Some of you may know, some of you may not. Recently Blizzard has sent out several DMCAs to a majority of the more popular private servers, effectively shutting them down. I am sure all of the people who donated money to get ultra powerful on those servers are so angry right now.
Is it going to keep private servers down? No, but will it stop them from so publicly advertising these servers and making money like they have in the past? I certainly hope so.
ID:278010
 Dec 15 2008, 4:58 am
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Let me get this straight, people play on private servers because they're too cheap to pay $15 a month. While on the private servers they "donate" anyway.
Makes perfect sense. | |
SuperAntx wrote:
Let me get this straight, people play on private servers because they're too cheap to pay $15 a month. While on the private servers they "donate" anyway. Not how it works. Many people who play on private servers also play on public servers -- you can do things on private ones that you can't on public ones. One of those things is to create imbalanced and supremely awesome characters, but often that privilege is reserved for financial contributors. I think it should be perfectly legal to host your own WoW server. You buy the WoW client software from Blizzard -- why shouldn't you be able to use it to connect to whatever server you want? If somebody creates a server which replicates the functionality of Blizzard's server, that's not copyright infringement. As far as I know, the models are on the client-side, so that's not copyright infringement. I'm not sure what Blizzard is arguing here, but I hope it gets thrown out. | |
SuperAntx wrote:
Let me get this straight, people play on private servers because they're too cheap to pay $15 a month. While on the private servers they "donate" anyway. Lots of people play 'free' MMORPGs, who then actually cost them maybe $50 or $100 a month to get experience potions and such. The human mind is an interesting thing ;) | |
To connect to those private servers you must alter your realmlist.wtf file, which would count as tampering with game files and is against the TOS. There's also the fact all server emulation software is created by reverse engineering, again breaking the TOS.
None of the private servers work properly anyway. Most of them have game breaking bugs which make the PvE content relatively unplayable. The PvP side is just as broken with everyone wielding overpowered, edited items. All private servers really seem to do is ruin what makes WoW awesome. | |
Your concept of what is and isn't illegal seems flawed here.
Its not legal to play on or host a private WoW server. No matter the case. You pay for several things when you buy the software. The CD with the software on, the packaging, the CD key and the manuals. The CD key is what gives you the right to use the product. The software is pretty much freely available - What you're paying for is the right to connect to a server. | |
SuperAntx wrote:
There's also the fact all server emulation software is created by reverse engineering, again breaking the TOS. If people are reverse-engineering whatever for the emulation server, there is no case because reverse-engineering is very legal and what do the terms of service matter on the emulation side of things? The fault belongs to the players, not the server hosts. | |
CaptFalcon33035 wrote:
If people are reverse-engineering whatever for the emulation server, there is no case because reverse-engineering is very legal and what do the terms of service matter on the emulation side of things? The fault belongs to the players, not the server hosts. Incorrect. Per the ToS, any attempt to reverse-engineer any part of the product constitutes a breach of the ToS. | |
First, let me say, I own WoW and pay to play on their servers, but when you say "Oh, you buy the CD, not the software". The way I see it, the software is part of the CD. I bought the software, and what I do with it, excluding selling duplicates(or other such copyright infringing things), is my business, as I own the software I bought. I didn't buy the CD. The CD was packaging for the software.
Can a clockmaker tell me I can't take apart my clock because he built it(after I made the purchase, by the way)? Can a dealership deny me the right to service my car at another mechanic? Who is Blizzard to say what I can and can't do on my personal computer with my personally owned software? That said, I can understand the complaint against the servers. That can be seen as distributing copyrighted material(depending on how the system works). But if the server software is crafted correctly, it is possible that the only data being transferred is not copyrighted material, and the information the server uses could be read right off the disc just like the client. So depending on how the server is crafted, I can understand a legal argument. With the client side stuff, changing to using a non-Blizzard server is just a simple edit of a URL in a text file, so you can do it without touching a single Blizzard file on your HDD. Sure, I have no doubt it violates their Terms of Service, and probably their EULA, but I didn't agree with either before I purchased the game, and most places will not take back a open PC game for any reason. So if I disagree with the EULA, I'm supposed to just pretend I spent $50 on a pretty box with a CD in it? I think not. EULAs are a horrible idea post install, especially on software that I've already payed for. I have a feeling that any judge who knows what "installing software" means would agree that you can't make a person sign a contract post purchase. | |
Alathon wrote:
CaptFalcon33035 wrote: So what about the ToS? You disagree with the terms of service, you don't get to use any of Blizzard's services. You bought the software though, and so can do whatever you want with it within the bounds of copyright law (which is basically don't make copies of it). | |
Danial.Beta wrote:
First, let me say, I own WoW and pay to play on their servers, but when you say "Oh, you buy the CD, not the software". The way I see it, the software is part of the CD. I bought the software, and what I do with it, excluding selling duplicates(or other such copyright infringing things), is my business, as I own the software I bought. I didn't buy the CD. The CD was packaging for the software. But here's the problem. From what I understand, you did not buy the software. You bought the right to use the software. That's the whole thing behind DRM. However crappy it may be, that's what they're doing, and by "renting" your copy, you're supporting it. This is how Windows works, eh? No one owns a copy of windows, they own the right to install and use it on their machine. Can a clockmaker tell me I can't take apart my clock because he built it(after I made the purchase, by the way)? Can a dealership deny me the right to service my car at another mechanic? Who is Blizzard to say what I can and can't do on my personal computer with my personally owned software? But what if you didn't buy the car, what if you took out a rental? I don't think rental companies would like you taking the car around to other mechanics without their permission. You don't own the property, they're just letting you use it. I can't say I'm very knowledgeable about these things, so if I'm wrong, please correct me, but from what I've read around, this is the way modern day software works. | |
Well said! I, personally, have tried playing WoW (trial version) and found it to be entirely grinding based. High level cap, lack of skill required to PvP (who's a higher level? >_>), the storyline is completely dismissible, and the graphics are definitely second-rate. If you like grinding, high level caps, and paying a monthly fee, that's the game for you.
