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<title>Techdirt. Stories filed under &quot;servers&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;servers&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 13 Mar 2013 05:55:13 PDT</pubDate>
<title>Maxis Insider: EA Lying About Needing Servers For Single Player SimCity</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130312/15405822302/maxis-insider-ea-lying-about-needing-servers-single-player-simcity.shtml</link>
<guid>http://www.techdirt.com/articles/20130312/15405822302/maxis-insider-ea-lying-about-needing-servers-single-player-simcity.shtml</guid>
<description><![CDATA[ <p>
Throughout Simcity's massive <a href="http://www.techdirt.com/articles/20130305/14551022206/launch-day-punishment-simcitys-online-only-drm-locking-purchasers-out-servers-purchases.shtml" target="_blank">public flameout</a> last week, questions were <a href="http://www.techdirt.com/articles/20130307/14574822243/simcity-backlash.shtml" target="_blank">raised (repeatedly)</a> about EA's claims that an offline, single-player mode would be a massive undertaking because of the amount of calculations being done server-side. As many people pointed out, this seemed to be a choice EA had made in order to prevent piracy, rather than a necessity due to the (shoehorned-in) social aspects of the game.
<br /><br />
Minnesota Viking's kicker, Chris Kluwe, was one of the many voices <a href="http://www.techdirt.com/articles/20130308/17332722270/avid-gamer-minnesota-vikings-punter-chris-kluwe-does-math-how-much-eas-simcity-debacle-cost-ea.shtml" target="_blank">finding EA's claims dubious</a>:
<blockquote>
<i>The fact that EA requires an "always on" connection is ostensibly because so many operations are taking place server side that your computer won't be able to handle it (which is a blatant falsehood, since when I was streaming the other night, the only times I DIDN'T have latency was when I was disconnected from their servers and my computer had to run all the game operations), but in reality it's to try to combat piracy.</i></blockquote>
John Walker's <a href="http://www.rockpapershotgun.com/2013/03/11/simcity-is-inherently-broken-lets-not-let-this-go" target="_blank">recent Rock Paper Shotgun piece on SimCity's "inherent brokenness"</a> (and why gamers shouldn't let EA walk this one off) echoed this sentiment.
<blockquote>
<i>SimCity, of course, could be a single-player game. Ignore the utter nonsense about how some of its computations are server-side. What complete rot. As if our PCs are incapable of running the game. I'm sure some of the computations are server side! But they damned well don't need to be, <b>as all of gaming ever has ably proven</b>.</i></blockquote>
EA, however, continues to claim otherwise, somehow expecting PC users to believe that without its valuable servers picking up the computational slack, the game would be unplayable. (Or, more so, I guess...) Unfortunately for EA and its "talking points," a Maxis developer has stated exactly the opposite.
<blockquote>
<i>A SimCity developer has got in touch with RPS to tell us that at least the first of these statements is not true. <b>He claimed that the server is not handling calculations for non-social aspects of running the game, and that engineering a single-player mode would require minimal effort.</b></i>
<br /><br />
<i>Our source, who we have verified worked directly on the project but obviously wishes to remain anonymous, has first-hand knowledge of how the game works. He has made it absolutely clear to us that this repeated claim of server-side calculations is at odds with the reality of the project he worked on. Our source explains:</i>
<br /><br />
<i>"The servers are not handling any of the computation done to simulate the city you are playing. They are still acting as servers, doing some amount of computation to route messages of various types between both players and cities. As well, they're doing cloud storage of save games, interfacing with Origin, and all of that. But for the game itself? No, they're not doing anything. I have no idea why they're claiming otherwise. It's possible that Bradshaw misunderstood or was misinformed, but otherwise I'm clueless."</i></blockquote>
So, it's exactly as many players (and unhappy customers) believed. SimCity's always-on requirement does little more than any other always-on requirement: attempt to prevent piracy. Demanding every player <i>always</i> be online throughout the entirety of their single-player game is ridiculous. The Maxis insider who spoke to Rock Paper Shotgun says that not only is a single-player version SimCity possible, but that "it wouldn't take very much engineering" to make it a reality.
<br /><br />
Players elsewhere are also discovering what Kluwe had: that the game runs, at least temporarily, without an internet connection, something that <i>shouldn't</i> be possible, according to EA's claims that its servers handle a "<a href="http://www.polygon.com/2013/3/9/4081464/simcity-interview-ea-maxis-lucy-bradshaw" target="_blank">significant amount of the calculations</a>."
