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Legal Analysis Critical of Blizzard v Bnetd

anewsome writes "As reported previously several times, Blizzard has sent a cease and desist letter to the ISP of bnetd (which develops an open source Battle.net emulator). Lawmeme.org (from the Yale Law School) has published a long piece with lots of background and legal analysis on the case. Conclusion: Blizzard has an uphill legal battle."

30 of 362 comments (clear)

  1. Karma Whoring with a Working Link by Ben+Jackson · · Score: 5, Informative
  2. Blizzard does have a point though... by Gogl · · Score: 5, Interesting

    Don't get me wrong. I'm a huge fan of open source, bnetd, yada yada, and I agree that the official Bnet has tons of issues (ranging from lag to dealing with people whom I'd at least rather not deal with).

    However, to my understanding they're doing this largely as a reaction to the WC3 beta. It was cracked within days of release, using bnetd and other "fake" bnet networks that don't check cd keys. This is allowing many people who shouldn't be playing the beta to play the beta.

    "Big deal" you say. And part of me is inclined to agree, as it doesn't hurt Blizzard to have a few extra thousand people playing the beta.

    Well, I'm a beta tester, and I can tell you that the "official" beta network is sorely underused. Of the 5000 beta testers there are probably only 30-60 games going at any given time. I know, you might think that is a lot, but it's basically the same people over and over. From the buzz I've heard, a lot of legit beta testers have even been going to the bnetd networks, just because there are more people there (easier to find big 3v3 and 4v4 games, etc.).

    So yes, DMCA bad. Making reverse engineering bad. Open source good, bnetd good. But Blizzard still does have a point, and perhaps some sort of compromise needs to be reached...

    1. Re:Blizzard does have a point though... by geekoid · · Score: 3, Funny

      If Blizzard sends me a beta disk, I'll use there servers! ;) Nice to know that they pased me up, and chose some yahoo who doesn't even use there servers.
      Note to self: WC3 was NOT properly beta tested, wait 3 months after release to buy.

      this post is supposed to be funny.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Blizzard does have a point though... by WNight · · Score: 5, Interesting

      Multiplayer is 90% of the reason to buy a Blizzard game.

      Battle.net is a good reason to NOT buy a Blizzard game, especially for games like Starcraft and Warcraft3 that aren't ongoing (Diablo 2) and don't require a persistent universe.

      By going with Battle.net you get a whole bunch of jerks, cheating, lag, and a generally lousy experience.

      Compare this to Quake3 where you can join any of a thousand servers, or create your own. You get to play with people you want, find a server that doesn't lag, and otherwise customize the experience.

    3. Re:Blizzard does have a point though... by monkeydo · · Score: 3, Insightful

      I see no difference between this kind of behavior and a thug with a billy club demanding my lunch money in exchange for the right to stay in line and not get beaten up.

      Except Blizzard is the cafeteria lady who wants you to pay before you eat, and bnetd is the geek showing you the way to sneak out without paying. Since I _can_ get up from the table in most restaurants and calmly walk out without paying the check, should I. If I pay for my meal am I "bending over" because I could get away with it and I chose not to?

      If the "information wants to be free" crowd ever gets their way you will only see more proprietary, closed, software with crappy copyprotection like hardware dongles and smart cards. You can all claim that people are playing on bnetd servers because they work better and it's a more fun crowd, but the fact is that if there wasn't a piracy problem Blizzard wouldn't care where you played.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  3. Re: works now ... by fferreres · · Score: 5, Informative

    I think the link should be http://research.yale.edu/lawmeme/modules.php?name= News&file=article&sid=149

    Here's the important stuff...

    Does BNETD Violate Blizzard Copyrights?

    Unlikely, although it must be stated that Vivendi/Blizzard has yet to claim which exclusive rights are infringed by which programs hosted by bnetd, so this analysis is based on speculation as to likely complaints.

    In general, copyright infringement consists in copying or distributing another's work without authorization. In this case, the bnetd server is the original work of its various developers (BNETD Project Credits ). The developers have never had access to Battle.net software, so it would be impossible for them to have copied it. As there is no copying there is no infringement. Indeed, Blizzard's FAQ on the case admits as much since it is called the Emulation FAQ . In computer science, emulators are software designed to imitate the same function as another piece of software. They are not copies. If it was a copy, it would not be "imitating" the function of another piece of software, it would be the same software.

    In order to create a Battle.net emulator, the bnetd developers engaged in a combination of reverse and value engineering. Their method of reverse engineering did not require any decompiling or disassembly of the code of the client (again, they could not have deassembled or decompiled the Battle.net code since they did not have access to it). It is decompiling of code that frequently gets reverse engineers in copyright trouble -- that is not a problem for bnetd since it was not required. Bnetd was able to reverse engineer by simply looking at the traffic between server (Battle.net) and client (game player). For example, a player would start a game as one type of character on Battle.net in Diablo II (e.g., a Necromancer) capture the packets, then start a game as a different character (e.g., a Barbarian) and capture the packets. By comparing the two packet dumps, one of the bnetd developers would be able to determine which packets identified specific elements of the game. The developer would then make changes to the bnetd server and check his work by performing the same test with client on the bnetd server. Through trial and error, the bnetd server improved.

