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Your comparison of "If you have done something illegal in the past, you should not complain if you see something illegal now" is so full of holes that it could be used as a sieve.
It occurred to me that what I meant may with what you quoted may not have been obvious to everyone. So, quote time, to elaborate on it further.
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The Court reaches the following conclusions on the basis of undisputed facts, construction of the EULA and TOU, and controlling Ninth Circuit law: Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software, use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard's copyright.
This is an excerpt from the opinion of the court in Blizzard v. MDY, the very recent Glider case that ruled that because Glider was in violation of WoW's ToU, it infringed upon Blizzard's copyright. It was a very controversial decision; it is not entirely clear if it will stand upon appeal. In simpler words, this decision says that actions that violate
either Blizzard's EULA or ToU constitute copyright infringement.
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2. Service and Terms of Use. As mentioned above, you must accept the Terms of Use in order to access the Service to play the Game.
This is a quote from section 2 of WoW's EULA. It's pretty self-explanatory; it means that any action that violates the ToU also violates the EULA.
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Rules Related to "Chat" and Interaction With Other Users.
Communicating with other Users and Blizzard representatives is an integral part of the Program and is referred to in this document as "Chat." You understand that Blizzard may record your chat sessions and you consent to such monitoring or logging. Your Chat sessions may be subject to monitoring, logging, review, modification, disclosure, and/or deletion by Blizzard without notice to you. Additionally, you hereby acknowledge that Blizzard is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in the Program, or otherwise utilizing the Program, you may not:
Transmit or post any content or language which, in the sole and absolute discretion of Blizzard, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above
This is an excerpt from section B of WoW's ToU, including only piece #1 of it. It states, in very clear language, that using offensive language in WoW violates the ToU.
Saying "damn" in-game violates the ToU. Violating the ToU constitutes de jure copyright infringement. Transitively, saying "damn" in-game constitutes copyright infringement.
Thus, if you are trying to maintain that private servers are bad because they violate the EULA, ToU, and/or constitute theft of intellectual property, and you cuss in-game, you are committing a hypocritical action. A player who says "damn" in-game is not only committing copyright infringement, but committing copyright infringement of the same sort that a player who has an active subscription to WoW but sometimes goofs around on a private server is. Hopefully, this has made my point with that more clear.
I am not saying that using a private server is a perfectly acceptable thing to do, however, if you are a WoW player with an active subscription who uses a private server sometimes, you are not committing any copyright infringement that someone who says "damn" in-game is not doing. Neither saying "damn" NOR using a private server impact my experience in WoW in any way shape or form; thus I have no problem with either one of them. RMT, hacking, and exploiting all three DO have the potential to directly impact my experience in WoW in a negative, sometimes significantly negative, way. Thus, I consider "damn" and private servering to be similar level of bad, so to speak. I do not consider either of them worthy of my scorn or anger -- I
do consider hacking worthy of both, as it has the potential to actually impact my game.
Edited, Aug 7th 2008 12:45am by Groogle