<blockquote>
<i><a href="http://kotaku.com/5990165/my-simcity-city-thrived-offline-for-19-minutes" target="_blank">Kotaku ran a series of tests today</a>, seeing how the game could run without an internet connection, finding it was happy for around 20 minutes before it realised it wasn't syncing to the servers. Something which would surely be impossible were the servers co-running the game itself. Markus "Notch" Persson <a href="https://twitter.com/notch/status/311535572596432896" target="_blank">just tweeted</a> to his million followers that he managed to play offline too, despite EA's claims.</i></blockquote>
The Maxis insider points out that the Glassbox engine running SimCity processes the actual simulation client-side, before sending out updates to EA's servers. These updates are then queued in the regional server until they can be processed, which (depending on server load) may take several minutes. This helps explain why gamers are able to run for a limited amount of time without a connection.
<br /><br />
EA has remained adamant that a single-player SimCity is logistically impossible, but that claim is suddenly holding a lot less water. This revelation doesn't bode well for EA's leaky Claims Waterholder or any future endeavors it had planned that might have relied on its "our supercomputers do the thinking for you!" rationalization in order to force more "online-only" requirements down users' throats. This online-only requirement is <i>no different</i> than others before it. It may battle piracy, hacking and cheating, but makes onerous demands of its paying customers every step of the way.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130312/15405822302/maxis-insider-ea-lying-about-needing-servers-single-player-simcity.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130312/15405822302/maxis-insider-ea-lying-about-needing-servers-single-player-simcity.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130312/15405822302/maxis-insider-ea-lying-about-needing-servers-single-player-simcity.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>EA-needs-some-new-talking-points</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130312/15405822302</wfw:commentRss>
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<item>
<pubDate>Wed, 6 Mar 2013 05:49:14 PST</pubDate>
<title>Launch Day Punishment: SimCity's Online-Only DRM Locking Purchasers Out Of Servers, Purchases</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130305/14551022206/launch-day-punishment-simcitys-online-only-drm-locking-purchasers-out-servers-purchases.shtml</link>
<guid>http://www.techdirt.com/articles/20130305/14551022206/launch-day-punishment-simcitys-online-only-drm-locking-purchasers-out-servers-purchases.shtml</guid>
<description><![CDATA[ <p>
A few months ago, the SimCity devs stopped by Reddit <a href="http://www.techdirt.com/articles/20121214/16262621391/simcity-developers-reddit-ama-swiftly-turns-into-wtf-with-online-only-drm.shtml" target="_blank">for an AMA</a> and found themselves fielding several questions about EA's plans to release the game with an "always online" requirement. Requiring an internet connection to play a game, even in single-player mode, has been utilized by more than one company, often with <a href="http://www.techdirt.com/articles/20120724/20095919818/german-consumer-group-not-happy-with-diablo-3-internet-requirements.shtml" target="_blank">disastrous results</a>. Still, game companies continue to craft software with this requirement, mostly for anti-piracy reasons, although they often play up the "social" aspects as a sort of (completely transparent) smokescreen.
<br /><br />
As was pointed out by several Redditors during the AMA, the online requirement was ridiculous and seriously inhibited playability. For one, no one's internet connection is perfectly reliable. Secondly, SimCity was going further than most games, allowing only <a href="http://www.reddit.com/r/IAmA/comments/14umm1/we_are_the_simcity_dev_team_from_maxis_amaa/c7gmhqu" target="_blank">server-side saves</a>, meaning that players could easily lose progress if their connections dropped.
<br /><br />
Six weeks later, a different Redditor signed up for SimCity's closed beta. Even in this limited release, servers were swamped and EA's infrastructure couldn't handle the traffic, something that didn't bode well for the massive amount of players looking forward to playing the full version when it finally launched. The Redditor <a href="http://www.techdirt.com/articles/20130127/19023721799/redditor-points-out-flaws-simcitys-online-only-drm-gets-banned-ea-his-troubles.shtml" target="_blank">pointed this out</a> to EA in a lengthy, well-worded forum post that cited previous issues with other online-only game launches that had gone horribly.
<br /><br />
This brings us up to date and, now, SimCity has finally been released. One eager SimCity fan (and Redditor), who pre-ordered the game. <a href="http://www.reddit.com/r/Games/comments/19p4ks/thought_id_play_a_bit_more_simcity_before_bed/" target="_blank">thought he'd put a little playtime in before bed, and ran head on into this dialog box</a>:
<br />
<center><img alt="" src="http://i.imgur.com/yj8h0DJ.jpg" style="width: 500px; height: 320px;" /></center>
<br />
So, the reality is even worse than previously indicated. Not only are your saved games server-side only and an internet connection required to simply fire up the game, but <i>every</i> game is "multiplayer," whether you're interested in playing socially or not, and <i>every</i> game requires an open server slot.
