Why Blizzard is Right

•April 28, 2008 • Leave a Comment

Having played World of Warcraft ever since its release in 2004 and having personally used WoW glider for my personal gain, I have much to say regarding the recent lawsuit filed by Blizzard Entertainment against MDY Industries. World of Warcraft by all means is an addictive game. The feeling of satisfaction one attains from progressing through the game in form of ‘leveling up’ by killing progressively difficult monsters is exhilarating. More memorable are the fun experiences throughout leveling that create a sense of attachment between the player and the character. Leveling up is by large a central element to the game. The game caps characters at level 70 at which point one may move on to larger end-game challenges, or begin new characters and go through the grind to level 70 once again.

Needless to say, progressing through the game can also be very tedious at times and many players prefer to play end-game content which they claim is ‘when the game really begins’. As for those who restart new characters at level 1 once they reach 70, there are many portions of the game that one would rather skip due to its tedious nature. An example is gathering the items needed to attain an in-game mount. WoW glider, by automating your character, allows the player the option to skip any part of the game between level 1 and 70. It also allows the player the powerful ability to obtain an inhuman amount of items and gold.

I first started using WG when I started my second character. I just wanted to skip certain parts of the game I would rather not play through again. However, I soon realized I started using it to gather more items than I needed so I could sell them for extra profit. Then I started using the program even for portions of the game I planned to actually play. Eventually I just let the software ‘play’ my character to level 70. It was then that I realized the pointlessness of the game. I felt that all my ‘work’ put into my character was in vain when a mere third party software can do all that I could do, and more. If I didn’t use the program, my character would not be on par with those who did and I felt obliged to let the ‘bot’ play instead of me. Even when I did play, I noticed an increasing number of players ‘botting’ instead of playing.

Eventually I quit altogether, and I would say that WoW glider was the main reason. The game no longer became about fun, but about gathering as much virtual wealth as I could by letting the WoW Glider bot play the game for me. I had no attachment to the characters. It really ruined the game experience and countless others like me have quit the game.

Now Blizzard is claiming the same things as I have outlined and have accused MDY of causing monetary losses for Blizzard in the form of players quitting the game. I am a prime example. Additionally, the influx of items from ‘botters’ or ‘gliders’ (those who use WG) have disrupted the economy and legitimate players have a very difficult time purchasing items.

Though I do not think WoW glider formally violates any copyright laws, it definitely causes players to break their terms of service agreement which states that third party programs are not to be used. To me, Blizzard is clearly in the right for this one and MDY is simply trying to worm its way to winning the case by finding loopholes in the legal system and interpreting laws in a straightforward way, rather than in a way that applies to the case. Unfortunately cases involving intellectual property are a relatively new thing in the courtroom and therefore the formal legal guidelines have not been stringently set. With some luck, MDY might just emerge as the victor and WoW may fall into ruin further.

MDY Industries v. Blizzard Entertainment

•April 28, 2008 • Leave a Comment

A hot issue that is currently the talk of the town for a big portion of online gamers is the lawsuit Blizzard Entertainment filed against MDY Industries. Blizzard Entertainment is a corporate behemoth in the gaming industry and the creator of World of Warcraft (WoW). With over ten million active subscribers who pay monthly to play, it is considered the most successful online game to date. MDY Industries is a small privately run company that produced a third party program known as WoW Glider that allows users to modify the way World of Warcraft is played. As the number of users of WoW Glider (WG) grew, the modest company caught the attention of Blizzard and Blizzard proceeded to take corporate action.
WoW is a massively multiplayer online role-playing game (MMORPG) where thousands of players interact in a virtual world. A lot of effort is put into the game by players to level up their characters by slaying computer controlled monsters, as well as gather items and gold. The ‘world’ itself has its very own economy where currency is subject to the same forces of the real world, such as inflation and deflation. Through scripting techniques, WG essentially automates the characters of players and allows players to level up and gather items without actually being at the computer.

On the morning of October 25, 2006, Blizzard representatives made an unannounced arrival at the doorstep of Michael Donnelly, owner of MDY. They made several accusations. Firstly, MDY was accused of copyright infringement, secondly, of violating the Digital Millennium Copyright Act (DMCA) and lastly of causing players to violate their terms of service by playing WoW while using WG. According to Donnelly, the representatives demanded that Donnelly cease distribution of WG immediately, or face Blizzard in court. Needless to say, Donnelly did not cease distribution of WG and subsequently had to face Blizzard’s charges.

From Blizzard’s perspective, WG ruins the game by giving users of WG an unfair advantage over other players. It also disrupts the virtual economy where items and in-game gold are worth actual money in the real world and ultimately causes monetary damage to Blizzard. Additionally, the use of third party programs undisputedly violates the terms of service agreement between the players and the game. Donnelly, on the other hand, uses a direct interpretation of copyright law to defend his side. He claims since MDY Industries has no contractual agreement with Blizzard, Blizzard therefore has no right to prevent MDY Industries from distributing the software. Secondly, since Blizzard cannot prove that MDY created a copy of the actual game and rather created a third party program, MDY never violated the Copyright Act.

The current stage of the lawsuit is the Summary Judgement stage. At this stage, both Blizzard Entertainment and MDY Industries provide their best arguments and evidence to the judge. The hope here is to persuade the judge that the argument is so one-sided that one party should be declared before the case goes to a jury. This process alone may take months. For now, it is safe to say that much is uncertain and there seems to be no clear closure to the case on the horizon.

Works Cited:

Virtually Blind: Virtual Law | Legal Issues that Impact Virtual Worlds

http://virtuallyblind.com/2008/03/23/mdy-blizzard-motions/

PatentArcade

http://www.patentarcade.com/2007/08/case-update-mdy-industries-llc-v.html

World of Warcraft

http://www.worldofwarcraft.com

 
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