This article provides a comprehensive analysis of how AC Diamond Spoofer, marketed as a “SafePlay VIP” cheat for Call of Duty games, violates Activision's terms of service, software license agreement, and potentially contravenes federal laws. The examination will be conducted through a detailed review of relevant legal documents, terms of service, and applicable statutes.
AC Diamond Spoofer is advertised as a third-party software solution that purportedly allows users to gain advantages in Call of Duty games without detection. Key claims about the product include:
The product is offered in various subscription tiers, ranging from single-day access to lifetime subscriptions.
To assess the legality and permissibility of AC Diamond Spoofer, we must examine the following documents:
The Activision Terms of Use explicitly prohibit certain activities related to third-party software and cheating. Section 3(C) of the Terms of Use states:
“You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;”
AC Diamond Spoofer, as an unauthorized third-party software designed to provide in-game advantages, clearly falls within the scope of this prohibition. Users of this software are engaging in expressly forbidden forms of cheating.
Furthermore, the Terms prohibit:
“iii. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Product;”
AC Diamond's claim of being “completely external” suggests that it intercepts and collects game data, which is explicitly forbidden by this clause.
The Software License and Service Agreement (SLSA) provides additional grounds for considering AC Diamond Spoofer in violation of Activision's terms. Section 3(A) of the SLSA states:
“Activision grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product.”
By using AC Diamond Spoofer, users are violating the terms of this limited license, as they are using the game in conjunction with unauthorized third-party software.
Section 3(C) of the SLSA reiterates the prohibition on cheating:
“You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;”
This clause leaves no ambiguity: AC Diamond Spoofer is an unauthorized third-party cheat that violates this agreement.
The SLSA also prohibits:
“v. facilitate, create or maintain any unauthorized connection to the Product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Product; and (b) any connection using programs or tools not expressly approved by Activision in writing;”
AC Diamond's software necessarily creates an unauthorized connection to the game to function, thereby violating this provision.
The Call of Duty Security and Enforcement Policy provides specific prohibitions relevant to software like AC Diamond Spoofer. The policy explicitly states:
“Use of Unauthorized Software for Cheating/Modding/Hacking
Any user who utilizes any code and/or software not authorized by Activision that can be used in connection with the game and/or any component or feature thereof which changes and/or facilitates the gameplay or other activity, including to gain an unfair advantage, manipulate stats, and/or manipulate game data, is subject to penalty.”
AC Diamond Spoofer falls squarely within this definition of unauthorized software. The policy further elaborates:
“This includes, but is not limited to, aimbots, wallhacks, trainers, stats hacks, texture hacks, leaderboard hacks, injectors, input mapping software, or any other software used to deliberately modify game data on disk or in memory.”
While AC Diamond claims their software is “external,” it still falls under the broad prohibition of “any other software used to deliberately modify game data.”
The Call of Duty Security and Enforcement Policy outlines severe penalties for using unauthorized cheating software:
“First offense: User may be permanently suspended from playing the game online, have their stats, emblems, and weapon customizations reset, and be blocked permanently from appearing in leaderboards.”
For “Extreme or repeated offenses,” the policy states:
“User may be permanently suspended from playing the game online, have their stats, emblems, and weapon customizations reset, and be blocked permanently from appearing in leaderboards.”
Additionally, Activision reserves the right to report users to console manufacturers or other platform holders for further action.
Beyond violating Activision's terms of service, users of AC Diamond Spoofer may be exposing themselves to legal liability under federal law. Several statutes are potentially applicable:
The CFAA, codified at 18 U.S.C. § 1030, prohibits unauthorized access to protected computers. While primarily aimed at hacking, the broad language of the statute could potentially apply to the use of cheating software that accesses game servers in unauthorized ways. Specifically, section 1030(a)(5)(A) prohibits “knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage without authorization, to a protected computer.”
The DMCA, specifically 17 U.S.C. § 1201, prohibits the circumvention of technological measures used to control access to copyrighted works. AC Diamond Spoofer, by bypassing Activision's anti-cheat measures, could potentially be considered a circumvention tool under the DMCA.
Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive acts or practices in or affecting commerce.” The marketing and sale of cheating software that violates game terms of service could potentially be considered a deceptive practice under this statute.
The Activision Software License Agreement includes an indemnification clause that could expose users to civil liability:
“You agree to indemnify, defend and hold harmless Activision and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (i) any breach by you of the Agreement, and/or (ii) your posting or uploading any UGC.”
By using AC Diamond Spoofer in violation of the Agreement, users could potentially be held liable for Activision's legal costs in pursuing action against cheat makers or other users.
