Submitted by Hackangel - February 26, 2007 at 6:42 pm -050024.200.62.5
@Mauler
"The specific relief he is asking for is that the courts rule that he isn’t violating *any* of their rights, which would include enforcement of the EULA and as such he is asking the courts to make his bot program legit in game."

I'm not a lawyer so I cant 100% say which one of us is right in this matter but I think you're reading too much into this:
"1. For a judgment and declaration that MDY's WOWGLIDER does not infringe any rights owned by Defendants;
2. For a decree enjoining and restraining Defendants from all further charges of infringement and violations of rights"
Although simply the word "rights" is used in the WOWglider creator suit I truly think it stands for copyrigths and not as you say *any* of their rights. They're pretty much mentionned as intellectual property rights and copyrights in Blizzard's countersuit, not just *any* "rights". It would be seriously ridiculous if someone, creator of bots or not, asks a jury to change Blizzard EULA as they see fit. That person would have to be crazy or joking since it's barely conceivable that they would win.

The baseball analogy still stands. I just need to ask "The sports company asked the team for the right to get the star to endorse their products". Blizzard makes it sounds like the creators of WOWglider forcefully interferes in the "contracts" between Blizzard and it's customers and forcefully makes them ban users of WOWglider. I do not believe it's the case and it will be up to a court if the creators have any responsability in the use of WOWglider beside offering to sell it.

Want another, shorter analogy, I think guns were used. If someone wants to rob a bank and the intention to purhcase a gun to do just so, the seller of the gun will be judged on if the selling of the gun was legal or not but no courts will place blame on him for me robbery.

They also mention how third-party add-on are in violation of the EULA but as I stated before, there are plenty of permitted third party add-ons and Blizzard encourages cheating in a way themselves by promoting twinking.
So I guess we will have to let a court decide who is in the right or wrong here.

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GamePolitics ShoutBox

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