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TIEMS KAS NETURI PDF FORMATO SKAITYMO PROGRAMOS
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
JAGEX LIMITED,
PLAINTIFF,
v.
IMPULSE SOFTWARE,
ERIC SNELLMAN, and
MARK SNELLMAN
DEFENDANTS.
Case No. ____________
Jury Trial Demanded
COMPLAINT
Plaintiff, Jagex Limited (“Jagex”), for its Complaint against Defendants Impulse
Software, Eric Snellman, and Mark Snellman (“Defendants”) hereby alleges as follows:
NATURE OF THIS ACTION
1. Jagex seeks injunctive relief, damages, and other related and equitable relief for
copyright violations arising under the Copyright Act, 17 U.S.C. § 101 et seq., for violations of
the Digital Millennium Copyright Act, 17 U.S.C. § 1201 et seq., for trademark infringement and
for false designation of origin/unfair competition arising under the Trademark Act, 15 U.S.C. §
1051 et seq., and for computer fraud and abuse arising under the Computer Fraud and Abuse
Act, 18 U.S.C. § 1030 et seq.
THE PLAINTIFF AND THE RUNESCAPE® GAME
2. Jagex is a corporation organized and existing under the laws of the United
Kingdom (UK registered company number 03982706), and has its principal place of business at
St. John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.
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3. Jagex employs approximately 400 staff and is widely recognized as an industryleading
company having been awarded numerous prestigious awards including The Times Top
100 Best Companies award and was named one of the most successful games studios in the
world by the trade publication Develop Magazine.
4. Since 2001 Jagex has owned and operated the RuneScape® game at the website
www.runescape.com. RuneScape® is a massive multiplayer online game (“MMOG”). The
RuneScape® game takes place in a fantasy-themed realm divided into several different
kingdoms, regions, and cities. Each region offers different types of enemies, resources, and
quests to challenge players. The RuneScape® game is comprised of software (including
executable code, artwork, animation, and audio, among other items) (“Software”) accessed using
a web browser to interact with servers in the United Kingdom, providing a visually stimulating
virtual environment through which users interact within the RuneScape® game. A screenshot of
RuneScape® is shown below:
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5. In 2008 RuneScape® was recognized as the world’s most popular free online
role-playing game by Guinness World Records, with over 130 million accounts created since the
launch of the game in 2001.
6. Jagex offers both a subscription and free-to-play versions of RuneScape®.
Players who choose to subscribe to RuneScape® are given access to additional lands, items and
skills within the game. Advertisements are also displayed on the RuneScape® homepage.
Together, advertising and subscription fees form the core of Jagex’s income.
7. Players set their own goals and objectives in RuneScape®. RuneScape® does not
follow a linear storyline. Within the game players are represented as customizable avatars, a
virtual representation of the player. Players can battle demons and dragons, complete quests, or
increase their experience in any of the twenty-four available skills. Players interact with each
other through trading, chatting, or by participating in both combative and cooperative minigames
and activities.
8. Gaining new experience levels requires a substantial investment of time and effort
in playing the game with many players investing many hundreds of hours over a period of
months or even years. As of October, 2009, the three highest ranked players have a cumulative
total of over 2500 days in game (an average of approximately 20,000 hours each). All
RuneScape® avatars represent a significant time, financial and emotional investment on behalf
of the player.
9. Prior to being allowed to play RuneScape®, users are required to agree to the
Terms and Conditions at http://www.runescape.../terms/terms.ws, attached as Exhibit A. The
Terms and Conditions include the obligation that players follow the “Rules of RuneScape,”
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attached as Exhibit B and found at http://www.runescape...les_of_conduct. The
Rules of RuneScape preclude the use of macros or third-party software:
You must not use other software to gain an unfair advantage in our
games. This includes automation tools, macros, bots, or autotypers.
You may not circumvent any of our mechanisms designed
to automatically log out inactive users.
You also must not use any game-specific, third-party software that
encourages breaking of our rules, or bypasses the normal
navigation of our website, or automatically requests pages from
our website, or which endangers user accounts.
10. Any use of the RuneScape® game or Software that is not in accordance with the
Terms and Conditions is expressly prohibited. Among other provisions, the Terms and
Conditions state that “YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE [JAGEX]
SUFFER[S] ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A
JAGEX PRODUCT.”
11. The provisions of the Terms and Conditions are designed to protect the integrity
of the RuneScape ® game by, among other things, preventing players from cheating, and thereby
adversely impacting the experience of all users that play fairly.
12. The Terms and Conditions provide commercially reasonable contractual
protection of Jagex’s rights in and to the RuneScape® game.
THE DEFENDANTS
13. Upon information and belief, Defendant Impulse Software (“Impulse”) is a
partnership organized and existing under the laws of the State of Florida, and has its principal
place of business at 675 Hummingbird Drive, Indialantic, Florida, 32903.
