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++METHOS
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PostPosted: Wed Mar 01, 2017 9:25 pm    Post subject: Reply with quote

Earning money is not a prerequisite for infringement. And as previously stated, it is not always so cut and dry:

++METHOS wrote:
Aside from your standard, intellectual property infringement -- patent, copyright & trademark violations (even a simple image in a trainer can qualify), you also have proprietary protection schemes for DLC and other micro-transactions that do not fall under the same classification as typical fair usage rights. Couple that with online components -- subscriptions (profit loss), server-sided data manipulation (illegal tampering) and just about anything that can be used to make a claim (legitimate or not), and that makes for a lot of ammunition.

Unfortunately, a lot of what we do might fall under a legal, gray area -- especially when you have offline, single player games that also have online components that happen to use the same instructions for handling that same data. I will not mention any examples for obvious reasons, but this poses a real problem for publishers that never intended for their work to be used in an online environment.

If we write a script or a trainer that allows players to alter the money value for their offline, single-player game, and they end up using it for the online mode, then we may have no control over that. For example, a game that is designed deliberately in such a way, making in-game cash generation for the online portion of the game to be such a grind, but because the cash is such an integral part of the game and is ultimately the focus and driver for success, that the developers are able to capitalize on that opportunity by issuing real cash exchanges for in-game currency.
When the cash value is being handled by the same instruction for both, offline and online modes, and that data can be manipulated at the client level, then that makes for a very weak argument from a legal perspective.

CE and most of what gets published on CEF are tools, and should be classified as such. What you do with those tools is another matter. Just as a gun or a car or a VCR are all tools that can be used to do illegal things -- that should not make them illegal to purchase or sell. What you do with those tools is what matters. The person selling those tools should not be held liable.

It is obvious that some tools are designed for the purpose of circumvention and other questionable activities, which is why online games and warez are and should be prohibited for discussion.


I believe that all of this should be settled soon, once DB has had a chance to discuss the specifics and is able to take the appropriate measures to rectify the situation.
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darkedone02
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PostPosted: Wed Mar 01, 2017 9:35 pm    Post subject: Reply with quote

Mrantifun actually replied to this suituation here.

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ColonelRVH
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PostPosted: Wed Mar 01, 2017 10:13 pm    Post subject: Reply with quote

Guess this time might be the same then.

I wonder how's darkbyte doing.

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Sigan.Q
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PostPosted: Wed Mar 01, 2017 11:36 pm    Post subject: Reply with quote

The whole thing seems a bit off to me. Lawyers don't typically set up DDoS attacks. If a company feels like a case is worth pursuing, they're going to want to protect their image in court. You're not likely to get a DDoS attack as a legal repercussion to an accusation that hasn't yet been tried. Even if you were found guilty for something, the court would set a date by which to have a site taken down, and then you'd have the appropriate amount of time to comply.

Further, a lawyer has to point out specifically what you're being accused of so that you can form a proper defense. They can't say you're guilty of some sort of copyright infringement without specifying in what way you've infringed.

Keep in mind, most lawyers get paid by the hour, and it's in their best interest to make sure documents are impeccably detailed.

I think CE.org has been tricked.
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apollo1
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PostPosted: Thu Mar 02, 2017 12:34 am    Post subject: Reply with quote

Sounds like one of those bullshit copyright claims on youtube. People who dont even own the content of someones video somehow is able to report that it is their content and youtube doesn't even bother to review it before they take it down. Just an entirely flawed system of review because youtube got so big its doesnt even care about the little guy anymore.
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Alauniira
How do I cheat?
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PostPosted: Thu Mar 02, 2017 3:42 am    Post subject: Reply with quote

Sadly this issues hold recifense down to update the new tw warhammer trainer for the new version :/
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Nibelton
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PostPosted: Thu Mar 02, 2017 4:15 am    Post subject: Reply with quote

Sigan.Q wrote:
Lawyers

what lawlyers ? no1 said a thing about them. because they arent.
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Semel
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PostPosted: Thu Mar 02, 2017 5:06 am    Post subject: Reply with quote

