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Duplicating a protocol though is not wrong or illegal;

But it does breach the contract(s) possibly signed with Blizzard if it asserts the removal of rights including reverse engineering, maintaining or connecting to an unauthorized server (as Blizzard does claim); and a possible DMCA violation if claimed that access to a non-authorized server constitutes copyright protection circumvention (as Blizzard does claim).

EULAs & TOUs have been upheld in the past, so he's probably screwed on count #1 (if appealed). The second argument is new to me, so I don't know how that would pan out. This is what Blizzard has to say in their complaint (direct link):

Blizzard's Anti-Piracy Mechanisms
...
51. When the user runs the game client software, the game client displays a login screen in which the user must enter his or her unique account username and password. The client then sends information, including information derived from the username and password, to the server. If this information passes certain authentcation tests, the server allows the game client to enter the WoW gaming environment and access the copyrighted material resident on the server, as well as opening access to the copyrighted material on the game client.

52. As such, access to the copyrighted content on the game client is predicated on access to the authorized WoW server. In this way, the server "unlocks" the copyrighted information on the game client.

What?
I'm already writing the Glider http://www.mmoglider.com/ /. addon!

Page 13:

When Donnelly first introduced Glider, he read the Blizzard End User License Agreement ("EULA") and Terms of Use Agreement ("TOU"). These contracts did not at the time expressly prohibit bots. They did prohibit cheats and hacks, but Donnelly did not view Glider as a cheat or a hack because it did not modify any WoW code. By November of 2005, however, Donnelly understood that the use of Glider by his customers was a breach of their contracts with Blizzard.

Page 14-15:

To establish MDY's liability for tortious interference, Blizzard was required to prove that (1) a valid contractual relationship existed between Blizzard and its customers, (2) MDY knew of the relationship, (3) MDY intentionally and improperly interfered in the relationship and caused a breach or termination of the relationship, and (4) Blizzard was damaged as a result. See Antwerp Diamond Exch. of Am., Inc. v. Better Bus. Bur. of Maricopa County, Inc., 637 P.2d 733, 740 (Ariz. 1981); Wagenseller v. Scottsdale Mem'l Hosp., 710 P.2d 1025, 1043 (Ariz. 1985) (en banc), superseded in other respects by A.R.S. 23-1501. The Court found that each of these elements has been satisfied. See Dkt. #82 at 22-26. For Donnelly to be personally liable for MDY's tortious interference, the Court concludes that Donnelly must have known that MDY was engaging in tortious interference. Donnelly does not dispute that a valid contractual relationship existed between Blizzard and its customers. Donnelly clearly knew of the relationship - he read the contracts. Since at least November 2005, Donnelly knew that MDY was intentionally interfering with that contractual relationship by inducing its customers to breach the TOU. And, as the finding of fact set forth above demonstrate, Blizzard has been damaged by Glider.

There are others in the briefing, I just thought those two were pretty blinding examples for those that can do a touch of research.

Yup,
Full court order is viewable here: http://www.mmoglider.com/Legal/trialorder_jan28.pdf

The judge just ruled and, unfortunately, it did not go much our way. He pretty much awarded everything to Blizzard again.

Here's a link to the order: http://www.mmoglider.com/Legal/trialorder_jan28.pdf

What this means for Glider customers The judge asked us to file a memo by February 13th on why we should be allowed to continue to sell Glider through the appeal process.

I'm not sure why he asked for that, since I don't think he's going to start listening to us now. So we'll file it and see, but it seems very likely that he will rule against us. Then we'll go up to the 9th circuit and try to get a stay, similar to how the Napster case went.

If all goes badly, Glider could be shut down as early as mid-February. So keep your fingers crossed.

That's from 01/28/2009

IT IS ORDERED:

1. MDY is liable to Blizzard for violations of 17 U.S.C. 1201(a)(2) and 1201(b)(1) with respect to the dynamic nonliteral elements of WoW.
2. Michael Donnelly is liable to Blizzard for damages arising from MDY's tortious interference with contract from November 30, 2005, to the present.
3. Michael Donnelly is liable to Blizzard for damages arising from MDY's contributory infringement, vicarious infringement, and DMCA violations.
4. Blizzard is entitled to a permanent injunction against the continued sale, distribution, and servicing of Glider.
5. On or before February 13, 2009, the parties shall submit memoranda, not to exceed seven pages in length, addressing (1) the appropriate terms of any permanent injunction, (2) whether the permanent injunction should be stayed pending appeal, and what bond or other measures (for stay of the injunction and for damages) should be imposed for Blizzards protection pending appeal.

DATED this 28th day of January, 2009.

Which means the judge awarded everything to Blizzard and asked MDY for a memo explaining why they should stay in business while they fight the case. After reading the judge order it's safe to say there is little chance that the judge allows MDY to remain on business after february 13.