    To my knowledge there is no law that holds that reverse engineering a protocol through packet dumping implicates copyright in any way.

    Vivendi might claim that special programs to assist users of bnetd to edit their Windows registry violated copyright. As mentioned above, the Windows registry consists of configuration files that can be modified by the user using regedit.exe which is part of every version of Windows. It is not at all clear how provision of a program to make editing certain portions of the registry easier would violate an exclusive right of the copyright holder. Moreover, it is not clear whether a user who alters the registry is violating copyright. They may be violating the EULA (more below), but that is not a violation of copyright.

    Does BNETD Violate Section 1201 of the DMCA?

    Unlikely, but the statute in question is quite complicated and the law has not yet been clarified by the courts. It must also be made clear that simply because something may facilitate piracy does not mean it violates section 1201 of the DMCA.

    The first issue is whether or not the CD-Key authorization mechanism is an access control device under section 1201(a). Section 1201(a) states that a device controls access to a work, "if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work." One significant question is access to what work? Bnetd does not facilitate unauthorized access to Battle.net, it is a substitute. Bnetd does not facilitate access to the single player version of the game. Bnetd does not faciliate access to the LAN multiplayer aspects of the game. Bnetd does not facilitate access to Internet multiplayer, since that is accomplished through LAN emulators such as Kali. At worst, bnetd facilitates access to Internet multiplayer using the client's Battle.net interface. It is questionable whether access to a particular interface counts as "access to the work." It is questionable whether enabling certain functionality is "access to the work." Even granting that the interface or functionality is a work that can be improperly accessed, does accessing it require tha application of information, or a process or a treatment to gain such access? For every Blizzard game prior to the Warcraft III beta, clearly not. Bnetd servers don't send any "access" information to a client, they simply do not bar a client from accessing them.

    This is made clear by the definition of circumvention in 1201(a)(3)(B), which "means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." Bnetd does not descramble, decrypt, remove or deactivate anything. It does not avoid, bypass or impair, it ignores. Ignoring is not circumventing. Indeed, section 1201(c)(3) states that, "nothing in this section shall require that the design of, or design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure." The reason for this is to prevent copyright holders from forcing copy protection measures onto computer and consumer electronics manufacturers. An example would be a music publisher who releases a CD that has watermarking in the music. The watermark states, "do not rip into MP3 format." There is no obligation for CD manufacturers to build in a system that can detect and obey that watermark.

    Moreover, even bnetd did circumvent an access anti-circumvention measure, it would still be legal to distribute it so long as:

    * It was not primarily designed or produced for the purpose of circumvention. A very good case can be made that the primary purpose of producing bnetd was to provide an alternative to the drawbacks and limitations of Battle.net (About the BNETD Project). One quote from a Review of Diablo II on MacGamer.com will provide some idea of the frustrations many feel with regard to Battle.net: "Provided that Battlenet doesn't make you want to pry your eyes out with a grapefruit spoon, you will find that you can go online and play your character in the Diablo Battlenet Realms." Even Blizzard's Senior Director, Bill Roper, admits that Battle.net's stability left something to be desired in an interview with Eurogamer , "There was certainly a period of time in the history of Battle.net where the team was constantly playing catch-up. They work on stability, they work on how many people could be online, they work on access and bandwidth issues, they get all those things fixed, and then we get another 25,000 people online concurrently and all [the] new stuff will break."
    * It has more than limited commercially significant purpose. Again, a very good case can be made that bnetd does have significant commercial purposes. Bnetd currently supports a number of features that Battle.net does not, such as the ability to connect with IRC, create custom ladder games and tournaments, and send broadcast messages.
    * Is not marketed for use in circumventing a technological measure that effectively controls access to a work protected under this title. Although, as an open source project, bnetd has little control over how some individuals may promote it -- the bnetd and Warforge developers have never promoted piracy of Blizzard's games. Indeed, the developers of bnetd are some of Blizzard's biggest supporters and fans.

    The next issue is whether bnetd violates section 1201(b) which prohibits distribution of devices which "effectively protects a right of a copyright owner under" the Copyright Act. To qualify as technological protection measure under section 1201(b), a device must in the ordinary course of its operation, prevent, restrict, or otherwise limit the exercise of a right of a copyright owner." The only right at issue would seem to be the right to copy. But it is difficult to claim that bnetd undermines this as one must already have a copy of a Blizzard game (legitimate or illegitimate) in order to use bnetd. In other words, any copying occurs prior to use of bnetd. It may be that the availability of bnetd encourages some to make illicit copies who wouldn't have without bnetd, but that is not a violation of the DMCA.

