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Update February 2016 - long read

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

  1. bossland

    bossland Administrator

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    Greetings Buddies,

    the next update is here.

    While one of our cases was allowed to be heared by the Federal Court of Justice of Germany (BGH), other two courts of appeal declined us this right. The one that was permitted was about HB and copyright, it was the very first one that started in Summer 2011.

    The courts of Dresden and Munich did not allow us to continue to the final court. We filled for both cases a non-admission complaint to the BGH. And see, the BGH took one of the cases. We where informed in late December, that the case of Dresden is accepted by the BGH. Speaking in numbers, only roughly 6.5 % of the complaint cases a year are accepted by the BGH. This is good news.

    The other pending case will take some time, until we get any decision out, as Blizzard delays it. On one side their BGH lawyer tells the court, that the documents are not available and because of that they can not reply. On the other side, they the lower courts to get the documents from BGH, so the lower your can decide uppon a fee. The fee is practially a monetary penalty if some one does not hold to the ruling of that court. So papers fly from one court to the other and back. Munich - contract law - seems to take a bit until its clear wheither BGH will look at it or not.

    Meanwhile there where two appontments at the court of appeal in Dresden (OLG Dresden):

    I. Stormbuddy case - contract law - we have appealed the decision of the lower court of Zwickau. And OLG Dresden had to decide weither there is still a contract and if there is one, what does it contain. The ruling on that case should be there at end of February. With our arguments we think that we only can win that case.

    2. Personal liability case - contract law - we also appealed the very wrong decision of the lower court of Zwickau. Scimilar to the first case, the ruling should be available until end of February and here I also expect to win.

    Upcomming events,

    A. Bossland v. CD ./. Roesdal - 15th March 2016 at LG Leipzig

    You may have noticed the shortcut used, please do use only the shortcut when you discuss that case here. We take care of our users in any matter.

    B. Bossland v. Activision Blizzard S.A.S. - 5th April 2016 at LG Leipzig

    We have sued Blizzard, as we believe, that they use our Software without our permission. This opinion becomes hardened, especially when looking back at all the banwaves and banwave attempts. We withdraw all existing licences Blizzard may have had, before the time the first banwave happened. We do plan to win that one too. Hoever this will probably go through all court instances and will take years.


    C. Blizzard v. Bossland - 10th May 2016 at LG Hamburg

    You remember the interim injunction we had on Demonbuddy ? We where forbidden to sell and distribute Demonbuddy in Germany. An interim injunction, like this, no one has ever seen yet. No lawyer, no judge, no living person. But as you can see, LG Hamburg is a very special court, they tend to do things... anyway, this interim injunction is still pending, and now the main trial starts. The difference between both is, that while in the injunction, Blizzard has to convince the judges, that our software may harm them, in the main trial they actually need to prove what they accused us of.


    D. We hope that this summer, we will see the first main trial at the BGH. It would be lovely. It would also end the very first case that startet in summer 2011. Five years is a very long time.


    What is the difference between us and MDY, or us and Ceiling Fan ?

    Besides that we are in the EU and european courts are consumer-friendly, where US courts, depending on the US state have different opinions on IT law, there are few more differences..

    Just because we are attacked with personal liability suits and with even more nonsense suits, this makes us stronger. We are fighting for something, a big part of it contains the rights of the players and the right to freely chose what to do in a game, as long as no laws are broken. At the end of this, i believe that we will have defined some rules and some decisons at the courts, as how law has to handle such and scimilar issues.

    With MDY and Ceiling Fan there was a suit and a contersuit, thats it. With Blizzard vs Bossland there are over 8 suits and 2 law firms representing Blizzard. It is heavy, imagine a Spanish War Galleon vs a Sloop (for the ones that love Pirates!). While the War Galleon has up to 32 cannons, it has low maneuverability. We have less fire power but we are very adaptable.

    That said, have a nice evening.
     
    Archaion likes this.
  2. Nociceptor

    Nociceptor Member

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    heads up, I love bossland for fighting against blizzard. I ll cross my fingers for you!
     
  3. Phyxios

    Phyxios Member

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    best of luck!
     
  4. Crowley

    Crowley Member

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    "Five years is a very long time."

