Evony Makers are Saying I violated their copyright

[mjcole82]

Maine, USA

I have a product that plays the game of evony for you. It does not interact with their servers in any way. It simply moves the users mouse and enters things into the keyboard as a normal user would.
My web host recently got a DMCA complaint. The name of my program is Jitbit Macro Recorder, Evony Edition. ANd my website is www.evonyclickbot.com.

Have I violated any copyrights?

Evony claims my program illegally alters/modifies Evony, copyrighted software or bypasses anti-circumvention, thereby infringing upon copyrights.
My program only interacts with evony the way a normal user would, it just does it when the user is not there.

Am I safe or should I be worried about losing a lawsuit?
Thank you for your help.

 

[tranquility]

I would be worried. What you agreed to when you signed up:

# Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of REGAN MERCANTILE US, LLC’s copyrights in and to the Game. You agree that you will not, under any circumstances:

1. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the Evony experience;
2. exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
3. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas used by the Game to store information about a character or the game environment; provided, however, that REGAN MERCANTILE US, LLC may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
4. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by REGAN MERCANTILE US, LLC;
5. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by REGAN MERCANTILE US, LLC in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
6. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by REGAN MERCANTILE US, LLC; or
7. disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service.
8. Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble Evony, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

 

[Some Random Guy]

And on top of what tranquility said, you are also using Evony's name in your marketing efforts. So once they are done beating you up over the copyright violations, they can begin attacking you on the trademark front.

That can include an effort to seize your domain name.

 

[mjcole82]

I would be worried. What you agreed to when you signed up:

What do you mean "when I signed up"?
I never signed up for anything. Can you explain in further detail please?
And in concern to the trademark issue, I can simply change the name and will eb okay, right?
Thanks for all your help.

 

[FlyingRon]

How did you write the program without access to Evony?
Did you test your software on Evony's servers?

Are we to believe you came up with this marvelous bot solely based on intuition?

 

[mjcole82]

How did you write the program without access to Evony?
Did you test your software on Evony's servers?

Are we to believe you came up with this marvelous bot solely based on intuition?

It's simply a macro recorder. It records the users mouse and keyboard actions then replays them. There is no access to the servers. I include with it a guide explaining how to use the program effectively.

 

[The Occultist]

It's simply a macro recorder. It records the users mouse and keyboard actions then replays them. There is no access to the servers. I include with it a guide explaining how to use the program effectively.

So you've never accessed the game a single time? Not a once? Ever?

 

[FlyingRon]

It's simply a macro recorder. It records the users mouse and keyboard actions then replays them. There is no access to the servers. I include with it a guide explaining how to use the program effectively.

And you never ever tested it? You wrote the guide without ever having played the game? I find that hard to believe and I've worked in the commercial software publishing industry for over twenty five years.

 

[mjcole82]

I used to play the game for my own entertainment. However, I cannot create the recordings myself because everyone's display and screen's setup is a bit different. A macro that would work perfectly for my might not work at all for someone else's.
I simply explained how to make efficient macros.

 

[The Occultist]

And by playing the game, you agreed to their TOS, which prevents you from doing what you're doing.

 

[mjcole82]

But what do you think the chances are they will actually pay a lawyer to try to sue me over a few hundred dollars?
They are all about making money, not spending it.
Time will tell, I suppose.

 

[xylene]

It does not interact with their servers in any way. It simply moves the users mouse and enters things into the keyboard as a normal user would.

Hello.

Think for a minute.

Mice and keyboards are primary input devices and MOST certainly interface with the Evony servers.

Your are using their product name is your procuct name and you wonder why they can't and won't hammer you?

 

[The Occultist]

But what do you think the chances are they will actually pay a lawyer to try to sue me over a few hundred dollars?
They are all about making money, not spending it.
Time will tell, I suppose.

If you think all they can get from you is a few hundred dollars, then you are in for one helluva shock should they take actual legal action against you. Thousands of dollars is closer to what they can get out of you (and that will not even include whatever other legal fees you will be paying). They can get quite a bit of money out of you even if you never made a single penny off your project.