Analysis of AC Diamond's Safety Claims
AC Diamond makes several claims about the safety and undetectability of their Spoofer product that warrant scrutiny:
Claim: “It is specifically designed for a different audience – those who simply want to have some fun with their friends by cheating and winning games without the hassle of constantly switching accounts.”
Analysis: This claim is irrelevant from a legal standpoint. The intent of the user does not negate the violation of Activision's terms of service. Any third-party software designed to provide unfair advantages violates the terms, regardless of the user's motivation.
Claim: “Unlike other cheats on the market, our SafePlay VIP Cheat operates using a real spoofer that ensures your hardware/PC remains undetectable.”
Analysis: This claim is both unverifiable and irrelevant. Activision's terms of service prohibit any form of cheating or use of unauthorized third-party software, regardless of its detectability. Furthermore, the use of a “spoofer” to evade anti-cheat measures is explicitly against the rules.
Claim: “Rest assured, this cheat does not tamper with the game in any way, nor does it modify memory or block anti-cheat systems.”
Analysis: This claim is likely false or misleading. For the cheat to function and provide advantages, it must be interacting with the game in unauthorized ways, even if “external.” Any unauthorized software used in conjunction with the game violates the terms of service.
Claim: “This is your go-to cheat for legit style of play, and is the safest even for your main account.”
Analysis: This claim is both misleading and contradictory. There is no such thing as “legit style” cheating under Activision's terms of service. Any use of unauthorized third-party software risks account penalties, regardless of how subtle the cheating may be.
The proliferation of cheating software like AC Diamond Spoofer has significant negative impacts on the Call of Duty ecosystem:
To combat cheating software like AC Diamond Spoofer, Activision has implemented the RICOCHET Anti-Cheat system. Key features include:
Activision has also pursued legal action against cheat providers, demonstrating a commitment to combating cheating through both technological and legal means however we are not blind to ricochet's failures, Call of Duty's ignorance of the community among various things; however first we must weed out alot of bad actors such as AC Diamond, Proofcore, GhostAim, DMA providers, PhantomOverlay.
AC Diamond Spoofer unequivocally violates multiple aspects of Activision's terms of service, software license agreement, and security policies for Call of Duty titles. Users of this unauthorized third-party software risk severe penalties, including permanent account bans and potential legal liability.
The use of such software not only violates contractual agreements with Activision but may also run afoul of federal laws such as the CFAA, DMCA, and FTC Act. The negative effects of cheating software extend beyond individual users, compromising the integrity and long-term viability of the Call of Duty franchise.
Activision's robust anti-cheat efforts, including the RICOCHET system and legal actions against cheat providers, demonstrate the company's commitment to maintaining fair play. As these systems continue to evolve, the risks associated with using products like AC Diamond Spoofer will only increase.
The use of AC Diamond Spoofer or similar cheating software is not only a violation of Activision's terms of service but also poses significant risks to users' accounts, potentially exposes them to legal liability, and undermines the integrity of the Call of Duty gaming ecosystem. Players are strongly advised to adhere to the terms of service and engage in fair play to ensure the long-term health and enjoyment of the game for all participants.
The use of AC Diamond Spoofer or similar cheating software to engage in activities that generate profit potentially constitutes wire fraud, a serious federal offense. This section examines the legal framework of wire fraud and its application to the use of cheating software in online gaming for financial gain.
Wire fraud is codified under 18 U.S.C. § 1343, which states:
“Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.”
To establish wire fraud, prosecutors must prove the following elements beyond a reasonable doubt:
Using AC Diamond Spoofer for profit-generating activities in Call of Duty games potentially satisfies all elements of wire fraud:
Several activities involving AC Diamond Spoofer could potentially be classified as wire fraud:
Conviction for wire fraud carries severe penalties:
While cases specifically involving cheating software and wire fraud in gaming are limited, there are relevant precedents:
The use of AC Diamond Spoofer or similar cheating software for profit-generating activities in Call of Duty games bears all the hallmarks of wire fraud. The deliberate nature of the deception, the use of interstate communications, and the intent to profit collectively satisfy the elements of the offense as defined in 18 U.S.C. § 1343.
Individuals engaging in such activities expose themselves to significant legal risk, including the possibility of federal prosecution, severe penalties, and lifelong consequences. Moreover, these actions undermine the integrity of online gaming ecosystems and erode trust within gaming communities.
Law enforcement agencies and prosecutors should be aware of the potential applicability of wire fraud statutes to these activities. Pursuing such cases could serve as a powerful deterrent against the use of cheating software in online games, particularly when motivated by financial gain.
Game developers, tournament organizers, and content platforms also have a responsibility to implement robust detection systems and clear policies to prevent and report such fraudulent activities. By doing so, they can help preserve the fairness and integrity of competitive gaming environments and protect legitimate players and content creators from fraudulent practices.