<br /><br />
As the Redditor points out, this simply isn't an acceptable situation:
<blockquote>
<i>I figured from everything I'd read that the always-on part of the game simply required an internet connection, not a slot on a server like I'm about to PvP or something. I'd be more understanding if I could just play my private region by myself like I intended.</i></blockquote>
While many people were aware of the online-only requirement, this aspect of the game seems to have been completely underplayed. Why should a paying customer be forced to wait in line for an open server slot? This is a much more onerous requirement than simply requiring an online connection to verify software authenticity. Sure, it's meant to be a social game where people can visit the cities of others, but there should be <i>some</i> option for those wanting to play a "private" game.
<br /><br />
EA had to have some idea of how much its servers were going be hammered after the issues it experienced during the closed beta. No one's expecting launch day to go flawlessly, but if you're going to require an internet connection that's reliant on open slots on regional servers, you are going to make <i>paying customers</i> very angry. Many of the people experiencing these problems paid for this game weeks or months ago and are having their loyalty rewarded with half-hour waits to spin the wheel on <i>possibly</i> accessing an open slot.
<br /><br />
Not only are paying customers being locked out of playing the game they purchased, but other purchasers are still waiting for their downloads to complete or have their purchases authenticated and unlocked. The authentication servers are being hammered so badly that, <a href="https://www.youtube.com/watch?feature=player_detailpage&#038;v=RUl_Cj2_KWU#t=196s" target="_blank">according to TotalBiscuit's "review" video</a>, people with pre-orders are purchasing second copies because these new purchases are unlocking immediately, while authentification of their pre-ordered copies is still seriously delayed.
<br /><br />
Now, some people may ask, after viewing this dialog box, "Why not just play on another server with more open slots?" Well, therein lies another piece of bad news for SimCity players. Should you have actually managed to get online and start a city, you'll be exceedingly disappointed (and possibly homicidal) to discover that saved games <i>DO NOT</i> transfer between servers.
<br /><br />
This all adds up to another spectacular DRM failure. When discussing piracy, game companies like to point out that a majority of their sales occur shortly after release, making these first few weeks critical to the success of the title. This critical sales period is used to justify DRM measures because, while every piece of software will eventually be cracked, anything that delays this inevitability results in a few more sales.
<br /><br />
Sadly though, this same crucial sales period is when EA will be punishing its <i>paying</i> customers the most. By refusing to allow single players to start private, unconnected games (in case of a lost or unavailable connection), it's now racing around putting out server fires. Using the launch day traffic surge as an excuse for unplayable/unauthenticated purchases is not acceptable. EA <i>knew </i>the game would be popular. It even had advance warning thanks to the large number of pre-orders. But it's kind of hard to teach a company a lesson about DRM hurting paying customers when it already has their money.
<br /><br />
For EA, this works out nearly perfectly. Sure, it's probably not evil enough to want players locked out for hours on end, but it probably considers these "hiccups" a small price to pay to keep piracy to a (temporary) minimum. Of course, considering someone else (the customer) is actually paying that price, it's really not sacrificing anything at all.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130305/14551022206/launch-day-punishment-simcitys-online-only-drm-locking-purchasers-out-servers-purchases.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130305/14551022206/launch-day-punishment-simcitys-online-only-drm-locking-purchasers-out-servers-purchases.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130305/14551022206/launch-day-punishment-simcitys-online-only-drm-locking-purchasers-out-servers-purchases.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>look-at-all-these-pirates-it's-hurting!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130305/14551022206</wfw:commentRss>
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<pubDate>Mon, 15 Aug 2011 06:31:26 PDT</pubDate>
<title>Chinese Gaming Company Recognizes That 'Pirates' Are Underserved Customers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110809/04112515450/chinese-gaming-company-recognizes-that-pirates-are-underserved-customers.shtml</link>
<guid>http://www.techdirt.com/articles/20110809/04112515450/chinese-gaming-company-recognizes-that-pirates-are-underserved-customers.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=jjnonken">Jeffrey Nonken</a> points us to the news of how Chinese online gaming firm Shanda seems to have grasped some of the idea that <a href="http://blogs.wsj.com/chinarealtime/2011/08/05/shanda-co-opting-china%E2%80%99s-online-game-pirates/?mod=WSJBlog&#038;mod=chinablog" target="_blank">so-called "pirates" are really just underserved customers</a>.  While the company still seeks to shut down private servers for its games, it will sometimes try to attract the users of the unauthorized server, sometimes by getting whoever ran it to help:
<blockquote><i>
Shanda will set up its own server in the same geographical area in hopes of luring the private server&rsquo;s users over to a legitimate Shanda game. Shanda may even rope the operator of the former private server into helping promote the licensed game.
</i></blockquote>
Separately, in recognizing that sometimes the reasons why such unauthorized servers are put up is because users don't like particular restrictions on a game, Shanda is apparently looking to develop more flexible games that will allow players to have more choices within the official version:
<blockquote><i>
The other prong of Shanda&rsquo;s strategy against private servers acknowledges user demand for the sort of games they offer&mdash;where the rules can be changed and players can level up without weeks of effort.
