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Blizzard Wins bnetd Case Round 2


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#1 IMG News

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Posted 06 September 2005 - 09:48 AM

A short blurb at Slashdot notes that Blizzard/Vivendi has won another round in the ongoing case versus bnetd, an open source program that allows users to play Blizzard games on servers not under the Battle.net banner. In straight legalese, according to a court PDF:

Appellants failed to establish a genuine issue of material fact as to the applicability of the interoperability exception [of the DMCA]. The district court properly granted summary judgement in favor of Blizzard and Vivendi on the operability exception. Summary judgement in favor of Blizzard and Vivendi is affirmed.
The Electronic Frontier Foundation is currently backing the folks behind bnetd, though Slashdot adds that they have yet to update their site regarding their next move.
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#2 Tesseract

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Posted 07 September 2005 - 01:01 AM

The defendants never had much of a chance, as they admitted that they had agreed to the EULA, and EULAs have been found to be enforceable in their state. It would be interesting to see the result of a similar case where the defendants had not agreed to the EULA. Then we would see if EULAs effectively allow corporations to write their own laws by making agreeing to them compulsory.

Being unable to run your own Starcraft server at a LAN is unimportant compared to the other results of this decision. It basically means that companies are able to legally lock out competition by preventing any other software from interoperating with their own. This means that software which is written by reverse engineering a proprietary format or protocol, like Mac OS X's "Windows File Sharing" feature, will be a thing of the past.