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First meeting with lawyers

Discussion in 'Legal' started by bossland, Aug 11, 2011.

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  1. roguetexan

    roguetexan New Member

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    Yeah, the Blizzard mouse basically makes certain third party software a monopoly. Apple does it though with iPad/iPhone etc., so be sure to cross-check against how they can do it so as to not walk into an easily avoided trap. I think the issue, as raised above, is that the argument "unfair advantage" does NOT hold weight at all once they let that mouse on the scene.
     
  2. Zardb

    Zardb New Member

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    I own the steelseries cataclysm mouse, how does this software differ in any way then say my Microsoft X4?

    You cannot run Macros with several actions with 1 click directly from mouse to game?

    There is also a huge-ass warning that doing this and that with macros will get you banned. Just like using other type of macroable hardware in a certain way.

    Tho i would be very very surprised if Blizzard loses this in the end. Not owning the right to dictate how your own servers and software is used, as well as not punishing those who gains financially from facilitating people breaching contracts etc, seems very strange to me.

    The Piratebay "owners" got slapped with a 2.7M€ personal fine ( so far) for helping to facilitating copyright infringement and circumventing different protections ( game *****s), without being directly involved ( which HB is) and charging money for it ( which HB is).
     
    Last edited: Aug 29, 2011
  3. Ace94

    Ace94 New Member

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    There is no thing as "UNFAIR advantage" if the developers are selling the item/product for the game and approve it. So no .. your logic is pretty bad.
     
  4. Dieselrat

    Dieselrat New Member

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    I wish you the best of luck :)!
     
  5. cowabunga69

    cowabunga69 New Member

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    There is nothing wrong with approving the use of a product with your goods or services. If, however, you restrict choice by precluding other providers from offering similar services on your platform that is in fact unfair competition. Anyone can write an app for the Iphone for example as they can for android or blackberry. The key point to remember is that Bosslands work does not interfere with Blizzards product directly in any way so Blizzards approval is not required. It is independent of the game and works along side it.

    Imagine if Sky TV flat out prohibited cable networks from distributing their channels but allowed other satellite networks. The competition commission would be all over their asses.

    Essentially what is happening is Blizzard is pro actively promoting the use of third party software for use with their game while making it a breach of contract to use services they do not promote. They have amended their EULA to do so. This is, in effect, detrimental to consumer choice and gives an unfair advantage to approved suppliers. What's the difference between my G15 running me round in a circle for 8 hours or honorbuddy? Have blizzard tried to sue microsoft for the Kinect? No because they'd get their asses handed to them on a plate. The relative usefulness of a third party product should be up to the consumer not the service provider and Blizzard are simply picking on the little guy because they feel the success of his service is Too effective.
     
    Last edited: Aug 30, 2011
  6. Mambaa

    Mambaa Member

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    Seeing this made me think of glider...which that site is now gone forever :( I hope this case a better out come than that one! Go buddy team!
     
  7. seafunk

    seafunk New Member

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    The best part! :D If you're going all the way up to the BGH, I'd assume this is gonna drag out for a looong time which basically is a win for HB users whether you finally end up winning or not... Who cares if you guys get jailtime right? ;P
     
  8. mspazz

    mspazz Member

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    If Blizzard wins this case, we should all cancel our accounts and cite the reason "You attack and ban people using third party automation to play your games, and you have lost my business for that." Let them see the true magnitude of numbers.
     
  9. seafunk

    seafunk New Member

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    I really wonder how many accounts are botting accounts atm. Would be interesting to hear some sales figures of HB. [brainfart]Hmmm, I just had an idea... :D[/brainfart]

    Anyway, gold selling will probably remain and reward the smarter people who know how to use TSM properly.


    I most definitely wouldn't cancel all my wow accounts when hb is done for, considering the enormous gain of value that gold will experience. Well, sendmessage + macro go a long way lol!
     
  10. Lahtinen

    Lahtinen New Member

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    Just a quick question, is the company in any way protected by German laws, or does German laws in any way make it harder for Blizzard to win this (like they did against Glider)?..
     
  11. momondoodk

    momondoodk New Member

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    I don't know much about it.
    But i kinda think you will win the case..
    And i hope so, i love this bot!
     
  12. DarkShado

    DarkShado Banned

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    MDY Industries, LLC v. Blizzard Entertainment, Inc



    Well they have already taken out Glider and I am sure that they will use some of the same
    tactics with you as they did with MDY Industries.

    May be a good idea to ensure your lawyer reviews these documents for
    MDY Industries, LLC v. Blizzard Entertainment, Inc,

    Their alligations are not that "squishy" as you may claim I would
    take this very seriously. Since MDY Industries lost their case
    and you could be in the same situation as MDY Industries.


    It took Blizzard no time at all to run right over MDY Industries
    and set president for any future cases such as yours.

    And if you think that because you are in Germany that you are safe
    you are wrong under the Berne Convention which Germany is a part of
    under the World Itellectual Property Organization.