14. Upon information and belief, Defendants Eric Snellman and Mark Snellman
(“Snellman Brothers”) own and operate Impulse as general partners. Defendants Eric Snellman
and Mark Snellman are believed to reside at 675 Hummingbird Drive, Indialantic, Florida,
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32903. On information and belief, Impulse is believed to be located at P.O. Box 13347,
Gainesville, FL, 32604. On information and belief, Impulse is merely an alter ego of the
Snellman Brothers to shield, hide, and conceal the Snellman Brothers’ illegal and infringing
activities.
15. On information and belief, Defendants have a history and pattern of owning and
operating cheating web sites for a variety of massive multiplayer online games, including
cheating sites for Diablo 3, Starcarft 2, and RuneScape®, as shown in Exhibits E, H, and K.
16. On information and belief, Defendants are responsible for the development and
sale of “Nexus” and “iBot,” software programs (“Bot” or “Bots”) that enable RuneScape® users
to circumvent RuneScape(s) security measures and infringe Jagex’s intellectual property rights in
its RuneScape® game. Defendants’ unauthorized code then enables its users to cheat fellow
players by completing in-game tasks and advancing characters with little or no human
participation, thereby giving Bot users significant unfair and contractually prohibited advantages
over legitimate players.
17. On information and belief, the Bot software downloads a copy of the
RuneScape® game client from www.runescape.com just as would a legitimate player using a
web browser. Once downloaded the Bot software uses a process called reflection to examine the
operation of the RuneScape® client, which is otherwise normally hidden from players. The Bot
software then uses this information in conjunction with color sampling techniques to identify
objects within RuneScape® that the Bot software wishes to interact with, such as trees, mining
spots or monsters.
18. The Bot software is controlled by scripts (a type of software program). Scripts
are written by the Defendants to perform specific functions such as woodcutting, mining or
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fishing, among other activities. These scripts contain information regarding what objects the Bot
software needs to look for and then what it should do with each object once it has found the
desired object in RuneScape®. Scripts are also commonly written to operate in a specific
location within the RuneScape® MMOG world. For example, one mining script may be written
to operate only in the Rimmington mining area within RuneScape® and will contain information
specific to that area, while another might only work in the Mining Guild area of RuneScape®.
19. The www.rscheata.net web site provides a large library of such scripts some of
which may be freely downloaded by users. Other scripts require either a one-time payment or a
recurring subscription before they may be used. These payments are made by users to the
authors of the specific script, who may be the same as or different from the developers of the
macro on which they run.
20. Via the website rscheata.com, Defendants actively market and promote the Bots
with knowledge that they are encouraging and enabling Bot users to breach their contracts with
Jagex.
21. Defendants’ sell the Bots for various prices between $5/week - $5/month,
depending on subscription length. A lifetime subscription is also available for $200.
Defendants’ actions have unjustly profited Mark Snellman and Eric Snellman while negatively
impacting the experience of millions of legitimate RuneScape® gamers and causing significant
damage to Jagex, e.g., including but not limited to loss of player revenue due to reduction in the
amount of legitimate RuneScape® players who quit when their playing experience was
negatively impacted by the defendants’ Bots; employee time investigating and addressing user
accounts using Bots; employee time responding to complaints from legitimate RuneScape®
players regarding others’ use of the Bots, and the like.
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22. The acts of Defendants constitute direct, contributory and vicarious infringement
of registered copyrights in violation of the Copyright Act, as amended, 17 U.S.C. § 501;
trafficking in technology designed for the purpose of circumventing copyright protection systems
in violation of the Digital Millennium Copyright Act, as amended, 17 U.S.C. § 1201(a)(2) and
(b)(1); trademark infringement in violation of Section 43(a) of the Lanham Act, 15 U.S.C. §
1051 et seq.; and computer fraud and abuse arising under the Computer Fraud and Abuse Act, 18
U.S.C. § 1030 et seq.
JURISDICTION AND VENUE
23. This action is for: 1) copyright infringement arising under the copyright laws of
the United States, 17 U.S.C. § 101 et seq.; 2) circumvention of technological measures under the
Digital Millennium Copyright Act, 17 U.S.C. § 1201 et seq.; 3) trademark infringement and
unfair competition arising under the laws of the United States, 15 U.S.C. § 1051 et seq.; and 4)
computer fraud and abuse arising under the laws of the United States, 18 U.S.C. § 1030 et seq..
24. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.
§§ 1331, 1338(a), 1338(b), and 1367(a).
25. This Court has personal jurisdiction over Defendants because Defendants have
done and are doing business in the state in which this judicial district is located, and within this
judicial district. On information and belief, Defendants have committed copyright infringement,
trademark infringement, committed computer fraud and abuse, and unfairly competed by virtue
of, inter alia, Defendants’ sales of the accused Bot products identified herein to purchasers in
this district.
