Blizzard/Vivendi Files Suit Against Bnetd Project 593
Brief history: Blizzard makes a DMCA complaint against Bnetd, resulting in the temporary downing of the Bnetd website and the Bnetd server code no longer being available for download. EFF decides to represent Bnetd, and they exchange a few letters back and forth. On Friday, Blizzard files suit.
The most interesting thing about the legal claim is that they make no claims under the DMCA. You should recall the distinction between regular copyright law (which prohibits making copies of original works of authorship) and the DMCA (which prohibits making, using or distributing devices intended to circumvent anti-copying protection measures on copyrighted works). Even though Blizzard claimed in their letters that the fact that the Bnetd server doesn't implement CD-checking (which is impossible for them, since it's a secret algorithm known only to Blizzard) makes it a DMCA-violating circumvention device, they didn't raise the claim in the complaint they filed with the court.
Blizzard claims:
- that Bnetd copied code from Blizzard and incorporated it into Bnetd (how this was accomplished isn't stated; since Blizzard does not make their source code available, presumably the Bnetd people would have to break into Blizzard headquarters).
- that Bnetd posted screenshots of Blizzard games to their website (this should be deemed fair use by the courts).
- that Bnetd is engaging in an unauthorized "public performance" of Blizzard's copyrighted material by running a Bnetd server. At least, that's how I parse paragraph 28. Perhaps they're instead making a claim about something that was posted on the Bnetd website, but paras. 28 and 30 read together imply that Blizzard is arguing that anyone who makes software to interoperate with other software over the internet is making a public performance. This would allow Microsoft to shut down anyone who made .NET software, for example, because it will invariably involve a lot of transmission of information that Microsoft can claim is copyrighted.
- that Bnetd infringes on Blizzard's trademark (an identifier for goods or services that are sold) for "BATTLE.NET" by calling their software "Bnetd", because, after all, "Bnetd" is essentially identical to "BATTLE.NET" (coming next: the makers of the elm email client sue the makers of pine, emacs sues eine [who sues zwei], Unix sues GNU... chaos). That is, people who use Bnetd may be confused because the name is so similar to Battle.net that they think they are actually using a Blizzard product.
People who are offended at Blizzard attacking its fans and customers may want to consider Warlords Battlecry 1 and 2 instead of Warcraft 3. The original Battlecry is selling for $10 these days and is quite good.
What race will Vivendi use to attack tho? (Score:5, Funny)
Must be a Monday. (Score:3, Funny)
ooohhh... shiny things. i like shiny things.
Re:What race will Vivendi use to attack tho? (Score:5, Funny)
Conundrum Presented in Haiku... (Score:5, Funny)
But Warcraft is like cocaine.
Love and hate at once.
Re:What race will Vivendi use to attack tho? (Score:5, Funny)
Must be time for easy karma whoring (Score:2, Funny)
Because, like, no one here has ever commented on the "irony" of thousands of posting not being in agreement.
This might be very good. (Score:2, Funny)
This might have the following consequences:
Re:michael, michael, michael (Score:2, Funny)
Additionally it is the Website where you're supposed to use real HTML in your comments.
(Yeah, I saw you already noticed it, but there are thing you have to do (but then you should do them without the +1 bonus)).
Re:Well. . . . (Score:2, Funny)
I believe it's about the same as the amount of damage a bulldozer would sufer if it was to run over Arthur Dent.
Re:What race will Vivendi use to attack tho? (Score:4, Funny)
Bnetd Lawyer : Objection your honor this question is a nonsense
Judge: Please reformulate your question
Orc Lawyer : **BAFF**
Judge (without teeth): Obfecfion oveffuled
Re:Must be time for easy karma whoring (Score:3, Funny)
Lonely masochists?
Re:Conundrum Presented in Haiku... (Score:2, Funny)
A post in haiku--
A real poet? Or just
Konqueor's text box?
Well, SOMEONE is missing the point... (Score:3, Funny)
Now, read the suit they have filed. It is almost completely without legal merit. Blizzard is abusing the U.S. legal system in a tactical manner, to some end or another, without actually having a case. They are wasting the courts' time with nonsense. If you want to defend them, then put together a good lawsuit for them. (Please note that "THEY MADE ME LOSE MONEY!!!!! WAAAAAH" does not qualify as such.) If you write up a good reason that bnetd is illegal, send it to Blizzard/Vivendi, because it looks like they have no clue!
Can I sue Blizzard for ripping off Nethack? (Score:3, Funny)