    It is also strange to claim that the CD-Key system prevents copying since a valid CD-Key is not necessary to connect to Battle.net and download the latest patches for a warez copy of the game. Using a warez copy one logs into Battle.net. Prior to CD-Key validation, Blizzard conveniently provides the latest patches for the warez copy. Patches are also available via public ftp (http://ftp.blizzard.com/pub/war3/patches/beta/ ). It is hard to claim that the CD-Key system effectively prevents copying when Blizzard itself updates warez copies of its games to the latest version. Most bnetd servers are set up by owners of legitimate copies and the server ensures that those joining have the same version of the game. If Blizzard were truly concerned about piracy they would at least try to make it more difficult to get the latest patches.

    Furthermore, under section 1201(f)(2):
    Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure ... for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

    It seems pretty clear that even if bnetd is a circumvention device, then it clearly falls under the exemption of 1201(f)(2), since any circumvention is only for the purpose of achieving interoperability between bnetd and the Blizzard game. Such interoperability does not constitute infringement, since it does not violate sections 106-118 or 602.

    --
    unfinished: (adj.)
  4. It's all about the Benjamins by Hormonal · · Score: 4, Interesting
    The last line of the article cracked me up. Blizzard has an uphill legal battle.

    I'm making an assumption here, but I don't think the guys running the bnetd project don't have piles of money to take this thing to court. The ISP isn't going to burn tons of cash for these guys, and ignore Blizzard.

    It's unfortunate that a company with deep pockets and a shaky legal footing can shut down projects it doesn't agree with. I used to play DII like a fiend, but got sick of the cheating/tradehacks/etc., so I don't have anything to gain from this project. I do, however, think it's a real shame that a nice project like this is getting squeezed. I hope the bnetd team can weather the storm.

    I also wonder if maybe Blizzard's time and energies might be put to better use by focusing on things like Realm stability, and getting rid of the cheaters that are bringing the realms down, looking for the next duping method.

  5. What is it with the letter V? by Guppy06 · · Score: 3, Funny

    Between Vivendi and Jack Valenti, it seems that things with names that begin with the letter V are out to get us...

  6. not really. by mikeee · · Score: 5, Insightful

    If they allowed bnetd to pass-through authentication to battle.net, they might have a better point. They've specifically ruled that out. (Presumably because their crypto is lousy.)

    And it isn't the bnetd group that even enabled Warcraft III support.

  7. Wait ... whos software is this? by kurt555gs · · Score: 3, Interesting

    If i BUY Blizzard , i should be able to play it ANY way i want .. it's mine .. i purchased it.

    Is every one here really thinking that all those funny EULA statements are really legal ..... No ... they are not legal until a judge says they are.

    So companies can put whatever they want in a EULA , and it does not mean u have to follow them or even look at them ... without a court order .. they are just .......... some trash that a company makes to intimidate u.

    How far have we gone .. thinking that you have to obay corperate babble as if it were law

    --
    * Carthago Delenda Est *
    1. Re:Wait ... whos software is this? by bnenning · · Score: 3, Insightful
      I always thought they were legal. What is your basis for the statement?


      Several reasons, here's what I find the two most compelling (and IANAL, although I have seen several episodes of The Practice):

      - EULAs claim that in exchange for removing your rights (fair use, reverse engineering, resale, etc) you are "granted" the right to run the software. This is meaningless because copyright law already allows the owner of a piece of software to make whatever copies (e.g. to hard drive or RAM) are essential to running it. Thus, you get no consideration and the "contract" is void.

      - Somewhat more metaphysical: I read the EULA and decide I don't want to agree to it. But I click the OK button because that's the only way to install the software. Blizzard would claim that clicking OK means I agreed to the EULA, but the only thing that backs up their claim is the EULA itself, which I did *not* agree to. I believe somebody else summarized this as "it's my software, I can lie to it if I want to".


      If this is true then I'm going to set up a booth at the flea market and sell enterprise software at half price.


      Go right ahead, but only if you bought the software legally (which means you're unlikely to profit). Even if EULAs are invalid, copyright law still applies, so you can't go around duplicating CDs and selling them any more than you can photocopy and sell the pages of a book. Software publishers like to conflate EULAs and copyright, implying that they need EULAs to protect themselves from piracy, but that's completely false.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:Wait ... whos software is this? by bnenning · · Score: 3, Insightful
      You merely bought the media, the actual content is licenced (buying a piece of paper with a copyrighted work printed on it doesn't mean you've bought the rights to that work) and you either agree to the license or can't install it.


      Wrong. I don't need the publisher's permission to use the software any way I want to, including clicking on the "OK" button when I really don't agree. (What if I used a hex editor or other tool to swap the "OK" and "Cancel" buttons before running the installer?) Holding a copyright on a work does not grant the power to control all use of that work, only the ability to duplicate it (i.e. the *right* to *copy*).


