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ddoplayer98
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Legal Case Against Dupers
Aug 14th, 2020 at 8:53pm
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Wow... SSG I am terrified...

On a real note, after speaking with a civil litigation attorney, sadly in the United States SSG has no civil case... Sad

Though if you ever got scammed by someone selling duped items, you can file a civil case against SSG for allowing an environment in which fraudulent activities occurred.
  
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Re: Legal Case Against Dupers
Reply #1 - Aug 14th, 2020 at 9:10pm
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Not so! Just as Kistilan! You can sue anyone, for anything, for any reason, regardless of what the law, common sense, or reality dictates!!!

I kid.

But I think it is cool you talked to a lawyer(thats one step further than kisty's gone in his suit against the Vault) if you check out this other thread http://www.ddovault.com/cgi-bin/yabb2/YaBB.pl?num=1597341458 where we're talking about the thread you screenshotted.

I'm curious if your attorney came to the same conclusions I did: that because the boxes are bought with "points" and the points have no cash value, then the boxes have no value.
  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #2 - Aug 14th, 2020 at 9:34pm
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https://prnt.sc/tzvj02

sums it up pretty well
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Re: Legal Case Against Dupers
Reply #3 - Aug 14th, 2020 at 9:57pm
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Haha, 'bout time someone brought it up! Ah that thread is funny. That "myliftkk_v2" is a fucking retard.

Now yes, this is America and anyone can open a lawsuit against anyone for any reason. SSG could hypothetically make a case that you guys "damaged their sales" but they would have to show that(which would be EXTREMELY difficult to prove). I know at least one of you is in Canada, so we are talking about an international lawsuit they are very unlikely to win.

Probably not worth the effort, given that they'd be looking at over $50,000 in legal fees just to get started, and that's just for their legal team to tell them they will never win enough money to be worth it.
  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #4 - Aug 14th, 2020 at 10:16pm
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noamineo wrote on Aug 14th, 2020 at 9:57pm:
SSG could hypothetically make a case that you guys "damaged their sales" but they would have to show that(which would be EXTREMELY difficult to prove)


You mean like how Fortnite sued the bejesus out of a 14 year old and settled out of court (because obviously his parents paid for his mistakes).  It's very similar to your dupe exploits and the argument of violation of copyright and potentially ruining the experience for other games and profiting by selling items that otherwise could be sold by SSG (or they could sell other items to you in order for you to grind to obtain those items in the actual intended mechanics).

https://www.bbc.com/news/technology-49972407
  

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Re: Legal Case Against Dupers
Reply #5 - Aug 14th, 2020 at 10:52pm
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There isn't a single District Attorney or Federal court that would touch this with a 10ft pole, the chances a criminal suit gets overturned on appeal are too high, and SSG doesn't have anything of value to lobby for a criminal case.

Not to mention the fact that in order to receive compensation for damages you have to be able to prove damages occurred.
  
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Re: Legal Case Against Dupers
Reply #6 - Aug 14th, 2020 at 10:58pm
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ddoplayer98 wrote on Aug 14th, 2020 at 10:52pm:
There isn't a single District Attorney or Federal court that would touch this with a 10ft pole, the chances a criminal suit gets overturned on appeal are too high, and SSG doesn't have anything of value to lobby for a criminal case.


You realize this isn't a criminal offense, it's a civic offense through the TOS.

So yes, just like Fortnite spanked a 14 yr old boy and his mom who was pro se'n his sorry butt, SSG has some room to push on players selling digital items for currency as a business.

Sorry francis, I was reading through the DDO TOS (Turbine), DL'n the client to see if there's an updated one.  Else, the lawyers that did the switch from Turbine likely have an assumption paper, not required to be shown, that states Turbine's TOS is SSG's TOS.

Ya'll are pretty brazen to have a publicly-viewable series of posts (stickied) that clearly outline dupe entrepreneurs.  It doesn't matter about your anonymity, I think they can get you through spanking Strake for being a host to this nonsense.

https://www.ddo.com/en/dungeons-and-dragons-online-united-states-terms-service&n...;  <-- The old Turbine TOS, kinda says a few things you might wanna read up on and consult with a lawyer if you've a case of the "Imma getchyas" in your spidey sense.

