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RE: [dvd-discuss] Blizzard / Battlenet FAQ




Isn't that the same thing as competition?

One service vendor takes business away from another.  (even if one is
non-commercial).

You're right that that may be their legal theory, but would it have a
chance?  I don't know.  One would think that a competitive economy would
be impossbile if this "theft of service" argument held.

On Fri, 8 Mar 2002, Michael A Rolenz wrote:

> They still might have a theft of service argument because the the clones
> are taking "service" away from the non clones...not saying that I'd buy it
> but it may be their "legal theory" to try to use as a club over somepeople
> who were smarter than they.
>
>
>
>
> Tim Neu <tim@tneu.visi.com>
> Sent by: owner-dvd-discuss@eon.law.harvard.edu
> 03/08/02 02:08 PM
> Please respond to dvd-discuss
>
>
>         To:     <dvd-discuss@eon.law.harvard.edu>
>         cc:
>         Subject:        RE: [dvd-discuss] Blizzard / Battlenet FAQ
>
>
>
> As I understand it, the opposite is true.
> Blizzard charges for the game, then provides the service for free.
>
> The only exception to this is their latest game, Warcraft 3, which has
> been released in beta form for free.  Blizzard's concern with bnetd is
> probably based on their inability to "turn off" the beta version of this
> game on all users which use bnetd as their server when they go production
> with it.   Interestingly enough, the original bnetd project does not
> support Warcraft 3 - but a fork of the earlier bnetd source has been
> improved to support it.
>
>
> On Fri, 8 Mar 2002, Michael A Rolenz wrote:
>
> > 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 --
> >
> >
> >
> >
> >
>
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
> ______         _ __                          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 --