WoW Glider suing Blizzard
In case you're out of the loop, WoW Glider is a 3rd party application that automates all major aspects of gameplay. You set the parameters and it starts farming loot, experience, reputation -- whatever you'd like. This is, unsurprisingly, against Blizzard's terms of service -- those things you have to click agreement to before you play the game after every patch. But this lawsuit isn't just about whether or not WoW Glider breaks the terms of service: it's about whether or not Blizzard has the right to kill the distribution of WoW Glider. WoW Glider's complaint suggests Blizzard has been attempting to strong-arm them into stopping distribution based on alleged copyright and DMCA violation -- and WoW Glider's makers are jumping in with the first lawsuit, which (and, no, I am not a lawyer) seems to be asserting their rights to distribute WoW Glider and telling Blizzard to back off. Lawyers and non-lawyers can read the full text of the complaint and chime in with your own opinions below.[Thanks, Baratrill]
Filed under: Analysis / Opinion, Cheats, Blizzard
Reader Comments (Page 1 of 3)
Hira Nov 17th 2006 9:27AM
I hate wow gliders! Especially the one farming in quest zone ruining other's game sessions.
I ever report them!
The real problem is the need of gold and long leveling time.
More fun, less farm!
drench Nov 17th 2006 9:37AM
gliders suck!!! it's a cheat, no less, no more
Shat Nov 17th 2006 9:39AM
WoW Glider seems (unfortunately) within their rights. It's up to the player whether or not to break WoW rules. and Blizz's rules are just that, RULES, not laws. They can't sue you for using Glider, just ban you.
the six winger Nov 17th 2006 9:44AM
Simpsons lawyer: Judge our my client makes a piece of software that helps players of their games cheat. It helps them.
Judge: *shakes head* Get out of my court room!
Lawyer: Fair enough
Sylythn Nov 17th 2006 9:57AM
It's just the whole P2P issue all over again. Is the developer or the user responsible for the malicious use of the program?
Blizzard has a shot at a case if: 1) The software is being used to farm and the sell WoW gold/materials/accounts in the real world. (cause then it's theft of IP and copyrighted materials) and 2) The software's sole purpose is for malicious intent. (several P2P's got out of trouble because they had valid non-malicious uses)
Otherwise it's just a violation of the EULA which is a non-binding contract.
Jorane Nov 17th 2006 9:59AM
IANAL, but I think it's a little silly for WOWGlider to be suing like this. They're claiming that they're not infringing on any of Blizzard's/Vivendi's rights, but at least in this filing, they don't actually provide any evidence to support that claim.
IMHO, all this filing is supposed to accomplish is to force Blizzard to "put up or shut up" with their infringement claims - they either need to actually sue WOWGlider for infringement, or stop harassing them with threats.
thestormo Nov 17th 2006 10:26AM
The name is WoWglider, I think it is pretty clear what it is meant to do. You don't name something after a program that you don't intend on using it for.
It would be the equivalent of a music site called copyrightedmusicforfree.com saying that you can download shareware too. It is quite clear that the program is for malicious intent but can be used for other things.
Either way, I don't know the laws, good luck to them, they will need it.
Gamerz22 Nov 17th 2006 11:00AM
Many of you are losing the point. They do have an agrument.
Some comments and operations of the Glider could favor the side of Blizzard, but in lawful sense, WoW glider has the right to sue and possibly win as this has nothing to do with copyright or actual intention of infrigment. Sure, it plays WoW for the person, but realistically it is up to their customers to use it inappropriately and thus get banned or not. The WoWglider company doesn't do this, well no hard evidence they do that can be used, and so they haven't done anything wrong buy sell a product that can be used for such an issue.
It is
@thestormo - Your example is not comparable. One is copyrighted material being offered for free, while the other (WoWglider) is a program that plays the game itself. It doesn't give copyrighted stuff or anything illegal of any kind...
Entola Nov 17th 2006 11:01AM
It's not about whether or not what glider is doing is wrong. It's about the need for a legal precedence in regards to this kind of software. Until it gets ruled on by a judge, this kind of thing can continue. Blizzard(and other developers) will continue to say that it's their copyright, and the glider software people will say it's not. I'm glad that glider has filed this lawsuit, cause now they will stop circling each other and start fighting **grabs popcorn**
Gamerz22 Nov 17th 2006 11:02AM
*It is harassment and Blizzard can't legally tell them to disclose the product or suggest they are causing the infrigment themselves... So, it is interesting how this can go, but WoWglider has more on its plate apparently.
Also, don't think I'm pro-farm. I'm just neutral and stating the situation as I see, with legal knowledge.
Aladek Nov 17th 2006 11:15AM
Jorane, this is only the complaint to my understanding, and in the complaint they don't need to show the evidence as of yet.
xfr3386 Nov 17th 2006 11:16AM
The wowglider company is making a foolish decision fighting for this app. It is going to cost him more money than he's made selling it in legal fees.