But don't take it from me, read some answers regarding selling digital items, copyright law and TOS from the legal stack exchange.

https://law.stackexchange.com/questions/12098/is-it-legal-to-sell-game-items-for
-real-money
  

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Re: Legal Case Against Dupers
Reply #7 - Aug 14th, 2020 at 11:02pm
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Kistilan wrote on Aug 14th, 2020 at 10:16pm:
You mean like how Fortnite sued the bejesus out of a 14 year old and settled out of court (because obviously his parents paid for his mistakes).  It's very similar to your dupe exploits and the argument of violation of copyright and potentially ruining the experience for other games and profiting by selling items that otherwise could be sold by SSG (or they could sell other items to you in order for you to grind to obtain those items in the actual intended mechanics).

https://www.bbc.com/news/technology-49972407

That is not even a tiny bit similar. Epic didn’t win any of its lawsuits and a big part of its case was that the code for the cheating copied from their game and was an infringement on their IP. There is no copyright infringement here and you’re talking out your ass. I’m also talking out my ass, but in this case, I happen to be right.
  
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Re: Legal Case Against Dupers
Reply #8 - Aug 14th, 2020 at 11:02pm
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Kistilan wrote on Aug 14th, 2020 at 10:16pm:
blah blah blah i'm an idiot who doesn't understand the law or how to make comparisons.

https://www.bbc.com/news/technology-49972407


Some basic details:

*The cheats being used involved modifying game code, which is legally VERY different from exploiting a bug in the code(which kisty cannot understand because he is a fucking retard)

*Fortnite is a COMPETITIVE game or "esport", the industry is currently trying to make it legal to GAMBLE on esports, ergo cheating must be far more tightly controlled. DDO is not competative nor is it an esport(again, points kisty is far too stupid to comprehend)

*The case "settled out of court" which is code for "got the kid to fucking stop doing it and maybe made his parents cough up a few bucks"

*The legal action DEFINITELY cost Epic Games several times more than any settlement they could possibly get out of it, which they are fine with because they stand to make way more money in the future and they are a big company with big lawyers. SSG is a small company with tight margins. All economic considerations that an absolute total and complete retarded fucking halfwit like KISTILIN is incapable of understanding.



tl:dr kisty is a retarded sack of crap and SSG can't afford to sue anyone.
  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #9 - Aug 14th, 2020 at 11:04pm
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NOTpopejubal wrote on Aug 14th, 2020 at 11:02pm:
and you’re talking out your ass.


Be nice, that's the only orifice he can speak through after his ex-wife knocked all his teeth out.
  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #10 - Aug 14th, 2020 at 11:05pm
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Kistilan wrote on Aug 14th, 2020 at 10:58pm:
You realize this isn't a criminal offense, it's a civic offense through the TOS.

So yes, just like Fortnite spanked a 14 yr old boy and his mom who was pro se'n his sorry butt, SSG has some room to push on players selling digital items for currency as a business.

Sorry francis, I was reading through the DDO TOS (Turbine), DL'n the client to see if there's an updated one.  Else, the lawyers that did the switch from Turbine likely have an assumption paper, not required to be shown, that states Turbine's TOS is SSG's TOS.

Ya'll are pretty brazen to have a publicly-viewable series of posts (stickied) that clearly outline dupe entrepreneurs.  It doesn't matter about your anonymity, I think they can get you through spanking Strake for being a host to this nonsense.

https://www.ddo.com/en/dungeons-and-dragons-online-united-states-terms-service   <-- The old Turbine TOS, kinda says a few things you might wanna read up on and consult with a lawyer if you've a case of the "Imma getchyas" in your spidey sense.

But don't take it from me, read some answers regarding selling digital items, copyright law and TOS from the legal stack exchange.

https://law.stackexchange.com/questions/12098/is-it-legal-to-sell-game-items-for
-real-money

Holy shit, did you even read your own link?  You are so bad at this.
  