<br /><br />
For example, Shanda is developing a game platform called World Zero that will allow users to create their own game world and modify its rules, Tan said. A partner is also developing a game called &ldquo;Jue Zhan Shuang Cheng&rdquo; (roughly: &ldquo;Decisive Battle of the Two Cities&rdquo;) that imitates private server rules&mdash;allowing users to level up very quickly and engage in battles against other powered-up characters.
</i></blockquote>
It's certainly not a full embrace of what users are doing, but it's a recognition that the folks involved are not just "dirty stinking pirates who want everything for free," but rather <a href="http://www.techdirt.com/articles/20090118/1653083452.shtml">underserved customers</a> who are really performing a type of <a href="http://www.techdirt.com/articles/20091210/0530007290.shtml">free market research</a>.<br /><br /><a href="http://www.techdirt.com/articles/20110809/04112515450/chinese-gaming-company-recognizes-that-pirates-are-underserved-customers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110809/04112515450/chinese-gaming-company-recognizes-that-pirates-are-underserved-customers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110809/04112515450/chinese-gaming-company-recognizes-that-pirates-are-underserved-customers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>grasping-the-basics</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110809/04112515450</wfw:commentRss>
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<item>
<pubDate>Mon, 25 Apr 2011 14:21:07 PDT</pubDate>
<title>Righthaven Demands Servers Of Website Sued, Even After Court Rejects Demands For Domain</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110423/01372714015/righthaven-demands-servers-website-sued-even-after-court-rejects-demands-domain.shtml</link>
<guid>http://www.techdirt.com/articles/20110423/01372714015/righthaven-demands-servers-website-sued-even-after-court-rejects-demands-domain.shtml</guid>
<description><![CDATA[ Righthaven has faced a big series of setbacks in a bunch of its cases lately, and yet it seems to continue to push forward, whistling along as if nothing bad has happened.  You may recall that a court has <a href="http://www.techdirt.com/articles/20110417/22031413928/another-loss-righthaven-court-explains-that-its-demand-domain-names-is-silly.shtml">laughed off</a> its attempt to be given the domain name of one of the sites it sued.  The court pointed out that there is no such remedy for copyright violations.  No matter for the lawyers at Righthaven, however.  Just days later it filed a new lawsuit that doesn't just demand forfeiture of the domain name, <a href="https://www.eff.org/deeplinks/2011/04/righthaven-defies-court-ignores-domain-name-ruling" target="_blank">but also the website's hardware and software</a>:
<blockquote><i>
Order the surrender to Righthaven of all hardware, software, electronic media and domains, including the Domain used to store, disseminate and display the unauthorized versions of any and all copyrighted works as provided for under 17 U.S.C. &sect; 505(b) and/or as authorized by Federal Rule of Civil Procedure 64
</i></blockquote>
The EFF nicely debunks both the "laws" cited by Righthaven here, including pointing out that section 505 doesn't even have a section (b) and is about attorney's fees:
<blockquote><i>
Not only has the domain name claim been specifically and completely rejected by that very court, but Righthaven's new citations do nothing to help its claim.  As an initial matter, <a href="http://www.law.cornell.edu/uscode/17/505.html">Section 505</a> does not have a subsection (b), and concerns attorneys' fees, not the surrender of domains and hardware.  While Righthaven probably meant to cite to some other section and was simply sloppy in the drafting, no section of the Copyright Act will help them.  Indeed, Righthaven has already "<a href="http://www.eff.org/files/filenode/righthaven_v_dib/RH-ResponseDiBiaseMTD.pdf">concede[d]</a> that such relief is not authorized under the Copyright Act."
<br /><br />
Nor is the citation to <a href="http://www.law.cornell.edu/rules/frcp/Rule64.htm">Rule 64</a> going to help Righthaven.  This is the same argument it raised in <a href="http://www.eff.org/cases/righthaven-v-dibiase">Righthaven v. DiBiase</a>, and which the court flatly rejected.  Indeed, the argument was silly to begin with, since Rule 64 concerns state law remedies and copyright is a federal law.
