Blizzard Stomps Bnetd in DMCA Case

base3 writes "The EFF reported that the Vivendi/Blizzard vs. the good guys case has been decided, and it doesn't look good. Some highlights from the ruling are: A clickthrough EULA isn't unconscionable (and thus enforceable); Fair Use rights can be waived in a EULA; First Sale rights (!) can be waived in a EULA; The DMCA's interoperability provisions are not a defense. If this ruling is allowed to stand, it will allow one-sided EULAs to force the waiver of the rights of First Sale and Fair Use. This, combined with the Supreme Court's recent assent to perpetual copyright, a few decades at a time, will destroy any semblance of balance in U.S. copyright law. Fortunately, the EFF plans to appeal the ruling."

Comments

Re:sold down the river

[MBraynard]

Yeah, things will get a lot worse. I can't think of a better comparison - the WW2 fight against Nazis and you, living in your mom's basement listening to Skinny Puppy and living off of Hot Pockets, fighting against having to pay for and abide by liscencing agreements of the software you choose to use. When you're right, you're right!

Ummm...

[Aash]

Can someone explain to me why these guys are the "good guys" and Blizzard are the "bad guys"? I mean, let's break it down:

Blizzard - makes kickass games, provides us with endless hours of entertainment = bad guys.

Bnetd - an application whose primary use is to allow people with pirated versions of Blizzard games to play them online = good guys.

Something seems a bit off here...

Re: Thanks for letting us know!!..

[NSash]

I bet you were pretty torn up about the one-sided reporting during WWII, also.

Sometimes it's so fucking clear, that either you agree (in which case what are you complaining about), or you are so wrongheaded that yes, you do need someone to explain it to you.

Re:Plain Engrish?

[damiam]

Starcraft didn't squash TA because it was better marketed (well, it did, but that's not the main reason). Starcraft squashed TA because it was a better game, in spite of not being as technically advanced.

Holy Jeez!

[Aash]

Jesus! What the hell is this? Why is everyone here jumping down my throat for stating facts? A lot of optimists here, aren't there? Yes, bnetd does have legitimate uses. I won't deny that. But the fact is, it allows you to play Blizzard's games online without a CD key. THIS MEANS THAT PIRATES CAN PLAY THE GAME ONLINE, whereas before they could not. Come on, be realistic: do you honestly think that the cheapos of the world aren't going to use an application like this to complete their pirated Blizzard game experience?

Yes, there are people who legitimately own the game, and for whatever reason do not want to play on Battle.net (which I honestly cannot fathom -- and don't give me the whole "to avoid cheaters" BS, because you can start a private game on Battle.net , and it's much easier than getting all your friends to download and use bnetd), but Jeez, how many of these people are there?? Again, everyone here sure is a sunny optimist, aren't they! No, no one will use this app for piracy! I'm sure that thought never entered the developers' minds, and that they were just shocked when people started using a program which circumvents the whole CD-key system to help them pirate the game.

And what's this?? Blizzard has a problem with this!? Damn them! Damn the evil corporation for wanting to protect their property! How DARE they!

Yeesh!