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Reader Comments (38)

Posted: Oct 26th 2011 12:03PM Beau Hindman said

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One word: YES.

Beau

Posted: Oct 26th 2011 12:11PM ArcherAvatar said

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@Beau Hindman
nope...
TWO words; Hell YES!
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Posted: Oct 26th 2011 1:04PM fallwind said

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@Beau Hindman

4 words: good luck with that.

I mean, I wish them well, but the lawyer fees alone will stop this dead in their tracks. $2500 per person (at best) and cost the company $50,000 in legal fees.

And how do they plan on suing international players? I'm not American, I'm not subject to your laws.
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Posted: Oct 26th 2011 1:21PM aurickle said

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@fallwind
It's not per person, it's per person per incident. So every time someone logged into the game and used bots that's another incident. One person could easily be hit with $50,000 right there if he's been naughty enough.

Second, it's a class action suit. This means that Jagex is not looking at what you figure to be $50,000 per person but rather $50,000 in total.

Let's say there are 10,000 people who got this email and let's say that the average amount per person is $5,000. That right there comes to a $50 million suit -- more than covering their expenses.

As for the international law aspect, I don't know how it would come into play. I suspect it would be different for each country of origin. Someone living in the EU would likely still be able to be gone after but someone in Russia or China... good luck.
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Posted: Oct 26th 2011 2:02PM fallwind said

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@aurickle

IANAL, but doesn't "class action" mean one defendant and many plantiffs, not one plantiff and thousands of defendants?
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Posted: Oct 26th 2011 3:01PM Thawedtheorc said

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@fallwind It is used in both types of law suits.
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Posted: Oct 26th 2011 4:03PM J45neoboy said

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@fallwind

Jagex is a United Kingdom company, not American.
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Posted: Oct 26th 2011 7:05PM Graill440 said

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@Beau Hindman

Fantastic. Nice to see a first company finally attack these people headon. Hopefully this will set a precedence for other companies to follow.

Macroers beware. Your days of automation are coming to a close, its these programs, abilities, that open the door for this behaviour.

The more companies that also do this the less fanatical macroers/botters will be able to complain and threaten leaving a particular game in a whine of dust.
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Posted: Oct 26th 2011 12:06PM Kaoss said

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Wow full on. I wonder if it's just a scare tactic or if they'll actually do it.

Posted: Oct 26th 2011 5:25PM Icemasta said

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@Kaoss
Scare tactics, I made a huge post below, but there isn't much they can sue them on, much less sue them successfully for profit. The most likely case if it were to happen from Jagex(hint: not gonna happen) is a slap lawsuit claiming loss of profit, and making it last as long as possible in court to either have people settle out of court or ruin them financially. In the US it's still legal, in Canada this is now illegal. Even then, in the US, with such kinds of lawsuit, the suing party can easily be counter-sued for the legal fees, which means Jagex would actually be losing money from their own layers + botter's lawyers. And a third point, there are talking about a class action lawsuit, that means in all intent and purposes, that if the botters are smart, they'll band together and split the cost of their legal team, meaning that if they sue anything above 100 players, Jagex pretty much shoots itself in the foot because the slap lawsuit won't have much effect since the fees will be split by 100.

There is a reason why a lot of companies add a clause where you forfeit your rights to form a class-action lawsuit against them. In the US it's legit, in most other countries it's illegal to renounce rights in contracts. Sony recently caused an uproar by adding this clause in their EULA after getting sued for personal information breach. NCSoft has it in their EULA, pretty sure WoW has it too.
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Posted: Oct 26th 2011 12:07PM (Unverified) said

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lmao this is awesome

Posted: Oct 26th 2011 12:08PM Pingles said

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Looking forward to an update in a month or so to see if it's made a difference.

Posted: Oct 26th 2011 12:15PM VikingGamer said

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Good on them. Because sometimes the best thing you can do for good customers is taking hammer to the bad ones.

Posted: Oct 26th 2011 12:15PM nimzy said

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Yeah, we will totally sue you for automating our game.

Guess what statute they're going to be suing under? You guessed it, the http://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act -- a law so old it pretty much predates the Internet.

Posted: Oct 26th 2011 5:19PM Icemasta said

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@nimzy
First of all, this is only for US citizens. Second of all, botting does not breach the CFA act. To breach the CFA, you have in a way accessed someone's computer with their consent.

This is merely a pathetic, at best, scare tactics. The bot owners obviously breach the contract and as such, Jagex can terminate their account. I haven't read their EULA, but even in the case where they mention that they open themselves to a lawsuit for botting, it would be very hard to enforce this in court. It's been proven times and times against that subscription contracts (Such as the Jagex one, and most MMO ones), contracts that you are forced to accept to gain access to something, are hard to enforce, mostly because the moment the subscription ends, the contract ends, meaning that if they close you account, the contract ends at that moment. Likewise, if you bot, you broke the contract, and they could sue you for.... one reason that I know of, more on that later... unless they closed your subscription.

There is ONE potential law that Jagex could play on. Now this one has been explained to me by someone who actually knows how laws work, and in this case Jagex wouldn't exactly be able to directly sue. One of the only thing Jagex could claim is that the botting business has a negative effect on their business and sue them for damage, but this very argument could backfire if they can't provide clear statistics that display that an increase in botter lowered the amount of actual players or lead to an actual dip in profit (And it's arguable that since some botters pay, the fact that botters are there is actually a gain for Jagex). The actual thing that could be done, in a class action lawsuit indeed, is a third party (IE the players) suing the botting players, with assistance from Jagex who could provide proof of their wrong doing, for willful intent to deteriorate/harm/etc... a person's property, and this is taking it to the extreme and has many holes in it, but that's one of the only thing Jagex can hope for.
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Posted: Oct 26th 2011 7:07PM Graill440 said

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@Icemasta

Well thank you....counsel. laugh.
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Posted: Oct 26th 2011 12:38PM real65rcncom said

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Hope it works.

I remember when DirecTV sent out mass letters to subscribers who they suspected of hacking their satellite systems.

It didn't seem to stop the problem there either as most people just threw the letter in the trash. It sounded scary but it was pretty funny because they couldn't prove much.

Not that I know anything about that.

Posted: Oct 26th 2011 4:03PM OutThere said

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@real65rcncom

Hmmm. Remember Napster? Know what stopped them? Right. Lawsuits.
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Posted: Oct 26th 2011 4:22PM real65rcncom said

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@OutThere
ummm... don't think it's the same type of crowd. Scaring kids downloading Nirvana isn't quite the same.
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Posted: Oct 26th 2011 12:43PM SnarlingWolf said

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These guys just became my favorite developer of all time and I don't even play their game.

Some other developers need to grow a set of balls like these guys.

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