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[IG] Overwatch to Permanently Ban Cheaters On First Offence - Page 20

post #191 of 242
Quote:
Originally Posted by Phaelynar View Post

What? Have you ever played high rated RBG's in WoW? If a team isn't cheating, it's a miracle. Pretty much why I quit.

Cheating in any kind of game is lame, and should be hit with permanent bans if caught.

I'm pretty sure most BGs are just people without proper gear and rotation setups. Also cooperation is a problem, and pre-established teams make a big difference. Also can't ignore that both factions have their weak point depending on what BG it is, like Horde is horrible at AV.
post #192 of 242
Quote:
Originally Posted by Black Magix View Post

That's not true. Their end user license agreement basically says that they own the account and you still have access to the game and it's files, but blizz reserves the right to block you from using their private servers. In return for agreeing with this (Since contract law dictates that contracts won't be one sided) you are provided private servers to enjoy the game on.
Those accounts are being banned as well.

Good luck enforcing that in the court of law. If they block the use of unauthorized servers and only have their own private servers, it's a one way contract, regardless of the wording used considering in this instance, it's a multiplayer only game. Yes, Blizzard owns the account and by the wording of their ToS they can do whatever they want with it. However if they start randomly banning/closing accounts with no reason (though they may have a metric they're not sharing which gives them a reason) after product is purchased...that opens themselves up to legal blowback.

If this went to court, they'd risk setting a dangerous precedent. The trick here is who has the time, patience and money to go toe to toe with a team of corporate lawyers who will tie you up in so much litigation that it'll be years and thousands upon thousands of dollars in legal fees before you even see the inside of a courtroom? Not the average gamer. And that in a nutshell is why illegal ToS get away being being illegal. People who have the money to fight have better things to do with their time. Like make said money.
Quote:
Originally Posted by Brimlock View Post

This statement has been proven to not be true. Blizzard will not lose legal rights on their property because they don't enforce their own legal terms. There are dozens if not hundreds of private servers running WoW illegally and blizzard isn't actively making legal moves against them. The server you're talking about was a well known popular vanilla server that Blizzard likely saw as competition for their own title and used the excuse of the rights of their product to defend their actions because lets be honest, even people who didn't play on the server didn't take the action favorably.

If Blizzard was going to lose its rights for copyright infringement then it should of happened a long time ago because there have been and always will be people violating the copyright laws.

http://arstechnica.com/gaming/2016/04/blizzard-allowing-pirate-wow-servers-would-damage-our-rights/

That article will better explain my argument.

"Why not just let Nostalrius continue the way it was? The honest answer is, failure to protect against intellectual property infringement would damage Blizzard’s rights," World of Warcraft Executive Producer and Vice President J. Allen Brack writes in a post on the official WoW forums.

I'm going to take the executive producer's word over an article that specifically says "in the narrowest sense" when commenting on how it wouldn't damage the ability to protect their IP from unauthorized servers.
Edited by DIYDeath - 6/2/16 at 1:43pm
post #193 of 242
Quote:
Originally Posted by DIYDeath View Post

Good luck enforcing that in the court of law. If they block the use of unauthorized servers and only have their own private servers, it's a one way contract, regardless of the wording used considering in this instance, it's a multiplayer only game.
"Why not just let Nostalrius continue the way it was? The honest answer is, failure to protect against intellectual property infringement would damage Blizzard’s rights," World of Warcraft Executive Producer and Vice President J. Allen Brack writes in a post on the official WoW forums.

I'm going to take the executive producer's word over an article that specifically says "in the narrowest sense" when commenting on how it wouldn't damage the ability to protect their IP from unauthorized servers.

So you're going to just ignore the fact that there has been illegal servers for years that has had no effect on Blizzards copyright?

Here's your law on copyright

Myth #11: If I don’t defend my copyright I may lose it

False. Copyright protection is effectively never lost, unless explicitly given away or the copyright has expired. However, if you do not actively defend your copyright, there may be broader unauthorized uses than you would like. It is a good idea to pursue enforcement actions as soon as you discover misuse of your copyright protected material.

and the article that goes along with it.

http://sites.lib.byu.edu/copyright/about-copyright/basics/

It has nothing to do with losing the right to their copyright protection and if you're as smart as you seem you should be able to figure out that what blizzard says and what happens in real life don't make sense together. That statement makes any pirated property void of copyright if that statement were true, since pretty much anyone with digital property is failing to protect it entirely.
Edited by Brimlock - 6/2/16 at 1:47pm
post #194 of 242
Quote:
Originally Posted by DIYDeath View Post

Good luck enforcing that in the court of law. If they block the use of unauthorized servers and only have their own private servers, it's a one way contract, regardless of the wording used considering in this instance, it's a multiplayer only game.

1) Good luck getting Blizzard into a court of law. It'll cost you much more in legal fees and litigation than a 60 dollar game.

2) You're discussing a 3rd party private server which doesn't come into effect in the two party contract you made with blizzard. You agreed to a eula which is a 2 way street between you and blizzard. End of discussion. A 3rd party server falls outside of the bounds of the eula and thus Blizzard's eula doesn't have jurisdiction (BIG IMPORTANT PART HERE) as far as you and Blizzard are concerned. Blizzard will actively pursue third party servers but in no way are they preventing you from accessing them by modifying you're own game files. They are not threatening punishment for accessing those servers either. Blizzard's actions or inactions to third party servers are between blizzard and them and not you.
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post #195 of 242
Quote:
Originally Posted by Brimlock View Post

So you're going to just ignore the fact that there has been illegal servers for years that has had no effect on Blizzards copyright?

That's where the "in the narrowest sense" comment comes from. Does HBO weaken it's ability to send out cease and desist orders to people downloading Game of Thrones by not sending them out to every last pirate, given the numerous torrents for such a thing? No.

Do they weaken their control over the IP if they fail to peruse legal action of a entity/person who leaks the 1st 5 episodes of the season before the airing date? That can be argued.
post #196 of 242
Quote:
Originally Posted by DIYDeath View Post

That's where the "in the narrowest sense" comment comes from. Does HBO weaken it's ability to send out cease and desist orders to people downloading Game of Thrones by not sending them out to every last pirate, given the numerous torrents for such a thing? No.

Do they weaken their control over the IP if they fail to peruse legal action of a entity/person who leaks the 1st 5 episodes of the season before the airing date? That can be argued.

They don't, you don't lose anything just because piracy is rampant. That's ignorant thinking based in a present myth. Copyright protection is basically a paid for service that allows the owner to pursue legal actions against such people that are breaking the copyright. That's the whole point. Do you have any idea how much time and money it would cost any company to pursue and sue every individual person who broke their copyright?
post #197 of 242
Here's another site that properly explains how copyright works.

http://www.hypergridbusiness.com/2011/08/how-to-lose-your-copyright-in-three-easy-steps/

Don't just take what a CEO says without a grain of salt. That's just ignorance. I have more sites with the exact same information if you'd like me to continue. As I said before, Blizzard likely used the statement as a means to defend their action against the fact that people did not see it as a reasonable action, just like the first article I linked stated. The only thing Blizzard is losing is the respect of ownership for their title by allowing people to play their property for free, while dedicated players are paying a monthly fee.
Edited by Brimlock - 6/2/16 at 1:55pm
post #198 of 242
Quote:
Originally Posted by Black Magix View Post

1) Good luck getting Blizzard into a court of law. It'll cost you much more in legal fees and litigation than a 60 dollar game.

2) You're discussing a 3rd party private server which doesn't come into effect in the two party contract you made with blizzard. You agreed to a eula which is a 2 way street between you and blizzard. End of discussion. A 3rd party server falls outside of the bounds of the eula and thus Blizzard's eula doesn't have jurisdiction (BIG IMPORTANT PART HERE) as far as you and Blizzard are concerned. Blizzard will actively pursue third party servers but in no way are they preventing you from accessing them by modifying you're own game files. They are not threatening punishment for accessing those servers either. Blizzard's actions or inactions to third party servers are between blizzard and them and not you.

1) Exactly why a lot of the digital world nonsense skates by. People who have the funds to engage Blizzard in a legal battle have better things to do with their time and money than argue over video game rights. If the average person tried, Blizzard would slap them around with so much costly litigation that they'd go bankrupt just by trying.

2) You are right there in the sense that it's outside of the EULA, however when a 3rd party server is not allowed, it makes the contract one sided.

Step 1, present ToS/EULA that say you are "renting" the game.
Step 1a, say that you are given access to private servers in exchange for the account
Step 2 prevent 3rd party/unauthorized servers, which in turn takes a otherwise reasonable and double-sided step 1a and makes it one sided due to the multiplayer only content.

By removing the option for alternate servers you could argue that the EULA/ToS is invalid/not enforceable. But that loops back into 1). It's a steel trap meant to shut down the average person who could never, ever take this to court.

There's an argument to be made regarding this and a precedent that could be set. Good luck getting to that stage though.
post #199 of 242
Quote:
Originally Posted by Brimlock View Post

They don't, you don't lose anything just because piracy is rampant. That's ignorant thinking based in a present myth. Copyright protection is basically a paid for service that allows the owner to pursue legal actions against such people that are breaking the copyright. That's the whole point. Do you have any idea how much time and money it would cost any company to pursue and sue every individual person who broke their copyright?

I already addressed this in my example.

"Does HBO weaken it's ability to send out cease and desist orders to people downloading Game of Thrones by not sending them out to every last pirate, given the numerous torrents for such a thing? No."
post #200 of 242
Quote:
Originally Posted by DIYDeath View Post

I already addressed this in my example.

"Does HBO weaken it's ability to send out cease and desist orders to people downloading Game of Thrones by not sending them out to every last pirate, given the numerous torrents for such a thing? No."

You're going against your own argument then. This is the exact opposite of what Blizzard used to defend their actions. I'm not attacking Blizzards actions, I'm attacking the reasoning they gave. Because as a CEO, he should of known the legality of copyright law, and if he did then he is purposefully misleading people with misinformation and you fell right into it.
Edited by Brimlock - 6/2/16 at 2:01pm
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