      You'd have a shit fest if I released modified versions of GPL software without the source


      That would be copyright violation. The GPL is simply a statement that you are allowed to redistribute the software (normally not permitted by copyright law) provided you fulfill certain conditions. It's what you would use as a defense against coypright infringement, in which case you would have to show that you complied with its terms. EULAs, on the other hand, are statements (with no legal force IMO) that claim that you may not engage in activities that are *not* illegal under copyright law.


      you seem to think a software company can't obligate you to the terms of a license even though you went ahead and subscribed with the agreement


      EULAs are completely separate from the terms of an ongoing service. I don't dispute that Blizzard can kick people off battle.net for TOS violations (or for pretty much any reason they want).

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  8. Who cares of Blizz is on legally dubious ground? by geddes · · Score: 3, Insightful

    I don't think you can say Blizzard faces an "uphill battle" even if they are on dubious legal ground, they have the funding, and the bnetd people will have a hard time coming up with funding to pay for a long legal battle, especially since there is no profit motive for anyone on the bnetd team to stick a neck out and fight this thing. I can think of another company that is also on EXTREMELY dubious legal ground, but managed to win. They are called Microsoft, and they, with thier superiour funding just trenched in until the political climate suited them better. I hate to compare Microsoft to Blizzard but in this case they are sort of in the same position - dubious legal ground, but superior funding and legal resources. :-( - Geddes

  9. I don't blame them... by alexhmit01 · · Score: 4, Insightful

    This is one of the most anticipated titles in years. I've been looking foward to WC3 since WC2, considering what a jump WC2 was over WC1.

    All these people playing the beta versions cracked are still going to buy the game? Who knows.

    I feel that Blizzard, by providing great games for years, has earned the right to not have people floating around cracked copies of their games. We all wants WC3. I'm willing to wait.

    If that means harassing some people with questionable lawsuits to stall for their software, so be it. I feel that we worry too much on Slashdot about legalisms and not enough about common decency.

    If you love Blizzard games, show some respect and let them launch their games as they desire. They haven't disappointed yet.

    Realize that the early demos of Star Craft were seen as WC in space and were hated. Blizzard rewrote the game in the next year and put out a game that people loved.

    Had Warez kiddies put out those early Star Craft demos, then when the game was released it might have bombed because people had played a crappy game with the same name a year earlier.

    Ripping off a company that puts out products you love is poor form.

    Alex

    1. Re:I don't blame them... by The+Darkness · · Score: 5, Insightful
      I feel that Blizzard, by providing great games for years, has earned the right to not have people floating around cracked copies of their games. We all wants WC3. I'm willing to wait.

      So how, exactly, will shutting down the main bnetd site keep cracked copies of their games from being distributed? I seem to recall that there are many no-cd cracks (even some that let you play on battle.net) for Diablo II and its expansion pack.

      If that means harassing some people with questionable lawsuits to stall for their software, so be it. I feel that we worry too much on Slashdot about legalisms and not enough about common decency.

      Common decency should apply to Blizzard also. Is it considered common decency to threaten loyal gamers who created a tool so they could play without connecting to the cheater-ridden, laggy, and resetting battle.net?

      Besides, do you really think that all of the beta testers who already have bnetd are going to go play it on battle.net? They already have it! Maybe Blizzard should have contacted the authors of bnetd and said "Hey, here's how you can detect the WC3 beta, can you have the server pop up a request to go play on battle.net?" or even have it not allow WC3beta to play. Sure, it wouldn't catch everyone, but at least they would have a reminder that they are supposed to be testing the game on battle.net so Blizzard can improve the game. Maybe even the warez kiddies who copied/cracked it would load battle.net a little more and give them a scaled test..

      Ripping off a company that puts out products you love is poor form.

      Pissing off most of your existing customer base by getting rid of a useful and legal product because of a product you haven't released yet (and those pissed off customers won't buy) is in poor form.

      Of course, this argument implies that the same people griping about how horrible shutting down bnetd is now won't turn around and say "Ohh! New Shiny!" when WC3 is actually released..

      --
      There are two kinds of people: 1) those that need closure
    2. Re:I don't blame them... by Phanatic1a · · Score: 5, Insightful

      If you love Blizzard games, show some respect and let them launch their games as they desire.

      This is so backwards.

      I like Blizzard games. I've purchased and enjoyed them since Warcraft.

      But I love my rights. I love your rights, and those of the bnetd developers. Anyone who values Blizzard software more than our rights under the law and constitution of the US, or your respective country, has some seriously skewed priorities.

      You're saying that if I like Blizzard's games, I should be willing to forgive a little legal threatening, some innocent trampling of my rights.

      I say the reverse: Because of Blizzard's actions here, I won't be buying any more of their games, enojoyable though they may be.

