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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.

All I'm certain of is my true love's hair. CompaniaHill writes: "As previously reported on /., first they though it was turquoise. Then they found an error in their early calculations, and announced it was really beige. But doubts lingered, and color experts pointed out that an objective color as viewed from the theoretical blackness of space would appear different when viewed on Earth in typical daylight. So adjustments were made, and calculations were revised and rechecked by color scientists Michael Brill of McClendon Automation Inc. and Mark Fairchild of the Munsell Color Science Laboratories. And now, at last, Ivan Baldry and Karl Glazebrook, astronomers at Johns Hopkins University, using spectral data from the 2dF Galaxy Redshift Survey, have announced the final result: The universe is decidedly salmon. Really."

The milestones are getting closer together. Dare Obasanjo writes: "Xindice (http://xml.apache.org/xindice), the Apache native XML database has finally reached version 1.0. Xindice used to be called dbXML and was mentioned in my article on XML and databases."

Three From the Courts TheFrood writes: "It looks as though the battle between Blizzard and bnetd (as reported in previous stories here(1), here(2), and here(3))is heating up. Vivendi has sent another letter to the EFF, which has wasted no time responding."

ElitusPrime writes with an update in the strange case of Ken Hamidi, the Intel employee whose mass-mail to Intel employees brought charges of trespassing. Now the California Supreme Court may take another look at the case. Says ElitusPrime: "If this guy is put in jail, I can think of more then a few other spammers that need to go up the creek with him..."

In a very different case, pagan26 writes: "It seem that DMCA will have its day in court. With ElmcoSoft."

Well, at least you can trust their word, right? Masem writes: "According to MSNBC, the developers of the spyware program WinWhatWhere will no longer have their install program trample the bits of anti-spyware programs, after word broke that this behavior was occurring. However, no word has been made by a similar spyware program developed by SpectreSoft that does similar damage."

I will fork out to see this, happily. Pingsmoth writes "It looks like the faithful fans of Peter Jackson and Tolkien will be able to catch a glimpse of The Two Towers this Saturday. Lordoftherings.net is reporting, through a video of Peter Jackson, that a preview (read: not a trailer) of The Two Towers will be shown in theatres this Saturday, presumably attached to The Fellowship of the Ring. Maybe at the end? At any rate, it looks like I'll be seeing the film at least seven times now, and it's a good thing I got a morning shift tomorrow." For a more colorful description of this 4-minute tease, check out Ain't it Cool News' version.

All I'm certain of is my true love's hair. CompaniaHill writes: "As previously reported on /., first they though it was turquoise. Then they found an error in their early calculations, and announced it was really beige. But doubts lingered, and color experts pointed out that an objective color as viewed from the theoretical blackness of space would appear different when viewed on Earth in typical daylight. So adjustments were made, and calculations were revised and rechecked by color scientists Michael Brill of McClendon Automation Inc. and Mark Fairchild of the Munsell Color Science Laboratories. And now, at last, Ivan Baldry and Karl Glazebrook, astronomers at Johns Hopkins University, using spectral data from the 2dF Galaxy Redshift Survey, have announced the final result: The universe is decidedly salmon. Really."

The milestones are getting closer together. Dare Obasanjo writes: "Xindice (http://xml.apache.org/xindice), the Apache native XML database has finally reached version 1.0. Xindice used to be called dbXML and was mentioned in my article on XML and databases."

Three From the Courts TheFrood writes: "It looks as though the battle between Blizzard and bnetd (as reported in previous stories here(1), here(2), and here(3))is heating up. Vivendi has sent another letter to the EFF, which has wasted no time responding."

ElitusPrime writes with an update in the strange case of Ken Hamidi, the Intel employee whose mass-mail to Intel employees brought charges of trespassing. Now the California Supreme Court may take another look at the case. Says ElitusPrime: "If this guy is put in jail, I can think of more then a few other spammers that need to go up the creek with him..."

In a very different case, pagan26 writes: "It seem that DMCA will have its day in court. With ElmcoSoft."

Well, at least you can trust their word, right? Masem writes: "According to MSNBC, the developers of the spyware program WinWhatWhere will no longer have their install program trample the bits of anti-spyware programs, after word broke that this behavior was occurring. However, no word has been made by a similar spyware program developed by SpectreSoft that does similar damage."

I will fork out to see this, happily. Pingsmoth writes "It looks like the faithful fans of Peter Jackson and Tolkien will be able to catch a glimpse of The Two Towers this Saturday. Lordoftherings.net is reporting, through a video of Peter Jackson, that a preview (read: not a trailer) of The Two Towers will be shown in theatres this Saturday, presumably attached to The Fellowship of the Ring. Maybe at the end? At any rate, it looks like I'll be seeing the film at least seven times now, and it's a good thing I got a morning shift tomorrow." For a more colorful description of this 4-minute tease, check out Ain't it Cool News' version.

All I'm certain of is my true love's hair. CompaniaHill writes: "As previously reported on /., first they though it was turquoise. Then they found an error in their early calculations, and announced it was really beige. But doubts lingered, and color experts pointed out that an objective color as viewed from the theoretical blackness of space would appear different when viewed on Earth in typical daylight. So adjustments were made, and calculations were revised and rechecked by color scientists Michael Brill of McClendon Automation Inc. and Mark Fairchild of the Munsell Color Science Laboratories. And now, at last, Ivan Baldry and Karl Glazebrook, astronomers at Johns Hopkins University, using spectral data from the 2dF Galaxy Redshift Survey, have announced the final result: The universe is decidedly salmon. Really."

The milestones are getting closer together. Dare Obasanjo writes: "Xindice (http://xml.apache.org/xindice), the Apache native XML database has finally reached version 1.0. Xindice used to be called dbXML and was mentioned in my article on XML and databases."

Three From the Courts TheFrood writes: "It looks as though the battle between Blizzard and bnetd (as reported in previous stories here(1), here(2), and here(3))is heating up. Vivendi has sent another letter to the EFF, which has wasted no time responding."

ElitusPrime writes with an update in the strange case of Ken Hamidi, the Intel employee whose mass-mail to Intel employees brought charges of trespassing. Now the California Supreme Court may take another look at the case. Says ElitusPrime: "If this guy is put in jail, I can think of more then a few other spammers that need to go up the creek with him..."

In a very different case, pagan26 writes: "It seem that DMCA will have its day in court. With ElmcoSoft."

Well, at least you can trust their word, right? Masem writes: "According to MSNBC, the developers of the spyware program WinWhatWhere will no longer have their install program trample the bits of anti-spyware programs, after word broke that this behavior was occurring. However, no word has been made by a similar spyware program developed by SpectreSoft that does similar damage."

I will fork out to see this, happily. Pingsmoth writes "It looks like the faithful fans of Peter Jackson and Tolkien will be able to catch a glimpse of The Two Towers this Saturday. Lordoftherings.net is reporting, through a video of Peter Jackson, that a preview (read: not a trailer) of The Two Towers will be shown in theatres this Saturday, presumably attached to The Fellowship of the Ring. Maybe at the end? At any rate, it looks like I'll be seeing the film at least seven times now, and it's a good thing I got a morning shift tomorrow." For a more colorful description of this 4-minute tease, check out Ain't it Cool News' version.