3 ms·
The Applicants' case goes a little something like this: You don't buy the game, you buy a license to play a game, plus a copy of the game. If for any reason t
by sfinktah 8y ago
The Applicants' case goes a little something like this:
You don't buy the game, you buy a license to play a game, plus a copy of the game. If for any reason that license is revoked, you are making a copy of the game (from disk, into memory) without a license - which is copyright infringement.
Cheating is against the EULA, and it says (somewhere within the vast legal forest) that violation of the EULA will result in automatic suspension of your license. (Mind you, it also says in many OTHER places, that it won't). But let pretend it clearly says "automatic license termination".
If you cause OTHER PEOPLE to do the same thing, you are also responsible for that.
There is an ancillary charge of breaching an AC TPM (access control technical protection measure) but that is somewhat harder to justify, as they are claiming that their "Anti-Cheat" system is part of their AC TPM. (Anti-Cheat, Access-Control). While their Anti-Cheat is certainly (technically speaking) a "technical protection measure", it is not (legally speaking) a "technical protection measure" as recognized by copyright law.
i.e. not everything that is "technical" and involves "protection" qualifies as an AC TPM under copyright law (or DMCA).
There is an additional claim of "tortious interference" which is a classic legal ploy. Best example I can recall is the case where the husband sues his wife's lover for tortious interference, because he is a 3rd party attempting to interfere with their contract (the marriage contract).
hope that clarifies the case... and after reading the link to the previous comment... srsly.... police are not involved... catching cheat makers is not a government initiative (except maybe in china). it's much scarier. it's driven by corporations that have huge budgets and can afford 24/7 surveillance on a subject for weeks at a time, and operate with a "scorched earth" policy.
that's what should make you all scared. corporations can have search warrants issued, force you to provide the key or password to anything, and insist you tell them about any equipment or information you may have hidden.
there is no right to silence what-so-ever.
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