Memory modifications of a game you own do not violate DMCA. It's not specified there at all. It's horseshit.
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Alastair412
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PostPosted: Thu Mar 02, 2017 5:07 am    Post subject: Reply with quote

A couple of random thoughts:
* Get professional legal advice. Smartasses on a forum don't cut it. Don't count on fair dealing over e-mail
* Per Ken White, a lawyer who blogs at Popehat.com, vagueness in legal threats is the hallmark of thuggery
* The legal theory that CE itself is infringing on their partner's copyrights is very unlikely to stand up in court. However, getting that notion tested in court is expensive; borderline bogus legal threats are based on this principle. This is why you need legal advice.
* The legal theory that using a particular cheat table creates an unauthorized derivative work is probably also very unlikely to stand in court. Nonetheless, the same issue of economic lawfare applies
* As the host of the forum, you could probably claim safe harbor under the DMCA, section 512, meaning DB isn't liable for other users posting cheat tables. This would in turn require a complainant to send specific DMCA takedown notices. Which can be challenged. But to verify this theory, you need legal advice
* Get professional legal advice.

I don't believe for one second that the notion of using a memory browser to modify in-memory values of software executed on one's private PC representing copyright infringement would stand up to scrutiny in courts. However, tables that unlock paid content could be vulnerable for a variety of reasons, beyond just copyright. Cheats affecting multiplayer are equally likely to be open to legal challenge, again not necessarily purely on copyright grounds.

If DB has grounds to assume that theesa, which represents much of the industry, is acting in good faith and not just trying to conduct lawfare, I would propose, as a resolution, that going forward, tighter moderation will seek to remove any tables or trainers that unlock paid content, and propose a simple process by which theesa can raise issues directly with the moderation team if they miss something. I would however stand my ground on the principle that no software provider is entitled to determine what each individual user does with content executed in-memory on their private systems (single player cheats). If that were not an acceptable good faith resolution, I'd lawyer up. But that's just me.

Good luck. And get professional legal advice.
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blanketghost
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PostPosted: Thu Mar 02, 2017 6:01 am    Post subject: Reply with quote

Alright, I have this account for a while but mostly lurk. From I am able to gather from the grapevines and heard from unsavoury places of the internet. I think at this moment, there are some possibilities:

1) DDoS and DMCA are separate cases at happened at the same time, some asses had fun and Zenimax (will get to this later) just have the most terrible idea. Ill luck upon us indeed.

2) DMCA is fake, but a remarkably well-done fake that DB fell for it. Sometime people went the length for lulz and giggles like the old 4chan churning out hoaxes for news to eat it up.

3) Worst possible case. DMCA is real for the reason I would advise you guys to grab your tin foil hats, this is going to be a long speculative post:

Seems stuffs has been going on in the underbelly side of gaming. I have heard of cracker teams taking dosh from big AAA companies to delay their releases, but only the leader of the team gets the dosh while the rest gets nothing, differences in ideals, and cracker teams falling out and forming new teams. The scattered crackers and underground mention that AAAs are up to something, but this is just a rumour or maybe just a random post.

While it is weird that according to DB, it was Beth leading the other AAAs. Zenimax has a mean streak of suing smaller companies and letting their subs take the heat. This could be the case. This could mean the worst nightmare of the free cheaters. Maybe AAAs are planning for the 'paid in-game cheats'. While this seemed ridiculous at first, remember the Horse Armour fiasco from Beth/Zenimax? And how from 'nobody is going to buy that' to the current gaming climates turned to DLC fest. Same thing might be happening again, and this time, it is cheat they plan to profit from. They tried to push the 'Paid Mod' once, but that did not worked out, so maybe they are trying it from the other angle.

