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Blizzard Rains on Bnetd Project

Posted by michael on Wed Feb 20, 2002 09:27 PM
from the yellow-rain dept.
Sir Homer writes: "Blizzard Entertainment has shut down the bnetd project using the DMCA, as declared in their site. The bnetd project is a battle.net server emulator licenced under the GNU/GPL originally for Linux and also works on most Unix variants. Project details can be found on this freshmeat.net page." As I understood it, bnetd was a complete re-implementation of battle.net, so it isn't clear what copyright violation Blizzard alleges occurred. Note to bnetd: under the DMCA, you can file a counter-notice with the hosting provider asserting that Blizzard was wrong.
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[+] Gamers, EFF Speak Out Against DRM 203 comments
Last month, we discussed news that the FTC would be examining DRM to see if it needs regulation. They set up a town hall meeting for late March, and part of that effort involved requesting comments from potential panelists and the general public. Ars Technica reports that responses to the request have been overwhelmingly against DRM, and primarily from gamers. The Electronic Frontier Foundation also took the opportunity to speak out strongly against DRM, saying flat out that "DRM does not prevent piracy," and suggesting that its intended purpose is "giving some industry leaders unprecedented power to influence the pace and nature of innovation and upsetting the traditional balance between the interests of copyright owners and the interests of the public." Their full public comments (PDF) describe several past legal situations supporting that point, such as Sony's fight against mod chips, Blizzard's DMCA lawsuit against an alternative to battle.net, and Sony's XCP rootkit.
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  • by Rev. Null (127972) on Wednesday February 20 2002, @09:30PM (#3041634)
    You guys make some great games. I've had countless hours of fun with the Diablos, the Warcrafts, and Starcraft. Now I'll never buy any of your products again. Bye.
    • by i_am_nitrogen (524475) on Wednesday February 20 2002, @09:54PM (#3041770) Homepage Journal
      Don't be too hard on Blizzard themselves. It's all Vivendi's fault. Remember? The people who took MP3.com and turned it into an (even worse) annoyingly commercial craphole? The people who bought Sierra and Valve and Blizzard and made the policies on their games suck? Vivendi is evil, not Blizzard.
    • I've purchased virtually every game Blizzard has ever put out, and was really looking forward to Warcraft III. I won't be buying it now.

      Y'all might think about sending a nasty letter to Blizzard telling them what you think of them (include root@ and sales@; piracy@ might just be a dumping ground for vents), as I did. I doubt they give a shit if one pissed-off customer tells them to go to hell, but if five or ten thousand did that's a fair chunk of change....

      Max
    • Wait a minute! The DMCA shouldn't apply at all in this case!

      They claim that bnetd is a copy protection circumvention device. Namely, that it allows you to play without a unique CD-key, i.e., a pirated copy. Problem is, the only thing the copy protection does is prohibit access to Blizzard's Battlenet. It doesn't keep you from playing single or multiplayer games at all. Bnetd is only a circumvention device if the people using it gain access to Battlenet where they otherwise wouldn't. That is not the case.

      It's like claiming a left-handed catcher's mitt is a circumvention device because people who use it won't be using the right-handed version to play baseball, ignoring the fact that you can still play without either.

      • Where does Blizzard make a profit from battle.net?
        • They make profit out of battle.net by making it the only online network you can use to play some of your favorite games (think Diablo II, great single-player game but you can only play it multiplayer with battle.net. and maybe LAN?) On battle.net, they can enforce their CD-KEYs, whereas on clone networks, they cannot. This forces anyone who wants to play online to buy their own legitimate copy.
      • Blizzard doesn't sell Battlenet; it's a free service to owners of their games. So it's more like, "Oh boy, a company won't let me do what I want with the game I bought with real money."

        If anyone sold you a book and said you could only use official [publisher] bookmarks in it, since reverse-engineering their patented bookmark technology is illegal, you'd laugh your head off. How about a sack of potatoes which you are not allowed to make into waffle fries like Chick-Fil-A's, or a box of pens with which you are not allowed to write anything about the manufacture of writing utencils, past present or future. Absolutely nobody would think these to be even remotely reasonable restrictions on usage of something I purchased. Why then is the DMCA seen as good and proper by anyone at all?

        If you want to talk about knee-jerk reactions, look at the guys who thought up the DMCA. You know, the ones who think that Congress is only there to guarantee their continued income. "Oh no, new technology threatens our revenues. Our lawyers tell us that the only solution is to make it illegal to do anything we do not explicitly permit." Gee, what a great idea.

