MDY Industries, the creators of WoW Glider, a third-party software that lets you run World of Warcraft on autopilot, are suing Blizzard in order to assert their right to distribute the software.According to the lawsuit, three gentleman representing Blizzard and parent company Vivendi came to the house of one of the MDY employees with a briefcase that allegedly contained the draft of a formal complaint. Blizzard believes WoW Glider violates their terms of service (it does) and the Digital Millennium Copyright Act (DMCA). MDY Industries is seeking legal right to distribute their software and any monetary supplement decided by the court.
In letting you run your avatar on autopilot, WoW Glider is a tool helpful for farming gold and building experience. It works without any hacks, simply automating the same mouse clicks and keyboard inputs that you would do there. Does it nullify the ultimate point of experiencing the game? Yes. Does it assist cheaters? Absolutely. Is it wrong to create and sell a product that helps cheating? That remains to be seen.
[Via WOW Insider]
Download (Full text of complaint, .pdf file)













(Page 1) Reader Comments
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If you've played WoW, you know this comment is bogus:
"Does it nullify the ultimate point of experiencing the game? Yes."
People level a character and try to get into endgame. No one wants to level 1-60 again, because the toon is USELESS and NO LONGER FUN TO PLAY to the majority of us for 59 of those 60 levels. Glider wouldn't exist if Blizzard's game didn't create a demand for it.
In many ways the game is a work of genius, and I really enjoy raiding with my guild, but WoW lacks a lot of what role playing games were built on (the potential for creativity and customization, truly unique experiences, that kinda thing). Maybe people would be more open to reliving the 1-60 journey if Blizzard took this into consideration.
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No, the 3 bliz reps didn't go to the house and say "we hereby deem that you're breaking our terms of service and therefore relinquish your right to play WoW. You are teh banned." Blizzard can ban people all day long who use this software, these developers are just making a preemptive strike to ensure that they can distribute their software. It doesn't really have much to do with the EULA.
That being said, this is the first lawsuit ever that I'm actually on blizzard's side for.
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Quoted for truth. It takes no time at all to reach the level cap... from then on, it's all about skill and strategy. Having almost no grinding necessary + the fact that it costs nothing monthly makes me, a broke college student with no free time, very happy.
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"Free level 60s for everyone! *generic mob hurray*"
Heck, I might even go back to playing WoW if they won. But then again, I've been through the game already and there wouldn't be much to do.
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If you don't want to take the time (what, two weeks?) to level to sixty, perhaps you shouldn't play the game. I don't think Blizzard would mind, they have almost seven million subscribers, after all. :(
Honestly, if you truely think that because a couple thousand lazy bastards who don't want to level a character and therefore use WoW Glider equates to a "demand" then you are sadly mistaken.
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Is it wrong to create and sell a game that can be 'played' by an automated program that simply presses buttons? That remains to be seen. :P
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Read: Interstate Commerce Clause in the Constitution and Article 6, "elastic clause". It's getting to the point now that the US is claiming the right to regulate voting because the production of voting machines involves interstate commerce.
Judicial system needs to cage these beasts
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The big issue that will be addressed is the DMCA angle. I don't see a court stepping in and telling a company how to run a video game. The DMCA thing will come in as Glider is made specifically for WoW. There is no other use. As it cannot function (and thus make money for it's creators) without WoW, I think an easy argument can be made that the Glider creators are profitting from WoW.
In terms of the actual game, if you aren't willing to play a class to level 60, you don't need to be playing, period. I already run into enough warriors that don't know how to tank and hold aggro, priests that have no clue how to heal, hunters that don't use their CC methods, and warlocks that have to re-learn how to summon another player EVERY time they attempt it. Consider levels 1-59 training for level 60 and beyond. Besides, the low levels are the meat of the game. If you don't enjoy that, please for the love of Pete realize that you do NOT have to play WoW. You CAN play something else. If you log on and think "I'm bored" it is time to move on.
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Um, what? Two to three weeks? Sorry, in my life I unfortunately need to find time to do small things like eat, sleep and go to work.
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And Stevo, ANY game can be played by a computer program. A simple FPS bot will always beat just about any human.
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2-3 weeks is a generous time to get to level 60, if you aren't online once or twice a week for an hour each time. There are people that can get to 60 in under a week. If it takes you over a month to hit the level cap, you should go back to single player Final Fantasy games.
