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View Full Version : Evenbalance to court?


=A+A=CodeMaster
11-15-2005, 05:46 AM
This is on the front page of a website known to distribute hacks and host discussion forums on how to make / use hacks.

It appears today that PunkBuster has gone completely off the deep end now and are going crazy handing out Hardware Bans.

I have ALOT to say on this topic, but I do not want to flood the entire homepage so I will try to keep it short.

For those who don't know what a Hardware Ban is: PunkBuster uses this method of banning because their software sucks so much that it can't detect all the hacks out there, so their response, instead of fixing their software to better detects hacks, they simply turn to Hardware Banning users. They collect serial numbers from the Hardware in your computer such as your Hard Drive, your Network Card, and possibly other devices in your computer. If any of your hardware gets banned, you are permanently unable to play on PunkBuster servers, on any game that uses the PB software.

I hope Evenbalance is reading this carefully:
We have retained a silicon valley lawyer to put together a CLASS ACTION lawsuit versus EvenBalance. What grounds for the lawsuit? PunkBuster, being the only anti-cheat software available for the games they support, has a monopoly on their business. Their software is distributed with an INVALID End-User License Agreement and they have an INVALID Privacy policy. The PunkBuster EULA states that PB is purely optional, which, if you ask anyone who plays any game that uses PB, they will tell you that that is a completely FALSE statement. PunkBuster is REQUIRED to use the game on probably close to 98% of game servers. We all know that multiplayer games consist of 2 parts, a client and a server, and it can be construed to believe that if someone wants to play any of these games, they really have no choice except to play on PunkBuster enabled servers, whereas the simple fact is that there really is no alternative to PB servers.

Some may say, but you can play on Non-PB servers, but that is an INVALID argument. You can not REALLY play the game, as it was meant to be played on a Non-PB server.

Even if PunkBuster's EULA was valid, no where in the EULA does it say 'Thou shalt not cheat.'. They DO say that you can't interfere with PunkBuster doing it's job, but it is clear to me today that EvenBalance is Hardware Banning PC's that have not been used to interfere with PB in anyway. I have had 5 reports today that gamers using *edit*bot, and only *edit*bot have been given Hardware Bans. As the lead developer and primary coder of *edit*bot I can assure you that *edit*bot in no way interfaces, interacts, or interferes with PB. Any Third-Party analysis of my code will prove me right. Quite Simply, not only is PunkBuster hurting our Business by Hardware Banning users, but they also peirce the corporate veil by following these improper practices. This means that the owners and shareholders of PunkBuster software CAN be held liable for damages charged to EvenBalance.

Why is Hardware Banning wrong? Quite Simply, whereas a Computer does not have willpower, a Computer or a Computer component CANNOT violate any form of contract. Only a person can violate a contract. And even if a person violates the PB EULA, the chances are VERY HIGH that they violated it on a computer not belonging to them. The large majority of PunkBuster users are under the age of 18 and use a PC that is owned by a parent, a guardian, a school, or library, or at an internet cafe. I do not know very many minors who own their own PC. By Hardware Banning a peice of equipment in a computer PunkBuster damages the possible resale potentional of said hardware. Do you think any gamer is going to buy any of my 4 hardware banned hard drives? I think not. This means that PunkBuster is causing injury to people or organizations that do not even use PunkBuster software.

Regarding EvenBalance's Privacy policy, it's name is HIGHLY misleading. If read, you will realize that it is actually a NO-Privacy policy. EvenBalance openly acknowledges that your privacy is worthless compared with the benefits of allowing them to scan you entire hard drive and computer memory. I assume that they probably do not abuse this, however, do you think it's worth it to let them have access to, and potentially share with a 3rd Party, all of the information contained on your computer? I think that Privacy is priceless and to make a statement like they do, is totally ignorant.

We will be posting a public petition to stop EvenBalance from their unethical and improper hardware banning practice and to force EvenBalance to correct their Privacy Policy and End-User License Agreement. I hope that all gamers will digitally sign this petition (or in the case of a minor, will have their parent digitally sign), cheaters and anti-cheaters alike. We ALL have to deal with PunkBuster and truthfully, PunkBuster itself is ruining the game for all of us. I cannot count how many times I've heard people complain about being FORCED to use PunkBuster, even legit players and server administrators.