</i></blockquote>
All of this kind of makes you wonder what's going on at Righthaven...<br /><br /><a href="http://www.techdirt.com/articles/20110423/01372714015/righthaven-demands-servers-website-sued-even-after-court-rejects-demands-domain.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110423/01372714015/righthaven-demands-servers-website-sued-even-after-court-rejects-demands-domain.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110423/01372714015/righthaven-demands-servers-website-sued-even-after-court-rejects-demands-domain.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>are-you-joking?</slash:department>
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<pubDate>Tue, 1 Mar 2011 06:18:59 PST</pubDate>
<title>Dutch Anti-Piracy Group May Face Legal Charges For Stealing Servers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110226/14381113283/dutch-anti-piracy-group-may-face-legal-charges-stealing-servers.shtml</link>
<guid>http://www.techdirt.com/articles/20110226/14381113283/dutch-anti-piracy-group-may-face-legal-charges-stealing-servers.shtml</guid>
<description><![CDATA[ We've noted in the past how the very aggressive Dutch anti-piracy group BREIN seems to have a problem with <a href="http://www.techdirt.com/articles/20090904/1833126117.shtml">stealing computers</a>.  The group, which is a private, industry-backed group, seems to fancy itself as some sort of law enforcement adjunct, despite the fact it has no actual legal authority.  This has created problems in the past, when the courts have questioned why the police seemed to <a href="http://www.techdirt.com/articles/20100630/03365310015.shtml">rely</a> solely on BREIN's questionably collected evidence, rather than doing their own investigation.  And some lawsuits have even <a href="http://www.techdirt.com/articles/20101223/17025312404/dutch-court-dismisses-criminal-charges-against-p2p-index-site-noting-law-enforcement-relied-too-much-anti-piracy-group.shtml">been dismissed</a> for relying too much on BREIN's highly questionable evidence.
<br><br>
So, by now, you would think that BREIN would be a bit more careful these days not to pretend it has more legal powers than it does.  However, the group only seems to go further and further.  Last week, it came out that BREIN was able to <a href="http://torrentfreak.com/brein-seizes-warez-servers-owners-seize-them-back-may-sue-110222/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A Torrentfreak %28Torrentfreak%29" target="_blank">"seize" a group of servers from a small South <strike>African</strike> American ISP</a> without any legal basis at all.  It just convinced the data center, WorldStream, to simply hand them over.  The ISP, Alejandra Transporte SA, who has nothing to do with the warez topsite that BREIN insisted were using those servers, was not at all happy and went to court to complain about the fact that a bunch of its servers had been stolen, <a href="http://torrentfreak.com/anti-pirates-stole-kit-hijacked-email-110226/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Torrentfreak+%28Torrentfreak%29&utm_content=Google+Reader" target="_blank">causing massive damages to its business</a>.  The court granted the request to get the servers back from BREIN, but is quite worried that BREIN went through the private contents on some of the servers, completely in violation of privacy laws.
<br><br>
It seems this entire lack of any sort of due process and private industry groups stealing servers and domains with little basis is a growing trend.  It sounds like Alejandra Transporte is considering taking further legal action against both BREIN and WorldStream.  I'm curious if the usual defenders of seizures think that this particular seizure was warranted?<br /><br /><a href="http://www.techdirt.com/articles/20110226/14381113283/dutch-anti-piracy-group-may-face-legal-charges-stealing-servers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110226/14381113283/dutch-anti-piracy-group-may-face-legal-charges-stealing-servers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110226/14381113283/dutch-anti-piracy-group-may-face-legal-charges-stealing-servers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-you-haven't-paid-for-it,-it's-stealing</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110226/14381113283</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 19 Nov 2010 03:33:55 PST</pubDate>
<title>UK Court Says Making Available Online Only Happens Where The Server Is Located</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101118/04573511922/uk-court-says-making-available-online-only-happens-where-the-server-is-located.shtml</link>
<guid>http://www.techdirt.com/articles/20101118/04573511922/uk-court-says-making-available-online-only-happens-where-the-server-is-located.shtml</guid>
<description><![CDATA[ There have been a series of court battles in the US over the question of whether or not simply "making available" constituted copyright infringement.  That is, copyright (in the US) covers a series of <a href="http://www.copyright.gov/title17/92chap1.html#106" target="_blank">specific exclusive rights</a> held by the copyright holder: 
<blockquote><i>
(1) to reproduce the copyrighted work in copies or phonorecords;
<br /><br />
(2) to prepare derivative works based upon the copyrighted work;
<br /><br />
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
<br /><br />
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
<br /><br />
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
<br /><br />
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
</i></blockquote>
So, here's the question that some people asked: if you only make the work available, but there is no evidence that a copy was made, then was the copyright infringed?  After all, no reproduction was made.  No copy was distributed.  So, where's the infringement?  Supporters of saying that merely "making available" is infringing claimed that it was the equivalent of distributing because you had effectively offered it up for distribution or reproduction.
<br /><br />
It appears that over in the UK, they have been having a similar battle.  <a href="https://twitter.com/#!/bnatechlaw/statuses/4920785374289920" target="_blank">Thomas O'Toole</a> points us to a very interesting ruling from the UK High Court saying that <a href="http://mail.twobirds.com/ve/ZZ7291U618171f9185RO4" target="_blank">"making available" can be copyright infringement... but only in the jurisdiction where the server resides</a>.  In this case, it involved database rights over UK football scores and other data.  A German company, aggregating football data, copied some of the data from a UK firm and offered it via their servers in Germany and Austria.  The original creator of the database (in the UK) claimed this was infringing.  The judge felt that, if there was infringement, it happened in Germany and not the UK when it came to the "making available" right:
<blockquote><i>
I have come to the conclusion that the better view is that the act of making available to the public by online transmission is committed and committed only where the transmission takes place. It is true that the placing of data on a server in one state can make the data available to the public of another state but that does not mean that the party who has made the data available has committed the act of making available by transmission in the State of reception. I consider that the better construction of the provisions is that the act only occurs in the state of transmission.
