Greetings Buddies,
the next update is here.
While one of our cases was allowed to be heared by the Federal Court of Justice of Germany (BGH), other two courts of appeal declined us this right. The one that was permitted was about HB and copyright, it was the very first one that started in Summer 2011.
The courts of Dresden and Munich did not allow us to continue to the final court. We filled for both cases a non-admission complaint to the BGH. And see, the BGH took one of the cases. We where informed in late December, that the case of Dresden is accepted by the BGH. Speaking in numbers, only roughly 6.5 % of the complaint cases a year are accepted by the BGH. This is good news.
The other pending case will take some time, until we get any decision out, as Blizzard delays it. On one side their BGH lawyer tells the court, that the documents are not available and because of that they can not reply. On the other side, they the lower courts to get the documents from BGH, so the lower your can decide uppon a fee. The fee is practially a monetary penalty if some one does not hold to the ruling of that court. So papers fly from one court to the other and back. Munich - contract law - seems to take a bit until its clear wheither BGH will look at it or not.
Meanwhile there where two appontments at the court of appeal in Dresden (OLG Dresden):
I. Stormbuddy case - contract law - we have appealed the decision of the lower court of Zwickau. And OLG Dresden had to decide weither there is still a contract and if there is one, what does it contain. The ruling on that case should be there at end of February. With our arguments we think that we only can win that case.
2. Personal liability case - contract law - we also appealed the very wrong decision of the lower court of Zwickau. Scimilar to the first case, the ruling should be available until end of February and here I also expect to win.
Upcomming events,
A. Bossland v. CD ./. Roesdal - 15th March 2016 at LG Leipzig
You may have noticed the shortcut used, please do use only the shortcut when you discuss that case here. We take care of our users in any matter.
B. Bossland v. Activision Blizzard S.A.S. - 5th April 2016 at LG Leipzig
We have sued Blizzard, as we believe, that they use our Software without our permission. This opinion becomes hardened, especially when looking back at all the banwaves and banwave attempts. We withdraw all existing licences Blizzard may have had, before the time the first banwave happened. We do plan to win that one too. Hoever this will probably go through all court instances and will take years.
C. Blizzard v. Bossland - 10th May 2016 at LG Hamburg
You remember the interim injunction we had on Demonbuddy ? We where forbidden to sell and distribute Demonbuddy in Germany. An interim injunction, like this, no one has ever seen yet. No lawyer, no judge, no living person. But as you can see, LG Hamburg is a very special court, they tend to do things... anyway, this interim injunction is still pending, and now the main trial starts. The difference between both is, that while in the injunction, Blizzard has to convince the judges, that our software may harm them, in the main trial they actually need to prove what they accused us of.
D. We hope that this summer, we will see the first main trial at the BGH. It would be lovely. It would also end the very first case that startet in summer 2011. Five years is a very long time.
What is the difference between us and MDY, or us and Ceiling Fan ?
Besides that we are in the EU and european courts are consumer-friendly, where US courts, depending on the US state have different opinions on IT law, there are few more differences..
Just because we are attacked with personal liability suits and with even more nonsense suits, this makes us stronger. We are fighting for something, a big part of it contains the rights of the players and the right to freely chose what to do in a game, as long as no laws are broken. At the end of this, i believe that we will have defined some rules and some decisons at the courts, as how law has to handle such and scimilar issues.
With MDY and Ceiling Fan there was a suit and a contersuit, thats it. With Blizzard vs Bossland there are over 8 suits and 2 law firms representing Blizzard. It is heavy, imagine a Spanish War Galleon vs a Sloop (for the ones that love Pirates!). While the War Galleon has up to 32 cannons, it has low maneuverability. We have less fire power but we are very adaptable.
That said, have a nice evening.
the next update is here.
While one of our cases was allowed to be heared by the Federal Court of Justice of Germany (BGH), other two courts of appeal declined us this right. The one that was permitted was about HB and copyright, it was the very first one that started in Summer 2011.
The courts of Dresden and Munich did not allow us to continue to the final court. We filled for both cases a non-admission complaint to the BGH. And see, the BGH took one of the cases. We where informed in late December, that the case of Dresden is accepted by the BGH. Speaking in numbers, only roughly 6.5 % of the complaint cases a year are accepted by the BGH. This is good news.
The other pending case will take some time, until we get any decision out, as Blizzard delays it. On one side their BGH lawyer tells the court, that the documents are not available and because of that they can not reply. On the other side, they the lower courts to get the documents from BGH, so the lower your can decide uppon a fee. The fee is practially a monetary penalty if some one does not hold to the ruling of that court. So papers fly from one court to the other and back. Munich - contract law - seems to take a bit until its clear wheither BGH will look at it or not.
Meanwhile there where two appontments at the court of appeal in Dresden (OLG Dresden):
I. Stormbuddy case - contract law - we have appealed the decision of the lower court of Zwickau. And OLG Dresden had to decide weither there is still a contract and if there is one, what does it contain. The ruling on that case should be there at end of February. With our arguments we think that we only can win that case.
2. Personal liability case - contract law - we also appealed the very wrong decision of the lower court of Zwickau. Scimilar to the first case, the ruling should be available until end of February and here I also expect to win.
Upcomming events,
A. Bossland v. CD ./. Roesdal - 15th March 2016 at LG Leipzig
You may have noticed the shortcut used, please do use only the shortcut when you discuss that case here. We take care of our users in any matter.
B. Bossland v. Activision Blizzard S.A.S. - 5th April 2016 at LG Leipzig
We have sued Blizzard, as we believe, that they use our Software without our permission. This opinion becomes hardened, especially when looking back at all the banwaves and banwave attempts. We withdraw all existing licences Blizzard may have had, before the time the first banwave happened. We do plan to win that one too. Hoever this will probably go through all court instances and will take years.
C. Blizzard v. Bossland - 10th May 2016 at LG Hamburg
You remember the interim injunction we had on Demonbuddy ? We where forbidden to sell and distribute Demonbuddy in Germany. An interim injunction, like this, no one has ever seen yet. No lawyer, no judge, no living person. But as you can see, LG Hamburg is a very special court, they tend to do things... anyway, this interim injunction is still pending, and now the main trial starts. The difference between both is, that while in the injunction, Blizzard has to convince the judges, that our software may harm them, in the main trial they actually need to prove what they accused us of.
D. We hope that this summer, we will see the first main trial at the BGH. It would be lovely. It would also end the very first case that startet in summer 2011. Five years is a very long time.
What is the difference between us and MDY, or us and Ceiling Fan ?
Besides that we are in the EU and european courts are consumer-friendly, where US courts, depending on the US state have different opinions on IT law, there are few more differences..
Just because we are attacked with personal liability suits and with even more nonsense suits, this makes us stronger. We are fighting for something, a big part of it contains the rights of the players and the right to freely chose what to do in a game, as long as no laws are broken. At the end of this, i believe that we will have defined some rules and some decisons at the courts, as how law has to handle such and scimilar issues.
With MDY and Ceiling Fan there was a suit and a contersuit, thats it. With Blizzard vs Bossland there are over 8 suits and 2 law firms representing Blizzard. It is heavy, imagine a Spanish War Galleon vs a Sloop (for the ones that love Pirates!). While the War Galleon has up to 32 cannons, it has low maneuverability. We have less fire power but we are very adaptable.
That said, have a nice evening.
