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Blizzard sues Starcraft II hackers - Page 5

Forum Index > SC2 General
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VonLego
Profile Joined June 2010
United States519 Posts
October 16 2010 05:54 GMT
#81
Hackers directly damage the intellectual property of game creators in turn lowering their value, lowering profit, lowering the benefit of creating great games, and the end result is less great games.

I'll never touch a CoD game again, and it is directly because of hackers. The company has lost hundreds of dollars from my family alone. How is that not damaging to the company?

Aoi_10
Profile Joined October 2010
United States155 Posts
October 16 2010 05:57 GMT
#82
On October 16 2010 14:43 cucumber wrote:
Show nested quote +
On October 16 2010 14:35 Aoi_10 wrote:
Starcraft-loving litigator here. Just to throw a few things out there:

1) It's not a question of a Los Angeles court having jurisdiction over a foreign country; it's a matter of whether a federal court sitting in California has jurisdiction over the defendants. That's a bit of a technical legal question to which I'm guessing, without having seen this complaint or knowing many of the facts, that the answer is yes (probably a consent to jurisdiction in that shrinkwrap somewhere). The more interesting question is whether Blizzard could collect on any judgment, and unless the defendants own property in the US, they might not be able to.


CA IP lawyer here. There's a line of CA cases saying those clauses are usually unenforceable. The TOS/EULA/contract is superseded by CA law, which requires certain things for jurisdiction (eg, enough of the nucleus of facts happening in CA), no matter what the agreement purports to say. You'll see more sophisticated CA law firms using language like "the parties submit to jurisdiction in [CA county or whatever], where [enough of the stuff went down (i forget the standard offhand)]."

If the federal court applies CA law to the non-federally preempted bits of the TOS, that LA language will probably be ignored. If the federal court applies its own law, I don't know enough facts to predict the outcome.


CA securities litigator here, so I'll certainly defer on particular IP laws. But are you sure you're not thinking of arbitration agreements?

As to personal jurisdiction, I'm pretty sure that California's long-arm statute permits exercise of personal jurisdiction to the extent constitutionally permissible. Which means that a federal court sitting in California would be able to do the same.
Comeh
Profile Blog Joined July 2008
United States18919 Posts
October 16 2010 05:59 GMT
#83
I'm not sure how far this will go in courts, but i love this.
At least create the disincentive for these guys to continue making cheats.
ヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノDELETE ICEFROGヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(⌐■_■)ノヽ(
Damnesiac
Profile Joined August 2010
United States53 Posts
October 16 2010 06:02 GMT
#84
On October 16 2010 14:04 ooni wrote:
Show nested quote +
On October 16 2010 13:50 Damnesiac wrote:
REALLY REALLY hate the direction intellectual property and copyright law is headed in the US. Just because you used their product to get money doesn't make that your money *KeSPA nods* If so the creators of programming languages would be the richest people on the planet

Errr what?
Just because you used their product to get money doesn't make that your money *KeSPA nods*

Software works like this, you are paying for the right to use the software. Because you are just using a software that another company owns, you have restrictions. For example Microsoft Office costs a lot more than video games or some other software partially because the extend of the right when using the licence. (i.e. you can sell stuff with what you made on MS Office like writing or excel sheet of something; in addition commercial versions are much more expansive).
You do not own any software you buy, you just gain a license to use it. With the KeSPA's case it's a lot more complex as Blizzard allowed KeSPA to use SC for a very long time. So Blizzard may have implied agreement with KeSPA, free advertising for Blizzard <=> advertising dollars produced by x Company. This is why Blizzard is being hesitant (to take KeSPA to court).
There is no direction or sides 'the law' likes to take, it is just balance of reasonableness and personal rights. If that is the wrong direction to take, everything about law in any country should be considered being wrong.

I understand the purpose of it but the court rules how much belongs to which side. If you look at the current policy of the US and other countries the decisions are way different. The laws state somewhat similar things but paradigm is almost backwards here.
AmaZing
Profile Blog Joined March 2010
Nepal299 Posts
Last Edited: 2010-10-16 06:02:42
October 16 2010 06:02 GMT
#85
Can blizzard take action agaisnt Peruvian users/Hackers?
ಠ_ಠ
TheDna
Profile Joined March 2010
Germany577 Posts
October 16 2010 06:02 GMT
#86
Would be cool if they would actually go after the people using the cheats as well. Being banned is NOT enough these days.. Most of them dont care anyways and just buy another game.
PuercoPop
Profile Blog Joined December 2009
Peru277 Posts
October 16 2010 06:04 GMT
#87
You would be surprised. If Blizzard plays the media right here they won't even have to get an extradition, our president is capable of expelling him out of the country to 'attract' private investment. Our Government is so Pro Foreign Powers its not even funny anymore. Anyway they don't even sell the game here, just rent it. I had to get mine through digital download.
The Proof of the Pudding is in the eating!
monterto
Profile Joined June 2010
Canada103 Posts
October 16 2010 06:06 GMT
#88
Man, blizzard is awesome when they want to be.
I'm pretty much Hyuk but white...
Keilah
Profile Joined May 2010
731 Posts
October 16 2010 06:14 GMT
#89
IMO hackers are irritating scumbags with nothing better to do than ruin the enjoyment of other people.

