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Federal appeals court decision on internet gaming bots

Posted 1/5/11 : A federal appeals court decision on internet gaming bots could have implicaions for online gambling
 
The legal publication Law.com reports that US lawyers are currently pondering a federal appeal court decision that shut down a bot used for internet gaming on the famous "World of Warcraft" website.
 
The decision was handed down by the Ninth Circuit U.S. Court of Appeals against Michael Donnelly's Glider bot, which plays the game "World of Warcraft" on autopilot for its users in their absence on other activities.
 
The case was originally brought before the courts by "World of Warcraft" owner Blizzard Entertainment.
 
The court ruling is based on copyright, finding that the Glider program violated the Digital Millennium Copyright Act because it circumvented technology designed to protect copyrighted material.
 
Users do not actually own their software, the court ruled, but merely license it. Consequently, users of the bot were violating their software licensing agreements.
 
However, using a bot does not in itself amount to copyright infringement, the court controversially noted in overturning an earlier decision by a subordinate court in Arizona.
 
If that were the case, then software copyright owners like Blizzard would be enabled to take action on grounds of copyright against any "disfavoured" conduct by a licensee, the court opined.
 
Donnelly's MDY Industries locked horns with Blizzard Entertainment when the developer created the Glider bot for his personal use, later selling it to Warcraft gamers under his company brand. In a counter-move, Blizzard launched Warden, a program that blocked Glider. This started a development struggle as Donnelly created a counter-program to Warden and promoted it as a product.
 
The court was told that in total, Donelly's Glider project generated $3.5 million in revenues for his company.
 
Law.com reports that there appears to be consensus among legal minds that the federal appeals decision arms companies with an effective way to prevent other entities from abusing their software.
 
The Ninth Circuit's ruling allows Blizzard to seek contract damages for violating its software licence agreement, although it denies the company the large damage awards and injunctions typically awarded for copyright infringement.
 
One litigator told Law.com that the decision will be used as a guide when software licensing agreements are drafted; it will help ensure that deals are tailored specifically to make it easier to file claims against unauthorised add-on programs, such as bots.
 
However, some law experts saw the decision as a positive development for bot builders.
 
"They don't have to worry about violating copyright laws now," said Neil Smith, an IP partner who represents video game companies, who noted that by taking away the threat and fines of copyright infringement, the ruling could actually encourage companies to start making add-on programs.
 
He also pointed out that smart phone application developers could be encouraged to develop bot software by the decision, and that ultimately it may be a sounder strategy for gaming companies to allow add-ons and raise extra revenues by imposing a fee.
 
Social media game maker Zynga, which offers online poker applications on Facebook (see previous InfoPowa reports) told Law.com that it will block unauthorised programs from being used on its games. Zynga legal spokesman Jay Monahan said there remained a number of ways that gaming companies can take action, naming breach of contract or cyber-tresspassing.
 
"The [Ninth Circuit U.S. Court of Appeals] ruling is in no way a green light for applications that want to access websites contrary to their rules," Monahan said.
 
The case may yet have a sequel, Law.com notes. The Ninth Circuit U.S. Court of Appeals interpretation of the copyright laws differed from that of the Federal Circuit court, introducing a conflict that could see the issue going before the US Supreme Court for a final resolution.



Gambling News :

Betradar Launches US Sports Betting Solutions - With only a few weeks to go until the betting and gambling world descends on ICE in London, Betradar have today announced that they will be launching a comprehensive range of tools and services to any company that will be looking to provide sports betting in a post-PASPA United States.

Abdelaouhab Zizi Wins MPNPT Morocco Main Event - Abdelaouhab Zizi has defeated fellow Casablanca resident Fadhil Farag heads up to win the 2018 MPN Poker Tour Morocco Main Event and MAD 375,000 (c. €33,220) after a two-way deal.

Final 12 For MPNPT Morocco - Sunday on the MPN Poker Tour Morocco will see several trophies awarded at the Mazagan Beach Resort, with the largest going to the Main Event champion along with a prize of MAD 400,000 (c.€35,400).

MPNPT Morocco Updates - Leading the 104 combined survivors from both flights is still Said El-Yousfi with 272,000 chips; visit the MPN Poker Tour blog for an end-of-day recap and full chip counts.

MPN Poker Tour Morocco Day 1A - The MPN Poker Tour has returned to Morocco this week (January 11-14), featuring the MAD 1.5 million guaranteed Main Event, accompanying side events, and the activities and parties for which this tour has now become known on two continents.

2018 MPN Poker Classic - The MPN announces the return of The Classic tournament series this January. The series is back following its successful €350,000 guaranteed debut in 2017. This time €500,000 is guaranteed, along with a once in a lifetime trip to Monaco for the Classic Champion.

PDC and Sportradar Renew Deal - Following this month’s hugely successful World Championship, the Professional Darts Corporation (PDC) and long-standing partners Sportradar have renewed their multi-faceted cooperation that will see the leader in sports data and content continuing in their role as official data

Poker Yaar Joins MPN - Available through download, instant play and mobile, Pokeryaar.com is live with Omaha, Hold’em and Five-Card poker variants, alongside MPN’s Fish Party, the industry’s only progressive jackpot SNGs.

New MPN Poker Rooms Tower Torneos - Impressed with Microgaming, having already integrated with the Quickfire platform to gain access to some of the industry’s best gaming content, Tower Torneos has extended the relationship with poker.<

NY Rangers vs. Devils on 12/21 - When the Devils and Rangers hit the ice on Thursday (7 PM ET on MSG), so too will two of the league’s top netminders. After a slow start to the season, Henrik Lundqvist has returned to his form of old. Through 29 games, he’s posted a 2.59 goals against average, and a .920 save percentage.

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