Do we get the permission from Blizzard entertainment?

[yxq1122]

Well, we players now have developed various modding tools for the beloved Warcraft III. However, from the content of the end user license agreement, we can find that the user can't create all kinds of related derivative works based on war3 or world editor? So do we get the proper permission from Blizzard to create our modding tools?

 

[deepstrasz]

It's like asking if Blizzard would give us permission to mod or not.

 

[yxq1122]

It's like asking if Blizzard would give us permission to mod or not.

No, exactly I just want to know if we have obtained the permission to mod or not.

I recently developed a modding tool. Then I read the end user license agreement before releasing it. l was surprised to see that as a user l cannot release a modding tool based on the game or world editor. So I became confused since numerous modding tools have been released.

 

[deepstrasz]

I recently developed a modding tool. Then I read the end user license agreement before releasing it. l was surprised to see that as a user l cannot release a modding tool based on the game or world editor. So I became confused since numerous modding tools have been released.

I don't think we need to worry about that. We're still using lots of programs so we can make/edit models, icons, whatnot.
Few people are going to map only with Blizzard's editor.

 

[~El]

Late reply, but in a nutshell, it really doesn't matter what the EULA says. Very often the "conditions" do not hold up in court if challenged.

As far as tools are concerned, its not entirely certain what "based on" implies. Usually, that means that it uses code from either the editor or the game without permission.

Clean room design - Wikipedia applies. If your tool was made without reverse-engineering the game's code (i.e. you yourself did nothing, and only used information already available out there), then there's no reason to worry. Even if not, it would be very hard for Blizzard to prove.

Lastly, if they went after modmakers, it would send a very clear and malevolent message that would spell the end of the modding community.

 

[Ralle]

If it benefits their games. Do it. If you are making money and competing against them using their stuff, don't do it.

 

[yxq1122]

@mori @Ralle Thanks for your kind and detailed reply.

It is a freeware. Do you remember war3 effect designer that is a revolutionary tool for mapmakers to create spells rapidly. It generates Jass/lua codes for mapmakers using Blizzard natives that come from common.j. I don't know if I should get a permission from Blizzard or not.

 

[disruptive_]

As mori already said, only true adaptations, traductions, modifications are restringed to copyright holders or licensees. Only the owner can make such modifications to their protected works.
The No derivative works that the EULA prescribes on the section 1.C. extends, as copyright enforceable, only to the word based, as that is a concept truly related to the copyright right owners have (adapt, modify). So we can't do derivative works, even complying the EULA.
The no derivative works related, a much more obscure concept, but that can include a modding tool made from scratch, is in the scope of a contractual obligation, that might still compromise you as you will see. Related programs, even if valid, must also, and if you plan to use the names "WARCRAFT" or other Blizzard's trademarks on them, with Blizzard's Entertainment Trademark guidelines (principally non-commercial, giving credits, and NOT using them on pornographic websites).

Late reply, but in a nutshell, it really doesn't matter what the EULA says. Very often the "conditions" do not hold up in court if challenged.

As far as tools are concerned, its not entirely certain what "based on" implies. Usually, that means that it uses code from either the editor or the game without permission.

Clean room design - Wikipedia applies. If your tool was made without reverse-engineering the game's code (i.e. you yourself did nothing, and only used information already available out there), then there's no reason to worry. Even if not, it would be very hard for Blizzard to prove.

Lastly, if they went after modmakers, it would send a very clear and malevolent message that would spell the end of the modding community.

To see what is a derivative work, one must examine what is the copyrighted work.
On computer software, like a game, this is in fact more COMPLEX and include at least a 3 parts:
1) The program as code. Programs as a literary work (ie. a set of words) are protected by copyright.
2) Assets: audio, video, images, sprites, etc. Images, musical compositions, and the like, are most often protected, regardless of their format (digital binary, on a piece of shit, etc.). An e-book of Paulo Coelho's is protected not because of beign a program (which it isn't) but because beign a book.
3) All the above in motion: experiencing all the above, not as an abstract idea, but as a work. Maybe think the program as a movie. I think courts call this dynamic non literary elements or real time experience.
Since copyright on a piece of software includes more than the program, then the clean room design must also be particularly cautious to also not touch (via reproduction right infringement, that is, piece-by-piece copy; or via derivative work right infringement, something much harder to distinguish), the 2) and 3) parts. It's true that copyright doesn't protect ideas, as the keyword here is work, but it's also true that it only protects original works (here a dude with a wooden hammer will determine what is original or not). If you do a reductio ad adsurdum, this becomes much more clear in my opinion, think of a dude that tries the clean room design approach, maybe he even did the code by scratch, but only to make a petty or trivial modification of a complete game. In this last case the only thing you can argue is coincidental copy which could be a thing.