That said, I don't like the feel of a company taking legal action against a hacker.

And THAT said, these particular hackers totally crossed the line when they decided to sell their hack.

I'd just hate to see something like ICCup or Penguin Launcher result in Blizzard suing the makers.
cucumber
Profile Joined June 2010
United States116 Posts
October 16 2010 06:15 GMT
#90
On October 16 2010 14:57 Aoi_10 wrote:
Show nested quote +
On October 16 2010 14:43 cucumber wrote:
On October 16 2010 14:35 Aoi_10 wrote:
Starcraft-loving litigator here. Just to throw a few things out there:

1) It's not a question of a Los Angeles court having jurisdiction over a foreign country; it's a matter of whether a federal court sitting in California has jurisdiction over the defendants. That's a bit of a technical legal question to which I'm guessing, without having seen this complaint or knowing many of the facts, that the answer is yes (probably a consent to jurisdiction in that shrinkwrap somewhere). The more interesting question is whether Blizzard could collect on any judgment, and unless the defendants own property in the US, they might not be able to.


CA IP lawyer here. There's a line of CA cases saying those clauses are usually unenforceable. The TOS/EULA/contract is superseded by CA law, which requires certain things for jurisdiction (eg, enough of the nucleus of facts happening in CA), no matter what the agreement purports to say. You'll see more sophisticated CA law firms using language like "the parties submit to jurisdiction in [CA county or whatever], where [enough of the stuff went down (i forget the standard offhand)]."

If the federal court applies CA law to the non-federally preempted bits of the TOS, that LA language will probably be ignored. If the federal court applies its own law, I don't know enough facts to predict the outcome.


CA securities litigator here, so I'll certainly defer on particular IP laws. But are you sure you're not thinking of arbitration agreements?

As to personal jurisdiction, I'm pretty sure that California's long-arm statute permits exercise of personal jurisdiction to the extent constitutionally permissible. Which means that a federal court sitting in California would be able to do the same.


You're totally correct about the long-arm statute and I agree.

All I'm saying is that there's a line of CA state law cases saying that contracts that say "jurisdiction will be proper in CA" may not be enforceable if an insufficient amount of activity took place in CA, irrespective of the long-arm (or dependent on the long-arm, depending on how you look at it). So, the contract language is saying "CA is proper, bitch" is limited to "CA is proper if it's ok by CA law"... (consistent with CAs broad long-arm). Sop you can't just take the K language on its face. That's all I'm saying.
setzer
Profile Joined March 2010
United States3284 Posts
October 16 2010 06:18 GMT
#91
So when is Blizzard going to take action against Frost/Allah? What he does to bnet is far more reprehensible than what these people are distributing.
LoLAdriankat
Profile Blog Joined August 2010
United States4307 Posts
October 16 2010 06:20 GMT
#92
The money spent on the lawyers could've been spent on patching out the loopholes, which would make Blizzard look less like assholes.
setzer
Profile Joined March 2010
United States3284 Posts
October 16 2010 06:21 GMT
#93
On October 16 2010 15:20 LoLAdriankat wrote:
The money spent on the lawyers could've been spent on patching out the loopholes, which would make Blizzard look less like assholes.


In the past that was Blizzard's approach. Just patch and forget. Two weeks later new drop/crash hacks would surface making bnet unplayable for bw/wc3.
Vexx
Profile Blog Joined March 2010
United States462 Posts
October 16 2010 06:24 GMT
#94
Nothing at all will come of this for these individuals. At best, I would chalk this up to Blizzard trying to put on a show.

There's nothing stopping hackers in countries with minimal IP laws from doing what they want (see Russia for example).

