A Court of appeal, this week confirmed lower judgment which prohibits the use of an automatic robot who played for users of "World of Warcraft" in their absence, but found that the use of the tool does not constitute a violation of copyright law.
Use the tool gliding format industries is a violation of the Digital Millennium Copyright Act anti-circumvention clause, the ninth circuit ruled. But violating terms of service, WoW, does not automatically equal a violation of copyright law.
Product theft sailing format facilitates the room unattended. FAQ page of gliding WoW admits that gliding is against the terms of service WoW because players must agree to a contract which, among other things, prohibits maintain "any connection not authorized for the game or the service. The bottom line: use at your own risk, said the gliding FAQ.
Blizzard and Vivendi Games, Inc. continued glider creator Michael Donnelly and format industries, in February 2008 for violations of intellectual property. Blizzard wanted the Court to stop the Donnellys gliding to distribute and to award monetary damages. In 2009, a district court ruled in favour of Blizzard, guilty of secondary copyright infringement format and delivered a judgment of $ 6.5 million.
Decision this week reversed part of copyright.
"We conclude that for breach of a contract to constitute an infringement of the copyright holder, there must be a link between the State and exclusive rights of the licensor of copyright", the Court said. "Here, WoW players not committed a breach of copyright for gliding in violation of the [terms of use]." FORMAT is not responsible for the violation of secondary copyright law which requires the existence of a direct violation of copyright law. »
The decision confirms however, an injunction because the gliding effectively bypasses anti-bot detection program Blizzard, called Director, in violation of the DMCA.
The Court "Aircraft has no function other than to facilitate the reading of WoW," said.
As a result, "We affirm entry of the district court of the of a permanent injunction against the format to prevent future violations," he concluded.
As regards the 6.5 million, the ninth circuit he transferred to the lower court, which will be reconsider how Donnelly and format will have to pay.
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