  • Down with the DMCA! (Score:3, Informative)

    by I Want GNU! (556631) on Wednesday February 20 2002, @09:30PM (#3041639) Homepage
    We all know that the DMCA sucks, so how about we do something about it? Sign the "Abolish the Digital Millenium Copyright Act" petition! [petitiononline.com]. Oh yeah, and donate to the Free Software Foundation [fsf.org], those goes have been working pretty hard to stop this nonsense from taking place.

    It's time the politicians got some sense knocked into them.
      • by Jeremi (14640) on Wednesday February 20 2002, @10:54PM (#3042125) Homepage
        Writing a letter, sealing it in an envelope, purchasing postage, and mailing the letter means infinately more


        Does it? I've written a few letters to my legislators, and with one partial I have had no indication that my letters were ever opened, much less read. For all I know, they are stilling sitting in anthrax quarantine somewhere, or were thrown out unopened. Realistically, the best I can hope for is that some intern scanned the first paragraph of the letter for keywords, pressed a "tally one against the DMCA" button on his computer, and threw the letter away. Can someone offer me evidence to the contrary? I'd love to see my cynicism refuted by someone's experiences to the contrary... :^/


        Essentially I feel like I have no say in my government's decisions, because I'm not rich enough to buy influence through campaign contributions. And even if I did have enough money to buy influence, I hardly think that is the way a democracy is supposed to work. Time to move to Canada?

        • I've worked as an intern in congressional offices before and let me tell you: EVERY letter that arrived in that office was opened, read, catalogued and responsed to by somebody in that office. The most pertinent/interesting/representative ones of those were even included in packets of reading materials for this Congressperson to look over every week. If your member of Congress is not responding to constituent mail, then either that person's office is horribly mismanaged, this member is not facing a tough re-election, or your member just doesn't have a clue. In other words, writing letters, in my experience, is a good way to keep in touch with your government representatives (perhaps I'm too optimistic, but I call them as I see them).
  • Boycott (Score:5, Insightful)

    by qslack (239825) <qslack@[ ]ox.com ['pob' in gap]> on Wednesday February 20 2002, @09:31PM (#3041645) Homepage Journal
    bnetd was a lifesaver for me. Battle.net wouldn't work with my LAN setups so when I wanted to play with friends, one of them set up a bnetd. Thank you for all you've done, whoever wrote it.

    But on to the topic of Blizzard. They're soon to be releasing Warcraft III, and the Slashdot audience is going to be a major market for them. I think we should steer away from any of their products until they withdraw this complaint and compensate/apologize.

    So: when you see Warcraft III on the shelves, don't buy it. Buy Castle Wolfenstein or whatever, just don't buy products from a company who is against our rights on the net.
    • Would sniffing packets be counter to the DMCA?
      I'm no coder, but I would assume that you could find most of the information you need to send and receive in the packets if you analyze it long enough. Can someone in the know elaborate on how they did it, and why it's counter to the DMCA?

      It's nice that we don't have that dumbass law up here (Canuck land), but then US lawmakers have no problems foisting such laws against friendly countries, so really none of us are safe.
    • Re:Boycott (Score:3, Insightful)

      This all ignores one simple fact:

      If you buy a product from me on the condition that you only use it while wearing your grandmother's dress and masturbating into a jar of peanut butter, and you can't abide by those conditions, then don't buy the product.

      Now, if Blizzard doesn't have any legalese in their purchase agreement restricting services such as bnetd, then Blizzard can fuck themselves and you can do whatever you want with your game.

      Note that I care not one iota for the legal aspects of anything. The moral and the ethical aspects are my only concerns, and those are sometimes at odds with the legal framework. I won't live long enough even if I reach extreme old age to change unjust laws in the courts, but i do honor any and all contracts that I have assented to, and if Blizzard wants me in grannie's nightdress with peanut butter on my cock and I want to play Warcraft III bad enough, move over granny and hello, Jif.

      You can't get any simpler than that.

      Yes, I know that Blizzard are trying to prevent ther use/programming of a server product, but the same idea applies. Presuumably the programmers of bnetd had to obtain a legal copy in order to program their server. Therefore, if such a restriction exists in the Blizzard EULA, then I feel that the bnetd people are morally obligated to honor it. If not, well, as I said before, Blizzard can fuck thmselves.

