Filed under PC News on March 26th, 2008

Blizzard/Vivendi games up in arms over the Warcraft bot ‘WoW Glider’, the legal docs describe a legal battle that’s unfolding in US District Court over WoW Glider, a bot that automates just about anything in World of Warcraft. According to plaintiff Blizzard, the program infringes on their copyright, and violates Blizzards EULA, WoW Glider argues that since no copy of the game is used, it does not violate any copyrights. Here’s a snip with some of the details:
In its legal submission to the court last week, the firm said: “Blizzard’s designs expectations are frustrated, and resources are allocated unevenly, when bots are introduced into the WoW universe, because bots spend far more time in-game than an ordinary player would and consume resources the entire time.”
‘Infringed agreement’
Blizzard argued that Michael Donnelly’s tool also infringed the End User License Agreement that all parties have to adhere to when playing the game. More than 100,000 copies of the tool have been sold, according to Mr Donnelly. More than 10 million people around the world play Warcraft.
Mr Donnelly said the first time had had been aware of potential legal action over his program was when a lawyer from Vivendi games, which publishes Warcraft, and an “unnamed private investigator” appeared at his home.
In his legal submission, he detailed: “When they arrived, they presented Donnelly with a copy of a complaint that they indicated would be filed the next day in the US District Court for the Central District of California if Donnelly did not immediately agree to stop selling Glider and return all profits that he made from Glider sales.”
“Blizzard’s audacious threats offended Donnelly,” according to the legal papers.
Mr Donnelly says his tool does not infringe Blizzard’s copyright because no “copy” of the Warcraft game client software is ever made.
Blizzard has said the tool infringes copyright because it copies the game into RAM in order to avoid detection by anti-cheat software.
According to a post on blog On Warden, new updates to a World of Warcraft cheat detection software, Warden, could, in theory, be used by Blizzard to install malicious software on the users computer. The post says several times, “Blizzard has not, in my opinion and to the extent of my knowledge, broken laws with Warden’s use in World of Warcraft. Nor do I believe they would knowingly and willingly do so.”
The writer claims to be one of the foremost experts on Warden outside of Blizzard employees and has “first-hand knowledge of Warden through reverse engineering nearly every minute detail of the software since its inception.”
Full Disclosure: the On Warden blog’s about me only has a link to Lavish Software, which develops WinEQ2, a program that allows “forcing the game into windowed mode, session-switching hotkeys (two-way cycling and global activation), custom window titles, custom eqclient.ini and eqlsPlayerdata.ini for EQ1, automatic CPU Affinity setting and more.”
Warning: technical language after the jump.
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The Hellgate: London Website speaks out about the new about the Hellgate Adware EULA with an explanation of why it’s worded the way it is. To me it sounds like they are trying to put out fires with very weak excuses on why they did what they did.
We want to make something very clear. We are in no way scanning your computers for your personal information or taking any personal information without your knowledge. The only time that Flagship or Ping0 would collect your personally identifiable information is when you actually decide to give it to us. Examples are when you create an account for Hellgate: London online or when you provide us your personal information when you enter a contest. The language in the portion of the EULA that has been cited is actually fairly standardized language that is used in the vast majority of EULAs for recent on-line software. It was unfortunately also somewhat broad in scope and potentially ambiguous in nature in an attempt to keep the legalese at a minimum.
This catch-all statement was included so that we have the ability to determine if someone is using hacks, unauthorized mods or other abusive applications while playing the game which spoils the gameplay for everyone else. We also use this catch-all to protect other parties offering technical support, such as our online provider, Ping0. This is a completely legitimate function and other leaders in the MMO space do it in an effort to stop hackers and provide better technical support. In order to stop hacks and cheats, as well as attempts at outright fraud, we may need the ability to scan our player’s computers for applications running at the same time as our game. This paragraph was designed to be able to allow for such functionality. It is also important to point out that EA does not determine what we do in regards to online and offline for our game security.
Also, this has nothing specifically to do with advertisements. EA has nothing do with Massive or potential ad-serving in Hellgate: London. First and foremost, any in-game advertising that would be in Hellgate: London is there to simulate how London looks in the real-world. Ads that represent this have been in the entirety of the beta, and in fact, have been shown in the game for well over a year. The fact is that we did not agree to potentially have ads in the game just to make more money. If we did not work with Massive, we would have to get individual approvals from every single company that we want to feature in the Underground stations. This is simply too time consuming and it’s much better to have the experts to do it, allowing us time to focus on making Hellgate: London better and better while getting a realistic portrayal of London in the process.
Should we elect to serve ads, they must be approved by us, Flagship Studios. We would demand that they be in-context with the game world - aged, weathered, only shown in appropriate areas, just as the static posters you see in the Stations are now. We have no interest in putting giant, bright-white billboard in the middle of your battles or having you wield swords of Brand X Cola.
Finally, Hellgate: London and all of the online play and components are controlled by Flagship Studios and Ping0. We’re all gamers here, and we’re as sensitive to protecting our personal information as you are. This is why we have spent the past six months becoming a member of the ESRB Privacy Online certification program. This means that we’re meeting the most rigorous standards in the industry for protecting your privacy and the information that you provide us.

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