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09-Nov-2011 - Bot-Busting Update: Legal Proceedings


Carl
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Hi everyone,

 

As most of you know, Bot Nuke Day has been a resounding success, with 98% of bots removed from the game, and weve struck a crippling blow to gold farmers. The overwhelmingly positive feedback and noticeable improvement to RuneScape has been truly tremendous. In addition to the various technological measures Jagex recently implemented, many of you will be aware that Jagex has for some time been engaged in a number of legal procedures aimed at stopping bot developers and the most serious bot users. These legal procedures have been the subject of a significant amount of speculation, which we will attempt to address in this post.

 

Some third party bot websites have been making various statements alleging that Jagex is doing a number of things that are unlawful or dishonest in some way or the other. We cannot comment on everything that is said in real time despite our deep desire to keep you abreast of matters as we need to be careful not to compromise our strong legal position.

 

To be very clear - a lot of things that have been said, and that will continue to be said about Jagex in relation to legal matters, are untrue. Third parties making these statements are, quite simply, trying to portray themselves in a positive light or desperately instil some sort of confidence into their rapidly dwindling supporter base by trying to suggest that Jagex is somehow acting dishonestly or unlawfully. This isnt the case at all. In fact, the Court found that Jagex had not engaged in any unlawful actions in ruling in Jagexs favour in the most recent series of such allegations raised by these parties. Jagex takes its lawful and ethical obligations extremely seriously and would never knowingly do something dishonest or unlawful. Remember, that some of these statements are coming from people that offer a No Ban Guarantee with their bots, a guarantee which we all know is untrue.

 

Are you suing IBOT?

 

Absolutely. Jagex is engaged in ongoing legal proceedings against the developers of IBOT with formal proceedings being initiated in the US (Massachusetts) some time ago. Trial is currently scheduled for mid 2012. Jagex is confident that it will prevail in this litigation and the developers of IBOT will eventually be forced to stop interfering in the game environment envisioned for legitimate players.

 

Is Jagex suing its players? If so, what gives?

 

Yes, Jagex is suing certain players who choose to disregard the terms, conditions and agreements entered into by them and continue to use bots, but it is also offering them a one-time amnesty. Jagex filed a lawsuit in the Central District of California in 2011, against unnamed persons (the technical terms is John Does, like in CSI!) who were themselves botting in RuneScape. These are the people playing RuneScape who are using third party software to bot, unlawfully getting round our technological measures designed to stop bots, and breaching our terms and conditions and the longstanding rules of RuneScape. Jagex received Court permission to ask PayPal for enough data to identify these people.

 

Once it had Court permission, Jagex then asked PayPal to provide enough information to identify who these people are so Jagex could name them as potential defendants in the lawsuit and otherwise enforce Jagexs rights under the Digital Millennium Copyright Act (DMCA). PayPal provided this data, as ordered by the Court.

 

Jagex emailed these people to offer them a one time opportunity to reform, stop botting, and settle out of the lawsuit. While Jagex hopes that these people will reform and stop botting, it ultimately is up to these people who are botting to decide whether they want to take the olive branch Jagex is offering or alternatively continue to unlawfully bot. Jagex is trying to give these individuals a simple one-time opportunity to do the right thing and stop. Remember, 99.97% of gold farmers use bots.

 

Has Jagex unlawfully or dishonestly taken or misused player information?

 

Jagex always takes its legal obligations very seriously. It has acted consistently (and is continuing to act) in accordance with both US law and with European Data Protection Laws (including our terms and conditions and privacy policy). Jagex has always upheld the highest standards of personal information security and privacy and at all times, and has acted fairly, lawfully and in a justifiable manner.

 

Some third party bot websites have been making various statements and posting documents that have re-posted, linked to and commented alleging that Jagex is doing a number of things that are unlawful or dishonest in some way or the other. The opposite is in fact true. The developers of IBOT appear particularly upset with Jagexs recent actions, including the fact that their bot and their business have been worthless since Bot Nuke Day. In ruling in favour of Jagex on a motion filed by the IBOT developers in the United States regarding such allegations from the IBOT developers, the court found that Jagex had not engaged in any such improprieties and that while [t]he dire consequences predicted by defendants may transpire, but there are no legitimate grounds upon which this Court is authorized to forestall them.