    TREATY/BERNE/49: [Berne Convention] Ratification by the Federal Republic of Germany of the Paris Act (1971)

    You can see all the countries that are signatories to the Berne Convention
    at this page bellow. (Yes Germany is one of them)

    The Berne Convention Signatories


    MDY Industries, LLC v. Blizzard Entertainment, Inc. et al.
    United States District Court, District of Arizona
    Case No. 2:2006cv02555, Filed October 25, 2006
    Patent Arcade: Case Update: MDY Industries, LLC v. Blizzard Entertainment, Inc. et al


    MDY Industries, LLC v. Blizzard Entertainment, Inc
    http://msk2.inherent.com/images/cms/file/plovnick%20metalize%20rotstein%20mdy%20industries.pdf


    MDY Industries, LLC v. Blizzard Entertainment, Inc. et al - 40

    Order
    http://virtuallyblind.com/files/mdy/07-14-08_Order.pdf


    MDY Industries, LLC v. Blizzard Entertainment, Inc., et al Filing: 920101214
    9th Circuit Court of Appeals
    MDY Industries, LLC v. Blizzard Entertainment, Inc., et al Document 920101214 - :: Justia Docs

    Ninth Circuit Court of Appeals.
    Published Opinion for MDY INDUSTRIES, LLC V. BLIZZARD ENTERTAINMENT, INC., 09-15932

    Court of Appeals again Case #: 09-15932
    MDY Industries, LLC v. Blizzard Entertainment, Inc., et al Document 920110217 - :: Justia Docs


    MDY Industries Opening Brief 09/14/2009 Case: 09-15932 DktEntry: 7060666
    https://www.eff.org/files/MDY's Opening Brief.pdf


    Listen to recording for case: MDY Industries, LLC v. Blizzard Entertainment, Inc.
    Case Number: 09-15932 Hearing Date: 06/07/2010
    Listen to recording for MDY Industries, LLC v. Blizzard Entertainment, Inc., No. 09-15932

    Fred von Lohmann (September 25, 2009). "You Bought It, You Own It: MDY v. Blizzard Appealed"
    https://www.eff.org/deeplinks/2009/09/you-bought-it-you-own-it-mdy-v-blizzard-appealed
     
    Last edited: Oct 31, 2011
  13. Matt4life47

    Matt4life47 New Member

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    this... is... BOSSLAND
     
  14. mikeclark797

    mikeclark797 New Member

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    this is indeed a very slippery slope, but the issue needs to be struck down if possible. generally a company sets its sights on one set of laws and takes the most defensible line to get the biggest payoff. It was never intended for copyright, trademark and contract law to be applied in the convoluted manner it has.

    as I mention in a post on another thread, if blizzard is successful at arguing this, it binds these three areas of laws together and makes it possible to sue anyone who didn't pay you to interoperate with your software. this could lead to antitrust and any number of side issues. copyright law deals with literal works, not the product if the interaction (or non-literal) of you and the software, which is what the US judge found. this is bad for the software industry and for small software developers in general. hopefully german judges cannot be bought as the US one seemed to be.
     
  15. kravitz

    kravitz New Member

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    Best of luck to you guys. Hope you show Big business that they are in the wrong.

    Despite that... anything on my computer is mine and I own it (I purchased the program) for my personal use. It is when I attempt to copy / use code from that application for gain of personal profit is copyright and trademark infringement. Scanning memory to attach, else inject information into it IS NOT copyright infringement.
     
  16. whatcha413

    whatcha413 Member

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    They have enough money to buy us all a house and food and everything we would all ever need. So in my opinion they can go fk themselves. Greed will only kill yourself.
     
  17. Mario27

    Mario27 Banned

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    10% make it more 50% Xd
     
  18. arngu

    arngu New Member

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    What is all the Fuzz about?

    I've just bought a second Session for several reasons: it's not much money you want for your awesome work and i want to help, even if it's not much i can give.
    I have several Issues with Blizzard especially with the support, which i had an unadequate Contact in the last few days, concernig Phising and Identity theft, which i can easily identify because my Acc was hacked once and i have changed Login Mail Address. The Phising attemps run in in the "old" Adress, and guess what: The eu.battle.net.theirserver.com was locatet in Hong Kong! Thus i wanted to provide the Header of my Mail, and the IP+Location of the faked Account Site, beeing up and online in the very Moment. But Blizz claimed they do not need any Help their Division takes care of it wthout needing Input from Customers, and the Support Employee ended the Call (after having spent half an Hour in the Waiting-Line) in a very impolite way. Further i agree absolutely with the Theory that Bossland is rather pushing the Game than doing Harm to Blizzard. Without Bot i would have quit the Game already.
    And my BIG Question is: Why are they afraid of redoing the Interface PI, to make it impossible to bot? It seems like all the Countries who claim wanting the People to stop smoking, but not willing to Close Tabak Vendors, because they loose lots of tax Money then.

    Good Luck for Bossland, keep it up and BIG THANKS so far!

    P.S: I know it's not quite about the Theme of the Thread, but it shows very well how BlLIZZARD is thinking/working. (Or they rather prefer NOT TO THINK i am pretty sure about!)
     
    Last edited: Aug 8, 2012
  19. astralel

    astralel New Member

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    if they can allow addons and macros, they can allow hb.
    this game isnt playable well without the addons and macros. so aint that cheating?
     
  20. coldfront1

    coldfront1 Member

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    Go Buddy Team Go!!!! keep this alive! if you win the case and everything said and done, ill re-purchase my own auth! just to show how much i love you guys!
     
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