Still to be liable on contractual matters a court must declare the termination of the contract first (which in turn extinguishes the license granted) by reason of you breaching it. Blizzard in theory can always terminate, unilaterally and by no reason (breach or not), the contract, but you need some form of notice, even if they say the can do it with you even noticing it. As the EULA is a contract, it is reigned by bona fide principles, and courts will not declare the termination of a contract by a marginal or petty breach. Lots of EULA clauses may lack application if they don't comply with the bona fide principle or even consumer law rights. Apart from termination and if somehow Blizzard experiments patrimonial or moral harm from your tool, something they must prove first while also declaring the exitence of a breach, then you could be liable too and condemned by the court to pay.

IN PRACTICE:
Examine all the above and compare the odds of this actually ocurring with the fees they must pay to their lawyers.

 

[yxq1122]

@disruptive_ Based on my descriptions above, do you think my tool conforms to EULA or not? What is your conclusion?

 

[disruptive_]

No, because:
"You agree that you will NOT, in whole or in part or under ANY circumstances, do the following:
(...) create derivative works based on or related to the Platform."

Platform beign this: the Blizzard Battle.net App software, (2) the Blizzard Battle.net gaming services, (3) each of the Games, (4) authorized Mobile Apps relating to the Games and the Blizzard Battle.net service, and (5) all features and components of each of them, whether installed or used on a computer or mobile device.

As i stated, creating a copyright infringinment case is hard and will fail. A derivative work is a modification or adaptation. A tool is just related to the game.
A contractual breach based case is more easy and can lead to termination or indemnity, or both. Termination is subjected to Blizzard's unilateral will anyway and creating a theory of harm (for you to ending paying them) is not easy.

In short, is a contractual breach that will not lead to anything practical, unless you are f*cking them in terms of money.

 

[yxq1122]

@disruptive_ Since the derivative works include the modding tools, we all haven't got a permission to mod. However, we now have various kinds of tools on the modding community.
What is your suggestion for my tool? Release it or not?

 

[disruptive_]

The term "related derivative work" in my opinion is obscure and, and as Blizzard itself wrote it, should be interpreted against them. I don't know what Blizzard is trying to signify with that concept to be fair.
I just keep reading it and can't understand the meaning so i will elaborate a more informed point of view.

On Blizzard's games the particular works protected by copyright are the following:
1. The code.
2. The audiovisual media.
3. The game as a real time experience.

Given the tool is just code, say you develop the tool from scratch, no reverse engineering, no modifications. You also don't mess with the audiovisual media or the 3rd point (tools have nothing to do with the game experience but w/e).
I would say there are 3 scenarios:
1. You make a game tool = copyright infringement, why? no derivative works based and related to the game. Highly unlikely. The terms "based" and "derived" from are proper adjectives for the concept of derivative works.
2. You make a game tool = contractual breach, why? well a tool is not derivative, but you said that you will not do works related to the game. Note Blizzard used "derivative related". If you are creative you can also apply this (contractual clause): "You agree that you will not, in whole or in part or under any circumstances, do the following: Cheating: 4. any code and/or software, not expressly authorized by Blizzard, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality". To be fair, only an asshole would consider a modding tool cheating. Still, you note that this is a bit more strong.
3. You make a game tool = nothing, why? Derivative work related just conduces to derivative work, your tool is not a derivative work (no copyright infringement), and "tools" are not expressly prohibited on the license limitations.

Contractual breach could be a thing but still recquires more practical implications (ie. profit loss). Game modding practice is fundamentally non-commercial and has well established distribution and communication channels. The HIVE has well meaning contact with Blizzard.
Software related to other software should still be cautious to not mess with the contract that reigns over the last, so to avoid rare cases of contract interference (user uses your tool and by using it he messes somehow with the EULA -breach- and Blizzard loses money somehow: who can be sued?).

