A short resume on todays trial, the second trial on the case Blizzard vs Bossland.
The trial had to start at 11:45 and end 12:00, which looked like a joke since 11:45 there was the next trial planned for the judges. However we did not manage to get to our trial before 12:50 and it lasted around 45 minutes.
As usual, all the plannings we made, on how the case can be turned .. failed, because somehow the judge thinks this is all about the game ludo. And in ludo you are not supposed to dice only "6"'s.
besides this phenomenal description, he made clear that there is no problem at all to say that we are competitors. That what we do is an obstructional competition and if the EULA and TOS are bound in the contract between the end user and blizzard will not be looked at, as its not mattering.
Also he said that each game has rules, so called rules of the game, and the user has to get to them, read them and follow them. That they are public and can be read online. This leads to, that the rules are somewhere hidden within the EULA and TOS, but since they do not matter, how do they expect them to be read and followed.. around here i lost it completely.
But it was not yet over, also one of the main aspects of the game is the communication between players, and since bots can not communicate, they are obstructing blizzard. However Blizzard never mentioned anything like that in his lawsuit, so i am really interested how he came up with that fact, and why bots can not be communicating ...i have seen at least few plugins that let you communicate with players.
I hope you are still following, till here we have no paragraph, no law rule that is mentioned. Its just ... the game has rules, people need to know them upfront and to follow them. This one will soon lead us very fast to the next higher court, some when in 2013.
Another interesting facts are that, we will soon not be allowed to use the terms "WOW Bot" and "World of Warcraft Bot" ... i mean since when is BOT a protected trademark ?
Blizzard had to take back the sentence that ment that our software automatically levels, which in this case is untrue, as blizzard does the level switch not our software.
Blizzard had to take back that we had to destroy the memory on the servers, where the trademarks where used ... how in hell would you come up with that in the first place ... instead of changing the html source code and removing the trademark infringed words, they wanted me to delete for example the index.html ..that was also turned back to something that makes sense. Not that its right by our opinion, but its what we will need to live with until the next higher instance.
Now the important things:
The ruling will be on 29th January. From this point on we can no longer distribute Honorbuddy in the territory of Germany, just Germany.
This means more or less, that we will stop the sales of Honorbuddy in the territory of Germany and the distribution of updates for Honorbuddy in the territory of Germany.
However since the ruling will be fully written on 29th January, i can not go any more into details, since i have none. After that we appeal and go to the next higher court, and the chances fro that are pretty good, after the show we had in the LG of Hamburg.
The trial had to start at 11:45 and end 12:00, which looked like a joke since 11:45 there was the next trial planned for the judges. However we did not manage to get to our trial before 12:50 and it lasted around 45 minutes.
As usual, all the plannings we made, on how the case can be turned .. failed, because somehow the judge thinks this is all about the game ludo. And in ludo you are not supposed to dice only "6"'s.
besides this phenomenal description, he made clear that there is no problem at all to say that we are competitors. That what we do is an obstructional competition and if the EULA and TOS are bound in the contract between the end user and blizzard will not be looked at, as its not mattering.
Also he said that each game has rules, so called rules of the game, and the user has to get to them, read them and follow them. That they are public and can be read online. This leads to, that the rules are somewhere hidden within the EULA and TOS, but since they do not matter, how do they expect them to be read and followed.. around here i lost it completely.
But it was not yet over, also one of the main aspects of the game is the communication between players, and since bots can not communicate, they are obstructing blizzard. However Blizzard never mentioned anything like that in his lawsuit, so i am really interested how he came up with that fact, and why bots can not be communicating ...i have seen at least few plugins that let you communicate with players.
I hope you are still following, till here we have no paragraph, no law rule that is mentioned. Its just ... the game has rules, people need to know them upfront and to follow them. This one will soon lead us very fast to the next higher court, some when in 2013.
Another interesting facts are that, we will soon not be allowed to use the terms "WOW Bot" and "World of Warcraft Bot" ... i mean since when is BOT a protected trademark ?
Blizzard had to take back the sentence that ment that our software automatically levels, which in this case is untrue, as blizzard does the level switch not our software.
Blizzard had to take back that we had to destroy the memory on the servers, where the trademarks where used ... how in hell would you come up with that in the first place ... instead of changing the html source code and removing the trademark infringed words, they wanted me to delete for example the index.html ..that was also turned back to something that makes sense. Not that its right by our opinion, but its what we will need to live with until the next higher instance.
Now the important things:
The ruling will be on 29th January. From this point on we can no longer distribute Honorbuddy in the territory of Germany, just Germany.
This means more or less, that we will stop the sales of Honorbuddy in the territory of Germany and the distribution of updates for Honorbuddy in the territory of Germany.
However since the ruling will be fully written on 29th January, i can not go any more into details, since i have none. After that we appeal and go to the next higher court, and the chances fro that are pretty good, after the show we had in the LG of Hamburg.