      Does the restriction exist or not?
  • Overseas! (Score:3, Insightful)

    by starduste (550437) on Wednesday February 20 2002, @09:31PM (#3041647)
    What about hosting the site overseas? That way, the DMCA copyright law would not apply...
  • by Commienst (102745) on Wednesday February 20 2002, @09:32PM (#3041651) Homepage
    Sorry, ...

    ... we are down right now. However, this time it isn't because of technical reasons but for legal issues.

    This site has been disabled as requested by Blizzard Entertainment and it will remain closed as we have no legal recourse other than to file a lawsuit against a large corporation. This is due to 17 USC Section 512(c)(1)(C) (AKA DMCA, supposedly required to be passed by WIPO treaties). Blizzard claims bnetd is in violation of 17 USC Section 1201(b), though we do not agree with their interpretation. Blizzard refused to specify a specific list of files on this site so the whole thing must be blocked. We are very sorry for the inconvenience but there is nothing we can do.

    Text of original message follows:

    February 19, 2002

    Internet Gateway Inc.
    tjung@igateway.net
    noc@igateway.net
    hostmaster@igateway.net

    Dear Sir or Madam:
    This letter is to notify you, pursuant to the provisions of the Digital
    Millennium Copyright Act, that we believe one of your customers is
    infringing Blizzard Entertainment's, a division of Vivendi Universal Games,
    Inc. ("VUG"), copyrighted materials. Specifically, Blizzard Entertainment is
    the owner of the copyright for the computer games Diablo(r) II and StarCraft(r)
    and the multi-player server software run by Blizzard Entertainment on its
    Battle.net(r) site. The following site hosts and/or distributes software that
    violates Blizzard Entertainment's copyright:
    http://www.bnetd.org/
    The aforementioned site either hosts or distributes software which illegally
    modifies and/or alters Blizzard Entertainment copyrighted software or
    bypasses anti-circumvention technology, thereby infringing upon Blizzard
    Entertainment copyrights. Accordingly, Blizzard Entertainment demands that
    you act expeditiously to remove, or disable access to, the web page listed
    above in order for you to claim a safe harbor under the DMCA from liability
    for contributory and vicarious copyright infringement. Please immediately
    delete or disable access to this web page and remove its contents from view.
    Should you have any questions, please contact the undersigned at
    piracy@blizzard.com or 949-955-1380 extension
    1616.
    I have a good faith belief that use of the material in the manner complained
    of is not authorized by Blizzard Entertainment, VUG, its agents or the law,
    and that the information in this notice is accurate. I declare under penalty
    of perjury under the laws of the United States of America that I am
    authorized to act on behalf of all of the aforementioned entities.

    Sincerely,
    Rod Rigole
    Corporate Counsel

    End of original message.

    We would like to thank our users for all the support and feedback over the years.
  • by Anonymous Coward
    Here we go, while it lasts:

    http://www.cs.nmsu.edu/~rocombs/sc/ [nmsu.edu]
  • While it's not GPLed, the battle net server that everyone actually uses is still available.

    There's no sign on their homepage that they have received nasty letters.

    http://www.fsgs.com
  • I think Blizzard may have the best reputation among gamers of any development company. They've never put out anything but great games. I guess they don't mind blowing all that goodwill away.

    It's obvious why Blizzard wishes this project didn't exist: they're trying to make money with Battle.net, and here these guys come along to potentially wipe out the market. So I might even have some degree of sympathy for them. But using the DMCA is just so obviously Wrong... it's practically immoral.

    There's business, there's even "playing rough", and then there's just plain being assholes. Blizzard has crossed the line, and I don't think I'll ever think of them as highly again.
    • Blizzard is the same company that incorporated SPY-WARE into StarCraft, and when called on it their response was akin to "Oh, you caught us... we'll take it out now, honest."

      That didn't stop me buying Diablo II a while later, but after this I sure as sh!t won't be buying anything from them again...
    • by alsta (9424) on Wednesday February 20 2002, @09:46PM (#3041736)
      Please excuse me, but:

      "But using the DMCA is just so obviously Wrong... it's practically immoral."

      I thought that the DMCA was immoral to start with. IANAL, but they could very well pull this off. And it could be worse than you might think.

      The battle.net servers store CD keys in some fashion to prevent multiple uses of the same key. In doing so, they can and probably will, claim that it is a copy protection device. You know, the kind that is illegal to circumvent, or provide means of circumvention to others, under the DMCA.

      Enter bnetd. This is a GPL project which can be run by anybody, anywhere. Now these CD keys don't have to be checked, because the server might not require that. Hence paving way for your local lan party, using one CD key. Very much a circumvention of a protective device, if their device is what I described earlier.