I imagine he will win, there's really nothing blizzard can use against his software. If they had a case they would have started the suing process, but instead they showed up to his house and asked him to shut it down, which he claims included a threat to sue, so he's suing.
I hope they run him dry financially, but he wins, and has to close down the app/site because he's broke. Cheaters are scum, people who write apps for cheaters are worse scum, and people who write apps for cheaters and charge for them deserve the scum of the year award.
If blizzard does lose this case I wouldn't put it past them to put forth great efforts to detect and remove gliders from our servers.
Wartoad Nov 17th 2006 11:33AM
That's like saying it's illegal to use heroin, but OK to make and distribute it. Your daughter is a heroin junky and a criminal for using it, but even though I'm making and selling her the heroin, I'm legal. BS.
Matt Nov 17th 2006 11:37AM
Here's the way I see it:
It's difficult to say whether WOWGlider infringes on any of Bliz's trademarks because I've never seen the program in action (and don't plan on it either). I really have no idea what's up with the DMCA but I can't imagine their being much of a claim for infringement there either; WOWGlider is more like winamp than napster in that it facilitates play rather than theft. Where Blizzard may have a strong claim is that WOWGlider is encouraging and directly helping players to violate the terms of their EULA (which, contrary to prior posters, is a contract valid as any other when you decide to play the game). In legalese this is known as 'tortuous interference'.
In any event, filing an action for declaratory judgment in a case like this is quite common; it lets the potential defendant control the scope of the suit more than if they had just waited for bliz to sue, and that advantage is just another bargaining chip in settlement negotiations (which is what 99% of lawsuits are all about anyway)
Hope this helps
Gregory Block Nov 17th 2006 11:51AM
Keep in mind that the mechanisms these things use to insert the automation behaviour and read out information from the WoW binary does rely on techniques that may well violate DMCA; Blizzard has gone through great lengths to make what WoWglider does very difficult, and continues to find new ways of obfuscating the internal workings from applications of its ilk.
If there's an argument to be had, it'll be over the insertion mechanism, not over the purpose of the application itself, in all likelihood. Also note that the legal response takes issue not only with "defendants' rights" - the rights of Blizzard - being infringed by the author, but specifically mentions the rights of the users of his application. That means he's going after Blizzard's terms of use *as well* as the charges about his application violating DMCA.
In other words, this guy hasn't got a hope in hell, and is doing one last-ditch "hail mary" to save his business from imminent destruction.
Luis D. Nov 17th 2006 11:53AM
IANAL? Damn, there's an acronym for everything now. omgwtfbbqkek!
Zzap64 Nov 17th 2006 12:05PM
"That's like saying it's illegal to use heroin, but OK to make and distribute it. Your daughter is a heroin junky and a criminal for using it, but even though I'm making and selling her the heroin, I'm legal. BS."
Its nowhere near the same. The manufacture and sale of heroin is illegal. You can look it up and find the penalty for it and confirmation that it is illegal. Where in a real world law book does it say the making of programs like these are breaking the law?
By your rational, car companies could be held responsible for drunk drivers. The driver is the one doing the drunk driving, but the car manufacturer made the car drivable and faster than speed restrictions in place on the road. It doesnt add up and wouldnt fly in a court of law.
Im against these programs as much as anyone else but lets not confuse things... there breaking BLIZZARDS rules only, not real world rules/laws. The last time I checked you cant get locked up for violating a games terms of conditions agreement.
Swiftlydead Nov 17th 2006 12:12PM
Blizzard has every right to be selective as to who gets to and who does not get to use the servers that they are paying to use.
thestormo Nov 17th 2006 12:21PM
My comparison to free music was merely to point out malicious intent. It wasn't saying that they are equal to each other. This program has one purpose, and that one purpose is a violation of Blizzard's rules. That is it's only purpose, you could say that it might have another non-intentional purpose but that is irrelevant. That is where my music comparison came in, the title says exactly what it is meant to do and to argue that it can do something else and is therefore OK is ludicrous.
As far as your two analogies go, they are both very out of whack. I can not think of any other instances where a program was made to violate a rule but not a law and was deemed OK or wrong. I am sure there are similar lawsuits out there though.
Also, blizzard not suing right away does not mean they have no case. It means that they have a public image and running around suing people is not a good idea. Even if they didn't care about an image it would probably cost more to sue him than they could make from him due to the small size of his "business".
Prauche Nov 17th 2006 12:38PM
FYI - IF Glider wins, Blizz pays the legal fees. Honestly, I'd rather see Glider win personally (not that I'm for farmers). However, if Glider wins I wonder if our monthly fee to play with increase.... Heh.
Now I'm going to read the Complaint and see what's up. (I am presently assuming it's in federal court. If it's not, it soon will be.)