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Re: Legal Case Against Dupers
Reply #11 - Aug 14th, 2020 at 11:10pm
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He did not. See my last post, RE: "Kistilin is a moron".

Oh, sorry kisty, gonna sue me now, too?
  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #12 - Aug 14th, 2020 at 11:23pm
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NOTpopejubal wrote on Aug 14th, 2020 at 11:02pm:
That is not even a tiny bit similar. Epic didn’t win any of its lawsuits and a big part of its case was that the code for the cheating copied from their game and was an infringement on their IP. There is no copyright infringement here and you’re talking out your ass. I’m also talking out my ass, but in this case, I happen to be right.


Let me explain the claims you'll be defending if you dupe items and sell them for profit, per my earlier citations.

1.  Copyright is infringed upon by duplicating an item that is digitally copyrighted in the game. 

2.  You are profiting by selling the items, explicitly forbidden in the Turbine TOS I read and the cases I cited including the 14 yr old Fortnite kid very much reinforce this notion of a positive claim against defendant that will be found valid.

3.  The kid's age helped him get his $150K pending judgment (that his parents were appointed guardianship over) reduced significantly in arbitration.  What that is, I don't know, but I sure know it was $5 and probably not $500.  The lowest I could see is $5K and it was probably something more like $15,000, which the kid had in his bank account through the youtube monetization.

4.  I'm assuming most of you are not 14 and are indeed 35-46 since we've all been in the same circle/game for 10+ years and most of you started playing in your twenties or early thirties.

5.  I do not expect a judge to be lenient on unethical, middle-aged men for breaking TOS explicitly, mocking it on alternate forums and mocking the company in general on the alternate forums repeatedly.  Every yuck here costs you.

  

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Re: Legal Case Against Dupers
Reply #13 - Aug 14th, 2020 at 11:31pm
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Kistilan wrote on Aug 14th, 2020 at 11:23pm:
Let me explain the claims you'll be defending if you dupe items and sell them for profit, per my earlier citations.

1.  Copyright is infringed upon by duplicating an item that is digitally copyrighted in the game. 

2.  You are profiting by selling the items, explicitly forbidden in the Turbine TOS I read and the cases I cited including the 14 yr old Fortnite kid very much reinforce this notion of a positive claim against defendant that will be found valid.

3.  The kid's age helped him get his $150K pending judgment (that his parents were appointed guardianship over) reduced significantly in arbitration.  What that is, I don't know, but I sure know it was $5 and probably not $500.  The lowest I could see is $5K and it was probably something more like $15,000, which the kid had in his bank account through the youtube monetization.

4.  I'm assuming most of you are not 14 and are indeed 35-46 since we've all been in the same circle/game for 10+ years and most of you started playing in your twenties or early thirties.

5.  I do not expect a judge to be lenient on unethical, middle-aged men for breaking TOS explicitly, mocking it on alternate forums and mocking the company in general on the alternate forums repeatedly.  Every yuck here costs you.


Let me explain that Epic has not won any cases where it brought suit and your wild speculation on how much the kid settled for are exactly that - wild speculations.

If you want to show some evidence that there is a legal case to be made (either civil or criminal), then bring an example of a duper who lost an actual trial (not just settled for an undisclosed amount).   You are making claims with no support.
  
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Re: Legal Case Against Dupers
Reply #14 - Aug 14th, 2020 at 11:35pm
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NOTpopejubal wrote on Aug 14th, 2020 at 11:31pm:
If you want to show some evidence that there is a legal case to be made (either civil or criminal), then bring an example of a duper who lost an actual trial (not just settled for an undisclosed amount).   You are making claims with no support.


First, YouTuber “Golden Modz” admitted to posting videos promoting Fortnite cheats and hacks. Instead of pushing for a huge fine, Epic Games signed a deal with the defendant, in which the YouTuber must pay $5,000 if he develops, promotes, or links to any Fortnite cheating tools.Aug 8, 2019

And then he violated it.  He paid at least $5K.

And your wild speculation defense is now dismissed.

