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  • Bossland GmbH v. Blizzard, the never ending story

    Discussion in 'Legal' started by bossland, Nov 11, 2016.

    1. bossland

      bossland Administrator

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      Greetings Buddies,


      there was no update for a long time, so let me update you a bit then.


      Germany


      As you might know, or might not know, two cases where at trial at the Federal Court of Justice of Germany, the highest german court.

      One case was decided prety fast, on the same day. There the judges have cut a judgement, the way, that only if three things are fulfilled, only then there is a copyright infringement. The sole watching of a video is not a copyright infingement.

      Now imagine - it actually was in this case - until the Federal Court of Justice of Germany removed the "or" before the "and" watching on the monitor.

      As a result, you would say... WHAT?!?! Yes, anyway, it something to clear out.

      The much more important case, will be decided January 12th 2017, so the court said.

      How that one goes, one can only speculate. So lets wait and see. It is the Honorbuddy case.

      Pending,

      we have two more pending cases at the Federal Court of Justice of Germany, it will take some time until the court decides wheither they are worth to be reviewed. One decision was even moved from 8th December 2016 to 27th April 2017.

      Let me speculate here, i believe it is because the court has to first decide the Honorbuddy case until 12th January, but with the decision there is not always the whole written judgement, this one can also take weeks or months.

      And im my opinion, depending on the Honorbuddy case, the court will continue to bring the remaining cases on the line. As far there are two pending ones and at least two more might get to the court over then next few years.



      United States of America

      Congratulations to your new president. Some might have notices, that Blizzard is trying to sue us in the US - asking for a jury trial - and that the case is still pending. There is not much to say there at this moment.

      Kotaku was so free to publish the whole lawsuit here:

      https://torrentfreak.com/images/blizzard-bossland.pdf



      United Kingdom of Great Britain and Northern Ireland

      Her Majesty's High Court of Justice in England has received two lawsuits from Blizzard. As things work much faster in the UK, we expect a first meeting at the High Court somewhen in January 2017.

      The first case is a temporary injunction against Watchover Tyrant, the second case is a lawsuit vs any bots we created that automate gameplay in Blizzard games.


      Such an escalation ? Why? I believe it did not go well with Blizzard and their expectations of the Federal Court of Justice of Germany.

      On the other side, as long as there is no Brexit, it might be interesting to see if both countries highest courts have a scimilar opinion on copyright infringement, breach of contract and unfair competition.

      Otherwise, it would be a good call to ask the European Court of Justice, that would clarify things in the whole European Union at once.

      On the bright side, i was never yet in London, i hope January is warm and dry.

      As an ending word, sorry at you all Buddies for your temporary loss. We hope you will still continue pay World of Warcraft and pay your monthly WOW subs!
       
    2. Craptuna0813

      Craptuna0813 Member

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      The only thing that boss-land could sue for is that blizzard used their products to figure out how it worked and possible catch alot of us in the past before the anti cheat system was created. Two Why are you not going after blizzard for invasion of privacy. In the usa is very illegal to scan our system memory to find your products because our personal information also lies in our memory as well which they have access to. That would be a huge argument to chase after them possible get them to drop that warden shit so they can no longer scan our system memory. Force them to change there terms of service agreement. In the end we would win because they would have to go back to there old ways of trying to catch us with player reports and gm findings.
       
    3. byt3

      byt3 Member

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      Warm and dry in London?

      Ahh we can only dream! :cool:
       
    4. tonycos92

      tonycos92 Member

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      Uhhh, thanks for the update, but right now I think everyone is only concerned with one piece of potential information....... More info on the banwave, is HB going to be able to overcome this?
       
    5. Azhemoth

      Azhemoth Active Member

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      Bossland isn't the one who brings this information - nor is this the place to ask for this information.

      Raphus is the person who will be updating us on the banwave information as him and MaiN are the ones that are in charge of it - not Bossland.
      Yes, HB will overcome it, just as it has easily been able to the last 3 times. Most people are already botting just fine.
       
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    6. y2krazy

      y2krazy Community Developer

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    7. fortis931

      fortis931 Member

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      The struggle is a direct representation of the relationship between Illidan and Maiev. Illidan or in this case Honorbuddy trying to keep people playing WoW and defend against the Legion while Maiev Blizzard just wants to hunt down Honorbuddy and the Illidari aka players who use HB to imprison (Ban) us.
       
