RE: [dvd-discuss] Blizzard / Battlenet FAQ

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

I was wondering if any of Battlenet's computers, networks etc were 
involved. As in they give out the software for free but you pay to use 
their system (e.g., AOL) . If so, then they may have a claim on theft of 
service but not otherwise.




Tim Neu <tim@tneu.visi.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
03/07/02 08:28 PM
Please respond to dvd-discuss

 
        To:     <dvd-discuss@eon.law.harvard.edu>
        cc: 
        Subject:        RE: [dvd-discuss] Blizzard / Battlenet FAQ



Theft of service?   I don't know how you would define that.  Both bnetd
and blizzard's battlenet are free.


On Thu, 7 Mar 2002 microlenz@earthlink.net wrote:

> Seems like another case of estoppel. RE is legal. Having been given
> the opportunity and declined they cannot now claim FOUL! Although,
> theft of service may be an issue.
>
>
> Date sent:                     Thu, 7 Mar 2002 20:19:49 -0600 (CST)
> From:                          Tim Neu <tim@tneu.visi.com>
> To:                            "'dvd-discuss@eon.law.harvard.edu'" <dvd-
> discuss@eon.law.harvard.edu>
> Subject:                       RE: [dvd-discuss] Blizzard / Battlenet 
FAQ
> Send reply to:                 dvd-discuss@eon.law.harvard.edu
>
> > On Fri, 22 Feb 2002, Richard Hartman wrote:
> >
> > > > -----Original Message-----
> > > > From: tneu@smithmicrotech.com [mailto:tneu@smithmicrotech.com]
> > > ...
> > > > The Intellectual Property Peddlers did it again.   They got
> > > > me riled up
> > > > enough to write another anti-FAQ.
> > > >
> > > > As usual, please post any recommended improvements.
> > > >
> > > > http://www.visi.com/~tneu/blizzard.html
> > > >
> > > >
> > >
> > > Q: How do CD keys help reduce piracy?
> > >
> > >
> > > Blizzard: Blizzard uses two main methods to combat piracy: 
disc-based copy
> > > protection and CD keys. As part of the login process, Battle.net
> > > authenticates the user's CD key and prevents people from logging in 
with the
> > > same key or an invalid key.
> > >
> > >
> > >
> > > tneu: These precautions are typical of software products, however, 
they have
> > > no legal bearing on the matter. Assuming someone has purchased a 
copy of the
> > > software in question, they are free to use it - even if they choose 
to
> > > access an emulated server rather than the company's own.
> > >
> > > rmh: this is what makes the battle.net clones a "circumvention 
device" under
> > > the DMCA.  if the clones performed the same authentication, then you 
could
> > > run
> > > under the free market competetion w/ far less chance of Blizzard 
being able
> > > to pursue a _successful_ lawsuit.  The question is: how important to 
the
> > > BattleNet clones to bypass the CD key authentication?  Is it worth 
being
> > > shut down?  If all you want to do is compete, you may as well do so 
with
> > > less
> > > legal exposure.  If you want to make a statement about the DMCA and 
become
> > > the next poster child in court (and we _do_ need one), keep on 
truckin'
> >
> > I'm not sure if this is an old email, or not (it seem vaguely 
familiar).
> >
> > The battlenet clones offered to implement CD-authentication, only to 
have
> > blizzard refuse to co-operate.  So, it would seem that if bnetd is a
> > circumvention device, it is so only because reverse engineering the
> > CD authentication would be illegal under the DMCA and blizzard did not
> > provide any other means of implementing it.
> >
> > 
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
> > ______         _ __                          Military Intelligence
> >   /           ' )  )        -KC0LQL-         Honest Politician
> >  / o ______    /  / _  . .                   Intellectual Property
> > / <_/ / / <   /  (_</_(_/_  -- tneu@visi.com / http://www.visi.com/~tneu --
> >
>
>
>

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
______         _ __                          Military Intelligence
  /           ' )  )        -KC0LQL-         Honest Politician
 / o ______    /  / _  . .                   Intellectual Property
/ <_/ / / <   /  (_</_(_/_  -- tneu@visi.com / http://www.visi.com/~tneu --