</i></blockquote>
That certainly could have a major impact on other sorts of copyright lawsuits in the UK.  If the content is hosted offshore, then it would suggest that no "making available" claims could be made in the UK.<br /><br /><a href="http://www.techdirt.com/articles/20101118/04573511922/uk-court-says-making-available-online-only-happens-where-the-server-is-located.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101118/04573511922/uk-court-says-making-available-online-only-happens-where-the-server-is-located.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101118/04573511922/uk-court-says-making-available-online-only-happens-where-the-server-is-located.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-may-make-things-interesting</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101118/04573511922</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 16 Aug 2010 13:56:43 PDT</pubDate>
<title>Blizzard Awarded $88M Default Judgment Against Unauthorized World Of Warcraft Host</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100816/02023210629.shtml</link>
<guid>http://www.techdirt.com/articles/20100816/02023210629.shtml</guid>
<description><![CDATA[ <a href="http://games.slashdot.org/story/10/08/15/046250/Blizzard-Sues-Private-Server-Company-Awarded-88M?from=rss&#038;utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A Slashdot%2FslashdotYourRightsOnline %28Slashdot%3A Your Rights Online%29&#038;utm_content=Google Reader" target="_blank">Slashdot</a> points us to the news that Blizzard/Activision have <a href="http://www.geekosystem.com/blizzard-private-server-lawsuit/" target="_blank">won a default judgment</a> against the person behind Scapegaming, which ran an unauthorized World of Warcraft server for profit.  The court ordered the site's owner to pay "$3,053,339 of inappropriate profits, $63,600 of attorney's fees, and $85,478,600 of statutory damages."  The low number for attorney's fees is because it was a default judgment (the server owner basically ignored the lawsuit), so there wasn't much lawyering needed.  The high number for statutory damages are because statutory damages in copyright law are insane and totally disproportionate to the actual acts.
<br /><br />
The case has some similarities with the <a href="http://www.techdirt.com/articles/20050620/090230.shtml">Blizzard/bnetd case</a>, which still seems problematic to many. In the Slashdot comments, a bunch of folks have been quick to side with Blizzard, since Scapegaming was a for-profit entity, but at least one user notes that it was <a href="http://games.slashdot.org/comments.pl?sid=1754698&#038;cid=33255404" target="_blank">only via Scapegaming that he became a subscriber</a> for Blizzard's official World of Warcraft servers:
<blockquote><i>
Played on it a long time ago when it was still known as WoWScape. It was the whole reason I actually started playing on retail, me and a good portion of my friends. Blizzard would have lost out on thousands of dollars from me and my friends if it wasn't for them.... I honestly wonder about how much did Scapegaming make blizzard compared to how much it cost them. Wouldn't be surprised if it did them more good than harm.
</i></blockquote>
It's a good point.  I've never quite understood why these companies get so upset about unauthorized servers.  It's as if they're admitting that they can't offer service quite as good.  Most people want to be on the official servers anyway, and as long as they keep improving the game and offering more value, people will keep coming.  Let other servers run -- even for profit -- and use it as a way to recruit more people to the official servers.  Suing them out of existence seems pointless.<br /><br /><a href="http://www.techdirt.com/articles/20100816/02023210629.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100816/02023210629.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100816/02023210629.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-a-wee-bit-excessive</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100816/02023210629</wfw:commentRss>
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<item>
<pubDate>Wed, 30 Jun 2010 09:50:05 PDT</pubDate>
<title>Microsoft's Comparison To Linux In The Server Market Conveniently Leaves Out Free</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100629/0242169999.shtml</link>
<guid>http://www.techdirt.com/articles/20100629/0242169999.shtml</guid>
<description><![CDATA[ If you get to define a "market" you can create all sorts of misleading results.  Take, for example, this recent blog post from Microsoft, where it tried to <a href="http://blogs.technet.com/b/microsoft_blog/archive/2010/06/25/microsoft-by-the-numbers.aspx" target="_blank">show off just how big the company was</a> using a variety of numbers.  Thankfully, Charles Arthur, over at The Guardian <a href="http://www.guardian.co.uk/technology/blog/2010/jun/28/microsoft-frank-shaw-numbers-analysed" target="_blank">went through the numbers in greater detail</a> to point out where and how they were misleading.  One example, <a href="http://www.computerworlduk.com/community/blogs/index.cfm?blogid=14&#038;entryid=3044" target="_blank">highlighted by Glyn Moody</a> is the claims of Linux server market share, and how it supposedly "failed" to live up to expectations.  Here's what Microsoft had in its blog post (which I recreated by hand, because, as Arthur notes, Microsoft's HTML is full of ridiculous crap):
