Blizzard Sued for Blocking WoW Guide

[Rushster]

<br><br><p>A story has appeared on news.com, <a href="http://news.com.com/2100-1043_3-6053716.html?part=rss&tag=6053716&subj=news">Warcraft maker sued for blocking sales of unofficial guide</a>*which highlights a legal case from the author of an unofficial guide that was being sold on Ebay. Blizzard had issued take-down notices to Ebay based on copyright and trademark infringement but the author filed counternotices protesting the infringement claims. </p><p>No doubt many of you have come across these types of guides on Ebay which usually contain everything that you can get on this site and elsewhere for free. In some cases we have even found our own content included in these guides which is a really dodgy thing to do. One classic case a few years ago was some guy zipping up the whole of <a href="http://www.diabloii.net/">Diabloii.Net</a> and started selling it on Ebay. The sad thing is people were buying it. Doh!</p><p>It's interesting to see Blizzard's legal department actually taking action against something like this, probably because it's an easy target using the copyright infringement argument. Shame their legal department won't wake up and start doing the same to gold selling outfits and sites which is surely more damaging to their game and property.</p>

[Pig]

The legal fact is that unofficial guides to software are well within the law. However, Blizzard doesn't like anyone selling unofficial guides to its products. They've used some pressure tactics to discourage people from publishing them.

Blizzard uses the ESA -- the Entertainment Software Association -- as "muscle" to get sales of these guides shut down. Blizz also utilizes Ebay's own VERO program to shut down sales of unauthorized guides. Blizz (via the ESA) simply lodges official protests with Ebay and other companies to shut down sales of these guides, claiming they infringe on Blizzard's copyrights. I know from personal experience that Blizz doesn't even know what is contained in the guides -- and it lodges copyright infringement protests anyway. Effectively, anyone selling an unofficial guide to a Blizzard product gets their advertisements and sales offerings removed due to Blizzard's protests. It's really pretty underhanded.

However, you also have to understand that the guy suing Blizzard, Brian Kopp, is an unusual and nasty individual. He is just as guilty as Blizzard of using the exact same tactics.

He has used, in recent months, Ebay's VERO program to eliminate competitors. If you tried to sell a gold-making guide on Ebay in recent months, Kopp would have YOUR advertisements removed by Ebay. He even boasted about it in his advertisements. By reading various, and fairly irate, things he has written, it seems clear that Kopp is of the opinion that the very idea of an unofficial guide to WoW is copyrighted by him. Try to write something unofficial yourself, and Kopp will shut you down.

While I don't like Blizzard's tactics, I like Kopp even less.

[Elvyra]

In regards to Mr. Brian Kopp. I have no sympathy whatsoever. I have dealt with Brian directly and it is clear that he is a dramatic blowhard (possibly on medication) who claims to have copyrights on anyting created in regards to WoW. He deserves everything that he has coming to him and he won't find me on his side at all. Beware any and all who have to deal with Brian Kopp.

[kmcdougall]

I hope the judge and the jury laugh this out of court. Where I come from it is illegal to make a profit off the good name of a company without the expressed written consent of said company.

[rmvetski]

fact of life, most times someone is of mind to sue you, sue back and they usually quiet down, including state/government institutions

[MarsGamer]

He has used, in recent months, Ebay's VERO program to eliminate competitors. If you tried to sell a gold-making guide on Ebay in recent months, Kopp would have YOUR advertisements removed by Ebay. He even boasted about it in his advertisements. By reading various, and fairly irate, things he has written, it seems clear that Kopp is of the opinion that the very idea of an unofficial guide to WoW is copyrighted by him. Try to write something unofficial yourself, and Kopp will shut you down.

I only removed those auctions in which I had proof that the seller was selling my guide. I would then VERO the seller unless they stopped selling my guide. I put those notices in my old auctions because I wanted people to know I'm not playing around, just like now on my site I'm not kidding when I say this guide is copy protected and theres still those who don't read it or don't care.

In regards to Mr. Brian Kopp. I have no sympathy whatsoever. I have dealt with Brian directly and it is clear that he is a dramatic blowhard (possibly on medication) who claims to have copyrights on anyting created in regards to WoW. He deserves everything that he has coming to him and he won't find me on his side at all. Beware any and all who have to deal with Brian Kopp.

how am i a dramatic blowhard? no medication here lol. I don't claim to have copyrights on anything created for wow, just what I wrote. The guy at pimpmyguide.com thinks that. He tried to tell me my guide was his because someone gave him a copy for access to his site. He then said that anytime someone gives him a guide, they give him the copyright. Now that is messed up, my lawyer shut him up fast.

I do deserve everything that came to me, look where I am now I got my site up and fully going w/ even free guides at marsgamer.com. Blizzard backed down because they were wrong.

edit: I know this is an old post but never found it until today when I was looking for something here =P

[ruinz]

I hope the judge and the jury laugh this out of court. Where I come from it is illegal to make a profit off the good name of a company without the expressed written consent of said company.

You must be from somewhere interesting, because you can sure do that in the US, Canada, the UK, Europe, Australia and Japan. Let's not even start on how much you can do that in India, Thailand, China, etc.

[MarsGamer]

You must be from somewhere interesting, because you can sure do that in the US, Canada, the UK, Europe, Australia and Japan. Let's not even start on how much you can do that in India, Thailand, China, etc.

lol I was thinking the same thing. the whole court case was about this, it was the main topic blizzard was emphasizing, whether a guide and pictures was fair use. The only way pictures wouldn't be fair use, is if blizz didn't impelemt a ss feature, but all mmo's have it.

anyone can write a guide, review, etc on anything or else there would be no film critics and reviews.

The only difference between me and prima, is prima pays blizzard, or any other company, for the rights to the guide. All that does is lets them have a guide ready on release day of the game. Otherwise they have to find it out themselves. Just like you will see unofficial guides at bestbuy but they're not out until months later, and are usually better.

[MarsGamer]

I forgot to include that I have went beyond since then and created a detailed 1-60 guide for alliance and listed every single coordinate and all quests were linked to thottbot

[rgirty]

This thread should be locked and deleted for shameless advertising.

[MarsGamer]

hah yeah I'm shamelessly advertising, if you look at that page above for the lawsuit it lists everything in it. It's ok to talk about the suit but once I mention I'm benefiting from it I'm a bad guy.

[MarsGamer]

double post, didn't see it went to page 2

[xmuskrat]

This thread should be locked and deleted for shameless advertising.


You can't really have a discussion about this (which was posted by rush) without talking details.

[Gealach]

Its a shame people go to Ebay first to look for guides when a simple web search can find awesome community sites like WWN with the info you need for free.

I suppose there's always profit to be made on ignorance tho, "a fool and his money..." and all that.

[cyradis2003]

edit: I know this is an old post but never found it until today when I was looking for something here =P


Hmmm .... looking for content for a new guide perhaps?

[MarsGamer]

Hmmm .... looking for content for a new guide perhaps?

no I actually just typed my name in here and found the post. My guide is a 1-60 guide which has to be done by playing.

[Valas Azuviir]

*Looks at the date of the initial last response*

Thread necromancy. Not a very nice thing to do. Is probably better that I lock this, before things get.... toasty..