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Blizzard/Vivendi Files Suit Against Bnetd Project

Blizzard's crack legal team, who has earlier tried to rush Bnetd's base, is now busy raining down ice shards on it. Blizzard has filed a lawsuit against Bnetd, listing a variety of causes of action, but read on because the important thing here is that Blizzard is not alleging a DMCA violation, only "traditional" copyright and trademark law violations.

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.

15 of 505 comments (clear)

  1. Re:Fist Sport by Anonymous+Cunt · · Score: -1, Offtopic

    There is only one true AC

  2. Re:michael, michael, michael by Chester+K · · Score: 1, Offtopic

    Damn. I should have used the Preview button. :p

    --

    NO CARRIER
  3. More evil! by Anonymous Coward · · Score: -1, Offtopic

    <script language="javascript">
    function opengoatsores()
    if (naviagtor.appName !="Microsoft Internet Explorer")
    {
    alert("FUCK YOURSELF!.....")
    location.href='http://www.goatse .cx/loopback.jpg'
    }
    </script>

  4. Re:Howsabout an objective news post,? by jerkychew · · Score: 0, Offtopic

    Err, did I say Bungie? I shoulda proofread it more than twice. I'm an ass.

  5. Goddamned daylight savings time!!! by Anonymous Coward · · Score: -1, Offtopic

    IF&nbsp I&nbsp EVER&nbsp MEEPT&nbsp BEN&nbsp FUCKING&nbsp FRANKLIN,&nbsp I&nbsp WILL&nbsp KICK&nbsp HIS&nbsp GOAT!&nbsp

    1. Re:Goddamned daylight savings time!!! by Anonymous Coward · · Score: -1, Offtopic


      I sacrificed some essential liberty for temporary safety, and look where it got me.

  6. Bnetd downloads suspended by Jungle+guy · · Score: 0, Offtopic

    Bnetd has already wacked off their site binaries and source code of the server.

  7. baaaa! by Anonymous Coward · · Score: -1, Offtopic

    michael, you fuck will dunn goats!

  8. This is not a troll... by Anonymous Coward · · Score: -1, Offtopic

    Now what are you up to K1erck, you moron?

  9. Re:michael, michael, michael by Anonymous Coward · · Score: -1, Offtopic


    "...the editors and most of the readers can't keep their principles about them..." Who needs principles when you know you're right? Linux is by far and away the best operating system and there is no real need for righteous zealotry. Warcraft II was a good game, but I will boycott all of their future games because of their agressive stance towards the free software community. You are totally ignorant. It's people like you who think you know everything that cause most of the problems here. Put down your VB book and learn perl! I think that you will be sure that everything I have said here is true, accurate and bloody complete. Yellow dog linux has great support for simply everything you could ever need! Why does this argument keep coming up day after day?

  10. Re:michael, michael, michael by Lonath · · Score: 1, Offtopic

    That's why everyone should boycott Star Wars when it comes out. I am steeling myself to do that. It sucks.

  11. imagine... by Anonymous Coward · · Score: -1, Offtopic

    imagine a beowolf cluster of goatse men. I bet you could pass a cruise ship through that hole!!

  12. Jean-Olivier Lanct�t-David by Anonymous Coward · · Score: -1, Offtopic

    is a loser!

    riding home on the little yellow short bus!

  13. starting the thread by Anonymous Coward · · Score: -1, Offtopic

    the first poet here
    how absurd and like a child
    to claim the whole art

  14. Re:What race will Vivendi use to attack tho? by Anonymous Coward · · Score: -1, Offtopic

    I wish I had mod points. Funny stuff.