Tilted Forum Project Discussion Community - View Single Post - What kind of legal precedent does the Blizzard/MDY case threaten us with?

Martian · 05-09-2008, 10:26 PM

Nowhere particularly meaningful, so far as I can tell.

TDY's case is that they didn't infringe copyright. This stands on the basis that programs which alter the intended use of the game are not infringing copyright, even if they are infringing ToS. In other words, TDY says this is a contractual thing and not a copyright thing.

Blizzard argues that based on precedent the copy in RAM exists as a second copy for the purposes of copyright infringement. I think this is what you're getting worked up about; the thing is though, so long as the user does not violate the ToS that copy is within the scope of the license. So Blizzard says that if you break ToS you break copyright.

Setting aside for the moment that one of these cases has absolutely no merit (can you tell which?), there is nobody is arguing that the copy of software itself is copyright infringement. That'd be asinine. So here I sit, using Mozilla Firefox within the scope of the ToS. There is absolutely no way to argue legally that I've committed copyright infringement, because I'm still within the scope of licensed use.

If Blizzard wins on this charge, it means that breaking your ToS will constitute copyright infringement rather than contract violation. To the end user this ends up being a totally semantic difference. No doom, no gloom.

05-09-2008, 10:26 PM	#4 (permalink)
Martian Young Crumudgeon Location: Canada	Nowhere particularly meaningful, so far as I can tell. TDY's case is that they didn't infringe copyright. This stands on the basis that programs which alter the intended use of the game are not infringing copyright, even if they are infringing ToS. In other words, TDY says this is a contractual thing and not a copyright thing. Blizzard argues that based on precedent the copy in RAM exists as a second copy for the purposes of copyright infringement. I think this is what you're getting worked up about; the thing is though, so long as the user does not violate the ToS that copy is within the scope of the license. So Blizzard says that if you break ToS you break copyright. Setting aside for the moment that one of these cases has absolutely no merit (can you tell which?), there is nobody is arguing that the copy of software itself is copyright infringement. That'd be asinine. So here I sit, using Mozilla Firefox within the scope of the ToS. There is absolutely no way to argue legally that I've committed copyright infringement, because I'm still within the scope of licensed use. If Blizzard wins on this charge, it means that breaking your ToS will constitute copyright infringement rather than contract violation. To the end user this ends up being a totally semantic difference. No doom, no gloom. __________________ I wake up in the morning more tired than before I slept I get through cryin' and I'm sadder than before I wept I get through thinkin' now, and the thoughts have left my head I get through speakin' and I can't remember, not a word that I said - Ben Harper, Show Me A Little Shame Last edited by Martian; 05-09-2008 at 11:06 PM..