    No doubt. Has taken way less time for Bl!zzard to shut other bots down. I personally have always liked your staying of the course since you 'KNOW' you are right. However as you have said knowing your right and the courts agreeing with you are 2 different things. No matter how right you know you are when a company hires 2 law firms to sue/shut you down there is an inherent risk monetary wise and precedence setting wise. If you lose you lose big. If you win you win big for what you know is right and future cases of the same kind.

    More power to you man.
     
  5. urfin

    urfin New Member

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    best of luck!
     
  6. Caper

    Caper Member

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    Man Blizzard really goes hard in da paint. It´s been five years now since they started suing Honorbuddy :)
     
  7. Hatdred

    Hatdred Member

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    B. Bossland v. Activision Blizzard S.A.S. - 5th April 2016 at LG Leipzig

    We have sued Blizzard, as we believe, that they use our Software without our permission. This opinion becomes hardened, especially when looking back at all the banwaves and banwave attempts. We withdraw all existing licences Blizzard may have had, before the time the first banwave happened. We do plan to win that one too. Hoever this will probably go through all court instances and will take years.

    How is this right for bossland to say they used there software in banwaves without permission and bossland is making money off blizzard with out paying a cent to blizzard this case will be lost by bossland in the first place

    If you are making money off another program and not paying for it..... You are breaking copyright laws
     
  8. dartex008

    dartex008 Member

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    gl ofc, but wow is dead anyway (c) Max
     
  9. raphus

    raphus Administrator Staff Member Moderator Buddy Core Dev

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    Do I have to pay car manufacturers If I'm creating and selling a parking assistance system for their cars?

    Rest in peace whole sub-industries in the world.
     
  10. Hatdred

    Hatdred Member

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    Volvo owns the rights to seat belts they do not charge car makers

    Bossland is still breaking copyright laws and yes you could charge car makers for a parking assistance system for there cars if you own the rights
     
  11. Hatdred

    Hatdred Member

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    I do believe if blizzard took the code for one of your bots like storm buddy that is wrong and you have a case
     
  12. Aion

    Aion Well-Known Member Buddy Store Developer

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    The reference is not even close, mate.

    Its like, Volvo when sell you a car, to revoke the rights off you for install a custom or 3rd-party auto-pilot system.

    IRL (In Real Life), once you purchase a product, even if its license, like this one, you are allowed to do whatever you like to with it within the borderlines of the common law.

    Controversy, in the Blizzard's virtual "realm", they are setting the boundaries, but once these boundaries start to pass the legal rights on the customers, volunteers like Bossland are the ones, who can "show Blizzard" the right way to handle this - in one or another way!
     
  13. usopplegrand

    usopplegrand New Member

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    Best of Luck Guys
     
  14. wired420

    wired420 Banned

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    I love always seeing this argument when the same has been done to Blizzard by these guys. They reverse engineered Blizzard's code just as Blizzard did to them. Going after Blizzard on that would be admitting guilt in all other cases that actually matter.
     
  15. Crowley

    Crowley Member

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    I *think* the big difference is that Bossland doesn't actually have the code but only the program that is compiled from the code. Whereas Bl!zz has the actual code which is Bosslands'. Reverse engineering isn't the same as having the source.
     
  16. kravitz

    kravitz New Member

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    Incorrect, second part is completely irrelevant towards the matter at hand but anyone could reverse engineer that said car maker parking assistance system and make a totally different system. They wouldn't be breaking any laws and protected under fair trade laws.
     
    Last edited: Apr 9, 2016
  17. nuhll

    nuhll Member

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    What does CD ./. Roesdal mean?
     
  18. Owneth

    Owneth New Member

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    You sound like Blizzard or a Legal Department to me... Rod Rigole.
     
  19. Aion

    Aion Well-Known Member Buddy Store Developer

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    Rod Rigole use punctuation, I believe. ;)
     
  20. Ehnoah

    Ehnoah Member

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    What means ?

    What means Proxies? People who use Proxy for Buddy or?

    -x 3 W 86/14 Proxy, VPN, DE Version, 25.000 EUR fine asked by Blizzard, in process
    - no attorney docket, Proxy, VPN, 50.000 EUR fine asked by Blizzard on 30th January 2016
    - no attorney docket, Proxy, VPN, 50.000 EUR fine asked by Blizzard on 15th February 2016
    - no attorney docket, Proxy, VPN, 50.000 EUR fine asked by Blizzard on 14th March 2016
     

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