Archived from groups: alt.games.unreal.tournament (
More info?)
"Kylesb" <me@privacy.net> wrote in message
news:3321pdF3scdbdU1@individual.net...
> I'm a lawyer, and let me tell you how lawyers see it. Lawyers see the
> way their clients want them to see it. In other words, if the client
> believes a wrong is being perpetrated, the lawyer will take whatever
> legal stance and legal action that supports that perspective.
> Further, lawyers see a legal scenario from many viewpoints, including
> offensive strategies, potential defenses one will face, and the costs
> involved to pursue such litigation.
>
> As to a single user crying foul over a game that does not work due to
> suspected cheating by the end user, the answers are found in the
> license, which typically include terms wherein the license may be
> revoked at the drop of a hat by the licensor.
>
> It is my reaction that disabling CD keys may result in additional
> sales, which in turn is additional revenue. I do not forsee a large
> movement by cheaters (or non-cheaters) against any software company
> for such actions. Instead, there will be outcries of a singular
> nature. The company may easily dispense with such outcries by
> offering refunds or new CD keys, and clearly, a new key is much
> cheaper to dispense.
>
> As to my perspective on the authors of software hacks and/or cheats, a
> few simple clauses in a license can make online multiplayer cheating a
> very expensive proposition for such morally corrupt individuals. For
> example, a liquidated damages clause in the license specifying the end
> user agrees to pay the licensor a fixed amount of money if the
> licensee is shown to have created a derivitive work or version of the
> game that "alters" the basic mechanisms of the game in such a fashion
> as to corrupt the original intent of the game. A $1000 limit on the
> liquidated damages, plus an "award of attorneys fees" clause should
> the cheat author be successfully proven to be the source of the
> altered code would be a scary prospect to face should a morally
> corrupt kid sit down to write some cheat code. Of course, the real
> issue is what is a cheat. Is altering FOV a cheat? I think not, it's
> merely a setting the designers intended the end user might change.
> FOV changes are an exploit, not a cheat. Be careful to understand the
> meaning of "exploit", which is "to make productive use of".
> Competitive online multiplayer ladders should decide whether such
> exploits should be allowed or disallowed. The same can be said for
> shock combos and other scripting features that the game provides
> access to for the end user.
>
> An open design engine such as the UT engine presents a particularly
> difficult challenge to the authors in terms of enjoining undesirable
> modifications since mods are an "encouraged" aspect of the game's
> original design. In this case, the EULA should specify what types of
> mods are considered unaccaptable (online multiplayer aiming assists,
> radar, speed hacks etc.) and shall be considered a violation of the
> license.
>
> In the end, it is in the hands of the software authors/publishers to
> police their product and ensure cheaters do not adversely affect the
> game (in online gameplay), and such efforts cost money. CD key
> disabling is a very cheap approach. An EULA including a liquidated
> damages clause with potential recovery of attorneys fees is the best
> weapon to prevent undesirable modifications or "derivitive works" and
> economically insulate the author/publisher from the costs of policing
> the products usage.
>
> Just my two cents worth, others may have different opinions.
> --
> Best regards,
> Kyle
>
That's one of the more interesting posts I've read in quite a while Kyle.
Now I wonder if there is anything specific in the EULA about cheating? I'll
have to look. I doubt UT99 has something but I wouldn't be surprised if 2K3
does. They had a pretty good idea that cheating was a problem when they were
developing the game (remember how 2K3 was going to be so 'secure'?) so I'd
be interested to know if they addressed the problem specifically.
I'm not really of a different mind than you guys here, so I don't really
want to be devil's advocate. There's a big difference between can and will
on banning CD keys. I'm not at all surprised if they legally can ban a key
for cheating, I just don't think they will to any large degree. It would be
a simple matter to prove a cheater using ASH or a derivative and demorec and
I would probably think that volunteers would come out of the woodwork to
help with policing if Epic so chose that route. It's just not going to
happen. The game manufacturers are around to make money and alienating your
sales base is not how you do that.
Flash, if you are still around, how about your opinion on this? You've been
involved in anti-cheating for a long time. What are your views? Do you think
Epic has done enough or do they just tolerate the problem?