    8. Captshiznit

      Captshiznit Member

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      What I don't understand with Actiretard Blizzard is where does the legal bullshit end?

      Oh you make something we don't like, stop or we'll threaten you with an army of lawyers. (like Nostalrius, oh shut down or we will sue you!11! even though they didn't make any profit and did it purely out of love). Then instead of offer all the people an alternative they just ignore the subject and string people along....

      If you ever get busted or forced just release the sourcecode (So loads of copies can spawn) relocate to Thailand, retire and tell Blizzard to go and fuck themselves with their lawsuits.

      Ban people.... fine. You broke rules bye to your shit ok cool.
      Attempt to shut down someone using legal bullshit and mindfuckery? fuck off.
       
      Last edited: Nov 11, 2016
    9. BeringerPig

      BeringerPig Member

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      Unfortunately they more than likely wont stop. Blizzard is a massive entity with a to-date "net income" of approaching 1 trillion $. With an annual revenue of 4.66 billion $.

      At this point, what.. nearly 7 years later? They're just poking and prodding Bossland till he runs out of sustainable income I'd assume. This wave was a massive hit on not only HB but from what i've heard... ALL other bots/hacks out there. I am extremely hopeful for bossland, I love this bot and community. But it's only a matter of time. Unfortunately.

      :'(
       
    10. Aion

      Aion Well-Known Member Buddy Store Developer

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      Its only me, or Blizzard again initiated a massive banwave (not Honorbuddy related, but all other wow bots as well), right after they lost in court again ...
       
    11. Djripper66

      Djripper66 New Member

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      Keep in mind that bots are for some disabled people the only way they can play the game because of physical restrictions.
       
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    12. Djripper66

      Djripper66 New Member

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      Plus Botting helps blizzard cause alot of people end up having multiple accounts and subs so that is making more money for them, for alot of people botting is one of the only thing keeping them playing.
       
    13. AnthraX

      AnthraX New Member

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      How do you expect them to pay their bills? =)
       
    14. Fulken

      Fulken Member

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      no honorbuddy= no wow end story
       
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    15. Fulken

      Fulken Member

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      no honorbuddy = no wow end story
       
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    16. waterlord

      waterlord Member

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      TL;DR
      Are we winning or losing? Not a law guy therefore wouldn't know much about cyber laws or whatever.
       
    17. Craptuna0813

      Craptuna0813 Member

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      Well look at it this way blizzard = billions of dollars bossland = maybe millions id say blizzard has the upper hand all they have to do is string bossland around with lawsuit after lawsuit till bossland has no money left to fight the big fight. If you guys were smart you would push for a judge to make it that after you win a judgment make the judge put a order of execution in to not allow blizzard to sue for any other areas of botting in the future. That way once you win(hopefully) you will have nothing but time to gain money back. Maybe drain wow's shitty economy so we could have a fighting chance at botting for over 6 months.
       
    18. Xarian

      Xarian Member

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      HB is losing. They havent won a single lawsuit that has to do with HB, they have won a lawsuit regarding stormbuddy, which had nothing to do with the nature of it being a bot or nothing. So while Bossland makes it sound like they are winning, really, they havent won anything so far.
       
    19. Aion

      Aion Well-Known Member Buddy Store Developer

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      Could you define the consequences of the therm "losing", mate?

      In the world of legal regulations, there is barely white or black color, its always some shades of gray.

      That is the reason, why single case maybe very important for HB future .. or maybe not?
       
    20. venndann

      venndann Member

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      The thing about claiming rights in a ToS, EULA, copyright, trademark, etc. is that you have to vigorously defend them if breached. If you do not, it appears that you aren't that interested in keeping those rights, and you could lose them altogether. So a lot of the legal action (not all, certainly, but much of it) against Bossland is Blizzard defending its control and rights over its product. If it didn't try to hold the line against third parties, which it does mostly by fear of litigation, more bots, helps, and even cheats would show up, and the game would be a wreck.

      The hypocrisy of course is allowing all the Add-ons. I don't see a lot of difference between HB and the add-ons that allow mass actions in the AH or faster leveling.
       

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