Ownership Or License: The Difference Matters

from the quantum-bullshit dept

Those who rely on copyright like to do a neat little trick at times. When it's convenient, they like to claim that what they're offering is no different than a physical good. In such situations, if you make a copy, they claim that you "stole" it, and that it's "no different" that walking into a store and taking something off the shelf without paying for it. Yet, at other times, if you point out the sorts of restrictions that would lead to -- such as no control over the product post-sale -- suddenly they change their tune. You didn't buy the product, you merely "licensed" it, and thus they could post sale restrictions on things. If you buy a chair, and then build a replica yourself, that's perfectly legal. But copyright holders claim that's not the case when it comes to products covered by copyright -- because they insist that it's "licensed" not "owned."

Luckily, the courts have long pushed back on this attempt by copyright holders to extend copyright's power beyond what happens with physical goods. That's why, for example, we have a right to first sale, allowing you to resell a book. The copyright holder cannot claim that you only "licensed" the book, rather than bought it, so you are, in fact, allowed to resell it. But the law isn't entirely clear on all aspects of this, and software "licensing" is one key area where there are some problems.

A few years back, Blizzard sued the maker of a bot, the Glider bot by MDY, claiming that the software violated its copyright. Now, even many who are against abuses of copyright, emotionally started to side with Blizzard here, due to what the bot allowed: it effectively allowed cheating, by automating many repetitive tasks, to let users "level up" more quickly. But, if you get past that element, the case has important implications for copyright law, and whether or not the software you buy is really purchased... or merely licensed.

The district court ruling was incredibly problematic. Nothing the guy actually did with the bot software appears to violate copyright law. Basically, the court just decided that it didn't like what the guy did, and thus it used copyright law to shut him down, though it used rather tortured reasoning. This sets an incredibly bad precedent and seems entirely at odds with the purpose of copyright law itself.

The case is now being appealed, and Public Knowledge has filed an amicus brief while the EFF explains what's at stake:

Ownership matters, because otherwise Blizzard and other software vendors can wipe away important consumer rights with legalese contained in license agreements. For example, in Section 117 of the Copyright Act, Congress gave owners of computer software the right to use their legitimately purchased software without having to rely on permissions in license agreements. Blizzard and other software vendors are arguing that customers are not owners, but mere licensees, in an effort to eliminate our rights under Section 117.

This "owner-versus-licensee" trick is not just an end-run on Section 117, it's inconsistent with the law in other areas--the courts and Congress have long rejected efforts by copyright and patent owners to impose all kinds of post-sale use restrictions on books, patented machines, and compact discs. Why should software be different? Just as with those other copyrighted works, if you bought the disc that the software comes on outright (as opposed to leasing it, for example), you should get the privileges of an owner (i.e., the right to resell and the right to make copies and adaptations as necessary to use software).

In short, Blizzard's legal arguments here are all about using copyright law to take away consumers' rights in the software they purchased.

Hopefully, the Appeals Court recognizes this. Copyright owners shouldn't be able to play a quantum game of calling something "owned" when it suits them or "licensed" at other times when it suits them.

42 Comments | Leave a Comment..

If You're Addicted To World Of Warcraft, Why Not Get Therapy For It In The Game?

from the I-can-think-of-a-few-reasons-why-that's-a-bad-idea... dept

While we tend to have trouble with the idea that there's a real "addiction" issue with video gaming, there certainly are some people who have trouble leaving the game. And, there have been plenty of therapists/psychologists/psychiatrists popping up with offerings to help "video game addicts." But how does one stand out in the space? How about by treating the patients directly in the game itself? Apparently, that's the plan of one psychiatrists, who wants to start getting other therapists to join the game and treat patients within it. Wonder if they'll try to convince the offshore "gold farmers" that they need help...

