Section 12

[frosticus]

could someone explain section 12 to me, and what it means as a botter?

 

[frosticus]

View attachment 103415

sections 4, 5, and 6 from the TOU.

this is why we won't ever get a straight answer from blizz.

 

[GIVEMEANAME]

it means nothing to us, but means something to bossland should the courts find him guilty etc blah blah

 

[kravitz]

It means absolutely nothing to a player botting / exploiting in wow. Since, there is nothing "illegal" being done, Blizzard would have a terrible time suing individual players, and every case would likely be thrown out of the court before it hits the judges desk.

Section 12 refers ONLY to businesses developing to circumvent Blizzards protections to their products.

You'll never get a "straight" answer from an TOS/EULA. Some of which will never hold up in court; though, most are there just to scare the shit out of the users and provide a company, who wrote them, a sense of security.

 

[Botanist]

TOS/EULA are not legally binding. It's nothing more than a bunch of made up rules by Blizz. Big difference between someones made up rules and a law. US copyright laws determine what blizz is capable of suing for and any damages they may be awarded.

In the case of HonorBuddy, they can always argue that Blizz owes them money for their services. If it weren't for HonorBuddy, Blizz would have a lot less subscriptions (most botters would have left the game long ago if it weren't for HB) and their quarterly revenue would be less. So no damages were incurred. If anything HonorBuddy helps keep the "old-boring-ass" game alive.

 

[kravitz]

US copyright laws determine what blizz is capable of suing for and any damages they may be awarded.

That's a very vague law. A program needs to be copied to a hard drive and ram, consumers hardware, and Blizzard, or any company, do not own the hardware on computers. Users have a legal right to reverse engineer programs, etc.. etc.. and does not infringe on copyright law; though, I forgot what the law considers this as, something to do with competitive business. Reading the data on the hard drive and ram isn't against the law, nor is it copyright infringement. Glider tried to prove this, but their attorney's weren't that convincing and improperly reinforced their case.

FAQ about Reverse Engineering -- Chilling Effects Clearinghouse (majority of text are legally true)

 

[Botanist]

Most laws are purposely written in a vague manner so that the courts have some discretion in their decisions, based on popular opinion and culture, of the times

 

[Aicd99]

Yeah, Blizzard would never try to go after individual botters.

DirecTV did something along these lines back when people were programming their smart cards to steal free TV. They sued thousands of people that were getting free TV. They were eventually sanctioned because federal judges were so damn angry that they were clogging up the court system with their baseless lawsuits.

As another user said, it doesn't really apply to us.

 

[frosticus]

we hope the best for Bossland, we love his product and look forward to many more patches of LazyRaiding!!