Glider Lawsuit Discussion Thread

[~OddBall~]

you really think they would rish getting a 6.000.000 dollar fine as well?

You obviously havn't spoken to Apoc lately, Blizzard won't be able to touch them when it's released.....

[Apoc]

You obviously havn't spoken to Apoc lately, Blizzard won't be able to touch them when it's released.....

What OddZor said, but anyhow, lets keep this on topic please.

[oigres2]

it would seem, from common sense (something that's lacking in much of the legal world), that Blizzard should be able to keep things like Glider out. They own the game, and if they want zero bots running around killing mobs or hopping around in BGs there should be a legal way of doing that, other than banning the users, and *especially* when the bot is a cash cow for its devs. And that's just glider which is a simplistic barely-functioning piece of crap, how about openbot that could do almost anything including assisting in arenas - no different than running an aim hack in a FPS.

Somehow this has ended up as a DMCA copyright infringement issue (vs users) and seems to set one heck of a precedent, from its "you COPY when you load from HD to memory, etc". The judge seems clueless enough for it all to be overturned on appeal, hopefully.

It's hard to choose sides here Glider is a money-grubbing POS of a product, Blizzard's claim that after 100s day played NOTHING belongs to the player is iffy at best. Probably the most important part of it all is not letting it set a precedent, or the whole "pay us $5000 per mp3 shared grandma or we sue and evict you" thing will spread like wildfire.

Just a few things with your post:

1. You say Blizzard should make a 'legal' way to prevent botting, clearly you haven't read the TERMS OF USE AGREEMENT and END USER LICENSE AGREEMENT because it CLEARLY states that you can't use any third party programs. Now that's a legal document you agree to when you install and play WoW for the first time. Now if people want to violate that, then Blizz has ever right to take further action.

2. Your assessment of 'you COPY when you load from the HD to memory' sum up of what this part of the trial, looks like you either misinterpreted or misunderstood the document.

3. The fact that you don't own any part of WoW is also written in the TOUA and EULA. So there is no question on who owns what. I think that's not the intention of Blizz to set a precedent 'pay us $xx.xx' but to say, if we own the copyright, you have no right to copy/duplicate/exploit/modify/bypass any of our product.

I personally hope that Blizz loose out and we can all go back to the cat and mouse game of Glider v Warden, but from a legal stand point (I'm a 6th year law student) that's looking grin. Just wanted to set a few misunderstandings right.

[gryphons53]

BTW to those calling GLider a cash cow for the developers...
FYI: Glider costs 25 bucks for a lifetime membership (more if you go elite) and the fines were 2500 dollars per copy of glider sold.

[Roxorxz]

As of now they are glider is losing.

[Cypher]

Merc got raped, in the ass, with no lube.

<Blizzard> Bite the pillow bitch, I'm going in dry!

[suicidity]

So.. That wasn't a good read at all.

Botters ****ed over by bullshit Law 101, This way!

[streppel]

mh let's see how it will be after 13. february...it's friday the 13....if this does mean anything...^^

[Near.]

I can't get my glider to work *sigh
Probaly because of the legal loss, checking the glider forums it doesn't look good.

[pwong101]

On glider forums under general, there was a topic named "Bye bye glider" made today...what's happenin!

[yamidante]

Just a few things with your post:

1. You say Blizzard should make a 'legal' way to prevent botting, clearly you haven't read the TERMS OF USE AGREEMENT and END USER LICENSE AGREEMENT because it CLEARLY states that you can't use any third party programs. Now that's a legal document you agree to when you install and play WoW for the first time. Now if people want to violate that, then Blizz has ever right to take further action.

A virtual document wouldnt hold up in court so a lawyer told me.

[Cypher]

A virtual document wouldnt hold up in court so a lawyer told me.

Then that "lawyer" is an idiot. A EULA is (generally) a legally binding contract (I say generally because obviously there will be exceptions). Yes 'click-through' agreements are under heavier scrutiny than most because they are contracts of adhesion, but they are still enforceable in a court of law as long as the clause being disputed is not deemed unconscionable (or rejected for another valid reason).

[suicidity]

Aha, but a way to bypass that is Not be of legal age when / if you agree to that legal document.
If you lied about your age when signing up, they can't exactly do anything against you; Because legally, it is illegal to go into a Binding Contract with a minor.


EDIT: But it depends on the state you are in as stated here..

Courts are divided on how to remedy a situation where the minor represented that they were of legal age when they entered the contract. Some courts regard the misrepresentation as immaterial and treat the contract in the same way as any other with a minor. Some courts allow the other party to avoid the contract on the grounds of fraud and get its full value back from the minor. Other courts use the minor's misrepresentation as justification to revoke the minor's right to back out of the contract.

[Whatnameisntinuse]

I'm just browsing the forums, but I wanted to state that as far as the law regarding contracts goes, you can dispute a contract based on many different thing, such as saying that you were not made aware of x enough, which is why coffee cups all have CAUTION:HOT all over them, and not simply a small sign in a window at your local coffee shop. Saying the stipulations were misrepresented, downplayed, or not in a legible format also works, aswell as accusing said stipulations of being far too broad to be considered a legal requirement.

It's all in how well your lawyers are paid really, every law has a crack and a loophole, any contract can be swung whatever way you want, if you are willing to cough up the dough... and E.U.L.A's are hardly iron-clad.

[raggerna]

I'm quite sure that Blizzard will win, ah, to bad