I am not crying about Anti-Cheat software here. Believe it or not, I am an advocate of Anti-Cheat software for fairplay, but EvenBalance lies when they say they are spearheading the effort, because their software is the absolute WORST anti-cheat software I know of.

Aside from America's Army, I play a number of other games that are poorly protected by PunkBuster. I would like to honestly know why I cannot play without hacks on a game that I PAID for a license to play. Even if I choose to cheat on my own server for instance, I can understand if PunkBuster would give a 5 min kick for a detected hack, but to ban me when trying to play legit on another game server, simply because the PC that I am using contains hardware that was previously used to 'interfere' with PB is wrong. You cannot Identify a person by the serial numbers of the hard drive they are using. Many people may share a single PC and it is unfair to the other users of the PC (especially on a public computer system such as at a school, library, or internet cafe). It is especially unfair to the actual Hardware Owner. If they try to sell their equipment later, the Buyer has a valid complaint if they intend to play games with it and finds out that their new equipment can not be used to play their favorite game because it contains hardware banned parts.

By the way, don't try to get unbanned. They simply will not listen to you. EvenBalance seems close minded to the possibility that someone other than the banned gamer might actually use that hardware at a later time.

EvenBalance, you need to STOP the practice of hardware banning. It is wrongful, unfair, and unethical. It's been said before, when it comes to these games we play, EvenBalance plays the role of Cop, Commisioner, Judge, Jury, and D.A.. Absoluete Power corrupts, and yes, EvenBalance is very corrupt. I do not think our lawyers and I will have any difficulty proving any of these points in a court of law, and I believe that any judge in this land would be sympathetic with the rights of the people and not a corrupted corporation like EvenBalance.

I think I have said everything that I wanted to say about this subject, but I'm sure that I must have left out another point here or there. If you have been hardware banned by EvenBalance or know someone who has, or if you are not a gamer, but own a computer or hardware that has been banned, please sign our petition (which will be coming soon) that we will send to EvenBalance to make them STOP their hardware banning practice.

Thank You.

biffking-ACI-
11-15-2005, 06:17 AM
:D all i can say is what a joke. this guy is a moron, when will they ever learn?

RaP7oR
11-15-2005, 08:01 AM
LOL the old excuse "my dog did it.. i wasn't even at home"..

They cheat like fu*** pu**** and then they whinne... EAT IT BIATCH!! hahaha

they should be happy on the HW ban instead of a beating!

Crosby
11-15-2005, 08:15 AM
Hope they take this to court. :thumbsup:

They would be openly admitting that they hack or have hacked, and hacking is a Federal Law :cool: , I'd put them away for a couple of years in a Federal Prison if they showed up in court :thumbsup: , It would be a dream. Which is why it won't go to court, and EvenBalance has covered their *** on this, when you check that box in game you agree to their terms and conditions :slick: , in those it says that they may search your entire computer, so it would never hold up in a court. :p

JJ.KOM
11-15-2005, 09:08 AM
Even better if they DO go to court - this guy admits that he SELLS software that allows users to cheat.

One - has he paid taxes from these sales? IRS might like to know about this and slam him with hefty taxbill.

Two - he is selling software that is breaking software protection laws - so he is the criminal, not EB.

Three - going to court with namelist of banned cheaters would allow government to legally use all those names for countersuit - hacking on govenment game.

Sadly they are not going to court.

Hevymetal
11-15-2005, 09:32 AM
hahahaha

Dammit I laughed so hard I spit coffee all over my keyboard and monitor.

Reaper-ACI-
11-15-2005, 11:24 AM
Technically he does have grounds for a lawsuit, however that can be remedied, according to a government lawyer I know, server admins may be able to turn around and counter-sue for damages incurred due to server crashing and spamming mechanisms, and there are comments on public cheat forums admitting to spamming the hell out of servers. As well, cheating and hijacking and or attempting to misuse paid admin property with another paid item may not be used against Martin Smirl or Reverend, but it could be used against the users using the bot if they live in North America and do other activities. I.E, hack servers, forums. I was given a number of clauses however that CAN hold the owner of a hacking group accountable if his group is incorporated and individuals belonging to his group use his organizational name in a loggable and admittable attack. However, that will only work provided that whoever is counter-suing is not illegal themselves.