      Now, the real motive is why Blizzard may be trying to do this. Sales may be one issue, but it is still going to be fairely limited to people who know what they're doing. The more feasible version is probably that they're looking to charge an access fee for battle.net. The bnetd project would make a huge dent in such efforts, if not strike it down.

      Here's the good part about that. If the bnetd people can reasonably prove that Blizzard acted in bad faith, the case may be dismissed.

      But then again, IANAL.
      • by Anonymous Coward
        This is exactly what they are claiming. But it doesn't make sense for a few reasons:

        1) The game could check for duped keys itself since it has to talk to the other clients. It does not.
        2) The user could play over TCP/IP with Diablo II and older games allowed playing with IPX
        3) The CDKEY check can not be implemented in third-party servers because it is encrypted! The number is different every time - even for the same key!

        The bnetd project has been very careful to stay away from cracks, serial numbers, ISOs, etc. They were removing items like those from the message boards. It sure didn't seem to help them in the end!
  • The only solution (Score:4, Insightful)

    by Prop (4645) on Wednesday February 20 2002, @09:36PM (#3041682) Homepage

    People bitch about the DMCA but if Blizzard comes out with a must have game, will you go out and buy it anyway ?

    Time to show you intend to punish companies that wield the DMCA to clobber the little guys.

    Boycott Blizzard.

    • by zerocool^ (112121) on Wednesday February 20 2002, @10:30PM (#3041939) Homepage Journal
      It won't do anything.

      I hate to burst the /. reader's bubble, but the collective group of us boycotting a game will do *nothing* to hurt blizard.
      Let's think about this: Slashdot has about a quarter million users. Of these, about 1/3 are zealots who don't run windows, not even for the little pleasures. Of the remaining, i would suspect fewer than 1/5 of them *EVER* buy software because they feel damnit it should be free (beer). And after that, I would say that 10% of the remaining windows users who don't pirate software actually play blizard games but would be still willing to participate in a boycot. The rest will go on buying the game anyway because it's going to be a good game.

      So we're left with 3000 people that will take part in a boycot against the DCMA and Blizzard simultaneously. Oh Ouch. How many copies of diablo II have sold? [blizzard.com]
      Well here's a guess. 2.75 Million copies. And again, [blizzard.com]
      how about the expansion? Another million copies. Boycotting them will do no good.

      Now, I was trying to figure out why they did this, and I was thinking "oh this is easy, there's a charge for playing on battle.net, that's their revenue model. But on battle.net [battle.net] i found this:
      Battle.net provides an arena for Blizzard customers to chat, challenge opponents and initiate multiplayer games, at no cost to the user. There is no hourly or monthly fee to use Battle.net, and there is no startup charge. To play a supported game over the Internet with other players worldwide, simply select the Battle.net option from within the game.

      So what gives, blizard? How is this helping you? Are there ads in battle.net? Do you use it for free market research somehow? Do you simply want to track ALL of the online blizard games going on? Throw me a bone here.

      But let's be serious: I'm not going to boycott blizzard. They've only released 5 games in their history, yet they've ALL been fantastic smash hits that i've loved. So I'm just going to go do the exact same thing that every other casual windows user on slashdot is going to do. I'm going to wait for a copy of it to hit kopykatz or morpheus and download it.

      Boo fucking hoo, boycot.

      ~z
      • Re:The only solution (Score:5, Interesting)

        by rbeattie (43187) <russ@russellbeattie.com> on Wednesday February 20 2002, @11:46PM (#3042453) Homepage
        You're an idiot.

        You boycott something by not buying the product and then actively telling your friends and relatives not to buy it either. Whenever you hear people mention the name, you go into litanies about the company and don't shut up until whoever is listening to you agrees not to buy the product either. You post to message boards, you bug your local merchant, you do what you need to do to get your message across. Maybe you'll be lucky and get someone in the press to notice and then the word will spread even more.

        3000 people know a lot of people. It's a networking effect.

        -Russ
  • by Baca (7658) on Wednesday February 20 2002, @09:38PM (#3041695)
    http://sourceforge.net/projects/bnetd

    CVS, and the downloadable files are still there for now.
      • "This Project Has Not Released Any Files"

        When you see this on SourceForge, it generally means that everything the project has done up to that point is considered beta quality at best. There is no official "release" of the project yet. However, there is often a CVS repository that can be used to slurp up the current state of the project. The parent poster was attempting to point out that you can still use CVS to download this from SourceForge. I hope Blizzard misses this point long enough for a ton of people to get the files.