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Sure, if you have no life. Some people actually spend time doing things besides sitting around power-leveling.
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The fastest time to 60 was ~4 days 20 hours.
For a casual player who has 4 or less hours to spend on WoW a night it will take about a month or more to reach level cap. Thats assuming they can level as fast as it has ever been done, which is of course impossible. A more practical expectation would be 2+ months.
Please take your dim witted comments to the cesspool that is the WoW community forums.
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Also, I'm sure the lot of you enjoyed spending 1000+ hours with your characters only to hear pre-teens call them 'toons'. People spend huge chunks of their lives using World of Warcraft and some still refer to these characters they have built as 'toons'.
Think about how sad and pathetic that really is.
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You can have the game for half a year or more before you hit 60, but your /played time shouldn't be more than 2 weeks, tops.
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that says it all. Its there game so they can do what they want with it. My question is, if I pay for software what should be the limits of my use? I completly disagree with unattended macroing/scripting in game, although I would like to see Blizzard come out with a version of the game that would allow some of us to create our own server and make our own rules, at which point if you like unattended macroing you could do, and if you don't you simply play on the servers that dont allow it like I do. Its Win Win Blizzard makes more money and those of us who can't stand scripting don't have to deal with it.
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i've never played wow, and i actually make fun of my friends if they even mention playing wow, so i've nothing vested in using a bot to level me. i just think that blizzard knows it's game takes a long time for people to reach lvl 60 because if they did it any faster, they'd find out how empty the game really is as a solo experience, and thuse lose those 7 mil accounts. i mean, how many of those accounts are above 60 and how many are below? it's a money issue for them, not an honor issue for you, the consumer.
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Beside DMCA issues, this is a contracts case: can MDY benefit by inducing Wow players to breach their contract with Blizzard. Blizzard's interest must be balanced with freedom of commerce. And since Blizzard controls the terms and conditional unilaterally, they can always modify them to make 3rd parties induce breach. So Blizzard is weak there. But I suspect not weak enough to lose with the best lawyers money can hire.
As for DMCA, thats a very counterintuitive law and Vivendi might just put a cap on MDY with it.
MDY's injunction is largely a publicity stunt to gain leverage in negotiations with Vivendi. It will work. MDY might be a whole lot richer very soon and wont have to even peddle their bot anymore. Just work on their tans in the Arizona desert. Good deal all around. Except gamers are back to the grind.
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How could a bot program function merely by inputting mouse and keyboard clicks? It would be running blind for starters, it couldn't loot the monsters it kills because it wouldn't know where the bodies are, and in fact it couldn't even FIND the monsters to begin with other than by - ahem - blind luck.
No, in order to "see", it has to read memory belonging to the WoW process, and this, ladies and gentlemen, surely is the very definition of hackery.
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Radar detectors are legal...
Anticrawl
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I had a bot that I used to farm items for my guild (which was an end-game raiding guild) such as herbs and librams; gold for myself to pay for equipment repairs, and cloth for bandages and faction for myself and other guildmates.
I was able to enjoy WOW again thanks to Glider; I didn't have to spend my weekend farming gold, or items to sell on the Auction House so I could keep affording to pay repair bills incurred by wipes on endgame content.
I'm in the Navy and I don't have the luxury of being able to play as much as I want; I have to take what I can get, when I can get it... should I be denied endgame raiding because using a bot is the only way I can afford it? Is it "wrong" to use a bot to help out my guild by giving others gold for repairs or items and potions?
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Now take the "I can't enjoy the game without it playing itself, therefor it's OK for the game to play itself". Why stop at level 60? How about the real fun begins once you're geared out in Tier 1? Geared out in Tier 2? How about upcoming Tier 3? Is the real fun once you've accumulated every single piece of gear you could ever want, because it's all about PvP? Gee, I guess the entire leveling and finding equipment part of the game, that little, teeny unimportant piece, shuold just be skipped so that we can all have the real enjoyment of being equally powerful from the get go.
Therefor, by exactly the same argument the pro-botters are setting forth, a hack which gives you level 60 + any gear you want is perfectly acceptable. Now, you may actually believe that; in which case you might want to consider PLAYING A DIFFERENT GAME BECAUSE LEVELING AND GEARING UP IS THE VERY SOUL OF THE MMORPG EXPERIENCE. Still, your strange preferences are your own business, and at least you know where you stand.