40 Comments | Leave a Comment..

But Who's Doing All That World Of Warcraft Gold Farming While WoW Is Down In China?

from the hit-on-the-economy dept

A few years back, we wrote about the rise of virtual sweatshops in China that involved "gold farming" in online worlds. The idea was that these shops would get people to do repetitive tasks in online games to create virtual wealth that could be sold in the real world for cash. Last month, there were some stories claiming that China was looking to crack down on gold farmers, but later analysis suggested it had less to do with gold farming and more to do with alternate currencies found online. Still, it's worth noting the reports claiming that World Of Warcraft has been down in China for a while, and no one's entirely sure why. The rumor is that the Chinese gov't believes that an agreement between Blizzard and another company is illegal, and during the investigation it has forced the site offline. Still, it does make you wonder what all those WoW gold farmers are going to be doing. Judging by how often they try to spam our comments, from Chinese IP addresses, they can't be handling the downtime all that well. Update: Cool. Folks in the comments come through again, pointing out that the gold farmers are connecting via US servers so this doesn't much matter. So now you know... Of course, if that's the case, then who cares whether or not the Chinese servers have gone down?

29 Comments | Leave a Comment..

Blizzard Gets Super Aggressive With Cease & Desist Letters

from the way-to-piss-off-fans... dept

Bradley writes in to alert us to the news that, in the last month or so, the lawyers over at Blizzard have been quite busy sending out an awful lot of cease-and-desist letters for pretty much anyone having anything to do with the game World of Warcraft. Among those hit with C&Ds are iPhone apps, web comics and others. The latest involves a popular fan site, called WarcraftPets.com that was apparently selling some things to support the site -- which is apparently a huge no-no to the lawyers at Blizzard (though, it's not clear why they went after some free iPhone apps as well). The whole thing doesn't make much sense. Why is it so problematic that a fan site that's helping to promote the game can't make a little profit for helping promote the game? And, yes, when it comes to trademark law, there is a duty to protect, but that's only in the cases of clear confusion. If there isn't likely to be any confusion, there shouldn't be an issue.

29 Comments | Leave a Comment..

Ruling In WoW Bot Case At Odds With Intention Of Copyright Law

from the very-troubling dept

When a judge ruled last summer that a World of Warcraft bot violated Blizzard's copyright, the ruling was already quite problematic in that it vastly expanded the scope of copyright law in terms of the power of an EULA to limit the activities of legitimate purchasers by use of copyright law. However, an additional ruling dealing with some of the other aspects in the case may be even worse. Tim Lee's writeup explains all the gory details, but just to highlight the key point: this ruling clearly goes well beyond the intention of copyright law and the DMCA specifically, in allowing a software company not to just limit the sale or copying of its program, but to limit how a legitimate copy is used outside of additional copying or selling.

Of course, as we saw when the original ruling was made, there are some in the tech community who are willing to ignore the implications of this just because they don't like what the bot software did (i.e., helping people effectively cheat in the game). However, you need to look beyond what the software did to what these rulings actually mean, and it's quite problematic, and could represent a significant expansion of how copyright law can be used to remove all sorts of rights from individuals. The fact that this particular piece of software was used for questionable purposes is not the issue. The issue is that it was a twisted reading of copyright law that was used to stop it. Blizzard had a variety of options -- mainly technological -- to combat such a bot. To use copyright law is a problem we should all be concerned about.

39 Comments | Leave a Comment..

Blizzard Adds Another Scarcity To Sell Around World Of Warcraft: 3D Figurines

from the it's-the-little-things dept

We're always looking for interesting examples of companies using infinite goods to sell scarcities, and George Johnston points us to one side business that Blizzard Entertainment seems to have gotten into to make more money from World of Warcraft. The company already gives out its basic software for free, but sells the (scarce) service of connecting to its game servers to play (even though there are "free" servers out there, many end up paying for the official one, because it's better, more stable, and has many more players). However, Johnston noticed that Blizzard has also done a deal with a 3D printing company (usually used for things like rapid prototyping) to allow game players to buy 3D models of their players. This is unlikely to ever become a really big business, but it highlights, yet again, that there are numerous different scarcities around any particular product -- and a good business is one that goes out and explores that wide variety of options to figure out what they can sell.

