another netcoder journal

I've been thinking about netcoders suing fusen for a while and I've come to the view that if "hacking a server" is illegal then netcoders are actually guilty of that same crime, just in a different form. They create hacks, that others use, and these hacks are "hacking" Enemy Territory, Quake and CoD2 servers. Therefore they are guilty of the same crime fusen is. That's like saying a drug user is guilty of an offence, but a drug dealer isn't. I'd say they have absolutely no case to sue what-so-ever, and they probably know it, and in my opinion they wouldn't dare attempt a case because a) that would mean showing their real faces, and b) it would obviously fail, because if it succeeded every Enemy Territory, Quake and CoD2 server owner would have claim to sue them for hacking their servers. I unfortunately do not know the exact law for cases like these and as I'm currently home from university don't have the resources to check (yet). The point of confusion for me is; is "hacking a server" the same as "hacking a website" in the laws view?

In addition to this there is the EULA (End-User License Agreement) that is included in the booklets of some games (I know Quake 4 has this). There is a relevant part of this quoted on http://www.punksbusted.com/forums/lofiversion/index.php/t15548.html

"4. Prohibition against Cheat Programs. Any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Software to gain any advantage in multiplayer play of the Software is a material breach of this Agreement. It is a material breach of this Agreement for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or otherwise make any use of any software program or any modification to the Software ("Cheat Program") itself that enables or allows the user thereof to obtain an advantage or otherwise exploit another Software player or user when playing the Software against other players or users on a local area network, any other network, or on the Internet. Hacking into the executable of the Software, modification of the Software, or any other use of the Software in connection with the creation, development, or use of any such unauthorized Cheat Program is a material breach of this Agreement. Cheat Programs include, but are not limited to, programs that allow Software players or users to see through walls or other level geometry; programs that allow Software players or users to change their rate of speed outside the allowable limits of the Software; programs that crash either and/or other Software players, users, PC clients, or network servers; programs that automatically target other Software players or users (commonly referred to as "aimbots") that automatically simulate Software player or user input for the purpose of gaining an advantage over other Software players or users; or any other program or modification that functions in a similar capacity or allows any prohibited conduct.

In the event you breach this Section or otherwise breach this Agreement, your license and this Agreement automatically shall terminate, without notice, and you shall have no right to play the Software against other players or make any other use of the Software."

Are there similar EULA's for games like CoD2 and Quake3? 'm not sure if there even is a EULA for Enemy Territory and I doubt it would be as strict seeing as it's a free game. But any way you look at it this contributes to the case that what netcoders are doing as a "profession" is illegal. This would depend on what country you were to take action in I guess. Also netcoders may face a case of tax evasion if they were to reveal their identity to the public in a court case, as they are not a registered company, yet are earning profits (exploitation of the weak minded who want to use hacks). I'm not sure on this point, but its true in English law.

Finally netcoders have already made threats against fusen on mIRC, crossfire forums and probably emails too, you don't need to be a lawyer to know that's illegal ;)

So conclusion; netcoders can fuck off.