PRACTICE: If you are REALLY THAT interested on this, then upload the tool, and make a disclaimer prescribing that to use the tool the user must comply with the EULA and that the use itself must comply with it, especially the non-commercial use aspect. You can also make the disclaimer in the form of a warranty: "You user warranty that you will not fuck with Blizzard's EULA while using the tool.". Control the distribution channels of your tool so you know, generally speaking, who's using it (ie. "To reupload the tool on any site apart form THE_HIVE you must contact me first"), so you can take more directed action if you need to. You can end all of this with an indemnity clause (ie. "If in any way i end up losing money or sued because of your unauthorized or otherwise shitty and careless usage, you agree by this act to pay me the expenses or defend me in court).

 

[yxq1122]

@disruptive_ Thanks for your detailed reply.
For me, what you explained is almost hard to understand. A scripting tool that uses war3 natives = scratch? Could you please give me an explicit conclusion: release it or not?

 

[disruptive_]

Upload it. Your tool at worst could breach the EULA as a contract you accepted, but not the copyright of adaptation (derivative works).
A breach on the EULA to be a thing in court needs to cause Blizzard some kind of harm. Don't cause them any harm (you can even take directed action in this direction, with the suggestions i made, maybe a warranty of use) and you are clear. Don't go overboard with the suggestions tho, so to make your own "Tool EULA", because the risks are too low to be a dick to people that could use your program.

Spoiler: This is boring stuff

Not even IP lawyers know exactly how the adaptation right applies on digital information, software, and especially programs. Some create special treatment and special rules, different to those that the law prescribes, to computer programs regarding copyright rights. EULA's are redactated on a way that confuses users unto thinking that everything they do wrong is copyright infringinment (ie. "License limitations: don't harass people"; if i do that i'm messing up with Blizzard's copyrights?). This is wrong in my opinion, but jurisprudence (i'm talking USA and Europe) is vacillating.

In this case you have a clauses that says that derivative works based on or related to games of other Blizzard software is prohibited. What is a derivative work based on Blizzard games? Let's call the answer "C", derivative works must be derived from or based on a original work anyway so the added term based is redundant. What is a derivative work related to Blizzard games? The answer should be again "C", that is to say, well derivative works. But you could say that it adds another restriction. In this case, such restriction, must be on a different scope from the term derivative works, otherwise is redundant again (you can't do derivative works and derivative works). Courts could should to interpret the contract against Blizzard for the obscurity, so to negate it this last possible extension.

If you want to understand aspects related to derivative works and COPYRIGHT on your case, i think you could answer some self clarifying questions then (just for yourself, don't do it here).

Strictly understanding programs as CODE:
Did you include the game's SOURCE CODE (all of it or a sustantial portion) unto your program? Did you even had access to the SOURCE CODE (we can't and shouldn't)? Even if you had access and included this code in your program, to what extend could you considered that such inclusion means that your program is DERIVED FROM THE GAME'S SOURCE CODE? repeat the same questions for the game's MACHINE CODE (the answers are of course NO).
Reverse engineering (in my opinion) has aspects related to the copyrights of reproduction (maybe adaptation) but regarding the development.
Did you reverse engineer the game to get war3 natives? Did you infringe any other copyright to get those natives even? Aren't those natives on a freaking file that we all can access? Aren't those natives publicly displayed by Blizzard on every update? Are computer programs even protected by your copyright laws regarding Reverse Engineering (most allow a fair Reverse Engineering)?

If you somehow you had acces to the game's SOURCE and MACHINE code, do you publicly display the code on your tool (this is a also a thing)?

Now understanding programs as some kind of REAL-TIME-EXPERIENCE (a particular interaction between code+assets/media/etc):
IS YOUR TOOL A GAME that could be possibly considered that is BASED on Warcraft (this is not even true, per se, for Custom Games)? IS YOUR PROGRAM EVEN A GAME?


Everything that could exced this scope is not under copyright law. Authors can then prohibit what they want, but they will get contractual protection instead.


The status of a modding tool could be that of a collective work (a joint or combined creation owned by you AND Blizzard), but not a derivative work. This is why i recommend to include a explicite comply with the EULA so you don't mess with the other possible author of your tool.
In fact, since a modding tool is not a mod in itself (see the definition of Custom Game on the EULA), thus not affected by the CGAUP clause 3 (custom games are owned by Blizzard, but by contract), the modding tool, as a program (code), belongs to you (and Blizzard if considered a collective work).