Game Cheats Are Illegal?

By kryo on July 15, 2008 10:31:35 PM from

In his summary ruling on Blizzard's case against World of Warcraft cheat-maker Michael Donnelly (released yesterday), District Court Judge David Campbell has stated that the act of using a bot in violation of a game's license or terms of use qualifies as a copyright violation. Huh?

Just to get it out of the way, I'm as much against cheats as the next guy. As a WoW player in particular, I'm glad to see Blizzard shut down the cheaters and cheat-makers. But this ruling doesn't make much sense to me; it seems like a case of the judge just trying to find a way to cover something which doesn't really cross any real existing laws. Worse, it sets some (arguably) nasty precedent, effectively making EULAs law (any violation is a violation of copyright), rather than simple contracts where the most you can lose is your right to use the software.

Strangely, the judge actually dismissed Blizzard's claims that the cheats violated the DMCA. Given the amount of use the DMCA gets in such cases, you'd think that the ruling would have been the other way around, at least. In any case, it seems the case is now going to trial to decide the DMCA portion for certain.

What do you guys think? Should this ruling stand? Personally, I think that it shouldn't--stripping cheaters of their access to the game and perhaps making a civil claim against the cheat-makers for damaging the game for everyone else is justified, but making any EULA violations illegal, as Judge Campbell (inadvertently or otherwise) has done is going too far.

+376 Karma | 462 Replies

Are they copying the game? If not, then it's not a copyright violation. Copyright can be traced back to two words. Right (as in entitlement), and copy (as in reproduce or reproduction) make up copyright. If it is not a copy, it's not an infringement of copyright.

but making any EULA violations illegal, as Judge Campbell (inadvertently or otherwise) has done is going too far.

Why?

Isn't a violation of an EULA a breach of contract?

Just because it has an acronym doesn't make it less enforcable.

If you agree to the terms of an EULA then that's that. You cannot selectively disregard it...

If copyright were that simple there wouldn't be room for debates of IP, etc....

Looks like the issue here would be with the taking and modifying of proprietary content for uses other than that which was intended.

If the Game designer wanted the game to be difficult and involving....any third-party attempts to circumvent that complexity would be a case to answer....

I'm not saying it's not illegal, I'm just saying that it's nto in copyright.

Somebody cheated while playing Monopoly "ruining the game for the rest of the players" all the injured parties should sue the offending party for enjoyment infringement. The law is being distorted by such a ruling. What did the judge find fault with that any user of this cheat software had to buy a second license to use WoW to cover this copy in RAM memory?

Furthermore Blizzard had a suitable remedy in banning the use of the cheat software from the WoW multiplayer boards. Bad ruling in my opinion. There's no proof that the cheat software damaged the WoW product in any way.

the judge is obviously not a gamer.

glad blizzard gigged the cheat-maker.

So, when is stardock giving the community the source code for SINS? ??

Why? Isn't a violation of an EULA a breach of contract? Just because it has an acronym doesn't make it less enforcable. If you agree to the terms of an EULA then that's that. You cannot selectively disregard it...

Ah, but breach of contract is just breach of contract; it's grounds for a civil claim of damages, but not illegal in and of itself. This ruling changes that.

Looks like the issue here would be with the taking and modifying of proprietary content for uses other than that which was intended.

The particular cheat in question, as I understand it, doesn't modify anything. It basically just plays the game for you.

I haven't read the decision yet, but the way I would have gone about arguing that would go something like this:

Cribbing from the Diablo EULA (as I don't play WoW, but I assume the WoW terms are at least as restrictive) one of the terms he agreed to was: Blizzard may, at its discretion, terminate this License Agreement in the event that You fail to comply with the terms and conditions contained herein. In such event, You must immediately destroy the Program.

Creating a bot program would violate one or more terms of the EULA (I would argue reverse engineering, modifying, and creation of a derivative work all took place), so Blizzard had the right to terminate his liscense to use the program. Any use afterward would constitute copyright infringement not breach of contract, as he was no longer party to a contract.

The particular cheat in question, as I understand it, doesn't modify anything. It basically just plays the game for you.

You wouldn't consider that a modification of the user interface?

Ah, but breach of contract is just breach of contract; it's grounds for a civil claim of damages, but not illegal in and of itself.

How about the idea of entering a contract with the intent of breaking it? Fraudulent, maybe? ....

This is a rather unsupportable ruling in my opinion for the following reasons. I have a 2 GB standard windows machine whenever running software of any kind Windows which is owned by MS has to have a "copy" of that software in RAM to run it. Windows caches my use of my computer to make loading times for frequently used programs faster. My HD has a cache on it. All of these place "copies" of programs in RAM memory.

I haven't read the court ruling and don't know if I would fully understand it but, I'm thinking if the judge is relying on the fact that Michael Donnelly's program needs a copy of Blizzard's WoW in RAM memory to work properly as proof of a copyright infringement, I think his ruling will be overturned.

Blizzard had the right to terminate his liscense to use the program. Any use afterward would constitute copyright infringement not breach of contract, as he was no longer party to a contract.

The user already owns a legally purchased copy and is not duplicating it in any substantial or material way, though they *are* using it in contravention of the license--but that's another matter (continued breach of contract). It's just a horrible misapplication of copyright law.

That depends on how WoW is set up when it comes to the division of client and server. If the client needs substantially more of the game in RAM than would be the case in normal play (allowing the program to "see" more of the map, location of enemies, etc), it could be sucessfully argued.

