Seth Johnson | 1 Oct 22:14 2004

Blizzard v. BNETD Disaster


Blizzard v. BNETD (Davidson v. Internet Gateway) Fair Use/DMCA

September 30, 2004

Blizzard v. BNETD (formally "Davidson & Associates v. Internet
Gateway") ( is
a case about the right to reverse-engineer and build a
open-source network game emulator. A district court decision has
just been issued (via Ed Felten
In sum, it's a horror on every item, and rules solidly against
programmer's interests.

Some of the parade of horrors:

The quasi-Libertarian like-it-or-lump-it view of a contract of

The parties in this case did have unequal bargaining power
because Blizzard is the sole seller of its software licenses;
however, the defendants had the choice to select a different
video game, to agree to the terms and gain the software and
access to, or to disagree and return the software for
a full return of their money.

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