38 Comments | Leave a Comment..

Mixed Signals On The Value Of World Of Warcraft In Moving Up The Corporate Ladder

from the depends-on-who-you-talk-to dept

Just a few weeks ago, the NY Times had a blog post talking about how some recruiters were telling World of Warcraft players to avoid mentioning their gaming on resumes, as many employers were telling recruiters to avoid gamers, on the theory they "cannot give 100 percent because their focus is elsewhere [and] their sleeping patterns are often not great..." Of course, in different companies, you get very different views on that same subject -- and CIO magazine is running a profile of Starbucks' new CIO, where they actually play up the fact that he was "one of the top guildmasters" in the online game. In fact, those who have worked with him note that his experiences in WoW have given him more leadership ability than the MBA he also happens to have. So, for the WoW gamers out there who despaired after reading the NY Times article, perhaps just go looking for a different type of company.

35 Comments | Leave a Comment..

Looks Like Someone Learned From The Scrabulous/Hasbro Mess

from the good-for-them dept

We've talked about how both Hasbro and Mattel seriously screwed up in dealing with Scrabulous, the online version of Scrabble written by two brothers in India and placed in Facebook where it became a huge hit. While the companies did make overtures to working with the brothers, eventually they sued to shut down the game, pissing off plenty of legitimate fans, leading to widespread boycotts of Hasbro and Mattel games, and allowing the brothers to create their own new game that has also won fantastic reviews.

It appears that not every game company is so short-sighted. Reader Doug Schneider writes in to let us know about a guy who created a virtual copy of the popular casual game Bejewled inside the virtual world World of Warcraft. Yet, rather than shut the guy down or threaten to sue him, the makers of Bejewled, Popcap Games, hired the guy to create an official version for World of Warcraft, saying that the original version lacked polish, so they figured it made sense to just hire him to clean it up and make an official version. What a concept.

10 Comments | Leave a Comment..

Blizzard Seeks Injunction Against Open Sourcing Bot Software It Can't Defend Against

from the that-raises-just-a-few-questions... dept

We were more than a bit worried last month, when a judge ruled that some bot software of the game World of Warcraft somehow infringed on Blizzard's copyright. It involved a lot of really tortured logic to figure out how such software actually violates Blizzard's copyright. It certainly is true that such software may be annoying to other World of Warcraft players, but that doesn't mean it actually violates copyright. We're already seeing some of the potential unintended consequences of such a decision, as Slashdot alerts us that beyond just seeking an injunction against the software, Blizzard is specifically seeking an injunction against him revealing the code of his software, such as by open sourcing it. If the court agrees, this effectively gives Blizzard control over someone else's source code, just because a judge found it infringed on their copyright. That seems highly problematic and dangerous.

65 Comments | Leave a Comment..

Courts Should Reject Blizzard's Assault on the First Sale Doctrine

from the contract-or-copyright? dept

We've written before about the ongoing fight over the legal status of end-user license agreements. Many software companies have tried to claim that breaking an EULA is copyright infringement, which often carries harsher penalties and stronger remedies than mere breaches of contract. The courts have generally resisted these arguments, holding that a copyright holder cannot expand the scope of copyright simply by attaching a "license" to its products. The Electronic Frontier Foundation points to the latest skirmish in this debate: Blizzard has taken the position that using a piece of software called Glider to cheat in World of Warcraft is not only contrary to the game's license agreement but is copyright infringement as well. Indeed, on Blizzard's theory, any violation of the license agreement would constitute copyright infringement.