I really need to get myself a copy of the WoW EULA, so I can go through this properly.

Edit:

It's a ridiculous technicality (legally) that the judge is using here. Obviously, a program has to be loaded into memory to use, but that hardly consititutes a "copy" in any sense that actually matters.
The user already owns a legally purchased copy and is not duplicating it in any substantial or material way, though they *are* using it in contravention of the license--but that's another matter (continued breach of contract). It's just a horrible misapplication of copyright law.

Actually, (again from the D2 EULA) copying necessary to run the game is expressedly and specifically granted, so long as it is created as an essential step in your utilization of the Program in accordance with the terms of this License Agreement and for NO OTHER PURPOSE.

http://www.worldofwarcraft.com/legal/termsofuse.html

For those looking for the EULA.

If it can be demonstrated that the use of bots disadvantages other WoW customers there will clearly be a legitimate case for compensation....and that will be for a serious amount of money.

The guy who creates/sells this bot thingie is gonna be very very deep in the poo.

copying necessary to run the game is expressedly and specifically granted

I'd chalk that up to their lawyers just wanting to cover every possible base or avenue or exploitation, since yeah, some such cheats make mirror copies of the game's memory so it can't detect tampering in its own memory space.

In all actuality though, the copying of a program to memory is an integral step of using it, so it HAS to be granted or the whole thing is moot. It's actually not unlike the act of reading a book, in which the words pass through your short term memory. It would be utter nonsense to say that you're making a copy in the act of doing that. As with a game, only a tiny part is ever there at any one time, and the rest of the book (or assets) are read in and forgotten as you go. Generally, much of what's in memory at any given time is not the program itself, but runtime-generated data about the game world.

My thoughts? I don't like WoW...

Kryo...you're totally correct there...but that's probably not the issue at all. This bloke who created/sells the bot program thingie is altering the intent of the game....to be played [online] amongst fellow [human] players. There is supposed to be an advantage to a player if he uses a bot to remain engaged with the game 24/7....specifically to the detriment/disadvantage of others who do not use it/one.

THAT is where Blizzard will be able to screw this bloke....on behalf of the players who are unfairly discriminated against.

Or...

Every WoW player on the planet NOT using this guy's bot can enter a class action suit against him for loss of fair game-play enjoyment.

Either way, think more than knee-deep in poo....

I'm not so sure I agree with the premise that one's alteration of a game even in a multiplayer evironment greates a genuine tort action to those who now feel cheated upon discovery. WoW even indicates in their License and Services agreement that offenders accounts will be terminated. They've already stipulated the remedy.

As to the developer of the software that enables this "cheating" he isn't bound by any such agreement anymore than I am.

I could write "I think WoW sucks because I can't cheat when playing" and no matter how much some whining baby cries their enjoyment of the game is now ruined by my statement no court will consider that a valid tort was created by me in such a matter.

I think my example of someone is caught "cheating" during a game of monopoly and now all the other players can sue this "cheater" to compensate them for loss of enjoyment of the game is a good point.

Blizzard says you can only play their game with their service and software unmodified well, fine. It still doesn't constitute a valid tort in my opinion should someone fail to comply with such a simple provision. Losing the privalege to continue using the software and service is more than adequate.

By the way, after having read their agreement, I would not even consider purchasing and playing their game. It stipulates anyone's access to the game and service can be terminated without cause. This sost of outrageous one sided rubish is what you get from monopolists.

EULAs themselves are illegal and (theoretically) void. At least in Germany. I wouldn't try to sue any game company over it, though.

By the way, after having read their agreement, I would not even consider purchasing and playing their game. It stipulates anyone's access to the game and service can be terminated without cause. This sost of outrageous one sided rubish is what you get from monopolists.

Ok, if you rather want to play a game with massive bots users, since the gms would not have any legal way to ban them except by sueing every single one for breaking the eula.

And this clause is not something blizzard specific. You will probably find it in any MMORPG.

Bodyless you miss my point. Anyone's access to the software and service can be terminated without cause is what I would not accept. As a result, my action to not buy the product or service is reasonable.

gaming industry = going down.... fast....

they sued someone on the wrong topic.. he did cheat, i agree.. but they sue him in copying ?????

theyre putting to much effort in the wrong spot + only making it worse, im realy curious how many companys wil remain. they scare of more and more customers and theres already so much where i have to look at before i buy games, who produced it in combination with whom, who wil help me when i get a problem......
technical help...."yah you should buy that 380$ upgrade kit, then the game should work.... (like NO WAY)

i feel like people try to steal money every move i make trying to fix something wich i already bought at a to high price (pirates mostly help me with that stuff)

if this keeps going downhill i'll have a very game-less life ahead of me.....??

Wouldn't it require the use of the source code to create such cheats? Would that not be a copyright violation? ??

No, Blizzards argument seems to be that the bot circumvents Warden, which is Blizzards DRM system. However, the bot doesn't do that. You still require a legal copy of WoW, you don't violate the copyright.

Also, Blizzard sues the developer of the bot for profit losses because of reduced playtime of the gamers.

The developer can't control the actions of the purchasers of his product. A registered user will still be longed into the system when this software is running. A breach, if any, of a EULA or Services contract in this case is born by those who used the cheat software. Just because an agreement contains provisions doesn't necessarily mean they are enforcable. Blizzard has a remedy. Discontinue services to those who have breached the terms of any agreements with Blizzard.

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Game Cheats Are Illegal?