<blockquote><i>
<b>24%</b><br />
Linux Server market share in 2005. [<a href="http://www.businessweek.com/magazine/content/05_05/b3918001_mz001.htm" target="_blank">source</a>]
<br /><br />
<b>33%</b><br />
Predicted Linux Server market share for 2007 (made in 2005). [<a href="http://www.businessweek.com/magazine/content/05_05/b3918001_mz001.htm" target="_blank">source</a>]
<br /><br />
<b>21.2%</b><br />
Actual Linux Server market share, Q4 2009. [<a href="http://blogs.computerworld.com/15675/idc_windows_dominates_linux_in_servers_not_just_the_desktop" target="_blank">source</a>]
</i></blockquote>
Now, this might strikes some of you as not sounding right.  After all, most of have have noticed that Linux servers seem to be pretty damn common throughout the world.  Most of the biggest online companies in the world use Linux, and it's difficult to think of an online startup that doesn't use Linux.  Charles Arthur breaks down how incredibly misleading this is:
<blockquote><i>
This is a really interesting one, because it is a distortion of reality that would have Steve Jobs applauding at its subtlety. You look at those numbers and think: wow, Linux servers really aren't popular. How odd, because you'll notice that you come across Linux servers all over the place: <a href="http://searchdns.netcraft.com/?host=google.com&#038;x=0&#038;y=0">Google</a>, <a href="http://searchdns.netcraft.com/?host=facebook.com&#038;x=0&#038;y=0">Facebook</a> (which runs <a href="http://en.wikipedia.org/wiki/F5_Networks">F5's Big IP</a>, which is Linux), <a href="http://searchdns.netcraft.com/?host=yahoo.com&#038;x=0&#038;y=0">Yahoo</a>, <a href="http://searchdns.netcraft.com/?host=amazon.com&#038;x=0&#038;y=0">Amazon</a>, <a href="http://searchdns.netcraft.com/?host=wordpress.com&#038;x=0&#038;y=0">Wordpress.com</a> (which hosts millions of blogs), <a href="http://searchdns.netcraft.com/?host=twitter.com&#038;x=0&#038;y=0">Twitter</a>... so why such a small number? (The only major site I could quickly find that runs Windows Server is <a href="http://searchdns.netcraft.com/?host=ebay.com&#038;x=0&#038;y=0">eBay</a>.)
<br /><br />
Answer: because those "market share" figures are for Linux server licences <em>sold</em>. Microsoft doesn't count them - and because the market research companies can't count them - if money doesn't change hands. True, this indicates that companies selling Linux servers (principally hardware) aren't making headway against Windows Server. But what it doesn't tell you is what progress Linux is making overall on the web. For that, you need Netcraft. And that suggests that Linux has a really big market share.
</i></blockquote>
In other words, to make these numbers come out this way, Microsoft is pretending that "free" Linux servers are not competitors.  This is a silly sort of willful blindness.  Obviously, free Linux is a huge competitor to Microsoft's servers, and widely used in place of it.  To ignore those numbers to try to suggest Linux has less marketshare is to deny reality.<br /><br /><a href="http://www.techdirt.com/articles/20100629/0242169999.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100629/0242169999.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100629/0242169999.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let-me-write-the-definitions...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100629/0242169999</wfw:commentRss>
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<pubDate>Mon, 8 Mar 2010 06:12:00 PST</pubDate>
<title>Ubisoft's 'You Must Be Connected To This Server' Annoying DRM Servers Go Down</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100308/0138388459.shtml</link>
<guid>http://www.techdirt.com/articles/20100308/0138388459.shtml</guid>
<description><![CDATA[ Sometimes you have to wonder if folks like Ubisoft, who keep insisting that it needs to use DRM, are just messing with everyone.  As you certainly know, Ubisoft decided to go with some <a href="http://www.techdirt.com/articles/20100127/2100117954.shtml">incredibly annoying DRM</a> for some new games, requiring you to be online <a href="http://www.techdirt.com/articles/20100218/1514238229.shtml">at all times</a>, even for single-player games.  So, what happens?  The servers that you must be connected to <a href="http://www.joystiq.com/2010/03/07/ubisoft-drm-authentification-server-is-down-assassins-creed-2/" target="_blank">crashed, making those games completely unplayable</a> for many, while creating lengthy login delays for others.  That basically makes the game useless for many.  Well, unless you downloaded the <a href="http://www.techdirt.com/articles/20100304/1302148421.shtml">cracked version</a>.  Once again, DRM is shown to harm buyers, but do nothing to stop unauthorized use.<br /><br /><a href="http://www.techdirt.com/articles/20100308/0138388459.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100308/0138388459.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100308/0138388459.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100308/0138388459</wfw:commentRss>