Public Knowledge has submitted a brief in the case pointing out the real problems the courts would cause if they accepted Blizzard's argument. For example, among the terms of the World of Warcraft license are rules about what you can name your in-game characters. Blizzard's theory would mean that if you choose a name that violates those rules (such as naming your character after a "popular culture figure, celebrity, or media personality"), you would not only get kicked out of the game, but you would be liable for copyright infringement too! This is plainly not how copyright is supposed to work, and PK rightly urges the court to reject Blizzard's over-reaching argument. Perhaps most troubling, accepting Blizzard's argument would mean that software vendors would have the power to dictate who may make software that interoperates with their products. Outside of the much-reviled DMCA, copyright law has never given software vendors this kind of control, and there's no good reason to start now.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

25 Comments | Leave a Comment..

Once Again Real World Laws Enter Virtual Worlds: Warcraft Bot Maker Sued

from the bots-have-rights-too... dept

This isn't the first time we've seen stories like this, but Blizzard, the makers of World of Warcraft are suing the maker of a Warcraft "bot" that allowed players to automate certain activities. If this sounds familiar, you might recall people freaking out over bots in Second Life as well. It all goes back to the same point that it's dangerous to move real-world laws into virtual worlds. Those real world laws are designed to matter due to scarcity and the physical constraints of the real world. However, the whole point of a virtual world is that you're not limited by those constraints -- and you are only limited by the constraints programmed into the world. If the creators of the world don't program in certain constraints, it makes little sense to force them on the world through a real-world legal process. Why not just program in those constraints? So, if such a bot is really a problem, program a way to stop it from working and kick the user out for violating terms of service. But to bring a real lawsuit (using copyright, no less) makes little sense here.

34 Comments | Leave a Comment..

Government Continues To Search Virtual Worlds For Terrorists

from the anyone-look-on-America's-Army? dept

A few weeks back, we pointed to a ridiculous report from the federal government's Intelligence Advanced Research Projects Activity, claiming that places like Second Life could be breeding grounds for terrorists. Why Second Life as opposed to any standard web chat room? That's not at all clear. Salon has gone through and thoroughly debunked the notion that terrorists are likely to use Second Life, noting that the so-called "experts" who made the claims clearly had never used Second Life. Yet, don't think that means the government won't keep up its fear-mongering over the issue. Wired is reporting that the U.S. intelligence community is working on software to detect terrorists infiltrating World of Warcraft. Initially, the program will focus on just profiling the behavior of people in such virtual worlds, but down the road they hope that it will automatically identify those likely to be terrorists. I wonder if they'll use similar programs in the Army's own America's Army online video game?

26 Comments | Leave a Comment..

Seagate Hard Drives Came With Trojan Pre-Installed

from the no-extra-charge,-either dept

There have been plenty of stories this year about problems with Chinese manufacturing outlets, though, not many of them have touched on the technology industry. Now, however, Seagate is admitting that some of its hard drives that were made in China came with a trojan horse password sniffer pre-installed. It mostly targeted Chinese online games, but the one American game it included was the ever-popular World of Warcraft. On the plus side, the trojan also disables any other password stealing keyloggers that it finds. Seagate is now offering free copies of anti-virus software to customers impacted by this. In the meantime, experts suggest that you might want to format any new hard drives you get, just to be safe.

26 Comments | Leave a Comment..

Researchers Want To Test How The Plague Would Spread In World Of Warcraft

from the all-for-the-sake-of-research dept

There are all sorts of questions about how the government would respond in the event of a serious outbreak of a dangerous virus or a plague. Certainly, various gov't agencies have plans and procedures in place, but it's difficult to account for all the different possibilities and how something might spread. However, some researchers have an idea for how they might get a better idea and perhaps get some training in at the same time: use online video games like "World of Warcraft" and see what happens when some players are infected with a contagious plague. The researchers note that "World of Warcraft" had its own plague a few years ago, which gave them the original idea to approach Blizzard to work out some sort of deal to do this kind of research. They hope that by seeing how real people react, with virtual characters whom they've invested a lot of time in, they'll get a better idea of how people react to certain situations such as quarantines. Whether or not it actually will work, it certainly seems like a creative solution to get a better understanding of some potential scenarios, prior to an actual emergency situation.

57 Comments | Leave a Comment..