        In addition to the boycotts being called for, I thought of a way for development to start back up. Use anonymous remailers to post signed tarballs and patches to USENET. That's awkward but would allow development to start back up unimpeded by Blizzards lawyerbots. Serve 'em right too.

        This could be a killer app for Freenet if someone could think of a way to host a project inside it's cloud.
  • by crisco (4669) on Wednesday February 20 2002, @09:39PM (#3041702) Homepage
    to YRO, any bets whether it gets double posted to /. twice?

    Seriously though, this only happened when someone warezed the WarcraftIII beta and modified it to work with BNetD, creating an 'open' beta test. This obviously infuriated Blizzard into having the BNetD project shut down. A shame too, since it doesn't cost them anything to have quite a few more of their fans playing the beta.

  • Digital Millenium Copyright Act: (layman's definition) A piece of legislature which prevents people from thieving digital ideas or products and publishing them as their own.

    BNETD: A program that emulates a battle.net server.

    Notice how it says "server"? Blizzard doesn't sell their server software, and nor does BNETD allow people to play the Blizzard games. I've never heard of a company shutting down a utility on the grounds that it enables more people to use their product. That'd be like a bucket company suing a mop company for making mops designed to fit in their buckets.

    DMCA all over again...
  • by csen (41241) on Wednesday February 20 2002, @09:41PM (#3041715) Homepage
    I'm willing to bet some Warcraft III ladder points that the timing of bnetd being shut down was due to the Warcraft III beta. People (myself included) are using it to play the beta illegally, which maybe made them think that we'd simply use the cracked beta instead of buying the game at a later date. I still don't understand what's so bad about a few thousand extra beta testers, but hey, it's their product, they have the right to do whatever they want with it.
    • by TrIaX (59440) on Wednesday February 20 2002, @11:08PM (#3042224)

      The BNetD project had NO support for Warcraft 3 in it, and the team was not planning on even starting to add Warcraft3 support to it until it was officially released by Blizzard.

      What you had was a group of people downloading the source code and modifying the source code to work with Warcraft 3, OUTSIDE of the BNetD tree. The BNetD project had nothing to do with the leaking of the Warcraft 3 beta, nor the support for the non-blizzard bnet servers for War3.

      What you basically have is somebody getting ahold of an Open Source program, changing the source to violate license agreements with Blizzard (beta testers, read the agreement over) or enabling people to play pirated beta copies of the software, and the original open source project getting busted for it. This would be like somebody downloading the source for grep, changing it to automatically break out copy protection in some program, distributing it back out on the net and then the companies going after grep as being the issue.

      This leaves a bad taste in my mouth. I also just cancelled my pre-order of Warcraft 3.

  • by dbrown (29388) on Wednesday February 20 2002, @09:45PM (#3041732) Homepage
    If I remember correctly, Battle.net is a completely free service. It's not like bnetd was taking revenue away from some online service Blizzard has. However, Battle.net does serial number verification. You cannot create a battle.net account without a unique serial number which is only obtained by buying a legit copy of the game.

    I don't know enough about bnetd, but I would bet that bnetd doesn't do serial number verification. This basically allows everybody to use the same warez copy of a particular game and enjoy the benefits of Battle.net. I'm sure this is the largest reason why Blizzard wants to shut them down. Blizzard doesn't make any money off its free Battle.net service, but it does enforce that people actually buy the game.

    - d
  • Blizzard's Lawyers (Score:5, Informative)

    by protektor (63514) on Wednesday February 20 2002, @09:48PM (#3041744)
    Well I talked with Blizzards lawyers about this. They claim the problem is that bnetd doesn't have the CD-KEY anti-piracy that their servers have. Thus anyone with pirated copy can play online with bnetd but not on battle.net, thus we are encouraging piracy by providing a place for people with pirate copies to play online.

    I suspect the real reason is the Warcraft 3 BETA mess. Combine this with the issue of other groups (http://www.madgrfx.com/warforge.html, http://www.clan519.com/, and a group on DALnet #bnetd) trying to say that they were the bnetd group and began working to support the Warcraft 3 BETA being pirated everywhere. Well I am sure that didn't help things at all.
    • > They claim the problem is that bnetd doesn't have the CD-KEY anti-piracy that their servers have.