Who knows? Maybe this will deter small time hackers from publicizing their work. Otherwise, blizz would have been better served by making their games less hackable.
I am not nice.
LoLAdriankat
Profile Blog Joined August 2010
United States4307 Posts
October 16 2010 06:27 GMT
#95
On October 16 2010 15:21 setzer wrote:
Show nested quote +
On October 16 2010 15:20 LoLAdriankat wrote:
The money spent on the lawyers could've been spent on patching out the loopholes, which would make Blizzard look less like assholes.


In the past that was Blizzard's approach. Just patch and forget. Two weeks later new drop/crash hacks would surface making bnet unplayable for bw/wc3.

You're right. I guess people selling their hacks for Starcraft 2 was the last straw for Blizzard, and since they have a shit ton of money (thanks to WoW), they're more than willing to take legal action.
Vexx
Profile Blog Joined March 2010
United States462 Posts
Last Edited: 2010-10-16 06:30:20
October 16 2010 06:29 GMT
#96
On October 16 2010 15:21 setzer wrote:
Show nested quote +
On October 16 2010 15:20 LoLAdriankat wrote:
The money spent on the lawyers could've been spent on patching out the loopholes, which would make Blizzard look less like assholes.


In the past that was Blizzard's approach. Just patch and forget. Two weeks later new drop/crash hacks would surface making bnet unplayable for bw/wc3.


Please. Blizzard has NEVER given a shit about fighting hacks. Have you seen diablo 2 in the last billion years? Even WC3 has had it bad. Invincibility hacks that aren't patched for 6-8 months or worse.

Blizzard does many things right with their games but anti-hack is not one of them. Every single one of their titles is riddled with hacks. BW, WC3, D2, WoW. SC2 has had working maphacks since early beta.

Their policy towards hacking might as well be "fire and forget". Just launch the title and let it rot on its own.
I am not nice.
Skullflower
Profile Joined July 2010
United States3779 Posts
October 16 2010 06:30 GMT
#97
On October 16 2010 15:20 LoLAdriankat wrote:
The money spent on the lawyers could've been spent on patching out the loopholes, which would make Blizzard look less like assholes.


I'm sure Activision has in-house lawyers so that doesn't really matter.
The ruminations are mine, let the world be yours.
Zegu
Profile Joined August 2010
Canada52 Posts
October 16 2010 06:31 GMT
#98
this is absolutely awesome news, keep it up blizz!
.Aar
Profile Joined September 2010
2177 Posts
October 16 2010 06:34 GMT
#99
On October 16 2010 15:24 Vexx wrote:
Nothing at all will come of this for these individuals. At best, I would chalk this up to Blizzard trying to put on a show.

There's nothing stopping hackers in countries with minimal IP laws from doing what they want (see Russia for example).

Who knows? Maybe this will deter small time hackers from publicizing their work. Otherwise, blizz would have been better served by making their games less hackable.


It's the last part. The fact that Blizzard is seriously willing to take action would scare most people off.
now run into the setting sun, and suffer, but don't mess up your hair.
setzer
Profile Joined March 2010
United States3284 Posts
October 16 2010 06:39 GMT
#100
On October 16 2010 15:29 Vexx wrote:
Show nested quote +
On October 16 2010 15:21 setzer wrote:
On October 16 2010 15:20 LoLAdriankat wrote:
The money spent on the lawyers could've been spent on patching out the loopholes, which would make Blizzard look less like assholes.


In the past that was Blizzard's approach. Just patch and forget. Two weeks later new drop/crash hacks would surface making bnet unplayable for bw/wc3.


Please. Blizzard has NEVER given a shit about fighting hacks. Have you seen diablo 2 in the last billion years? Even WC3 has had it bad. Invincibility hacks that aren't patched for 6-8 months or worse.

Blizzard does many things right with their games but anti-hack is not one of them. Every single one of their titles is riddled with hacks. BW, WC3, D2, WoW. SC2 has had working maphacks since early beta.

Their policy towards hacking might as well be "fire and forget". Just launch the title and let it rot on its own.


You're exactly right. One of the biggest flaws of Blizzard has always been their inability to deal with hacks on a timely manner. Dating even back to when I first played Diablo 15 years ago I remember when the game was basically who had the better hack program.

Still, I remember when 1.10 came out for D2 and almost all hacks were gone for a period of time. Of course they always returned, and Blizzard did nothing about them. The same is for virtually all of their games, "patch and forget."

The action Blizzard is taking a breath of fresh air in their attempt to combat the rampant use of hacks in their two largest games. I just wish this was started 5 years ago. What still troubles me is Blizzard will likely do nothing to improve the quality of their older games. As I said in a previous post, people like Frost/Allah do far more reprehensible things to Blizzard's online server with no action taken to stop him.
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