Heart of the Swarm

[Correction]

This is exactly the same legal path they took to take down WoW Glider back in the day. So it will probably work again, because Blizzard has an army of high priced lawyers and the ValiantChaos guys have jack shit.

[aurik]

It's pretty ridiculous to consider the operation of copying the data from HDD to RAM to fall under the jurisdiction of copyright, but it does in the US. http://en.wikipedia.org/wiki/MAI_Sys..._Computer,_Inc.

That means if you violate the EULA, you forfeit your right to make a copy of the program, which means you are no longer permitted to make copies of the program into RAM (ie run the game) unless you are the *owner* of the software (and as a licensee you do not "own" the software), and therefore by doing so you are infringing copyright. Thus, by inducing you to violate the EULA, bot makers/sellers are not only interfering with the end-user's license with Blizzard, but also inducing them to commit copyright infringement.

It's a dubious legal theory but high-priced lawyers will win it nevertheless.

Realistically, congress needs to amend 17 U.S.C. § 117 to allow software *licensees* to make copies necessary for utilization of computer programs.

e: oh, weird. Just found the glider case:
http://en.wikipedia.org/wiki/MDY_Ind...rtainment,_Inc.

Apparently the appeal was partially successful, as it was found that "for a licensee's violation of a contract to constitute copyright infringement, there must be a nexus between the condition and the licensor's exclusive rights of copyright. Here, WoW players do not commit copyright infringement by using Glider in violation of the [terms of use]".

However, at least one judgment survived the appeal -- the DMCA anti-trafficking clause. Not sure the specifics of that one.

[Shenrien]

I can't wait for this lolol fucking cheesing people. I figured bumping this thread was better than making its own idk.

[Gredival]

It's pretty ridiculous to consider the operation of copying the data from HDD to RAM to fall under the jurisdiction of copyright, but it does in the US. http://en.wikipedia.org/wiki/MAI_Sys..._Computer,_Inc.

That means if you violate the EULA, you forfeit your right to make a copy of the program, which means you are no longer permitted to make copies of the program into RAM (ie run the game) unless you are the *owner* of the software (and as a licensee you do not "own" the software), and therefore by doing so you are infringing copyright. Thus, by inducing you to violate the EULA, bot makers/sellers are not only interfering with the end-user's license with Blizzard, but also inducing them to commit copyright infringement.

It's a dubious legal theory but high-priced lawyers will win it nevertheless.

Realistically, congress needs to amend 17 U.S.C. § 117 to allow software *licensees* to make copies necessary for utilization of computer programs.

e: oh, weird. Just found the glider case:
http://en.wikipedia.org/wiki/MDY_Ind...rtainment,_Inc.

Apparently the appeal was partially successful, as it was found that "for a licensee's violation of a contract to constitute copyright infringement, there must be a nexus between the condition and the licensor's exclusive rights of copyright. Here, WoW players do not commit copyright infringement by using Glider in violation of the [terms of use]".

However, at least one judgment survived the appeal -- the DMCA anti-trafficking clause. Not sure the specifics of that one.

I forgot the name of the case, but there was also a lawsuit about the GameGenie and whether or not it violated copyright. I'm pretty sure a circuit court found for the GameGenie in that case.