Courts Should Reject Blizzard's Assault on the First Sale Doctrine

from the contract-or-copyright? dept

We've written before about the ongoing fight over the legal status of end-user license agreements. Many software companies have tried to claim that breaking an EULA is copyright infringement, which often carries harsher penalties and stronger remedies than mere breaches of contract. The courts have generally resisted these arguments, holding that a copyright holder cannot expand the scope of copyright simply by attaching a "license" to its products. The Electronic Frontier Foundation points to the latest skirmish in this debate: Blizzard has taken the position that using a piece of software called Glider to cheat in World of Warcraft is not only contrary to the game's license agreement but is copyright infringement as well. Indeed, on Blizzard's theory, any violation of the license agreement would constitute copyright infringement.

Public Knowledge has submitted a brief in the case pointing out the real problems the courts would cause if they accepted Blizzard's argument. For example, among the terms of the World of Warcraft license are rules about what you can name your in-game characters. Blizzard's theory would mean that if you choose a name that violates those rules (such as naming your character after a "popular culture figure, celebrity, or media personality"), you would not only get kicked out of the game, but you would be liable for copyright infringement too! This is plainly not how copyright is supposed to work, and PK rightly urges the court to reject Blizzard's over-reaching argument. Perhaps most troubling, accepting Blizzard's argument would mean that software vendors would have the power to dictate who may make software that interoperates with their products. Outside of the much-reviled DMCA, copyright law has never given software vendors this kind of control, and there's no good reason to start now.

Filed Under: copyright, eula, first sale, world of warcraft
Companies: blizzard, eff

Once Again Real World Laws Enter Virtual Worlds: Warcraft Bot Maker Sued

from the bots-have-rights-too... dept

This isn't the first time we've seen stories like this, but Blizzard, the makers of World of Warcraft are suing the maker of a Warcraft "bot" that allowed players to automate certain activities. If this sounds familiar, you might recall people freaking out over bots in Second Life as well. It all goes back to the same point that it's dangerous to move real-world laws into virtual worlds. Those real world laws are designed to matter due to scarcity and the physical constraints of the real world. However, the whole point of a virtual world is that you're not limited by those constraints -- and you are only limited by the constraints programmed into the world. If the creators of the world don't program in certain constraints, it makes little sense to force them on the world through a real-world legal process. Why not just program in those constraints? So, if such a bot is really a problem, program a way to stop it from working and kick the user out for violating terms of service. But to bring a real lawsuit (using copyright, no less) makes little sense here.

Filed Under: bots, copybot, copyright, lawsuits, world of warcraft
Companies: blizzard

Does ActiBlizsion Make Sense? Can A Merged Activision And Blizzard Really Work?

from the the-studio-model-at-work dept

The big news in the tech world this weekend, of course, is the slightly complicated merger between video game firms Blizzard and Activision to form the not-particularly-creatively-named Activision Blizzard. You can read the link above to figure out the complicated parts, including Vivendi's role, as well as the various amounts of cash going into the deal from both sides. As for the rationale behind the deal, it's one of those deals that seems to make sense on paper. It makes the combined company somewhere around the size of EA, the major player in the space. It also aligns the complementary strong points of each firm. Activision is big in console games like Guitar Hero while Blizzard is big in multi-player online games like World of Warcraft. Blizzard also has a strong presence in Asia. So, on paper, it sounds like a great deal. The tricky part will be actually making it work. Even with such clear complementary successes, it's not always so easy to merge two large players like this with different approaches to the market. What almost always happens when two large companies merge is that one side ends up taking over and the other group fights for a while and then leaves -- taking much of the reason for the merger away. Even more complicated in this case is that both companies are pretty dependent on coming up with new "big hits" on a regular basis to keep bringing in the revenue. EA's success (whether on purpose or not) has largely been driven by the ability to release "franchise" games that people will buy the next version of every year -- particularly in the sports arena. If the merger makes the company take its eye off the ball, leading to a weak set of products, it could be quite damaging. Maybe the companies will pull it off. Maybe they can figure out a way to actually build on their separate strengths without fighting themselves -- but it's a big bet to take.

Filed Under: mergers, video games
Companies: activision, blizzard, vivendi

Researchers Want To Test How The Plague Would Spread In World Of Warcraft

from the all-for-the-sake-of-research dept

There are all sorts of questions about how the government would respond in the event of a serious outbreak of a dangerous virus or a plague. Certainly, various gov't agencies have plans and procedures in place, but it's difficult to account for all the different possibilities and how something might spread. However, some researchers have an idea for how they might get a better idea and perhaps get some training in at the same time: use online video games like "World of Warcraft" and see what happens when some players are infected with a contagious plague. The researchers note that "World of Warcraft" had its own plague a few years ago, which gave them the original idea to approach Blizzard to work out some sort of deal to do this kind of research. They hope that by seeing how real people react, with virtual characters whom they've invested a lot of time in, they'll get a better idea of how people react to certain situations such as quarantines. Whether or not it actually will work, it certainly seems like a creative solution to get a better understanding of some potential scenarios, prior to an actual emergency situation.

Filed Under: plagues, world of warcraft
Companies: blizzard