Blizzard vs Bossland 4th December 2012 LG Hamburg

[A1l3n]

I think this is the only time I'm glad to be in the US. Lol

 

[weischbier]

 

[Corny]

Sind dann nur Updates, oder auch die Mesh-Auslieferung betroffen?

 

[Nexus129]

Hoffentlich sind die Mesh daten nicht betroffen, es w?re wirklich schade, wenn ich mit meinen 40+ Sessions auf eine Illegale Hb version zugreifen m?sste :/.

 

[pitware2005]

Hallo zusammen,

h?tte da mal 2 Fragen zu Bosslands deutscher Erkl?rung auf der ersten Seite!

1. Was ist mit alten Kunden gemeint? (Welcher Zeitraum)

2. Es kann bis zu einem Update von HB weiterverwendet werden, hei?t das die Authserver werden nicht f?r deutsche gesperrt?

Es w?re sch?n wenn diese Punkte von offizieller Seite nochmals genauer erkl?rt w?rden.

 

[Xcesius]

So, german users will still be able to use the software but you have to stop the sales to german users?

Will german users still be able to use honorbuddy? As you only mentioned that you have to stop the "sale" part to german users.

 

[secarter2k3]

So, german users will still be able to use the software but you have to stop the sales to german users?

Will german users still be able to use honorbuddy? As you only mentioned that you have to stop the "sale" part to german users.

They cannot distribute (sell the software to new users) within Germany after January 29, 2013. They can continue to support users with valid licenses of HonorBuddy up to, and beyond, January 29, 2013 until their licenses expire. If you have a lifetime license, then there is no expiration date, so updates can still be given as it is a continued support feature that happened before the ruling.

Beyond January 29, 2013 if a user with a geolocation tag located within Germany attempts to purchase the software, they will be disallowed due to restrictions set by the ruling. All existing users before this date within Germany will still be able to use the software, but will not be able to purchase any further upgrades/licenses of HonorBuddy. Their existing software purchase before this date are still valid and can be updated/serviced as normal.

This is my understanding of the hearing that was mentioned in the original post.

 

[Totesviech]

Hello people, you'll have to disclose everything here? It is forbidden here, for German users how to get this German IP can handle. See German Forum and English Forum Post. Then there is at least from the 29.1.2012 not more as many German users. Can the use the bot. Again because of the fact that if the everybody knows how can bypass this German IP, thus some and try it again from the front is the circus lot.

 

[komodded]

Will it be the IP what makes you a german?

not sure really i live in the U.S. and tried buying demonbuddy and it thinks i live in germany sent a e-mail to the support email still waiting for a response for a whitelist on my 3rd day

 

[Sunflight]

W?re ein W?rfel der nur 6er w?rfelt nicht auch von nachteil ? ^^

 

[Crowley]

I did not say that we will be able to support German customers, which bought HB before 29th January.

Because when you are forbidden to distribute a product in Germany, then updates to that product also count as distribution, which means that the HB updates page will have an Geolocation check after 29th January. And payments from Germany will be not possible at all.

They cannot distribute (sell the software to new users) within Germany after January 29, 2013. They can continue to support users with valid licenses of HonorBuddy up to, and beyond, January 29, 2013 until their licenses expire. If you have a lifetime license, then there is no expiration date, so updates can still be given as it is a continued support feature that happened before the ruling.

Not according to Boss no. Updates count as distribution so no updates allowed.

 

[Kronz]

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.

This is utter bullshit.

How the hell did they come up with these ?

1. The rules of a game are not the law. How the hell did they arrive at the conclusion that violating the rules of a game should be grounds for preventing you from selling ?

2. How the hell did he compare WoW with Ludo, and additionally, what he is describing is CHEA7ING and hacking, not BOTTING. Did no one explain to him the difference between using a machine to "dice only 6's" and letting a machine throw the dice for you ? Such comparisons and generalizations are not serious arguments anyway, because games are different and WoW is not Ludo. This is totally invalid and sounds like he is grabbing for a straw.

3. Communication between players ? How is THAT "obstructing" Blizzard ? Does this mean, that similarly, a player who is mean can also be taken to court for that, since they are "obstructing" Blizzard with their communications ? First of all, players can use tools to continue communicating with others while botting, and if they don't want to communicate, they won't communicate much without bots too. Some examples are LFD and LFR groups, where people don't communicate much at all and just roll around killing stuff, grabbing their loot and leaving.

