Prof. Dr. W. Broll
Gutachten zum Einfluss von Bots auf Spielspaß und Ökonomie in MMORPGS
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8. Critical appreciation of Dr. Edward Castronova’s expert opinion(2007)In the expert opinion entitled “Effects of botting on World of Warcraft®” (original dated
13/11/2007; certified translation dated 04/11/2001), Dr. Edward Castronova deals with the use of the Glider bot and its influence on the business activities of Blizzard
Entertainment. Whilst the expert opinion seems to follow an apparently consistent
and coherent line of argument, on more intensive examination a series of contradictions and imprecisions become visible which cause significant doubts about the expert opinion’s results and conclusions, as will be shown in the following.
8.1. The legality of bot productionIn the conclusion of his expert opinion, Dr. Castranova
writes that Blizzard Entertainment’s and WoW’s conditions for use prohibit Glider and also all other kinds of bot. This statement is false or at least inapplicably formulated in this form. A software producer’s conditions for use basically cannot prohibit the production of software by another provider.
The production of certain software could only be prohibited judicially as is the case in Europe for software which bypasses copy protection. However, Blizzard Entertainment prohibits the use of bots by its players in its conditions for use. This is, however, a decisive difference because this makes clear that the producers of bots are not and may not be limited in their entrepreneurial activities by Blizzard. Regardless of this, the applicability of the conditions for
use still remains questionable, at least for European and German users, as already stated.
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