    3. Re:I don't blame them... by TheOnlyCoolTim · · Score: 3, Insightful

      This whole case has made me rather saddened with how people are willling to give up their rights.

      First argument I get from Blizzard fanboys is "it's illegal!". Too much respect for the law. MAYBE it's illegal, under the DMCA. Crappy laws should be disobeyed.

      Blizzard has also apparently sent these types of notices to people who develop cheats for their games or develop chat bots for their Battle.Net servers. Now I hate cheating, but I don't see giving up the right to free speech as an acceptable way to try and stop it. Apparently a lot of these Blizzard fanboys do. As for the bots, apparently a lot of people use them in an annoying way. So we should throw away our rights because they might let people annoy us. Blizzard is welcome to try and stop emulated servers, cheats, and bots through technical means (and they should), but the programmers shouldn't be called criminals because of a program they wrote.

      What seems a sad part to me often is the fact that Blizzard owes a lot of their popularity to the Multiplayer success of Warcraft 2. If you wanted to play Warcraft 2 on the Internet, you used a third-party program "Kali", which emulated the protocol used by Warcraft and provided a matchmaking server. So basically, Blizzard wouldn't be where they are today without an earlier program quite similar to BNETD and FSGS.

      Tim

      --
      Omnia vestra castrorum habetur nobis.
    4. Re:I don't blame them... by Rura+Penthe · · Score: 3, Informative


      Pissing off most of your existing customer base by getting rid of a useful and legal product because of a product you haven't released yet (and those pissed off customers won't buy) is in poor form.


      I'm going to take an excerpt from the WC3 beta EULA I have here (yes, I know this is of dubious legal value and EULAs are evil monsters at /., but it is nonetheless theoretically something agreed to. FWIW, this is the same license that came with D2 and SC, etc).

      Responsibilities of Beta Tester

      C. You are entitled to use the program for your own use, but you are not entitled to:

      (I) sell, auction or grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Blizzard; and

      (II) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber cafe, computer gaming center or any other location-based site without the prior written consent of Blizzard; and

      (III) host or provide matchmaking services for the Program or emulate or redirect the communications protocols used by Blizzard in the network feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without prior written consent of Blizzard; ...

    5. Re:I don't blame them... by RickHunter · · Score: 3, Insightful

      The problem is that Blizzard's going after the wrong guys. The bnetd authors have deliberately not built WC3 support into their software. However, some beta tester leaked their copy. (boohoo for Blizzard, they didn't build in ways to detect who leaked what) And some warez kiddies, deciding that they wanted to play multiplayer, hacked bnetd to support the beta.

      Now Blizzard's just lashing out at the originators, not catching on that these guys have nothing to do with their problem.

  10. EFF & bnetd by nyet · · Score: 5, Informative

    Paste, from here

    Ok not many of you may know, but I am the host and admin for the bnetd.org
    server. I am also an ISP and the one who hosts the server here at no cost to
    anyone. I also have been known from time to time to help with development and
    ideas on the bnetd server, but I am not even close to one of the main
    developers. I have also been know from time to time to hack on the web pages for
    the site as well.

    I have talked with the lawyers at EFF. They are interested in taking on the
    case, both for us as a small local/rural ISP and to help defend the developers
    as well. So for now the web site is sort of closed down to keep Vivendi/Blizzard
    lawyers from suing us as a small ISP and to help prevent them from suing each of
    the developers. They could still sue both of us, and say that they will at least
    sue the developers and owners of the website (which I guess would techincally be
    me personally).

    I and I believe most of the developers plan on fighting this as much as we can
    given the support that we are able to get from EFF and others. It remains to be
    seen what kind of legal advice we get in the next few days and up comming week
    as to when the site will return. The site was taken down in its current form by
    concensus amoung all the developers that could be reached at the given time that
    action was required. I, as an ISP, did not force anyone to do anything. As an
    ISP I plan to fight this as much as I can, as a developer (the little developing
    that I have done) plan to fight this as well.

    I plan to fight this and return the site back to its "normal state" (whatever
    that may be), it is just a question of when and how long at this point.

    Vivendi/Blizzard's main complaint, as was voice to me in an hour long call with
    them yelling and threating me, the ISP to hurry and take it down "why do you
    need to wait and figure all this out?" was that the bnetd program/server does
    not impliment the online CD-KEY checking and thus allowed pirate copies to play
    online, and that the true battle.net server have this code as an anti-piracy
    protection. Since bnetd doesn't have this feature, it was circumventing the
    piracy/copy protection and thus was in violation of the DMCA. It was at this
    point that Vivendi/Blizzard just wanted me, the ISP, to shut the whole site
    down, not remove the offending files but shut the whole site down or risk having
    them sue me along with the "owners" of bnetd.org. They were very unhappy that I
    want to talk with a lawyer to see what my options were, and said if they didn't
    hear back from me by the next day one way or they other they would start
    proceedings to sue me and the "owners" of bnetd.org who were refusing to respond
    to their messages. Now who they were contacting as the "owner" of bnetd.org is
    beyond me, and the lawyers were unable to tell me who they tried to contact and
    said "its beside the point anyway", which happens to seem to be their favorite
    phrase.

