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DRM The Courts Games

Judge Grudgingly Awards $3.6 Million In DRM Circumvention Case 227

Fluffeh writes "The case involves an online game, MapleStory, and some people who set up an alternate server, UMaple, allowing users to play the game with the official game client, but without logging into the official MapleStory servers. In this case, the people behind UMaple apparently ignored the lawsuit, leading to a default judgment. Although annoyed with MapleStory (The Judge knocked down a request for $68,764.23 — in profits made by UMaple — down to just $398.98), the law states a minimum of $200 per infringement. Multiply that by 17,938 users of UMaple... and you get $3.6 million. In fact, it sounds like the court would very much like to decrease the amount, but notes that 'nevertheless, the court is powerless to deviate from the DMCA's statutory minimum.' Eric Goldman also has some further op-ed and information regarding the case and judgement."
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Judge Grudgingly Awards $3.6 Million In DRM Circumvention Case

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  • by mehrotra.akash ( 1539473 ) on Thursday April 19, 2012 @08:14AM (#39732677)

    UMaple users can play MapleStory (using the MapleStory client software) without ever touching MapleStory's servers. UMaple then solicits "donations" that lead to enhanced privileges in the UMaple environment.

    In this case some penalty does seem justified
    UMaple was after all making money from software written by MapleStory, without their permission

  • by mehrotra.akash ( 1539473 ) on Thursday April 19, 2012 @08:29AM (#39732757)

    There is absolutely no reason to believe that the money people donated to UMaple would have otherwise been spent with MapleStory.

    I'm not talking about a potential loss of revenue for MapleStory, I'm talking about the gain in revenue for UMaple
    Kind of like the difference between downloading a movie off TPB and selling copies of the movie for a profit
    And, yeah, the penalty does seem excessive.As I said, "partly" justified

  • by c_g_hills ( 110430 ) <chaz @ c h az6.com> on Thursday April 19, 2012 @08:30AM (#39732765) Homepage Journal
    I don't see how they work out that it is 17938 infringements when they only set up one server, so they have only infringed once.
  • by Lucky_Norseman ( 682487 ) on Thursday April 19, 2012 @08:33AM (#39732783)
    "minimum of $200 per infringement" why is the $200 multiplied by the number of clients? Its the server that they claim is infringing, why not just $200 per server?
  • by 91degrees ( 207121 ) on Thursday April 19, 2012 @08:34AM (#39732797) Journal
    I agree. I'm sure the law says "per work" infringed. not per person infringing. The rationale for the damages I thought was that you can't know how many users infringed.
  • by AngryDeuce ( 2205124 ) on Thursday April 19, 2012 @08:39AM (#39732815)

    Just another example of why mandatory minimum sentences make absolutely zero sense in any way, whether financial or in the way of jail time.

  • by __aaltlg1547 ( 2541114 ) on Thursday April 19, 2012 @08:56AM (#39732895)

    Only hundreds of years of patent and copyright protection.

    But this is a case of unauthorized intrusion not copyright violation.

  • by TheCRAIGGERS ( 909877 ) on Thursday April 19, 2012 @08:58AM (#39732907)

    If it were collectible, it would be quite noteworthy as one of the biggest anti-circumvention awards of all time. But, it's not collectible.

    The linked op-ed doesn't say why.

    This is pure conjecture on my part, but my assumption is that the creators and the servers it runs on live outside the US, which is also the reason they ignored the lawsuit. Just like TPB happily ignoring (and proudly displaying) all the various nastygrams sent from US lawyers over the years.

  • by Asic Eng ( 193332 ) on Thursday April 19, 2012 @08:58AM (#39732911)

    UMaple was after all making money from software written by MapleStory, without their permission

    So what? If the users legally obtained the software, they don't owe MapleStory any further income.

    ObCarAnalogy: If you buy a car you don't need to have it serviced by the manufacturer, you don't need to buy fuel from them and you can get your tires elsewhere.

  • by c ( 8461 ) <beauregardcp@gmail.com> on Thursday April 19, 2012 @08:59AM (#39732921)

    > Its the server that they claim is infringing, why not just $200 per server?

    Because the plaintiff's goal is to maximize the damages. It was a default judgement, so the defendent didn't show up to do anything to minimize anything.

    If there'd been an actual trial with both parties, there's a good chance that the judge might have bought that argument. Or the argument that it was the actual users who did the circumvention. Or, IIRC, there's an exception for compatibility purposes. Plenty of options.

    There could be an appeal. Or, if UMaple doesn't have much in the way of assets, they might just declare bankruptcy and walk away from the whole thing. That'd probably be the smart move.

  • by nschubach ( 922175 ) on Thursday April 19, 2012 @09:08AM (#39732985) Journal

    It's more like someone writing a web server that works great with Chrome or some Chrome features and creating a website that they charge access to get to...

    Now, is it appropriate for Google to go after that company because they are making money?

  • Default judgment (Score:4, Insightful)

    by TheSpoom ( 715771 ) <slashdot&uberm00,net> on Thursday April 19, 2012 @09:15AM (#39733025) Homepage Journal

    Let this be a lesson: If you're sued, even if you think the lawsuit is the dumbest thing on Earth, you should still show up to defend yourself. If you don't, things like this happen.

  • by NatasRevol ( 731260 ) on Thursday April 19, 2012 @09:50AM (#39733335) Journal

    No, you missed the lesson.

    The lesson here: If you're being sued in a US court and you're not a US company, ignore it because you won't have to pay for it. And the US company will still have to pay it's lawyers while looking idiotic.

  • by geekoid ( 135745 ) <dadinportlandNO@SPAMyahoo.com> on Thursday April 19, 2012 @12:04PM (#39734805) Homepage Journal

    Not true.

    Someone getting a copy for free that they otherwise wouldn't have bought is not a lost sale.
    Someone getting a copy for free that they otherwise would have bought IS a lost sale.
    Someone getting a copy for free that they otherwise wouldn't have bought, and then they buy it, is a sale gained.

  • by Anonymous Coward on Thursday April 19, 2012 @11:39PM (#39742213)

    Plaintiff is registered in Delaware, judgement is in California - it's a fair bet the defendants live there.

    Everyone registers in Delaware [wikipedia.org], they have laxer tax requirements then most other states apparently. Google is a Delaware corporation and their main office is in Silicon Valley.

    Suing in California is probably because Hollywood is in California so it's standard jurisdiction shopping to pick judges who are typically biased in favor of strong copyright. This is the same as companies suing over patents doing so in East Texas, the companies don't have a strong presence there, it's just that the judges there have a reputation for strong bias in favor of patents and issuing large penalties.

    None of this helps figure out where the defendant is.

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