NEXT?
  

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Re: Legal Case Against Dupers
Reply #15 - Aug 14th, 2020 at 11:36pm
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As far as I have found, no one has ever been successfully sued for duping in an MMO or for selling duped items in an MMO. Please feel free to show me one that I missed. There have been lots of MMOs with duping problems and those MMOs were run by studios with much bigger pockets and legal teams than SSG has.

Fuck, I’m not even duping. I just dislike the dumb shit you’re saying here.
  
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Re: Legal Case Against Dupers
Reply #16 - Aug 14th, 2020 at 11:36pm
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So let me just outline this for you, since I spoke with real attorneys and they got paid to do real research...

SSG has no criminal case, no laws have been violated, and the state would be hard pressed to file criminal charges, even if they somehow found some obscure law, and even if a conviction occurred, it would be immediately overturned on appeal, so the state would never bother with such a case.

As for a civil case, SSG would need proof monetary transactions occured, they would have to verify these transactions, and it would all have to be done in the discovery phase of a civil suit, it would take a court order, and months of appeals before even a simple bank would allow SSG access to financial records, lord knows what kind of hoops a company like Zelle or PayPal would go through to not share financial information with a court, not to mention the fact that SSG would spend hundreds of thousands of dollars and years on appeals before they ever saw a dime of money, even if all they wanted to do was make a point, there most recent tax reports to the IRS for fiscal year 2019 demonstrate they do not have the financial means to litigate a case like this with any success, oh and btw Krissy, a good legal adviser would have actually reviewed information like SSGs financial standings and its culpability.

You are also forgetting, if SSG sues and loses a lawsuit, they automatically become liable for seeking a frivolous lawsuit and can then be counter sued for an obscene amount of money...
  
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Re: Legal Case Against Dupers
Reply #17 - Aug 14th, 2020 at 11:39pm
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Kistilan wrote on Aug 14th, 2020 at 11:35pm:
First, YouTuber “Golden Modz” admitted to posting videos promoting Fortnite cheats and hacks. Instead of pushing for a huge fine, Epic Games signed a deal with the defendant, in which the YouTuber must pay $5,000 if he develops, promotes, or links to any Fortnite cheating tools.Aug 8, 2019

And then he violated it.  He paid at least $5K.

And your wild speculation defense is now dismissed.

NEXT?

So this would be a civil suit against someone for a violation of a contract that he signed with the company (which is quite a bit different than a TOS type of contract). Please feel free to show your source that he paid $5000 or more. Actual evidence, please. Not just “I totally know he paid at least $5000 it’s just common sense hurr durr”
  
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Re: Legal Case Against Dupers
Reply #18 - Aug 14th, 2020 at 11:45pm
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Kistilan wrote on Aug 14th, 2020 at 11:23pm:
Let me explain the claims you'll be defending if you dupe items and sell them for profit, per my earlier citations.
[quote author=45677D7A67626F600E0 link=1597452781/12#12 date=1597461781]
1.  Copyright is infringed upon by duplicating an item that is digitally copyrighted in the game. 


That's not how copyrights work. Again: less knowledge of the law than a tub of moldy sour cream.

Kistilan wrote on Aug 14th, 2020 at 11:23pm:
2.  You are profiting by selling the items, explicitly forbidden in the Turbine TOS I read and the cases I cited including the 14 yr old Fortnite kid very much reinforce this notion of a positive claim against defendant that will be found valid.


A. Turbine does not own DDO. It was sold to Standing Stone Games. Turbine's TOS means all of jack and shit in this argument.

B. SSG's TOS is not a legally-binding contract and the ONLY thing Standing Stone Games can do if you violate it is ban you from the game.

C. The crime committed in the case you keep citing involved editing source code. Since this is the second or third time this has had to be pointed out to you, obviously that means you are way too stupid to understand how that's different. I'd give you an example, but I can't think of one simple enough for your to understand.

Kistilan wrote on Aug 14th, 2020 at 11:23pm:
3.  The kid's age helped him get his $150K pending judgment (that his parents were appointed guardianship over) reduced significantly in arbitration.  What that is, I don't know, but I sure know it was $5 and probably not $500.  The lowest I could see is $5K and it was probably something more like $15,000, which the kid had in his bank account through the youtube monetization.


The case was settled out of court because Epic Games could not have won it as what the kid did is not what is called an "Actionable offense", IE not something they could actually sue over. Now, this is America, anyone can file a lawsuit against anyone for any reason, whether or not they have anything that remotely resembles a legal case. A company like Epic can afford to dumb hundreds of thousands of dollars into a case like that, and whether or not the court finds in their favor does not matter to the kid's family, because they will have been buried in tens of thousands of dollars in legal fees. They settled "out of court" to avoid GOING to court and thus substantially cut down on the legal fees.

We will never know what the settlement was, but I can bet you it was probably something along the lines of "take down the website and sign a paper saying you won't do it again". Because, again, what he did isn't actually breaking the law.

Kistilan wrote on Aug 14th, 2020 at 11:23pm:
4.  I'm assuming most of you are not 14 and are indeed 35-46 since we've all been in the same circle/game for 10+ years and most of you started playing in your twenties or early thirties.


I would remind you what they say about the word "assume", but you're already an ass. I'm one, too, but still.

Kistilan wrote on Aug 14th, 2020 at 11:23pm:
5.  I do not expect a judge to be lenient on unethical, middle-aged men for breaking TOS explicitly, mocking it on alternate forums and mocking the company in general on the alternate forums repeatedly. 


A judge was never involved in that case. See: "less knowledge of the law than a tub of moldy sour cream".

Listen, dumb-dumb: "settled out of court" means "A judge was not involved". You're going to learn this the hard way when whatever lawyer cheats you out of the money you stole by pretending to be a veteran "settles out of court" with strake's much better layer and gets you to sign a letter saying you're sorry for being a butt-wipe so that Strake doesn't counter-sue you.

Kistilan wrote on Aug 14th, 2020 at 11:23pm:
Every yuck here costs you.


No, I'm pretty sure laughing at you is free.

  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #19 - Aug 14th, 2020 at 11:47pm
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NOTpopejubal wrote on Aug 14th, 2020 at 11:36pm:
Fuck, I’m not even duping. I just dislike the dumb shit you’re saying here.


Are you a buyer then?

Even if you omit the duping part, the real stickler is enrichment of the self through selling an item that is prohibited in the ToS.

And a ToS is a contract to operate within the game.  It states minimum levels of service and what is and isn't permissible using the platform.

I'm just addressing both claims.  I also copied that text off Google, go find it yourself I'm not going back for it.

But here's the original RIPE FOR DISPOSITION by Epic vs 2 Users (not the 14 yr old).

Tell me again why it's only 1 person and it was "not a win" when arbitration means someone paid and you bet it wasn't Epic for falsely accusing the kid.  The mom got to pay some hefty lawyer fees to avoid paying a $150K fine.

https://casetext.com/case/epic-games-inc-v-lucas <-- Lucas and Company
  

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Re: Legal Case Against Dupers
Reply #20 - Aug 14th, 2020 at 11:48pm
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ddoplayer98 wrote on Aug 14th, 2020 at 11:36pm:
So let me just outline this for you, since I spoke with real attorneys and they got paid to do real research...

SSG has no criminal case, no laws have been violated, and the state would be hard pressed to file criminal charges, even if they somehow found some obscure law, and even if a conviction occurred, it would be immediately overturned on appeal, so the state would never bother with such a case.

As for a civil case, SSG would need proof monetary transactions occured, they would have to verify these transactions, and it would all have to be done in the discovery phase of a civil suit, it would take a court order, and months of appeals before even a simple bank would allow SSG access to financial records, lord knows what kind of hoops a company like Zelle or PayPal would go through to not share financial information with a court, not to mention the fact that SSG would spend hundreds of thousands of dollars and years on appeals before they ever saw a dime of money, even if all they wanted to do was make a point, there most recent tax reports to the IRS for fiscal year 2019 demonstrate they do not have the financial means to litigate a case like this with any success, oh and btw Krissy, a good legal adviser would have actually reviewed information like SSGs financial standings and its culpability.

You are also forgetting, if SSG sues and loses a lawsuit, they automatically become liable for seeking a frivolous lawsuit and can then be counter sued for an obscene amount of money...


So literally exactly everything I've been saying.

Thanks, pal! A little vindication just made my day.
  

I'll never understand the propensity of people to brag about being good at a video game. Its a toy you play with for fun. The only person who should be proud of you is your mother. If you're 3.
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Re: Legal Case Against Dupers
Reply #21 - Aug 14th, 2020 at 11:56pm
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noamineo wrote on Aug 14th, 2020 at 11:45pm:
That's not how copyrights work. Again: less knowledge of the law than a tub of moldy sour cream.


MMmkay....  Grin

noamineo wrote on Aug 14th, 2020 at 11:45pm:
A. Turbine does not own DDO. It was sold to Standing Stone Games. Turbine's TOS means all of jack and shit in this argument.

B. SSG's TOS is not a legally-binding contract and the ONLY thing Standing Stone Games can do if you violate it is ban you from the game.

C. The crime committed in the case you keep citing involved editing source code. Since this is the second or third time this has had to be pointed out to you, obviously that means you are way too stupid to understand how that's different. I'd give you an example, but I can't think of one simple enough for your to understand.



You are terrible at reading.  I addressed A and B already.  You probably haven't viewed the legal agreement that was signed, but I'm willing to bet there is an Assumption Agreement that states Turbine's TOS Agreement is assumed by SSG.  There is no reason to believe the TOS, if not updated, is not actually enforceable.  They acquired a major asset.  There is an Assumption Agreement internally that will hammer you under Turbine's TOS you originally agreed to.

C.  The crime is 1. cheating 2. enrichment.   The mode in this doesn't matter.  Stop getting hung up on the details, of course every game is different.  But an exploit is an exploit and enrichment is enrichment.   There is some wiggle room in 3rd party cheating software vs exploiting a broken game mechanic, but the enrichment is 1 for 1.  He had a business selling exploits and showing them on his YouTube channel with 1.7M subscribers.  He made some serious cash.    Now your little Dupers may not be raking in thousands every day, but you're still operating a business through an act explicitly stated as not allowed in the original TOS (selling items for money).   Actually operating as a business notches this up one more level and allows precedent in Epic's outcome to really drive this toward a favorable ruling for SSG against anyone it files suit.

noamineo wrote on Aug 14th, 2020 at 11:45pm:
A judge was never involved in that case.


If the case goes to deposition, a judge actually will be involved in the case.  You're the King of Wishful thinking here.

noamineo wrote on Aug 14th, 2020 at 11:45pm:
Listen, dumb-dumb: "settled out of court" means "A judge was not involved".


HAVE YOU EVER GONE TO COURT?!?!

Fuck.   I have settled OUT OF COURT 3 times, and it was IN A COURT.  The judge asked if we wanted to arbitrate, and I said "Sure" and the plaintiff or defendant said "Sure"  and I got what I wanted without a judgement or hearing, saving the Judge a boatload of time and decision work.
« Last Edit: Aug 14th, 2020 at 11:57pm by Kistilan »  

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Re: Legal Case Against Dupers
Reply #22 - Aug 15th, 2020 at 12:03am
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I think the case against duping has about as much merit as a case against photocopying monopoly money.
« Last Edit: Aug 15th, 2020 at 12:33am by 5 Foot Step »  

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Re: Legal Case Against Dupers
Reply #23 - Aug 15th, 2020 at 12:11am
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How is it that an expert in everything is also somehow a failure at everything?

Hmmmm. Roll Eyes
  
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Re: Legal Case Against Dupers
Reply #24 - Aug 15th, 2020 at 12:21am
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Strake wrote on Aug 15th, 2020 at 12:11am:
How is it that an expert in everything is also somehow a failure at everything?

Hmmmm. Roll Eyes

  

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