I'd rather pick up Guild Wars, where it's free to play (after purchase of a CD Key), has a better PvP system (my opinion of course; you have your own), has MUCH better graphics (although still not the best; still better even for a f2p game), and the storyline is actually followable. Not to mention it allows for a "Hard Mode" to play a second time through but with much better drops, enemies, enemy AI, etc. Granted, the level cap is only 20, but I prefer as such because it requires people to use their HEADS to fight rather than use their LEVELS to fight. All-in-all, WoW is extremely repetitive; a more advanced version of Runescape as I describe it. Guild Wars might not have as many players, but that's only because Blizzard did VERY well in their marketing pre-WoW and managed to gather quite a crowd through their pre-WoW games like Diablo, Starcraft, and Warcraft. I might've left some info out. Sue me. | |
With rentals, you sign a contract before you leave with the car, and normally before you hand over any money.
They can claim what they want with their DRM, but I own the software. I didn't rent it. BestBuy doesn't have a "Software rental" sign hanging over games and copies of Windows. If copyright law wants to disagree, then it is wrong. If I rip a CD, as long as I'm keeping it in my personal use, I'm just enjoying my rights as the purchaser of an object to use it how I see fit. If my legally owned copy of XP refuses to work because Microsoft wont activate it, I will crack their activation and use it anyways. Are there laws saying I can't photocopy a page from a book to use elsewhere in my house while the book remains on the bookshelf? Somehow I doubt it. | |
SuperAntx wrote:
Let me get this straight, people play on private servers because they're too cheap to pay $15 a month. While on the private servers they "donate" anyway. The entire point of a private server is for enterprising capitalists to collect funds from software that they neither own the rights to nor have any business using as a front to collect money. In return, they offer edited items to rich kids with tons of disposable income with no regard to gameplay, balance, or how horribly illegal it is. This basically boils down to people with money thinking they're better than everyone else, since nobody who wipes their butt with hundred dollar bills thinks they should have to "work" for anything like the "poor people". | |
Airjoe wrote:
But here's the problem. From what I understand, you did not buy the software. You bought the right to use the software. This is correct. You do not own the software, you own the right to use the software within the bounds that Blizzard specified. Any illegal activity upon the software or through the software (such as selling gold for RL money) is a breach of the ToS. Illegal being whatever Blizzard define it as. Whether you like it or not, those are the terms to utilizing the software. | |
Lummox JR wrote:
I could frankly see a limited case for the infringing servers existing if Blizzard was not keeping their servers well-maintained and had basically moved onto milking a cash cow rather than continuing to serve their customers, but that isn't remotely happening here. (That would be the abandonware principle--not good case law but it fits most people's common-sense boundaries.) Blizzard does keep good control on their own WoW servers but the free Battle.Net servers is where I do not mind using services such as PvPGN. The Blizzard ones are rampant with hacking and high latency. George Gough | |
Hacking examples - editted items, characters, stats, etc
High latency - lots of lag and the such Rampant - a large number running around | |
Danial.Beta wrote:
With rentals, you sign a contract before you leave with the car, and normally before you hand over any money. Doesn't WoW have a monthly fee? They can claim what they want with their DRM, but I own the software. No you don't. I didn't rent it. BestBuy doesn't have a "Software rental" sign hanging over games and copies of Windows. You bought the CD key, not the software. You can get WoW anywhere, but without that key, you have nothing. If copyright law wants to disagree, then it is wrong. The law is never wrong. If I rip a CD, as long as I'm keeping it in my personal use, I'm just enjoying my rights as the purchaser of an object to use it how I see fit. That's not the issue here. If my legally owned copy of XP refuses to work because Microsoft wont activate it, I will crack their activation and use it anyways. Which is illegal, since you didn't purchase the right to do so. Are there laws saying I can't photocopy a page from a book to use elsewhere in my house while the book remains on the bookshelf? Somehow I doubt it. Well, there might be, depending on how it's used. If you share those copies, yes, that's illegal. If you have other people pay you money to look at the copied pages in your house, that too is illegal. | |
I could frankly see a limited case for the infringing servers existing if Blizzard was not keeping their servers well-maintained and had basically moved onto milking a cash cow rather than continuing to serve their customers, but that isn't remotely happening here. (That would be the abandonware principle--not good case law but it fits most people's common-sense boundaries.)
Lummox JR