    If you want to support this fight, I suggest you email Blizzard and Vivendi
    letting them know how displeased you are that they didn't even contact us first
    or try to work anything out, but rather just hammered us with legal threats and
    the DMCA. I also suggest that you get an EFF membership to help them fight cases
    like this. If you want to donate to a defense fund for our court costs I would
    assume that you could contact EFF and they could work something out.

    If you have any other questions let me know. I will try to answer them as best I
    can.

    Tim Jung
    System Admin
    Internet Gateway Inc.


    1. Re:EFF & bnetd by wrinkledshirt · · Score: 4, Interesting

      I suggest you email Blizzard and Vivendi
      letting them know how displeased you are that they didn't even contact us first
      or try to work anything out, but rather just hammered us with legal threats and
      the DMCA.


      I tried this. I sent an email to the sales dept telling them how they lost me as a customer because of what they were doing with the DMCA to a project that was basically started in good faith.

      I received this:

      ----------------
      Hello.

      Certain programs have been developed that allow users to bypass Battle.net's
      CD-key-authentication process. Although these programs might have been made
      with good intentions, they directly promote software piracy by allowing
      users who have illegitimately obtained our games to play them as if they'd
      been legitimately purchased. Furthermore, because these programs allow
      access without a CD key, they render malicious users unaccountable, thereby
      eliminating Blizzard's ability to protect legitimate consumers. Therefore,
      Blizzard has taken an aggressive stance opposing the use of these programs.

      Please take a moment to read through our FAQ regarding these issues at
      http://www.battle.net/support/emulationfaq.sht ml if you have any questions
      or concerns about Blizzard's stance on software piracy.

      {WR655}

      Thank you for your email,
      Kenny Z.
      Technical Support
      Blizzard Entertainment
      PS. If you plan to reply to this message, please include all previous
      messages between us.

      --------------

      I assume this is word-for-word what other people would have received if they've sent in a similar complaint. Something tells me that giving me Kenny Z. is Blizzard's way of saying "screw off". I sent a response that basically reiterated my position and made a suggestion about how the two projects could work in harmony, and even mentioned how much of Half-Life's popularity had to do with Valve embracing the developer community instead of slapping the CS boys with "cease and desist"s. Blizzard didn't bother replying.

      I'm not sure what else to do at this point. I'm not going to buy their games because of this, but I'm way outnumbered by those who will. Hopefully the EFF can make a major stink about this and either win the case, or better yet, learn to work the mainstream media so that Blizzard gets a bunch of bad press because of it.

      --

      --------
      Bleah! Heh heh heh... BLEAH BLEAH!!! Ha ha ha ha...

  11. Conclusion: Blizzard has an uphill legal battle by Suppafly · · Score: 3, Interesting

    Conclusion: Blizzard has an uphill legal battle

    How so? No matter how much you want to estow the virtues of open source yada yada, blizzard will probably win.. hell they probably won't even have to go to court to win.. the bnetd guys will probably appologize and settle out of court just to keep from losing millions of dollars trying to fight this.

    Conclusion: Money talks. Period.

  12. It wouldnt matter by Decado · · Score: 4, Interesting

    Even if Blizzard did allow pass-through authentication to battle.net and even if the bnetd people did implement it one of the problems here is the Open Source nature of bnetd. It would be a trivial task for a lot of people to remove this authentication from bnetd so the problem still remains.

    Also implementing high level crypto for real time strategy games that you want to provide access to for free on servers would at the very least greatly increase the computing horsepower required by those servers (thats assuming that sort of real time high powered encryption is even possible). Blizzard wants to provide a free service to anyone who wants to play their games online, but they can only continue to do that while it is economically viable. Anything that increases the cost of this service will also have a knock on effect on its quality.

    Finally if you check the licence agreement that comes with your Blizzard games you will see:

    you are not entitled to:
    (iv) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by the Licensor in the network feature of the Program, though protocol emulation, tunneling, modifying or adding components to the Progran, use of a utility program or any other techniques now known or hereafter deceloped, for any purpose including, but not limited to network play over the Internet, network play utilising commercial or non-commercial gaming networks or as part of content aggregation networks withoug the Licensor prior written consent.

    Unless all the people involved in the bnetd project have never purchaesd and played a Blizzard game they are violating this licence agreement.