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<item>
<pubDate>Fri, 10 Oct 2008 00:57:48 PDT</pubDate>
<title>Surprise, Surprise: WalMart Changes Its Mind, Keeps DRM Servers Running (For Now)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081010/0020522511.shtml</link>
<guid>http://www.techdirt.com/articles/20081010/0020522511.shtml</guid>
<description><![CDATA[ A couple weeks back, we noted with surprise Wal-Mart's decision to <a href="http://www.techdirt.com/articles/20080929/0004132388.shtml">turn off its DRM servers</a> with little warning.  After all, both <a href="http://techdirt.com/articles/20080724/0341381775.shtml">Yahoo</a> and <a href="http://www.techdirt.com/articles/20080422/234401923.shtml">Microsoft</a> had tried to do the same thing, but eventually backed down in front of rather public backlash from customers.  It's hard to believe that no one in charge of Wal-Mart's music offering was aware of that.  But, still, the company tried to shut down the DRM servers.  And, surprise, surprise, there was widespread backlash.  So, not surprisingly, <a href="http://www.engadget.com/2008/10/10/walmart-has-a-change-of-heart-decides-to-maintain-drm-servers/" target="_new">Wal-Mart has backed down</a> and promised to keep the DRM servers running for the time being.<br /><br /><a href="http://www.techdirt.com/articles/20081010/0020522511.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081010/0020522511.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081010/0020522511.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081010/0020522511</wfw:commentRss>
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<item>
<pubDate>Mon, 29 Sep 2008 06:52:00 PDT</pubDate>
<title>Reason #9,358 For Not Buying DRM'd Music: Wal-Mart Shuts Down DRM Servers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080929/0004132388.shtml</link>
<guid>http://www.techdirt.com/articles/20080929/0004132388.shtml</guid>
<description><![CDATA[ Following the misguided lead of both <a href="http://www.techdirt.com/articles/20080422/234401923.shtml">Microsoft</a> and <a href="http://techdirt.com/articles/20080724/0341381775.shtml">Yahoo</a>, it appears that Wal-Mart has decided to <a href="http://www.boingboing.net/2008/09/26/walmart-shutting-dow.html" target="_new">turn off its DRM servers</a>, basically screwing over anyone who trusted Wal-Mart to make sure that music bought from Wal-Mart would keep working.  What's amazing is that Wal-Mart would do this after seeing the backlash that made both Microsoft and Yahoo eventually <a href="http://techdirt.com/articles/20080619/0907281455.shtml">back down</a> (with Yahoo even going so far as to <a href="http://techdirt.com/articles/20080728/1455551813.shtml">offer refunds</a>).  Wal-Mart, on the other hand, just told people they have a week to burn their music to a CD and re-rip it -- or they lose it entirely.  Obviously, by this point, you should know that buying DRM'd music is a mistake, because you're leaving the music in a situation where the company you bought it from can "turn it off" at some point, but what's more amazing is that Wal-Mart would make the exact same mistake after seeing what happened to both Yahoo and Microsoft.<br /><br /><a href="http://www.techdirt.com/articles/20080929/0004132388.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080929/0004132388.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080929/0004132388.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080929/0004132388</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 19 Jun 2008 10:55:32 PDT</pubDate>
<title>Microsoft Keeps DRM Servers Alive For Now; Won't Screw Over Own Customers For A Few More Years</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080619/0907281455.shtml</link>
<guid>http://www.techdirt.com/articles/20080619/0907281455.shtml</guid>
<description><![CDATA[ For years, we've given examples of how DRM ends up screwing over customers one way or another.  One of the most obvious ways is when that DRM requires files to "check in" over the internet to work, and the company that manages the "check in" server takes it down.  That's what's Microsoft <a href="http://www.techdirt.com/articles/20080422/234401923.shtml">announced</a> it was doing with its incredibly-misnamed "PlaysForSure" DRM servers back in April.  This was, effectively, going back on the terms of the deal they offered to music buyers.  Following the outcry in response, however, it appears that Microsoft has reconsidered, saying that <a href="http://www.boingboing.net/2008/06/19/msn-backs-off-on-pla.html" target="_new">it will keep the servers running at least until 2011</a>.  So for the 35 people or so who bought into the PlaysForSure system, you have another 3 years to find new DRM-free sources of music.<br /><br /><a href="http://www.techdirt.com/articles/20080619/0907281455.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080619/0907281455.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080619/0907281455.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-something</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080619/0907281455</wfw:commentRss>
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