 

Quite simply, Jagex has always acted lawfully and honestly and the allegations levelled by the bot developers against Jagex, have been found to be without support.

 

What happens now?

 

Jagex is continuing to focus its efforts on restoring RuneScape back to its very best following a successful Bot Nuke Day. Jagex may continue to do other technical and/or legal things in the meantime, but wont always be able to tell you all the details or specifics of any ongoing lawsuit such as the current suits in the District of Massachusetts and the Central District of California.

 

What happened to RSBuddy?

 

Some of you may also have noticed recently that a significant former bot developer RSBuddy has both acknowledged the harm caused to RuneScape by bots but also completely renounced the further development of any bot software, taking the decision to reform into a RS fansite instead. I warmly welcome this well considered and smart development, I hope that all other bot developers will quickly see the wisdom in RS Buddys actions and likewise summarily shut down their own harmful operations before its too late. In recognition of recent events and as gesture of goodwill Jagex will draw a line under RSBuddys previous activity and that of their former customers provided they remain true to their pledge.

 

Is Jagex permanently anti-bot?

 

Jagex always has maintained a consistent position on botting: botting is cheating and ruins the game for legitimate players. We will continue to do whatever we legally can, in both technological and legal avenues, in order to continue removing botting and gold farming from the game. This all comes at considerable cost to Jagex including: considerable development time; high legal fees; and the significant time our dedicated staff have to spend on this.

 

Dont believe everything you read on botters forums or take things at face value. Both the technical and legal side of things are fiendishly complicated and subject to all sorts of confidentiality obligations and opinions, that often are seriously misunderstood even by those directly involved. Also, they all claim to be totally undetectable, just like a human and offer no ban guarantees. All are completely false claims; we are carefully monitoring the activities of the remaining screen scraping bots in game.

 

Bot Nuke Day is the culmination of a series of different measures, all designed to work together, to dramatically stamp out botting in RuneScape. The measures are all working so far; as before, we are only just getting started with a number of updates due over the next few weeks and we will continue to work hard on every front to wipe botting and gold farming out of RuneScape for good.

 

Again, thank you for your part in helping us wipe out the bots and gold farming from RuneScape.

 

Mark Gerhard

CEO & CTO

 

http://services.runescape.com/m=news/bot-busting-update-legal-proceedings

RIP Michaelangelopolous

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It's not surprising that Jagex had a proper legal position before getting names and sending out the ultimatums. Glad they've made a statement to try and clear things up.

 

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So in essence, the lawsuits are really nothing more than a DMCA shakedown effort. Kind of sad, really; I had hoped that they wouldn't decide to stoop that low.

 

I'm a bit confused about the RSBuddy part:

 

1. Make botting site dedicated to everything Jagex stands against

2. Have massive botting community where owners profit heavily from Jagex's game

3. Announce lawsuits against other botting sites/companies

4. Leave RSBuddy exempt from the lawsuits since it's converting to a fansite

5. Act like RSBuddy is the greatest damned thing since sliced bread by mentioning it every chance they get

 

What the hell is that, man. Seriously. What the hell.

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4. Leave RSBuddy exempt from the lawsuits since it's converting to a fansite

5. Act like RSBuddy is the greatest damned thing since sliced bread by mentioning it every chance they get

 

What the hell is that, man. Seriously. What the hell.

6. Realise that praising their efforts might change the rest of the botting communities.

 

Mentioning it every chance? I saw a thread created by another player on the forum that was stickied where Jmods were poking fun at the site -- where else?

 

Why so [bleep]y?

RIP Michaelangelopolous

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So in essence, the lawsuits are really nothing more than a DMCA shakedown effort. Kind of sad, really; I had hoped that they wouldn't decide to stoop that low.

 

I'm a bit confused about the RSBuddy part:

 

1. Make botting site dedicated to everything Jagex stands against

2. Have massive botting community where owners profit heavily from Jagex's game

3. Announce lawsuits against other botting sites/companies

4. Leave RSBuddy exempt from the lawsuits since it's converting to a fansite

5. Act like RSBuddy is the greatest damned thing since sliced bread by mentioning it every chance they get

 

What the hell is that, man. Seriously. What the hell.