26. On information and belief, Massachusetts has the fourth largest number of users
using Defendants’ Bot products in RuneScape® within the United States.
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27. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391©, and
1400(a). Upon information and belief, Defendants are doing business in this district and
wrongful acts committed by Defendants have occurred in, and are causing injury to, Jagex in this
district.
COUNT I – COPYRIGHT INFRINGEMENT UNDER FEDERAL LAW
28. Jagex restates and incorporates by reference each and every allegation set forth in
the paragraphs above.
29. Jagex owns various copyrights in the Software including, but not limited to,
copyright registrations VA0001684002 (anvil icon), VA0001683989 (archery icon),
VA0001683990 (chisel icon), VA0001683991 (dart icon), VA0001683992 (fire icon),
VA0001683993 (fish icon), VA0001683997 (fist icon), VA0001683965 (knight icon),
VA0001683964 (leaves icon), VA0001683966 (mask icon), VA0001683970 (pickaxe icon),
VA0001683972 (pot icon), VA0001683974 (rune icon), VA0001683977 (shield icon),
VA0001683979 (skull icon), VA0001683978 (sword icon), VA0001683980 (tree icon),
VA0001683983 (watercan icon), VA0001683984 (wizard icon), VA0001683988 (wolf icon),
and VA0001683999 (wood icon), copies of which are attached as Exhibit C.
30. Defendants have infringed and continue to infringe Jagex’s copyright in the
Software under, inter alia, 17 U.S.C. §§ 102, 106, 113, 501, and 602 by copying, reproducing,
making, displaying, importing, selling, and/or distributing the Software in conjunction with
selling Defendants’ Bots without authorization from Jagex. When a RuneScape® player uses the
Bot software, the player exceeds his or her license under the RuneScape® Terms and Conditions,
thereby infringing Jagex’s copyright(s).
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31. Defendants have contributorily infringed and induced others to infringe Jagex’s
copyrights in the Software by selling Bots to RuneScape® players which, when used, cause the
players to exceed the license provided in the Terms and Conditions associated with the Software.
32. On information and belief, Defendants’ infringement has been and continues to be
willful.
33. Jagex has been irreparably damaged, and continues to be damaged irreparably, by
Defendants’ copyright infringement of the Software.
COUNT II – CIRCUMVENTION OF TECHNOLOGICAL MEASURES UNDER THE
DIGITAL MILLENNIUM COPYRIGHT ACT
34. Jagex restates and incorporates by reference each and every allegation set forth in
the paragraphs above.
35. The RuneScape® game and the Software use Java-based security measures to
detect and prevent the use of bot software.
36. Defendants have designed the Bots to circumvent the technological measures
implemented in Java, as shown in Exhibit D. In addition, the Bots’ use of reflection techniques
and circumvention of private access modifiers on RuneScape® data fields circumvents security
measures put in place by Jagex to protect its copyrighted works.
37. Defendants advertise and sell the Bots on various web sites, including
www.rscheata.net and www.impsoft.net, copies of which are attached as Exhibits E and F,
respectively.
38. Defendants’ actions constitute a violation of the Digital Millennium Copyright
Act, 17 U.S.C. § 1201(a)-(b), and § 1203.
39. On information and belief, Defendants’ acts have been and continue to be willful.
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40. Jagex has been irreparably damaged, and continues to be damaged irreparably, by
Defendants’ violations of the DMCA.
COUNT III –TRADEMARK INFRINGEMENT UNDER FEDERAL LAW
41. Jagex restates and incorporates by reference each and every allegation set forth in
the paragraphs above.
42. Jagex owns Trademark Registration No. 2829952 for RUNESCAPE for, among
other things, entertainment services, namely providing an on-line computer game; leisure
services, namely entertainment in the nature of providing multi-user computer games via local
computer networks, global computer networks and the Internet; electronic games services,
namely providing an on-line computer game and providing multi-user computer games via local
computer networks, global computer networks and the Internet, in International Class 041, a
copy of which is attached as Exhibit G.
43. In connection with the Bots, Defendants have made false or misleading
descriptions of fact and/or false or misleading representations of fact that are likely to cause
confusion, mistake, or deception as to the affiliation, connection, or association of Defendant
with Jagex as to the origin, sponsorship, or approval of Defendants’ line of Bot products. For
example, Defendants advertise the Bot line of products on a web site named “RUNESCAPE
CHEATING ASYLUM” at www.rscheata.net, attached as Exhibit H.
44. On information and belief, Defendants’ web site rscheata.net is enrolled in the
Google Ads system, thereby generating substantial revenue based on Defendants’ misleading
actions.
