Remember awhile ago when I said JagEx (producers of RuneScape) were suing a bot developer? They didn't quite follow in Blizzard's footsteps, as they left out tortious interference - and they had a nifty trademark claim from the bot guys selling "runescape.su" email addresses to help phishers deceive people. They did, however, go right for the personal liability. As before, I believe that practice will stop when someone winds up dead, which tends to happen when you corner people.
Turns out they survived a preliminary injunction motion. It doesn't decide the whole case, but it's pretty damn close to a win for the bot guy. They will definitely be able to keep selling their product, if they choose to.
Unfrozen caveman lawyer analysis:
1) JagEx got smoked on the copyright claim because they didn't register the game in the Copyright Office. Comedy gold. The court conveniently sidesteps the whole "someone made a RAM copy somewhere while violating a term in the EULA!" thing by saying there's no copyright to infringe. One key point is JagEx mentioned that they did register the copyrights to some of the game art, which does get copied around in RAM, even if the game code itself isn't registered. The judge didn't seem to latch onto that quite the same way our guy did.
2) JagEx lost on their DMCA claim because there was nothing to circumvent. The court pretty much said "if you had something like Warden, maybe there's a DMCA violation". But RuneScape doesn't really have a Warden, or at least it wasn't presented very well to the court if it does. There's no real legal analysis of what access-control or copy-protection is, so it doesn't really mean much other than 1) RuneScape needs some kind of Warden or 2) JagEx needs better counsel to explain how their Warden-like thing works. Mind you, I'd still think the bot guy should win in the face of such Warden, but it's a moot point without.
3) JagEx somehow lost on the "runescape.su" trademark infringement claim, since the defendant isn't doing it any more. I'm no trademark master, but it sure seems like a shitload of damage was done before with that domain name. Maybe there's a different claim they have to assert.
TL;DR
Bot guy won, kind of on some technicalities.
Source:
http://vforums.mmoglider.com/
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