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Copyright or Wrong®
The Jefferson Coulter Blog: Copyright Law and Policy

Is that mage on autopilot?

Blizzard Entertainment moved for Summary Judgment against MDY the maker of the popular Glider program for Word of Warcraft. MDY filed its own motion for summary judgment on the same day. In the closely watched case (at least by me), Blizzard is alleging the MDY’s Glider program violates its copyright by allowing users to automate their online game experience in violation of Blizzard’s End User License Agreement (EULA). MDY argues that its legally impossible for its product to subject it to liability for copyright infringement, when the only basis for the liability is Blizzard’s EULA saying its a no no. After all, Blizzard’s users are the one violating the EULA, not MDY, and if Blizzard doesn’t like it, it can kick the users off. MDY never agreed to the EULA.

Napster and Grokster fell afoul under similar arguments where their services allowed massive copying. Users also were able to function fairly anonymously and divert revenue from the content owners. In the current case, Blizzard has complete control of the naughty users and its only basis for attaching liability to MDY is a EULA that its not a party to.

I think MDY is Alliance and Blizzard is Horde.

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