      This raises some obvious questions:

      a) If bnetd did have the cd-key anti-piracy implimented, would Blizzard allow bnetd to exist?

      b) Would Blizzard offerer any source, or binaries (.lib, .dll) to authenticate CD-KEYs ?
  • by mrAgreeable (47829) on Wednesday February 20 2002, @09:50PM (#3041751)
    They implement copy protection via a serial number, which is verified online through the battle.net servers. If you have your own server, and modify your hosts file or whatever so that it goes to this new server instead of the battle.net server, their copy protection is circumvented. The DMCA says you can't make a device ("device" having been interpreted to mean software) that bypasses copy protection.

    It's a terrible law, which copyright holders can apply in far too broad a scope, but terrible or not, it's on the books. Write your legislator, or hope the supreme court finally stops it.
  • mirror (Score:5, Informative)

    by jbridge21 (90597) <jeffrey+slashdotNO@SPAMfirehead.org> on Wednesday February 20 2002, @09:53PM (#3041767) Journal
    http://censored.firehead.org:1984/bnetd/

    I expect to get the CVS version of the project up there soon as well.
  • Bye Blizzard. (Score:5, Insightful)

    by Restil (31903) on Wednesday February 20 2002, @09:54PM (#3041773) Homepage
    You've fallen. Starcraft was one of my favorite games. In fact, its the last game I ever bought, as I'm no longer much of a gamer. Me sitting here vowing to never purchase another of your games will no doubt fall on deaf ears, and it would be a pointless guesture since I'm not buying them anyways.

    But consider something. bnetd costs you nothing. If anything, it saves you bandwidth costs. You still sell the games. Oh, sure, you might complain that there's no cd key verification in bnetd and people can play cracked copies online with others now. Is this your reason? Perhaps it makes sense. Perhaps it doesn't. Maybe this gives cheaters the upper hand, maybe it doesn't. Maybe nobody really cares anyways.

    What have you accomplished? Did the DMCA stop the proliferation of decss? No, it just moved it underground. You've taken a legal product and forced them to become outlaws. Now they have NO desire to cooperate with you, nor should they. Here is a group of people, who for NO MONEY WHATSOEVER have taken it upon themselves to provide services in your honor, to promote your products. And how do you respond?

    What could these people have done for you? Its these same dedicated individuals who spend countless hours creating maps, who create all the fan sites. Creating for years on end an almost insatiable market of gamers who drool in anticipation of your next quality release, so they can start all over again starting with a purchase that puts money in your pocket and funds your next game. They're your customers. They're people who have a vested entertainment interest in prolonging the life and creative talents of your fine establishment. Without these people, your games would have no community. They would be played for a few months then forgotten. Your sales would never reach the levels you're used to seeing. These people are the reason you exist as you do today.

    And you've just gone and pissed them all off. Great job. I truely admire your lack of vision.

    -Restil
    • Re:Bye Blizzard. (Score:5, Informative)

      by Soko (17987) on Wednesday February 20 2002, @10:38PM (#3041986) Homepage
      Your answer is in the letter sent to the bnetd folks, as posted here [slashdot.org]:

      Blizzard Entertainment's, a division of Vivendi Universal Games,
      Inc. ("VUG"), copyrighted materials.

      *Subliminal Guy mode on* VU are the same nice people (blood sucking control freaks) that bring you movies (and prosecute the exchange of ideas like DeCSS), music (and squash P2P music exchange) as well as other forms of entertainment (cultural control). *SubGuy mode off*

      Go figure.

      Soko
  • by tsm_sf (545316) on Wednesday February 20 2002, @09:55PM (#3041777) Journal

    Ok, here's the contact info straight from their web site, if you feel like voicing your opinion. Couldn't really find a "bitch at us" address...

    Blizzard Entertainment
    P.O. Box 18979
    Irvine, CA 92623

    Sales Information/Ordering
    USA: (800) 953-SNOW
    International: (949) 955-0283
    sales@blizzard.com

    Support
    support@blizzard.com or
    macsupport@blizzard.com

  • This is nothing new. (Score:5, Informative)

    by Maul (83993) on Wednesday February 20 2002, @10:07PM (#3041833) Journal
    One of my roomates was responsible for the work (mainly analyzing the packets) that brought bnetd to
    life several years ago. In fact, the news was on Slashdot at the time, IIRC. He gave the project to
    someone else, and no longer has anything to do with
    bnetd.

    Incidentally, he told me he recieved a cease and desist order from Blizzard when the news got out about his work. He also says he ignored it, and
    nothing happened. However, this was before the DMCA existed, IIRC, so now Blizzard has the
    teeth to follow through.