I do not know if CH also got hit or what. If anybody can get the news from that side, that would be great. Aaand, that's that. Could just be me getting too imaginative. Maybe it is just the goons or someone else doing it for lulz and giggles.
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STN
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PostPosted: Thu Mar 02, 2017 6:35 am    Post subject: Reply with quote

darkedone02 wrote:
Mrantifun actually replied to this suituation here.

http://puu.sh/uqcpR/af853e1f34.png


Deviated also replied to the situation here (seems very important to DB's situation and you all should see it - im trying really hard to make you all give it importance (why won't you?) )


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Hatschi
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PostPosted: Thu Mar 02, 2017 7:42 am    Post subject: Reply with quote

What happened to the tables outside the forum? The tables you could had access at the main website of CE. Anyway to still download them?
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Viloresi
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PostPosted: Thu Mar 02, 2017 7:50 am    Post subject: Reply with quote

STN wrote:
Deviated also replied to the situation here (seems very important to DB's situation and you all should see it - im trying really hard to make you all give it importance (why won't you?) )


So I think maybe this is just a fake notice from a bunch of ddosers that are trying to monopolize their business if you know what I mean (since I don't know what business you could improve by deleting a community made for singleplayer cheats).
Aniway I think that deviatted site is being ddosed too, since I can't connect to it?
Maybe these are botnets , and this stuff is very illegal ... I'm starting to think that there are involved some kinda of chinese cheat sellers xD.
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Griffihn
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PostPosted: Thu Mar 02, 2017 7:58 am    Post subject: Reply with quote

Dark Byte wrote:
they did reply to my reply, stating they are pleased with my cooperation, so that means the domain the email came from is valid(theesa.com) and they acknowledge that they sent it.

but as of yet have not pointed out anything specific


speaking from a legal standpoint, you do know that they have to actually provide you with every infringing element (the file that caused the infringement, the date it was reported and each and every law it broke, with the article number from the international law code and the ToS for each company it is supposed you infringed upon). without actually providing this, there is no legal recourse that they can actually take. and in giving you that information, you can also check with each company in question to see if the claims are valid and if they are, only then are you supposed to "collaborate" in any manner. somehow, from what i've read in this thread, they did no such thing. getting a reply from a "valid" email (which, if you want, i can show you how to make one within 3 days) means nothing.
also, there are 2 things missing in all of this: written confirmation from each company that supposedly had their rights infringed upon (and i do mean all of them, stating each and every article that has been called into question) and a written (not emailed but paper written) document stating any and all accusations brought upon you as a physical person and detailing your connection to both the infringing material and the website (or in this case forum) that hosts (or helps propagate) said material.

if i made any mistakes, i'm sorry. this is about as much as my dad was able to explain to me (military lawyer) so i don't really know how accurate it is but i do hope it helps.
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Csimbi
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PostPosted: Thu Mar 02, 2017 9:03 am    Post subject: This post has 1 review(s) Reply with quote

You have the right to sue whoever put you under DDOS attack.
You run a legal web site, the attackers are the bad guys.
Easy-peasy.

First off, I don't think a cheat table constitutes derived work in any sense.
Remember that CE - and any similar tools before CE - can't add any content to the games there were not there in the first place(!).
That's what the modding sites and communities are for.
You have to ask: what is CE, really?
A free tool to modify a few values in the memory of your own PC only.
Plus the table that contains these offsets - which is also free.
How is that different from the 'poke xxxx yy' that was posted as plain text before CE came along, since the days of C64?
The only difference is that you get the patches wrapped in the XML file.
What I don't understand is this: It did not really bother anybody for nearly three decades; how come Bethesda is suddenly making these claims?
Mods are there for moddable games. Mods exist even for games that are not officially moddable. Either way, all these mods are in fact derived work, they are also free like the cheat tables yet those somehow just don't bother them.
If that email was indeed from Bethesda (do verify with with their PR and do CC an investigative reporter right away), then I wonder what's going on inside that company... I smell general incompetence.

Moving on...

For the record, I have never accepted any agreement from Bethesda (or any other greedy corporation) that would prevent me from doing any derived work.
I don't think you or any other users did - nor were you required to accept such thing - nor can they require you to do so.
In the EU, these cases are easily dismissed in court because a) these clauses are usually buried in the terms of use in a language people can't understand and b) if we followed these rules, there would be no competition that drives innovation and we'd be still riding carriages like in the middle ages, lol

Move the server to the EU and these US-based greedy hypocrites won't be able to touch you.
Better yet, move it to the east. China blocks tons of Google traffic - I would imagine, indexing, too - so CE would not be the first hit every time someone is trying to find a cheat.
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