 

I guess they consider RSBuddy as a major victory, and like to flaunt it whenever they can.

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4. Leave RSBuddy exempt from the lawsuits since it's converting to a fansite

5. Act like RSBuddy is the greatest damned thing since sliced bread by mentioning it every chance they get

 

What the hell is that, man. Seriously. What the hell.

6. Realise that praising their efforts might change the rest of the botting communities.

 

Mentioning it every chance? I saw a thread created by another player on the forum that was stickied where Jmods were poking fun at the site -- where else?

 

Why so [bleep]y?

 

Simply because their internal consistencies with fansites is, as demonstrated here, horribly flawed. They're willing to shitcan an entire fansite for the actions of one person, yet espouse another, of which the majority of participants were dedicated to - in their own words - disregard[ing] the terms, conditions, and agreements entered [to play the game].

 

There's something to be said about reformation, which I'm more than happy to agree with - maybe the reformation of one will lead to the reformation of another. However, it lies counter to what they've been about with their whole anti-bot agenda.

 

So please, forgive me if I seem a bit chippy at this; I just can't stand inconsistency.

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I was very critical of Jagex when the bots were here, but I am not anymore. If they feel that supporting RSBuddy is going to further decimate the bot community then all the more power to them. I stopped caring so much when they removed the bots, now I am more interested in playing the game than worrying about their actions as a company which is how it should have been in the first place. Good job Jagex and continue to do whatever you can to destroy the botting community. We don't need cheaters in this game ruining everyone's experience.

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Jagex issued a cease and desist against RSBuddy and they complied. The other bot companies are still trying to make bots work. Jagex isn't about retribution against anyone who ever botted or made bots, they just want people to stop it. If the other bot companies didn't try to either sue Jagex stupidly or keep developing bots, they wouldn't be sued. I'm sure they had months of warning from Jagex to stop.

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I've said this many times before. If what Jagex was doing was unlawful, then their court case would've been thrown out a long time ago. Additionally, Paypal information was never distributed to anyone - they just issued cease and desist orders to those who purchased botting software after receiving this information via a court order or also known as a subpoena.

 

I'm glad Jagex is taking such a strong stance against botting because it makes achievements almost meaningless. Yeah, you can say you don't have the time for these goals or that those that do it legitimately are wasting a long of time, but they enjoy doing that, just like people enjoy spending countless hours playing Call of Duty or League of Legends. If you don't like spending countless hours training, then well, deal with it. You aren't strapped to a chair forced to play Runescape. I know my RuneScape account isn't the best, but I'm proud to say I did it all by myself legitimately. We all have to be proud of something right?

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It's not surprising that Jagex had a proper legal position before getting names and sending out the ultimatums. Glad they've made a statement to try and clear things up.

 

Too bad both precedent and U.S copyright law is against them, as I wrote in the "Jagex is suing bots" thread.

 

I actually am currently studying IP law...so ya. DMCA is not talking about botting, but about DRM, and access controll. Jagex would be on legally shaky grounds, considering the lack of predicent, and the PR repercusions, not to mention the burden of proof. Seems more likely they'd try and do what the RIAA does, and try to scare people into settling out of court, but I doubt they'd even take it that far. I'd be more then interested in actually seeing this go to court.

 

As well "Jagex's injunction against Impulse Software has been thwarted because the company does not have a copyright in the US on its game that is circumvented." This from their attempted case in Sept of 2011.

 

In addition "Jagex argued that Impulse use of its iBot breached the DMCA provisions. Again, the court was unpersuaded by Jagex's argument, because Jagex could not rely upon any registered copyright works that needed protection, or that there were any 'technological measures' in place to protect them."

 

"The UK equivalent is the Computer Misuse Act. Jagex's argument seems to have been that, while Impulse itself did not attack the "protected computers" in question (Runescape's servers), they assisted players to attack those servers by providing the bot to them. I won't get into the detail, but the court found against Jagex on this argument as well"

 

In addition, when bot companies have been sued by other games in the past, it wasn't simply for making bots. No, it was more complex.