    So Blizzard has been after bnetd before. This is
    nothing new.
    • WARNING: IANAL

      Actually, IIRC, the DMCA has statutes/statements in it about how the law isn't retroactive (IOW: if someone started circumventing an access control method prior to the law taking effect, the DMCA couldn't be used against them). If your friend indeed started working on this prior to the enactment of the DMCA, I don't think the BNetD guys have anything to worry about.

      It might be worth looking into, sure, it's a backwards way to avoid the DMCA affecting their work, but it sure beats folding like they have.
  • by moebius_4d (26199) on Wednesday February 20 2002, @10:23PM (#3041915) Journal
    Subject: DMCA action => no more customer
    From: [my email address]
    Date: 20 Feb 2002 22:16:13 -0500
    To: Rod Rigole

    Dear Mr. Rigole:

    Blizzard has had good success in parting me from my money. I have half a
    shelf of the fine games your company has produced. However, that era is
    over. Your ridiculous and short-sighted attack on the bnetd project,
    claiming that the creation of a program that interfaces with your
    somehow infringes on your copyright, may successfully stop that
    interesting effort. Regardless of its success, it has cost you my
    business forever, and you may rest assured that I will bring to the
    attention of anyone soliciting my views of what to purchase your
    company's bad behavior.

    In an industry where some companies, like iD and Sierra, find great
    success in opening their flagship products for interoperability with
    customer-designed modifications, and even release old source code as a
    learning resource for the larger community, your company has decided
    that preventing enthusiasts from working with your products somehow
    protects you. What it will protect you from is getting any more of my
    money.

    Sincerely,

    [signature]
  • by Malk-a-mite (134774) on Wednesday February 20 2002, @10:37PM (#3041975) Journal
    Adjust to your needs and fill in the blanks.
    Was orginally made to deal with Napster issues at the height of the craze.
    --
    Malk-a-mite
    =============

    Dear Internet Service Provider:

    This letter is written in response to your notification to me of a complaint received about my webpage(s). The pages in question are:

    (insert list of URLs here).

    The complainant's claim of copyright violation should be rejected because (please see all checked items):

    The material in question is not copyrighted, or the copyright has expired. It is therefore in the public domain and may be reproduced by anyone.

    The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

    The complainant does not hold the copyright to the material in question and is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights.

    My use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, he or she is free to take up the matter with me directly, in the courts. You, the ISP, are under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant. Furthermore, siding with the complainant in a manner that interferes with my lawful use of your facilities could constitute breach of contract on your part.

    The complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3).
    Specifically, the complainant has failed to:

    Provide a complaint in written form.
    [17 USC 512(c)(3)(A)]

    Include a physical or electronic signature of the complainant.
    [17 USC 512(c)(3)(A)(i)]

    Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works.
    [17 USC 512(c)(3)(A)(ii)]

    Provide the URLs for the specific files on my website that are alleged to be infringing.
    [17 USC 512(c)(3)(A)(iii)]

    Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address.
    [17 USC 512(c)(3)(A)(iv)]

    Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law.
    [17 USC 512(c)(3)(A)(v)]

    Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    [17 USC 512(c)(3)(A)(vi)]

    This communication to you is a DMCA counter-notification letter as defined in 17 USC 512(g)(3):

    I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

    My name, address, and telephone number are as follows:
    (insert your name, address and phone number here).

    I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, the ISP, may be found).

    I agree to accept service of process from the complainant.

    My actual or electronic signature follows: ________________________________.

    Having received this counter-notification, you are now obligated under

    17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.


    David S. Touretzky is a principal scientist in the Computer Science Department and the Center for the Neural Basis of Cognition at Carnegie Mellon University.
  • by Tom7 (102298) on Wednesday February 20 2002, @10:41PM (#3042006) Homepage Journal

    I'm no lawyer, but this sounds like pure bullshit to me.

    It's common practice for corporate lawyers to send vague threatening (but totally unfounded) e-mails to people when they don't like what they're doing, even if they have no intention to fight a losing legal battle.

    Here's why I think this is stupid:

    - The anti-circumvention clause deals with access to a copyrighted work. There doesn't appear to be a copyrighted work in question here.

    - There is an explicit exception for reverse engineering for the purpose of interoperability, with a sentence like, "... to achieve interoperability of an independently created computer program with other programs." Which seems to be almost precisely what they are doing.

    FYI, the text of the DMCA is here: http://www.loc.gov/copyright/title17/92chap12.html [loc.gov] .