Mule
11-15-2005, 12:27 PM
Lemme guess, this jackoff's name is Martin?

Reaper-ACI-
11-15-2005, 01:00 PM
Martin Smirl and Reverend himself, I respect because they insist on people behaving, take legal means and don't spam servers. Rev shut down two cheat groups by using their illegal activities as a front. :thumbsup:

KillaWabbit
11-16-2005, 12:36 AM
Peeps,

What was said was also correct, they should not be allowed to hardware ban on the grounds that people may unknowingly buy the hardware and try to use it, but cannot play the games they have or will have. That is complete bs, no way should they be allowed to do this. If they want to stop cheaters, work on PB, not on innocent people.

Killa

JJ.KOM
11-16-2005, 03:32 AM
...they should not be allowed to hardware ban ...
That is complete bs, no way should they be allowed to do this. If they want to stop cheaters, work on PB, not on innocent people.

With this logic you say that Blizzard is doing wrong when it is banning CD-keys of caught hackers? I have seen a lot of Blizzard-games on Ebay - how many of them are banned from playing? Seller is not telling it, but it actually is his responsibility. He is selling defective merchandise.

Problem is whole nature of online gaming. Players are not in there as themselves, they are using all kind of nicks, accounts etc.
Only way to stop cheaters from abusing clean players is to prevent cheaters from playing. As IP bans are totally ineffective, only way to even try banning those is to use hw bans.

I would love to see better way to do this. But only real way to completely stop cheaters is to use biometric identification. (like mouse/keyboard checking fingerprint while you play etc.)
And that is something that is not going to happen in a few decades.

Reaper-ACI-
11-16-2005, 11:17 AM
Another argument for HW banning is that EvenBalance is paid millions a year by the U.S Government via the America's Army game office at the Pentagon. This game is a recruiting tool, and the army isn't trying to recruit dishonest players; eliminating cheating will attract more players and possibly more recruits.

As well, a Judge might laugh when someone goes to court and says "We are sueing EvenBalance for not allowing us to cheat on the U.S Army contracted game, and are being unfair in responding to spambots, server crashers, admin hijackers and similar bots."

KillaWabbit
11-16-2005, 01:54 PM
With this logic you say that Blizzard is doing wrong when it is banning CD-keys of caught hackers?
Peeps,

Banning a CD key is one thing, banning a computer (which is essentially what hardware banning is) is completely another. Banning hardware so it cannot play PB enabled games, they are also banning them from playing future games, which haven't been cheated on, and who is to say they will if they get a CD key ban? Maybe they learn their lesson, and never cheat again. If someone spends 500-1000 bucks for a banned computer, do you think that is right? It is not right to ban a $30 game from someone who is innocent, but much worse for hardware. No punishment for the innocent is what is the idea here.

Killa

JJ.KOM
11-16-2005, 02:56 PM
Ok - in most countries if drunken driver is causing accident that car is confiscated - no matter whos car it is. Resposibility is on car owner.

Innocent car owner who loans car to friend suffers from his friends actions. Is it fair? No. But something must be done.

This is a bit harsh comparison but basic idea is the same.

And to computers - if someone is caught hacking to government systems, that computer is confiscated. No matter whos computer it was, system used for crime is confiscated.
Same happens if you are caught spreading pirated material. Or kiddy porn etc. You lose whole system.

Comparing to those; getting hw ban for hacking is very small punishment.
Sure, hacking is not considered as serious offence, neither did anyone consider spreading music. Still it is.

=A+A=CodeMaster
11-16-2005, 03:54 PM
Lemme guess, this jackoff's name is Martin?

No, I think it's Russ.

-h0b0-
11-16-2005, 04:54 PM
thread on tracker he made

http://aaotracker.4players.de/thread.php?threadid=116087

woRd
11-16-2005, 05:00 PM
rofl best lines from that thread...

oh my god!! i have to clear all my porns videos

bah!! just only i have is a shemales, gays and animals sex videos

Reaper-ACI-
11-16-2005, 06:35 PM
The main issue he wants to bring up is that PB is required - no it's not, it is indeed optional. It's up to the developer to determine the extent of its use, most admins desire it, and U.S Army Official servers require it. If he's so upset about not being able to cheat, then he can go to the Pentagon and complain he can't cheat on their game.