" In his ruling last summer, Judge Campbell ruled that Glider did not violate the DMCA with respect to the "literal elements" because Warden did not "effectively control" access to those elements: they are stored, unencrypted, on the World of Warcraft disk. But he deferred until this month's trial the question of whether Glider violated the DMCA with respect to the "non-literal elements."

In Wednesday's ruling, Judge Campbell found that Warden did effectively control access to the "non-literal elements." That is, while Warden does not prevent users from accessing the individual elements of the game separately, it does effectively bar users from accessing all of the elements together while playing the game. Therefore, Judge Campbell concluded, MDY violated the DMCA when it evaded warden's checks."

 

However, this was later overturned- The only outcome was that MDY couldn't traffic in these bots under copyright law. "The Ninth Circuit reversed a $6.5 million judgment for Blizzard against MDY Industries, saying that making bots is not copyright infringement. The bad news for MDY? The court found that they did violate DMCA Section 1201(a)(2) (PDF), which prohibits trafficking in products that circumvent technologies designed to control access to copyright-protected works."

 

The reason for the decision against MDY to begin with was because" "So, was the use of glider by a WoW player direct copyright infringement? This question turned on whether Blizzard's End User License Agreement ("EULA") restricted such behavior, and if it did, whether that restriction operated as a condition or a covenant. Since Blizzard's EULA did include such a prohibition, the Ninth Circuit was left to decide whether this prohibition was condition or a covenant."

 

But does RS' ToS contain similar language, strong enough to hold up in court? I don't think so, nor do I think anyone has to worry about being a "John Doe" in one of these cases.

 

I actually do know a bit of whats going on here.

 

Oh, lets not forget, there is NO legal precedent for suing individual bot users, only the manufacturer.

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Oh, lets not forget, there is NO legal precedent for suing individual bot users, only the manufacturer.

There's always a first time. If previous experiences were the only deciding factors in life, we never would have put a man on the moon. :wink:

 

Personally, I'm glad that Jagex is at least trying. If the game manufacturers keep trying, eventually one of them will succeed.

 

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4. Leave RSBuddy exempt from the lawsuits since it's converting to a fansite

5. Act like RSBuddy is the greatest damned thing since sliced bread by mentioning it every chance they get

 

What the hell is that, man. Seriously. What the hell.

6. Realise that praising their efforts might change the rest of the botting communities.

 

Mentioning it every chance? I saw a thread created by another player on the forum that was stickied where Jmods were poking fun at the site -- where else?

 

Why so [bleep]y?

 

Simply because their internal consistencies with fansites is, as demonstrated here, horribly flawed. They're willing to shitcan an entire fansite for the actions of one person, yet espouse another, of which the majority of participants were dedicated to - in their own words - disregard[ing] the terms, conditions, and agreements entered [to play the game].

 

There's something to be said about reformation, which I'm more than happy to agree with - maybe the reformation of one will lead to the reformation of another. However, it lies counter to what they've been about with their whole anti-bot agenda.

 

So please, forgive me if I seem a bit chippy at this; I just can't stand inconsistency.

 

There's really a huge difference between someone creating and hosting a bot site, and someone being convicted of sharing Child Pornography. Ceasing to support the latter is completely understandable.

RIP Michaelangelopolous

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There's really a huge difference between someone creating and hosting a bot site, and someone being convicted of sharing Child Pornography. Ceasing to support the latter is completely understandable.

Agreed, but I can see Makoto's point though. RSBuddy flagrantly violated the rules of the game for a long time, but with little more than an "I'm sorry" were accepted as a fansite with no repercussions.

 

That doesn't work for my kids on me, and it shouldn't work for RSBuddy either.

 

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I think if they don't want bots in the game, then it's up to them to find whatever means they can to stop it.

 

I can understand their position.

 

I just hope the courts aren't dumb enough to allow them to misuse the laws that are in place.

 

If their claims are what is expected for a law to cover, then so be it, but I don't think they should be trying to achieve something on a technicality.

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Oh, lets not forget, there is NO legal precedent for suing individual bot users, only the manufacturer.