FTA:

Siy and Pearlman also expressed skepticism at the notion that these "dynamic, non-literal elements" constitute a distinct copyrighted work.

If I'm reading the trial order correctly (IANAL), it seems to cite the following cases in support of "non-literal elements" being copyrighted:

See Atari Games Corp. v. Oman, 888 F.2d 878, 884-85 (D.C. Cir. 1989); Midway Mfg. Co. v. Arctic Int'l, Inc., 704 F.2d 1009, 1011-12 (7th Cir. 1983); Williams Elec., Inc. v. Arctic Int'l, Inc., 685 F.2d 870, 874 (3d Cir. 1982); Stern Elecs., Inc. v. Kaufman, 669 F.2d 852, 855-56 (2d Cir. 1982)

What I'd like to see from Siy and Pearlman is a description of what these cases are, and why their citation is somehow irrelevant with regards to non-literal elements and copyright enforceability. The judge certainly seemed to think they applied. (Again, if I'm reading the order correctly. I might be wrong. Who knows.)

If anyone is interested, you can find a copy of the actual decision via the glider forums ---> link (27 page PDF).

Lots of programs (especially games) do this, WoW for one - the homepage for Glider (a WoW 'automation tool') says the game does this to check for tools like theirs in their FAQ, so it's not surprising that other MMOs do as well.

Lots of programs (especially games) do this, WoW for one - the homepage for Glider (a WoW 'automation tool') says the game does this to check for tools like theirs in their FAQ, so it's not surprising that other MMOs do as well.

I should RTFA more, but if you really wanted to pwn that softball, linking http://www.mmoglider.com/FAQ.aspx would have done nicely.

From the glider software site FAQ.

Q: Are you affiliated with Blizzard?
A: No. Glider is third-party software sold by MDY Industries, LLC. We are not affiliated in any way with Blizzard Entertainment or Vivendi.

Q: How does Glider work?
A: Glider works a lot like a regular player. It looks at your health, mana, energy, etc. It moves the mouse around and pushes keys on the keyboard. You tell it about your character, where you want to kill things, and what to kill. Then it kills for you, automatically. You can do something else, like eat dinner or go to a movie, and when you return, you'll have a lot more experience and loot.

Q: Can I cheat with Glider? Is it a hack?
A: No. It will not show you things that you cannot normally see in the game and it does not control the game other than keystrokes and mouse movements. It's not a teleport hack, speed hack, minimap hack, or anything along those lines.

Q: Is using Glider cause for suspension/ban? *
A: Yes, Glider is against the Terms of Service as provided by Blizzard for World of Warcraft. If you are detected using Glider, your account will be suspended for 72 hours and very likely banned completely. While Glider does not violate any of the terms listed under Blizzard's "Client/Server Manipulation Policy", it is still a third-party program and their Terms of Service are very open in what falls under that definition, meaning they can find you in violation for pretty much anything they want.

Glider provides a number of features to help lower the risk of detection - for more information, see the next topic.

Bottom line: use at your own risk.

Q: Is Glider detectable? *
A: There are two methods of detection for Glider or any other third-party tool:

1) The game itself detects the software by searching memory, your hard drive, window titles, or some other means. The current version of Glider (1.2.6 Mar 9, 2007) is not known to be detected by these methods. However, it is technically possible for Blizzard to change their detection scheme, if they come up with a new way to detect Glider. This risk cannot be avoided, as the game client can update any time. You can help lower your risk by following the suggested settings as posted in the Announcements forum and upgrading to Glider Elite to provide better control of and reaction to changes in the game's detection software.

2) You can also be detected by a human observing you and noting repeated patrols, robotic behavior, etc. This can largely be avoided by always staying near your computer while gliding. Glider also has a number of features built-in, such as detection of whispers or other players following you. Be careful to avoid areas with lots of obstructions and follow the tips in the help file when setting up profiles.

Unattended automated play is always risky and should not be done in busy areas for a long time.

Q: Is Glider easy to set up?
A: Pretty simple. Create a folder, download the launchpad, run it. The rest is done automatically.

In order for it to work properly, you have to configure two action bars in the game (5 and 6) with shortcuts to the different spells and skills it wants to use. Each class has a section in the help file with explanation of its options and the action bars, so getting it up and running takes mere minutes.

Q: Does Glider modify my game files?
A: Definitely not. Glider does not use a UI mod or make any changes to the game, either on disk or in memory.

Seems they read the information in memory at specific memory locations and the software decides what keyboard and mouse movements to make based on the information in memory.

It's called Glider. http://www.mmoglider.com/ It's been around for a LOT longer than this Mrs. Pac man thing, as have many other game-playing bots.