must be enturbulated around their next body host at least...
They said that about electricity and phones too back in the 1910's.
Now electric and phone penetration is above 98%, and the quality of life for Rural Americans increased dramatically.
The key? Legislation that allowed Cooperatives to form *and helped them with the startup capital*.
You're right that it's expensive to lay the initial line, but once laid, upkeep is relatively inexpensive (barring natural disaster), but since Coops aren't trying to make profits (well, beyond establishing a reserve), there is no need for 30% profit margins, so expenses can be 30% higher and still maintain the same rates.
something similar could be done with Broadband (heck, use the existing Coops), but we're too busy trying to make other countries better to worry about our own problems.
But it's expensive ($80 or more a month), slow (I had it for 2 years, best DL speed I ever got was only 5 times faster than a 28.8 modem), unstable (hard rain = No internet), unsupported (well...okay, they have people on the other end of the line, but they aren't very good, and they can't fix your problem), and high latency (1500 ms ping is quick. VPN doesn't work, and forget about gaming).
We need a Tennessee Valley Authority-like program to get Rural America on the net.
Umm...in Dinwiddie County, Virginia, the order you sign the "Big Book" is in fact recorded. I was 47th at my polling place for the last election, I know because when I showed my voter card the poll worker crossed the next number off a sequential list, announced that number to the man sitting next to him, who wrote it down next to my name in the big book just before I signed it in order to receive my ballot (well, my electronic card thing that let me use the machine, at any rate) I don't know specifically that that number was ever linked to my specific entry in the database, but it wouldn't be hard. (No, I didn't have to show my ID to vote, but it was easier than spelling my name 47,954 times in order to get the geriatric poll worker to understand that "MacNeill" is not after "McManus")
But if you do, don't refuse to cover the programs or surgeries to treat them because they aren't "medically necessary". Make up your mind, either being fat is a medical problem, therefore medical insurance should help defray the cost of treating it, or it isn't a medical problem, in which case it's not a viable reason to charge more premium.
As it is now, the insurance companies cherry pick based on what will maximize their stockholder return.
As a percentage of cases overturned, the 4th, 5th, 8th, and 10th circuits were overturned by the Supreme Court 100% of the time, the 9th was only 75% of the time.
The national average is 74%...in short the 9th Circuit is statistically no more or less likely to be overturned than anywhere else.
(source: http://www.centerforindividualfreedom.org/legal/re versal_rates.pdf)