There's always a first time. If previous experiences were the only deciding factors in life, we never would have put a man on the moon. :wink:

 

Personally, I'm glad that Jagex is at least trying. If the game manufacturers keep trying, eventually one of them will succeed.

 

I think you fail to understand the difference between precedent and discovery/scientific innovation. Fallacy of analogy, in your case.

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I think the point still stands, however. Precedents must be made at some point, especially with regard to the digital world. There just are not going to be cases to build a precedent upon, as you didn't have these problems 20 or even 10 years ago, and if the legal argument is "there is no precedent" then there never will be.

 

I hate the legal system. <.<

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There's really a huge difference between someone creating and hosting a bot site, and someone being convicted of sharing Child Pornography. Ceasing to support the latter is completely understandable.

 

Kaida23 summed up my point tersely, so I thank him for that. Let's make sure we have this clear though: I'm neither defending nor condoning the actions of this one person. However, reacting like that entire community is at fault is flawed logic, at best. In this example, at least, we have circumstantial evidence that this entire community was doing the very thing Jagex is going to court for. How they can just turn around and then welcome them into the fold (despite it having potentially good side-effects) is mind-boggling.

 

In any event, I'll keep this on topic now...

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Just a reminder, for people who think Jagex is on shaky legal grounds, remember that Jagex has their own lawyers looking over these things. In far greater detail then us, if for no other reason then they have access to more detailed information then us.

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This is looking increasingly like Jagex's coup de grace.


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TBH also I think it's a little weird that RSbuddy is now the most advertised fansite on entire RuneScape.

I wouldn't even be surprised of more J-mods have ever heard about RSbuddy nowadays as about Tip.it for example, especially in about 2 years when 50% of the J-mods from now left the building again I'm affraid RSbuddy is just getting more and more popular by noobs even though we all know how that started.

All such actions make me sometimes wish Jagex was a compagnie with max 20 peoples working in it and all of them listening to Andrew.

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TBH also I think it's a little weird that RSbuddy is now the most advertised fansite on entire RuneScape.

I wouldn't even be surprised of more J-mods have ever heard about RSbuddy nowadays as about Tip.it for example, especially in about 2 years when 50% of the J-mods from now left the building again I'm affraid RSbuddy is just getting more and more popular by noobs even though we all know how that started.

All such actions make me sometimes wish Jagex was a compagnie with max 20 peoples working in it and all of them listening to Andrew.

 

Honestly, most J mods probably know about most of the popular fansites.

 

Up Next: Jagex sues each player who uses foul language in Runescape for $10,000 for each offense :lol:

 

Although from my own research I can say with confidence that Jagex did obtain player information illegally and will lose a DMCA suit on individual players.

 

You don't seem to realize that Jagex probably had half a dozen (or more) lawyers/law-firms which they probably paid $10,000+ to each of them to make sure they didn't obtain it illegally?

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your article was the equivalent of a circumcized porcupine

The only thing wrong with it is the lack of a percentage for when you need to stroke it.

 


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Although from my own research I can say with confidence that Jagex did obtain player information illegally and will lose a DMCA suit on individual players.

Your own research is rubbish. The claim filed by Impulse against Jagex found in favour of Jagex

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So in essence, the lawsuits are really nothing more than a DMCA shakedown effort. Kind of sad, really; I had hoped that they wouldn't decide to stoop that low.

 

I'm a bit confused about the RSBuddy part:

 

1. Make botting site dedicated to everything Jagex stands against

2. Have massive botting community where owners profit heavily from Jagex's game

3. Announce lawsuits against other botting sites/companies

4. Leave RSBuddy exempt from the lawsuits since it's converting to a fansite

5. Act like RSBuddy is the greatest damned thing since sliced bread by mentioning it every chance they get

 

What the hell is that, man. Seriously. What the hell.

 

I guess they consider RSBuddy as a major victory, and like to flaunt it whenever they can.

You don't find it odd how:

Mod MMG advertised RSBuddy on the RSoF?

Jacmob knew since the nuke that he would not return his bot, but chose to lie about it.

Jacmob now claims to be working with Jagex to prevent bots in the future.

RSBuddy does a complete 180 and is now a RuneScape fansite.

 

^ Smell something fishy?

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