They didn't go there to socialize, they went to get some loots be done with it. Additionally, in what position would such an argument put all vendors of Voice communication software who are competing with Blizzard's built-in "Voice Chat" feature, making it essentially obsolete and enabling players to enter into unmoderated communications on umoderated by Blizzard subjects, bypassing their control policies and internal communication rules by conducting their Voice Chat communications outside of the game, which in turn affects the game world negatively, as there is nobody to talk with in the Voice Chat channel, or in the text chat channels, as everyone is communicating through Voice outside of the game.

Additionally, one might argue, that through the use of improved third-party voice communication programs, players can run through the content faster and easier than their peers who don't, essentially gaining an advantage over them they were not meant to have by design, which leads to the creation of content, which is better suited for this type of players, making it hard for everyone else who doesn't rely on third-party voice chat programs to advance through the content.

4. Since when is the expression "WOW" a trademark protected by Blizzard, together with the word "Bot".

5. How did they reach the conclusion that you shouldn't be selling to Germans, if no law has ever been violated and the only thing the judge ever quoted was "the rules of the game". This is simply stupid.

6. Did nobody mention that through botting, players who otherwise find the game too grindy for their tastes, or hate too much many of its aspects are enabled to continue playing by skipping the boring, grindy parts, instead of going out and looking for a better game, they will enjoy actually playing, paying Blizzard subscription fees in the process, earning them money.

You should really get a real lawyer if you can afford it. Looks like Blizzard have done some serious lobbying there and the judge is trying to use straw man's arguments to get a sentence against you.

Perhaps a private investigator could shed some light on the relationship between Blizzard and that judge, if you are allowed to do and use that in court ?

 

[Pdub1]

Finde ich eine sauerei,Richter die sich mit dem Bot nicht besch?ftigen bzw sich mit WOW nicht auskennen wollen versuchen ein Gerechtes Urteil zu sprechen.
Bestimmt war das ein 70 Jahre alter Sack der gerade mal einen Pc anschalten kann.
Naja,mit dem Honorbuddy nur in deutschland verboten finde ich doof,immer sind die deutschen die geschmierten...
Naja,Bossland Kopf hoch! du schaffst das.

 

[Lister]

Its also a Win for Boss he can sell HB to the Rest of the World!!

 

[fooh11]

Dann wir der 29. Januar wohl eine menge Spass bringen.

 

[Guest123]

Ich bin angemeldet und wohnhaft in Frankreich, bin aber oft in Deutschland, heisst das ich darf den Bot dann aus Deutschland nicht mehr benutzen? Das find ich nicht grade eine saubere L?sung. Dann w?rde ich gerne ein Update auf meine Franz?sische IP haben so dass ich es auf der Deutschen auch nutzen kann oder ist dir das das auch untersagt bossland? werden die authserver dann deutsche ips blocken oder erhalten deutsche ips keine updates mehr? das geht aus deinem text nicht ganz hervor.

 

[chaoz181]

Finde ich eine sauerei,Richter die sich mit dem Bot nicht besch?ftigen bzw sich mit WOW nicht auskennen wollen versuchen ein Gerechtes Urteil zu sprechen.
Bestimmt war das ein 70 Jahre alter Sack der gerade mal einen Pc anschalten kann.
Naja,mit dem Honorbuddy nur in deutschland verboten finde ich doof,immer sind die deutschen die geschmierten...
Naja,Bossland Kopf hoch! du schaffst das.

ach was. so wie Bossland geschrieben hat, hat der Richter ja eigene Anmerkungen gemacht, die 2 M?glichkeiten zulassen:

a) Der Richter hat sich deutlich mit dem Thema und dem Spiel besch?ftigt und viel zu viel "Spiel macht s?chtig, kampf den Spielabh?ngigen" gelesen
b) der Richter hat oder spielt selber und ist ein Bot-Hasser (gibt ja genug sogar hier im Forum

zu meinem Vorredner: die Frage ist ob Bossland f?r all die anderen L?nder updates ver?ffentlich. Weil wenn k?nnten dies ja dann auch deutsche nutzen und das w?r dann sinnfrei.
Soielen geht noch, bis Blizz nach Ende Januar ein Update ver?ffentlicht und das wird unter garantie kommen

 

[Shone]

What does it mean? if i use it after the 29. of Jannuary i get instant banned because they can see it?

 

[Mario27]

What does it mean? if i use it after the 29. of Jannuary i get instant banned because they can see it?

no it wil be the same as befor only german people cant use it anymore til a time. its stil the same just bot smart if u dont wanna get a ban

 

[Totesviech]

Hello people, but not such publications here! There are enough spies. But keep your tricks for you, and give it not price.