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ARTICLES

March
30, 2007
Escaping the Grind
MDY INDUSTRIES vs. BLIZZARD ENTERTAINMENT
A Primer
If Blizzard bans me, ah well, time to go
out and get another CD key and start it all over again, not like I lost
a lot of hard work.
-WowGlider customer
The EULA will again be front and center as Blizzard
and MDY prepare to square off in litigation that will seemingly have to
address the state of play, the nature of MMORPGs, contracts, and
intellectual property. In light of recent reports by WoWInsider (1)
(2)
that Blizzard has filed countersuit against Michael Donnelly, owner and
founder of MDY Industries (maker of WoWGlider,
popular but highly controversial automation software for World of
Warcraft), I thought it would be a good opportunity to examine some of
the compelling issues surrounding this case set to begin initial
proceedings in Federal Court early this spring. Donnelly asserts that
his business has in no way violated any rights owned by Blizzard who
has in fact created “an actual controversy” through accusatory “threats
and actions” (See claim).
Blizzard has responded by reasserting such allegations ranging from
tortuous interference with contracts, copyright, DMCA and trademark
infringement to “illegitimate...cheating, scamming and exploit” (See Counterclaim).Yet
upon closer examination, it appears that neither side has been
particularly straightforward in their accusations. The legal game at
its finest.
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