    Even if you can't afford a lawsuit, please guys, make it expensive (in some sense) for corporations to make these kinds of threats. That can mean fighting back a little and racking up legal fees, that can mean spreading the word on fansites and such and causing an *increase* in popularity (when what they want to do of course is to stifle the project). It can mean starting up your own similar project and making them have to track you down and threaten you, too.

    Personally, I've had a couple of these run-ins myself. For the first one, I got help from the FSF and the lawyers finally backed off. Most recently, I had a run in with some type foundries over my program "embed" ( http://www.andrew.cmu.edu/~twm/embed/ [cmu.edu] ); simply letting the lawyer know that I wasn't willing to back down without a fight convinced them to give up.

  • by tweakt (325224) on Wednesday February 20 2002, @11:44PM (#3042438) Homepage
    FREE STANDARD GAME SERVER

    Check out FSGS, it's available for windows and linux and works great. I tested it at a lan party, we played 4 or 5 8-player starcraft games with it on the local LAN using TCP/IP!! (NO MORE IPX!!!).

    It works for westwood games too (Red Alert, etc).

    FSGS [fsgs.net]

  • by Tyriel (560688) on Thursday February 21 2002, @01:58PM (#3046369) Homepage
    Speaking as someone who's been involved in the bnetD project (though not in the center of it), I should probably point out a couple things, on the offchance someone hasn't mentioned them already. Typhoon and Mysticales are working on a legal response (possibly in line with the helpful link [harvard.edu] the original poster made). In any event, the project isn't going anywhere. Some people in these threads support Blizzard or at least think they have a case, so please let me address that. The specific complaints Blizzard lists in their note are:
    The aforementioned site either hosts or distributes software which illegally modifies and/or alters Blizzard Entertainment copyrighted software or bypasses anti-circumvention technology, thereby infringing upon Blizzard Entertainment copyrights.
    Let's run down the list there.
    • Modifies or alters Blizzard software. Nope, it's entirely independent. Users choose to connect of their own accord, by their own means. We only run our own software.
    • Bypasses anti-circumvention technology. What, the CDkey system for Blizzard games? We don't enable users to pirate software, we only provide gaming servers for people who already own the games.
    Something else to consider. If BnetD violates copyrights, then how about the 15,000 average concurrent users on FSGS [fsgs.net]? Anyone remember Kali? Surely if Blizzard let those services exist for years upon years, bnetD is no more harmful a precedent. Last, Blizzard ought to rethink their policy of aggression on anyone who tries to enhance the experience for their users (might I mention UltimateBot [ultimatebot.com]). The thousands of users that FSGS claims are NOT hogging the limited bandwidth (or development resources) of the battle.net staff. FSGS, BnetD and any related projects are really helping Blizzard more than they're hurting them. All fans of the project can rest assured that this isn't the last you've heard about BnetD :) Thanks,
    • Yeah, we'll download it from Morpheus instead *sigh* No Don't do that either! I have boycotted the MPAA, Adobe and MS buy not giving them any of my money. To fight the DMCA:
      1) Write your Representative and tell them how you feel about the DMCA. By law they are required to respond to all letters.
      2) Don't purchase products from DCMA supporters
      3) Tell DMCA supports that you will no longer buy their product because...

      If you read this and think its too much trouble...fine I won't flame, but you should know that our Gov't laws are made by your representitives in congress and the senate, not by Corporations. Your congressman is a whore who values two things money and apporvel ratings. If you are a provider of either they will listen.
      • Re:piracy??? (Score:5, Insightful)

        by Jeremi (14640) on Wednesday February 20 2002, @11:14PM (#3042263) Homepage
        Nope it's because they really are dealing with a service that facilitates piracy, even if it was not their goal.


        Not true at all. "Doing nothing to prevent piracy" is not the same thing as "facilitating piracy". Facilitating piracy implies an intentional act (e.g. offering warez'd binaries for download). Simply failing to do key checking is not.


        Shall we make ftp illegal now because it does no checking to make sure that the files you transfer aren't copy protected? Most of the Internet would be a violation of the DMCA under your criteria. (hell, maybe it is... in which case either the DMCA goes or the Internet goes... they can't co-exist)

    • I'm going to stick to the moral high ground, and never play another Blizzard game again unless it's a pirated version.
      Uhm, I don't see how pirating software is sticking to the moral high ground. I can see how boycotting Blizzard products might be the moral high ground, but that doesn't justify you pirating their software. Just cause Blizzard is doing something wrong doesn't mean you can do something wrong back at them. You should probably get off your moral high horse.