A story at the BBC takes a look at the use of private game servers for games that tend not to allow them. While most gamers are happy to let companies like Blizzard and NCSoft administer the servers that host their MMORPGs, others want different rules, a cheaper way to play, or the technical challenge of setting up their own. A South African player called Hendrick put up his own WoW server because the game "wasn't available in the country at the time." A 21-year-old Swede created a server called Epilogue, which "had strict codes of conduct and rules, as well as a high degree of customized content (such as new currency, methods of earning experience, the ability to construct buildings and hire non-player characters, plus 'permanent' player death) unavailable in the retail version of the game." The game companies make an effort to quash these servers when they can, though it's frequently more trouble that it's worth. An NCSoft representative referenced the "growing menace" of IP theft, and a Blizzard spokesperson said,"We also have a responsibility to our players to ensure the integrity and reliability of their World of Warcraft gaming experience and that responsibility compels us to protect our rights."

A recent post at the Press Start To Drink blog examined the relationship the games industry has with copyright laws. More so than in some other creative industries, the reactions of game companies to derivative works are widely varied and often unpredictable, ranging anywhere from active support to situations like the Chrono Trigger: Crimson Echoes debacle. Quoting: "... even within the gaming industry, there is a tension between IP holders and fan producers/poachers. Some companies, such as Epic and Square Enix, remain incredibly protective of their Intellectual Property, threatening those that use their creations, even for non-profit, cultural reasons, with legal suits. Other companies, like Valve, seem to, if not embrace, at least tolerate, and perhaps even tacitly encourage this kind of fan engagement with their work. Lessig suggests, 'The opportunity to create and transform becomes weakened in a world in which creation requires permission and creativity must check with a lawyer.' Indeed, the more developers and publishers that take up Valve's position, the more creativity and innovation will emerge out of video game fan communities, already known for their intense fandom and desire to add to, alter, and re-imagine their favorite gaming universes."

CWmike writes "Criminal cybergangs must be harried, hounded and hunted until they're driven out of business, a noted botnet researcher said as he prepared to pitch a new anti-malware strategy at the RSA Conference in SF. 'We need a new approach to fighting cybercrime,' said Joe Stewart, director of SecureWorks' counterthreat unit. 'What we're doing now is not making a significant dent.' He said teams of paid security researchers should set up like a police department's major crimes unit or a military special operations team, perhaps infiltrating the botnet group and employing a spectrum of disruptive tactics. Stewart cited last November's takedown of McColo as one success story. Another is the Conficker Working Group. 'Criminals are operating with the same risk-effort-reward model of legitimate businesses,' said Stewart. 'If we really want to dissuade them, we have to attack all three of those. Only then can we disrupt their business.'"

NewYorkCountryLawyer writes "Lest there be any doubt that District Judge Michael J. Davis, presiding over the Duluth, Minnesota, case, Capitol Records v. Thomas, really does 'get it' about the toxic effect the RIAA, its lead henchman Matthew Oppenheim, and their lawyers have had on the judicial process, all such doubt should be removed by the order he just entered (PDF). It removes control of the decision-making process from the RIAA, Oppenheim, and the lawyers. In the order Judge Davis spells out, in the clearest possible terms so that there can be no misunderstanding, that at the extraordinary 2-day settlement conference he has scheduled for later this month, each record company plaintiff is ordered to produce an 'officer' of the corporation, or a 'managing agent' of the corporation, who has corporate, decision-making, 'power.' The judge makes it clear that no one who has 'settlement authority' with any limits or range attached to it will be acceptable. This means that 'RIAA hitman' Matthew Oppenheim will not be able to control the settlement process as he has been permitted by the Courts to do in the past."