    But the really sad thing is that if Blizzard feel that the public beta is lending itself to piracy in such a manner that it is affecting sales then that will be the end of their public betas. I also find it really depressing that Blizzard have been unable to find a group of 5000 people to test, whom they have trusted with their beta versions and who have no doubt signed all sorts of non-disclosure agreements, but who are willing to abide by that and not release the games to warez sites. Regardless of what happens to the bnetd project I really hope that the people who released the warez versions of the WC3 beta feel the full strength of Blizzards laywers brought to bear on them.

    --

    Slashdot: Proof that a million monkeys at a million typewriters can create a masterpiece

  13. But the CD KEYs *are* working. by wls · · Score: 5, Interesting
    Okay, maybe it can be approached this way:

    Suppose you have a software package, and the CD KEY is used to allow you to install the software. Presumably, it takes some encrypted form and mutates it into a useful version. Alternately, such a code might be used to alter program logic to affect software behavior -- whatever. The point here is that the CD KEY is a protection mechanism at the client end.

    Like the rest of the /. majority, I too find the DCMA an example of knee-jerk legislation produced by the uninformed and easily lobbied. But in this, suppose you even agree with it...

    According to Tim Jung's post the gripe expressed was that the bnetd.org server does not do CD KEY checking. My point -- it shouldn't have to.

    It appears that the design of this product is such that invalid CD KEY prevents people from stealing battle.net server resources. Apparently, that is working; good for Blizzard.

    As I understand it, people aren't forging false CD KEYs and inappropriately using battle.net server's resources -- doing so would make the case more plausible. Yet in this case, it would an individual service hijacking player who should be the focus of legal attention.

    So what was designed and built by Blizzard is something that actually says "show me your receipt and I'll let you use our systems." Rather than forge CD KEYs to do something illegal like steal Blizzard's service, the user community has provided their own resources, built their own software, and opted not to check for a "receipt" to use those services. Technically, it's not duplicated Blizzard's server then either, since it's a subset.

    True, this does let people try an approximation. However, it isn't the actual golden master -- by definition it's build with low confidence, and possibly broken with missing features. Blizzard wasn't passing out free copies of a production game, it passed out something else with the expectations of comments.

    About the only real complaint Blizzard has is that they aren't getting as much beta feedback as they could had they expanded the beta base. However, if Blizzard's servers are locked out via a CD KEY except to only a few, then they weren't going after that data because they wouldn't be getting that data anyhow -- so there's no loss, other than potential they forgot to go after. That was a business mistake.

    Blizzard's true error then is not designing the software to require something only their servers could provide.

    However, I can tell you as a software consumer, if I purchase a product that depends on someone's website being up and around, I get jittery about them going out of business or no longer supporting it and wouldn't make the purchase.

    I suspect if Blizzard kindly asked for it, anonymous beta testers would happily provide feedback. Feedback that would make the game much better, improving overall sales. Blizzard actually has a very positive opportunity here, if they can get past the shortsightedness.

  14. Re:No, they don't by Xerithane · · Score: 3, Insightful

    Wrong.

    If bnetd did not exist, then the hacked copies of WC3b would not be playable - bottom line.

    Blizzard is not pissing all over the bnetd authors either. Blizzard is protecting their interests in the best way their lawyers see fit. They could have been quite nasty with the bnetd authors, but I feel a mild C&D letter (even if it doesn't legally hold water, gets the point across) is well within reason.

    And, if you send an email (big difference between email and a letter, as well) to a support email address of course you will get a canned response. If you want real feedback, talk to their department that doesn't handle the bulk of their email.

    --
    Dacels Jewelers can't be trusted.
  15. wrong by poemofatic · · Score: 5, Insightful

    If bnetd did not exist, then the hacked copies of WC3b would not be playable - bottom line

    --online that is. And if RW-CD burners didn't exist, then WC3b couldn't be burned to them and passed around. And if phones didn't exist, people couldn't call up their friends and tell them how to get the w3cb...

    bnetd wasn't created to hack wc3b, and that's not it's primary purpose or use, so your point is moot.

    --

    When in doubt, have a man come through a door with a gun in his hand.

  16. Re:blizzard is crucifying the wrong savior by q-soe · · Score: 3, Insightful

    intersting logic applied - the guys who arent in the wrong are the open source ones and everyone else is in the right

    Slasdhot logic at its best

    Why didnt you throw in Microsoft for making the OS that runs the product - that would make it complete bullshit

    --
    I refuse to argue with Anonymous Cowards - if you want a discussion get an account....
  17. Nice but this is not a free speech case by q-soe · · Score: 3, Insightful

    Whilst its true that Free Speech is the most popular for Pro bono there is NO way in hell you could ever cast this as a free speech case, its not. The question will hinge on whether the software infringes blizzard copyrights or circumvents legal anti copying or access control measures to facilitate use of a hacked or copied version of the software. Getting around copy protection is not the spirit or the letter of free speech - its violation of copyright or theft of intellectual property (whatever your politcal beliefs the law is the law) if getting around

    Theres no free speech angle in it - Blizzard spent the money to develop a product with a reasonable expectation of security, they provide the servers and bandwith for the BattleNet system and they have an expectation that people using this system will have paid for the software. To attempt to prevent piracy (albeit not very succesfully if Diablo and Starcraft are any example) they use a CD key system.