But OTOH if you do not believe that a hack giving max everything is fair and fun, in the interest of not sounding like an idiot, you might want to refrain from using an argument that only makes sense if you do.
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If they lose the suit, it's fine by me.
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the most fun is 1-59.
60 is where the game ends.
raids are the most boring gameplay mechanic ever devised. reducing every class to a few basic functions. you might as well be on autopilot once you start raiding.
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Nor is the source of a cause of action under the DMCA to be found in Commerce Clause principles. Congress has plenary power to enact copyright legislation, see A.II Section 8 cl. 8. In any case, Commerce power applies to enacting legislation, not bringing civil actions in federal or state courts.
I likewise fail to see what about Article VI has any relevance to this issue - maybe you can clarify for me?
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If all it does is mimic key presses and mouse movements, I fail to see how this is against the dmca. Its a really simple thing to do, and you can do it to any application (just like with a lot of installers you can "click" on the disabled "Next" buttons on installers when you dont agree with the license; license says you are accepting if you click next? I didn't agree with the license in the first place!!)
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seriously, if i have an epic lvl 60 that i earned, i deserve the respect i get when im walking through town showing off tier 3 armor and epic mount. when theres 50 other people wearing the same armor, who didnt work for years like me, THEY CHEAPEN MY GAME! how can you not see that they ruin the game for everyone!
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Anyway thats just my angle on the whole matter who know's maybe im completely off.
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"According to some people, the only fun in certain MMORPGS is when you're at max level, and with a lot of 'em, it takes lots of time. What about those people that don't have the time on their hands, but still want to experience the joys of higher levels WITHOUT buying an account or any other methods? I, personally, would like to have something that would help me along the way. Now for gold farming, that is bad, of course, but if there was a certain way to just include leveling then that would be okay IMO."
Those people should play guild wars, where you can choose to start endgame from the beginning rather than leveling you character.
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YOU buy it, YOU use it, YOU violate terms of service, YOU get banned.
Just like guns. You use it unethically, you get jailed.
I think Blizzard doesn't have the resources to detect and stop people from using it, hence the threats.
Only way I see blizzard winning this one is DMCA, but that'd be technical, and probably using the reverse engineering or breaking encryption clauses.
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Wow, a lot of folks here seriously don't know how to read. Glider's creator isn't trying to sue for damages, he isn't trying to sue to force Blizzard to allow people to bot, he's barely even suing at all. He's asking the court to declare that selling a program which doesn't modify or use* the content of WoW in any way doesn't constitute *copyright infringement.*
I don't bot, but I've looked at the Glider forums and seen a vast number of them interpret the suit the same way many of you folks are: suing for a right to bot, blah blah blah. And here I thought such lack of comprehension was wilfull, based on an ulterior motive. Maybe it's just that nobody knows how to read for comprehension anymore...
Oh and the churro analogy is absolutely horrible. It isn't even remotely accurate. A much better way to encapsulate this, using churros, would be to say that the Glider-guy is creating a product that helps people sneak food into the movies when they're 'supposed' to spend way-too-much for theater-food. See, food isn't illegal; it's just that bringing it into the movies is against *the theater's* rules. But could you imagine a theater trying to call the cops on you for sneaking in a soda?
Further, could you imagine the theather claiming you had infringed their copyright by bringing food into the theater?**
Sound ridiculous? That's pretty much what Blizzard is saying. Distance yourself from your emotional connection to it and you'll see it's pretty ludicrious, hate botters or not.***
*(and by which I mean there is no Blizz-copyrighted content in Glider's promotional material, interface, etc- it's just a bunch of text. Zero taurens are visible, etc.)
**let's just assume the theater also produces the food, for the sake of not splitting hairs
***and boy do I hate botters. but my personal feelings don't change the fact that blizzard is clearly overreaching the law in an attempt to intimidate a problem they can't solve into ceasing its own existence voluntarily.
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Right. Boy does that suck. So, you must be livid about the new greens in Burning Crusade (30 spell damage 30 stamina level 62 *craftable* green boots, anyone?), and absolutely infuriated by how easy it is to get pvp gear in 2.0??
Because a whole bunch of people *busted their butts* HARDCORE to get AQ40/Naxx/Grand Marshall gear in the old system, and now Blizzard is going to be handing it out like candy because "it isn't fair to the casuals."
So using your own logic, this is different from and more acceptable than botting *how*, exactly?
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