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45. Defendants also own the misleading webmail site runescape.su, a copy of which
is attached as Exhibit J. Defendants are selling email addresses ending in “@runescape.su”,
causing users to believe that runescape.su is a webmail service offered by Jagex.
46. Defendants knowingly and repeatedly use the RUNESCAPE mark in metatags
throughout their web sites, thereby causing users to find Defendants’ infringing web sites when
users search for “runescape” via a search engine. Defendants’ abuse of the RUNESCAPE mark
is intended to deceive or misdirect those who would otherwise be searching for the legitimate
services of RuneScape® and Jagex Limited.
47. Defendants’ actions constitute trademark infringement and unfair competition
under the laws of the United States, 15 U.S.C. § 1051 et seq.
48. On information and belief, Defendants’ trademark infringement has been and
continues to be willful.
49. Jagex has been irreparably damaged, and continues to be damaged irreparably, by
Defendants’ trademark infringement.
COUNT IV – COMPUTER FRAUD AND ABUSE UNDER FEDERAL LAW
50. Jagex restates and incorporates by reference each and every allegation set forth in
Paragraphs 1-43.
51. Defendants’ actions cause users of RuneScape® to exceed their authorized access
of the RuneScape® game and the Software because when the users use the Bot or Bots to cheat
in RuneScape®, the users exceed their authorized access as indicated in the Terms and
Conditions, as defined in Exhibits A and B.
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52. On information and belief, Defendants themselves have knowingly used the Bots
to cheat within the RuneScape® game, thereby exceeding their own authorized access to the
RuneScape® game and the Software.
53. Defendants’ actions intend to defraud Jagex by interfering with legitimate
RuneScape® players, thereby causing distress to those plays. As a result, Jagex spends
considerable amounts of employee time, computational resources, and money to resolve user
complaints, the value of which exceeds $5,000.
54. Defendants’ actions constitute computer fraud and abuse under the Computer
Fraud and Abuse Act, 18 U.S.C. §1030(a)(4) and § 1030(g).
55. On information and belief, Defendants’ computer fraud and abuse has been and
continues to be willful.
56. Jagex has been irreparably damaged, and continues to be damaged irreparably, by
Defendants’ computer fraud and abuse.
DEMAND FOR JURY TRIAL
Pursuant to Federal Rule of Civil Procedure 38 and the Seventh Amendment to the
Constitution of the United States of America, Jagex hereby demands a trial by jury on all issues
so triable.
RELIEF SOUGHT
WHEREFORE, Plaintiff Jagex prays for:
A. Judgment that Defendants (i) willfully infringed Jagex’s copyrights in the
Software; (ii) willfully circumvented technological measures under the law of the United States;
(iii) willfully engaged in trademark infringement under the law of the United States; and (iv)
willfully committed computer fraud and abuse under the law of the United States.
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B. A preliminary and permanent injunction against further infringement of Jagex’s
copyrights in the Software by Defendants, their agents, servants, employees, officers, directors,
affiliates, attorneys, assigns, and all others in active concert or participation with them or
otherwise controlled by them.
C. An order requiring Defendants, their agents, servants, employees, officers,
directors, affiliates, attorneys, assigns, and all others in active concert or participation with them
or otherwise controlled by them, as well as any others that may become aware of the enjoinment
ordered by the Court, to forfeit for destruction all devices, products, components, and any
materials of any type containing the Software, used to infringe the Software and any works
derived from or copied from the Software as well as all implements, devices, or equipment used
in the manufacture of the infringing copies of the Software, and including but not limited to all
domain names owned by Defendants.
D. A preliminary and permanent injunction prohibiting Defendants from further
contact or communication with Jagex’s customers regarding the Software in order to prevent any
further interference with Jagex’s legal rights.
E. An award of Defendants’ profits and damages sustained by Jagex as a result of
Defendants’ copyright infringement, DMCA violations, trademark infringement, and computer
fraud and abuse.
F. An award of (i) the costs of this action, and (ii) Jagex’ reasonable attorneys’ fees,
pursuant at least to 15 U.S.C. § 1117(a).
G. The recovery of all pre-judgment and post-judgment interest on each and every
award.
H. Such other and further relief as the Court deems just and proper.
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Respectfully submitted,
Dated: February 9, 2010 By:
Peter McDermott (BBO No. 330760)
BANNER &WITCOFF, LTD.
28 State Street, Suite 1800
Boston, MA 02109-1705
Telephone: (617) 720-9600
Facsimile: (617) 720-9601
Ross Dannenberg
Christopher Roth
BANNER &WITCOFF, LTD.
1100 13th Street, NW
Suite 1200
Washington, DC 20005
Telephone: (202) 824-3000
Facsimile: (202) 824-3001
Attorneys for Plaintiff,
Jagex Limited
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