    The BNETD developers designed software that circumventes this by 'ignoring' the cd key and thus it breaks the protection. (note it did this for older blizzard releases - thus blizzard could possibly prove they have a case WITHOUT WC3)

    Whether the person who modified the system or not is reponsible the unfortunate fact if that bnetd as the original developer of the product will be the first ones toe get sued as their software allowed modification (a good lawyer can argue that it encouraged it) to circumvent the copy protection system and allow illegal use of the clients IP.

    In short i wouldnt waste a cent of my money in a lawsuit if i was bnetd - i would find a way to modify my software to block blizzard products and pray that my software doesnt allow any circumvention of other companies copy protection (i bet it does).

    I like bnetd, its interesting software, but it can and has been used to get around the protection on blizzards software and it is very easy to prove, ultimately Blizzard will win and wasting piles of money defending what many will see as the indefensible is plain insane.

    PS i read tim's letter on this and i would point out that anyone here who gets worked up about the talk about lawyers being agressive and yelling has never dealt with lawyers before - this is what they get paid for.

    Open source does not mean break any and all copyrights - and the downside of collective development is that when something like this happens the courts are going to go after the most identifiable person they can get their hands on - and in most cases that will be the original developer.

    Want to avoid this happening to you ? get a lwayer or IP expert to review your license agreement to ensure you are covered. Sure it costs money but then again so does getting sued.

    --
    I refuse to argue with Anonymous Cowards - if you want a discussion get an account....
  18. Re:funny you mentioned that by Xerithane · · Score: 3, Informative

    Warcraft III will have single player mode. Look at the faq [blizzard.com]. Now it's possible (I don't have the beta) that single player mode was crippled to only test online play -- do you have the beta?

    The betas purpose is purely for testing the playability and is only available for online play. I do not have the beta, but have friends who do. It is only multiplayer.

    Just because something can be used to aid unauthorized copying doesn't mean it's illegal.
    You said I was wrong. That's bullshit, because your first paragraph totally obliterated any and all hope for you to change your stance and be right. The whole and entire reason (according to blizzard) that bnetd is being shutdown is because they do not have the CD-auth mechanism in place. This is happening because the war3b crack allowing you to play it on bnetd servers. The cd-auth mechanism would have to be opened up or a published API for bnetd servers to talk and even so, it's an open source application so people can remove that code and still play the game.

    Besides, go read my original post and you will see that I really didn't bring up any other issues, other than that war3b crack is only playable on bnetd, not on valid bnet servers. And as a seperate argument I posted that Blizzard did not "piss all over" the bnetd authors as the parent to my post submitted.

    Because you did not know that the single player mode was crippled in war3b shows that you don't understand what the originating issue about the war3b crack was. So, don't call me wrong when you are still misinformed.

    --
    Dacels Jewelers can't be trusted.
  19. Re:Old Fashioned Right and Wrong ? by Kwil · · Score: 4, Insightful

    All the talk about DMCA and fair use and everything else is a very good thing but i think missing a very important point, what happened to old fashioned right and wrong ?

    Nobody's ignoring right and wrong..
    The bnetd folks haven't done anything wrong.
    The beta-cheaters are doing wrong with their use of bnetd.
    Blizzard is doing wrong to bnetd because of the beta-cheaters.

    What we need is some way to cut out the middle-man. Let Blizzard go after the beta-cheaters directly and not stomp on the bnetd guys. After all, they're about as much at fault for this as a crowbar manufacturer is for someone breaking into a house using that crowbar.

    is it right to take someone elses property and use it without paying ?
    Absolutely not. But is bnetd taking Battle.net away from Blizzard? The only thing they could be argued taking is a number of the users, and last I checked, people are nobody's property.

    is it right to ignore licenses and other agreements because you 'dont care for them' ?
    Absolutely not. They should never be ignored. However ignorance, lack of a real 'agreement', and civil disobedience are all different things. The key to remember is that if you engage in civil disobedience, you'd best be prepared for the consequences, and if you think there's a lack of a real agreement, you'd best be prepared to defend that position.

    Is it right to damage a companies profits and endanger jobs for people ? people with families to feed ?
    Morality has no connection to a company's profits. I as a human being have absolutely no responsibility to support a company. In fact, if a company is engaged in immoral acts, it is my moral obligation to help stop them, and the employees moral obligation to help stop the practices, or quit and help stop the company.

    Is it right to defend anyone who comes along and finds a way around 'iritating things' like security?
    Finding a way around security is not an immoral act, so yes, it is right to defend a moral person who has done so - especially if they are then made targets of immoral acts, such as the harrassment, or suppression of expression.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze