Gran Turismo 5 box art provided by reviewers which gives us a hint that the game is nearly ready to be released.
The following is a video showing all the trophies available in GT5.
The critical point is that WoWGilder did not contributorily or vicariously lead to violating any rights granted under the Copyright Act. Unlike speed-up kits, there was no creation of an unauthorized derivative work, nor was a copy made even under the Ninth Circuit's misinterpretation of RAM copying in the MAI v. Peak case. How one might ask can there be a violation of the Copyright Act if no rights granted under the Act have been violated? Good question.While the appeal in that case is still ongoing, it appears that Blizzard is using that precedent to go after more folks who have made tools for "cheating." The company recently banned thousands of players from Starcraft II for allegedly using such cheat codes, but reader Jay was the first of a bunch of you to point out that it's also suing three creators of cheat codes using the same dubious claims of copyright infringement.
To get to its result, the court had to first find that WoW, even though sold over the counter, was licensed not sold. In so finding, the court declined to follow the recent Vernor opinion in the Western District of Washington, believing it had to follow other Ninth Circuit precedent. I agree with the Vernor court that the other precedent (MAI, Triad, Wall Data) do not hold that over the counter software is licensed, not sold. (WoW may be purchased online too, but I don't think this changes the analysis.). Having found there was license not a sale, there still had to be a breach of the license in order to permit an infringement action to lie, and recall here that the claim is not one for direct infringement, but rather secondary liability; there was no privity between the parties. There was in fact no provision in the license that barred use of WoWGlider. The court took the extraordinary step of stitching together two unrelated provisions to create one. You have to read it to believe it, but it took the court 8 pages to go through this hard work, and why? Was the court offended by what it regarded to be cheating? If so, God help us if law is being reduced to such subjective, non-statutory grounds.
When users of the Hacks download, install, and use the Hacks, they copy StarCraft II copyrighted content into their computer's RAM in excess of the scope of their limited license, as set forth in the EULA and ToU, and create derivative works of StarCraft II.Pick apart that sentence carefully. In order to make this a copyright issue, Blizzard is claiming that (1) running a cheat code violates the EULA and the ToU (the fine print no one read) and (2) once you've violated the EULA and the terms of service, you no longer have a license for the game ("excess of the scope of their limited license") and, because of that (3) when you copy aspects of the game in a fleeting manner into the computer's RAM, it violates the copyright.