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German guy who knows Law comments on the Injunction

So i pmmed german law guy on blizzhackers with 3 questions.

1: Demonbuddy can petition somebody (a higher court or so) to move the case to another city (like munich) or does it HAVE to be hamburg now?
2: Howlong it takes for a court to rule on an injunction like this?
3: Howlong an appeal against a ruling (lets say they rule in blizz's favor) like this to get it overturned in germany?

He replied. I added the reply to the first post
 
So it seems that moving this bot to another country is only option, could we have a comment on likenes of that happening from Bossland ?
 
Eisenberg said:
So it seems that moving this bot to another country is only option, could we have a comment on likenes of that happening from Bossland ?
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No they can and will fight it. Win or lose in Hamburg i hope they will continue to keep fighting blizz in court (as they have done in the past).

I support the demonbuddy Team, i hope this info can help them in a way and at least now people on this board know what to expect with this legal case.

Now we'll all have to wait untill the first hearing (hopefully) next week (or in a few days). (or untill Bossland is 100% convinced the injunction is only for germany and adds an IP filter to the bot & releases the new version)

PS: I'm a student of Law myself (not german law) and i agree with what the guy (and bossland in another thread) says: It would be really interesting to see what the highest Court In Karlsruhe says about botting (because their verdict is binding for all the lower courts) (but that will take ages and cost bossland tons of money tho)
 
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But what prevents Bossland from fighghting blizzard in germany and selling bot to coustomers from other countries at the same time ?
 
Eisenberg said:
But what prevents Bossland from fighghting blizzard in germany and selling bot to coustomers from other countries at the same time ?
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Nothing, except the fact that IF he does that and the Judge says the injunction is not only for germany but for the EU or for the world (normally he can't say that since german law only applies to germany, but who knows in Hamburg), bossland is pretty much fucked (jail or immense money penalties). So its completely normal that they don't do this, at least not yet.

I suspect they might start to think about this in a few weeks if/when they won't have a verdict on the injunction yet. (or a negative verdict)

And you're talking about selling. I don't really know about that, that might be a no no. But they can definitly release the new update to the people who are already customers OUTSIDE of germany. But again, they are playing it safe atm and thats perfectly normal. I would do the same.
 
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Thanks for sharing this. Glad to be kept updated.

Quick question: No where in there does it say that its against the injunction's terms to continue to sell it (besides Germany) or anything about continuing to provide service to existing "customers", so technically, Bossland could keep the bot going and continue to sell it in other locations other than Germany. So why doesn't Bossland just do this?

Reasons why I'm asking that question; Well, if you continued to keep selling it (other than Germany), your not breaking the terms of the injunction, your making more money (there's the court/lawyer fees right there, or at least part of them), and you aren't letting them win by shutting it down (even if it may just be temporary).

I guess overall, I just don't see any reason for Bossland to completely shut off the bot, stop updating it, and completely cut off sales at the moment. I mean wouldn't it just be handing what Blizzard wants directly to them on a silver platter? Correct me if I'm wrong.
 
the best thing we can do its to wait for the court day,all the rest are theories :)
 
KiLLian said:
Nothing, except the fact that IF he does that and the Judge says the injunction is not only for germany but for the EU or for the world (normally he can't say that since german law only applies to germany, but who knows in Hamburg), bossland is pretty much fucked (jail or immense money penalties). So its completely normal that they don't do this, at least not yet.

I suspect they might start to think about this in a few weeks if/when they won't have a verdict on the injunction yet. (or a negative verdict)

And you're talking about selling. I don't really know about that, that might be a no no. But they can definitly release the new update to the people who are already customers OUTSIDE of germany. But again, they are playing it safe atm and thats perfectly normal. I would do the same.
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Of course i understand that at this stage is to early to begin with such maneuver, i just wanted to know if they even consider it, but Bossland response "nice joke" left me with no dellusions regarding that matter...
 
stopped reading at #1. where it says "limited to D3, WoW was not included" right after calling their lawyer an idiot. the reason they can't include WoW is because Bossland already has a lawsuit against Blizzard for the bans that went out due to people getting caught botting (through no fault of the bot, just user error) so they can not include WoW into this C&D. anyway, my two cents from the first paragraph of that guys response.
 
This is most probably the end of demonbuddy. I think setting up new company and restart nav servers under different product name is the way to go.
 
Trying to make up scenarios about court. The complexity these sort of things reach are not easily deciphered by the average botters mind, one does not bring common sense to court, only winning cards. I don't know about your degree in law but my common sense level says stay away. Stay far away.
 
So hands down, the bot will not be available for - to be realistic - weeks or months right, not just days?
 
DaSoul said:
So hands down, the bot will not be available for - to be realistic - weeks or months right, not just days?
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It could always turn into the thing HB has now, long complex lawyer talk. Meaning the bot could be around for years before Blizzard even dents us.
 
Impossible to read due to grammar and such. The 'lolling' made it very hard to take this serious but I have to be fair and say I only read the first 4 sentences because of it not being really readable.
 
nucleotides said:
Cause we have to keep suppressing black people? /facepalm
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Yea, because the north didn't have more slaves than the south! /facepalm! Takes geniuses to try and make everything about race! Pick up a book and quit watching TV specials. The civil war was about a lot more than slavery and Africans! I am still amazed by the amount of Americans who follow our government blindly and then wonder why the U.S. has become such a joke. In third grade they sayed south people be mean and norf be good. That why me no it be true. Not can read no book or meserch nottin!
 
Zaedon said:
Yea, because the north didn't have more slaves than the south! /facepalm! Takes geniuses to try and make everything about race! Pick up a book and quit watching TV specials. The civil war was about a lot more than slavery and Africans! I am still amazed by the amount of Americans who follow our government blindly and then wonder why the U.S. has become such a joke. In third grade they sayed south people be mean and norf be good. That why me no it be true. Not can read no book or meserch nottin!
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If you consider one of the wealthiest super power countries in the world with such amazing luxuries "a joke," you should do some research. No country is perfect, deal with it or become a politician, this is a botting thread not a US history textbook. Also, how can you relate people following the government to school ignorance?
 
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