Posts: 1,920
Threads: 227
Joined: Feb 2003
10-05-2004, 03:38 AM
(This post was last modified: 10-05-2004, 03:40 AM by Taem.)
http://eff.org/news/archives/2004_09.php#001962
Quote:September 30, 2004
Dangerous Ruling Menaces Rights of Free Software Programmers
Contract and Copyright Trump Fair Use and Competition in BnetD Case
St. Louis - Fair use was dealt a harsh blow today in a Federal Court decision that held that programmers are not allowed to create free software designed to work with commercial products. At issue in the case was whether three software programmers who created the BnetD game server -- which interoperates with Blizzard video games online -- were in violation of the Digital Millennium Copyright Act (DMCA) and Blizzard Games' end user license agreement (EULA).
BnetD is an open source program that lets gamers play popular Blizzard titles like Warcraft with other gamers on servers that don't belong to Blizzard's Battle.net service. Blizzard argued that the programmers who wrote BnetD violated the DMCA's anti-circumvention provisions and that the programmers also violated several parts of Blizzard's EULA, including a section on reverse engineering.
The Electronic Frontier Foundation (EFF), co-counsel for the defendants, argued that programming and distributing BnetD was fair use. The programmers reverse-engineered Battle.net purely to make their free product work with it, not to violate copyright.
EFF Staff Attorney Jason Schultz said, "Consumers have a right to choose where and when they want to use the products they buy. This ruling gives Blizzard the ability to force you to use their servers whether you want to or not. Copyright law was meant to promote competition and creative alternatives, not suppress them."
EFF will appeal the case, challenging the court's ruling that creating alternative platforms for legitimately purchased content can be outlawed.
Contact:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Posted at 06:12 PM
I know some of you Lurkers support the concept of BnetD, so while cruising the net I stumbled upon this interesting article I thought I'd share with you. Taking that line from the passage, "programmers are not allowed to create free software designed to work with commercial products," I would assume this would also include Chat Bots, D2Accelerator, and D2Loader. Seems like a far-reaching ruling but I doubt it will affect anyone but BnetD.
"The true value of a human being is determined primarily by the measure and the sense in which he has attained liberation from the self." -Albert Einsetin
Posts: 1,606
Threads: 68
Joined: Feb 2003
10-05-2004, 05:38 AM
(This post was last modified: 10-05-2004, 05:42 AM by Archon_Wing.)
Blizzard never really was appoving of 3rd party programs. But they seem to have had their eye on BnetD for a while. Here's what I think:
One of the selling features of most blizzard game is battle.net capability. People could pirate the game for single player, but they would be denied access to the online gaming service without a valid cd key. Sure, you always have some people who go to certain limits to get around this, but many people would just buy the game for online gaming. If people could log on to online servers without a cd key then, then it would remove this safeguard. That's probaly why BnetD was singled out. It would be a greater threat to revenue then things such as d2accelerator. I doubt they would bother spending time and money to stop d2acceelrator.
P.S. This is all speculation.
With great power comes the great need to blame other people.
Guild Wars 2: (ArchonWing.9480)
Battle.net (ArchonWing.1480)
Posts: 338
Threads: 2
Joined: Feb 2003
Archon_Wing,Oct 5 2004, 12:38 AM Wrote:If people could log on to online servers without a cd key then, then it would remove this safeguard.
[right][snapback]57069[/snapback][/right]
I think it's more that they looked like complete asses when everyone and their mother was playing the War3 beta. Or else it was just a complete coincidence that they chose that time to shut down other matchmaking services and bring forward their suit. <_<
The ruling also clearly supported EULAs, stating that not only are they conscionable contracts, but that the terms supercede consumer rights, and first sale rights do not apply.
The DMCA was here upheld where it wasn't in the bleem case, because this Judge deemed the emulatory function of bnetd too similar to battle.net, wheras Bleem was decided to be qualitatively different than a PS because it played on your computer screen. :rolleyes:
Posts: 6,430
Threads: 204
Joined: Feb 2003
FoxBat,Oct 5 2004, 12:54 PM Wrote:I think it's more that they looked like complete asses when everyone and their mother was playing the War3 beta. :rolleyes:
[right][snapback]57102[/snapback][/right]
Yep. Timing is everything.
Occhi
Cry 'Havoc' and let slip the Men 'O War!
In War, the outcome is never final. --Carl von Clausewitz--
Igitur qui desiderat pacem, praeparet bellum
John 11:35 - consider why.
In Memory of Pete
Posts: 370
Threads: 12
Joined: May 2003
FoxBat,Oct 5 2004, 02:54 PM Wrote:I think it's more that they looked like complete asses when everyone and their mother was playing the War3 beta.
Don't forget the more recent leak of the WoW Alpha.
Alea Jacta Est - Caesar
Guild Wars account: Lurker Wyrm
Posts: 957
Threads: 21
Joined: Feb 2003
"programmers are not allowed to create free software designed to work with commercial products,"
So, changing MPQs 'by hand' would be legal, but using an MPQ editing program would be illegal?????
Posts: 338
Threads: 2
Joined: Feb 2003
10-29-2004, 05:44 PM
(This post was last modified: 10-29-2004, 05:44 PM by FoxBat.)
whyBish,Oct 28 2004, 12:35 AM Wrote:"programmers are not allowed to create free software designed to work with commercial products,"
So, changing MPQs 'by hand' would be legal, but using an MPQ editing program would be illegal?????
[right][snapback]58438[/snapback][/right]
No, distributing Blizzard's (changed or unchanged) MPQs at all has always been illegal under copyright law (never mind this EULA silliness) Changing it in your own home would be OK under copyright but problematic if software is indeed a "license".
BnetD is in a greyer area because it doesn't use existing Blizzard files and was "built from scratch." Memory-hacks (maphack) are somewhat similar, but they require "open-box" reverse engineering I.E. Assembly editing. Once upon a time, reverse engineering by "packet sniffing" used in BnetD seemed legal in principle, not sure how it is anymore.
