Blizzard Entertainment v. BnetD.org

Group:

Cheuk-Pan YiuMegan BurkeScott KaforeyJames Jones

IntroductionIntroduction

What are we gonna talk about?What are we gonna talk about? Blizzard EntertainmentBlizzard Entertainment BnetD.orgBnetD.org Ethical IssuesEthical Issues

OpenSource v. Closed SourceOpenSource v. Closed Source Trademark LawTrademark Law Reverse EngineeringReverse Engineering Copyright LawCopyright Law The The BIG GUYBIG GUY vs. the vs. the little guylittle guy

Social ImplicationsSocial Implications And if we have time… never mind, let’s eat And if we have time… never mind, let’s eat

pizza!pizza!

Blizzard EntertainmentBlizzard Entertainment

Established 1994Established 1994 Proprietary Video Game DesignerProprietary Video Game Designer

War Craft SeriesWar Craft Series Star Craft SeriesStar Craft Series Diablo SeriesDiablo Series All Games CopyrightedAll Games Copyrighted

Battle.netBattle.net November 1996 Registered TrademarkNovember 1996 Registered Trademark Blizzard’s Flagship Online Gaming networkBlizzard’s Flagship Online Gaming network

Peer-to-peer connectionPeer-to-peer connection Requires AuthenticationRequires Authentication Virtual Meeting Place for GamersVirtual Meeting Place for Gamers

BnetD.orgBnetD.org Started By UCSD Student Mark Baysinger 1998 Started By UCSD Student Mark Baysinger 1998

called StarHackcalled StarHack Created in response to Battle.net’s instability at Created in response to Battle.net’s instability at

the timethe time Taken up by Ross Combs and Jason ReillyTaken up by Ross Combs and Jason Reilly

Renamed to BnetDRenamed to BnetD Tim Jung, Internet Gateway provides free server Tim Jung, Internet Gateway provides free server

space and bandwidth and domain name space and bandwidth and domain name BnetD.orgBnetD.org

Emulates most of Blizzard’s Battle.net capabilitiesEmulates most of Blizzard’s Battle.net capabilities Created through Reverse EngineeringCreated through Reverse Engineering

Monitored transmissions sent and received by their Monitored transmissions sent and received by their computerscomputers

Case BackgroundCase Background Blizzard issues a DMCA Cease and Desist Blizzard issues a DMCA Cease and Desist

letter to Internet Gateway about BnetD letter to Internet Gateway about BnetD server software.server software. Claims the server has violated their copyright on Claims the server has violated their copyright on

their software.their software. Internet Gateway blocks access to server Internet Gateway blocks access to server

software, needs a lawyer!software, needs a lawyer! EFF to the Rescue!EFF to the Rescue! BnetD group takes responsibility!BnetD group takes responsibility!

Attempts to address Blizzard’s ConcernsAttempts to address Blizzard’s Concerns BnetD promises to repost corrected server BnetD promises to repost corrected server

softwaresoftware Blizzards sues BnetD!Blizzards sues BnetD!

The Stake HoldersThe Stake Holders

Blizzard EntertainmentBlizzard Entertainment BnetD.orgBnetD.org Gamers (End Users)Gamers (End Users)

Blizzard’s ConcernsBlizzard’s Concerns

BnetD Software makes customer base BnetD Software makes customer base management difficultmanagement difficult Patch version controls difficult if Patch version controls difficult if

Blizzard’s Battle.net and BnetD’s Servers Blizzard’s Battle.net and BnetD’s Servers support different patch versions of support different patch versions of Blizzard games.Blizzard games.

Battle.net doesn’t get debuggedBattle.net doesn’t get debugged Blizzard cannot support unlicensed Blizzard cannot support unlicensed

servers in conjunction with their softwareservers in conjunction with their software

Blizzard’s Concerns (Cont.)Blizzard’s Concerns (Cont.)

Copyright ConcernsCopyright Concerns BnetD allows Blizzard Games to be played BnetD allows Blizzard Games to be played

without a proper CD-Keywithout a proper CD-Key Encourages Piracy of Blizzard GamesEncourages Piracy of Blizzard Games Circumvents Blizzard’s EncryptionCircumvents Blizzard’s Encryption

BnetD utilizes a password algorithm which BnetD utilizes a password algorithm which contains a similar bug to an early version of contains a similar bug to an early version of Battle.net Battle.net

Copied Code?Copied Code? EULA denies users the right to re-direct server EULA denies users the right to re-direct server

transmissions.transmissions.

Blizzard’s Concerns (Cont.)Blizzard’s Concerns (Cont.)

Trademark InfringementTrademark Infringement See last 8 presentations for an overview See last 8 presentations for an overview

of Trademark laws. ^_^of Trademark laws. ^_^ Too much to cover as is.Too much to cover as is.

““BnetD” creates Market place confusionBnetD” creates Market place confusion Battle.net registered trademark as of 1996Battle.net registered trademark as of 1996 Battle.net synonymous with BnetBattle.net synonymous with Bnet BnetD=Battle.net Daemon=too close for BnetD=Battle.net Daemon=too close for

comfort.comfort. SUE!!! SUE!!! SUE!!!SUE!!! SUE!!! SUE!!!

BnetD’s ConcernsBnetD’s Concerns

BnetD’s aim to provide a more stable BnetD’s aim to provide a more stable and acceptable environment to and acceptable environment to gamers than Blizzard’s Battle.netgamers than Blizzard’s Battle.net

BnetD did not know how to BnetD did not know how to implement CD-Key checkingimplement CD-Key checking Proprietary Blizzard Database of CD-Proprietary Blizzard Database of CD-

KeysKeys BnetD didn’t want to be accused of CD-BnetD didn’t want to be accused of CD-

Key “harvesting”Key “harvesting”

BnetD’s Concerns (Cont.)BnetD’s Concerns (Cont.)

BnetD Attempted to address Blizzard’s BnetD Attempted to address Blizzard’s Concerns prior to the LawsuitConcerns prior to the Lawsuit Agreed to implement a cd-key verification Agreed to implement a cd-key verification

scheme with Blizzard’s assistancescheme with Blizzard’s assistance Phone conversations with Blizzard Phone conversations with Blizzard

produced “promising results”produced “promising results” Oh my god, they sued us, those bastards!Oh my god, they sued us, those bastards!

Being forced out of the market by the Being forced out of the market by the BIG GUYBIG GUY..

Gamer’s ConcernsGamer’s Concerns

Wanted an alternative to Battle.netWanted an alternative to Battle.net Battle.net had many flawsBattle.net had many flaws

Many Users -> increased network latencyMany Users -> increased network latency No way of filtering out cheatersNo way of filtering out cheaters No way to locate friends to play againstNo way to locate friends to play against No support for people using Network Address No support for people using Network Address

Translation, or people behind firewalls.Translation, or people behind firewalls. LAN Parties still had to go through the Internet LAN Parties still had to go through the Internet

instead of using local network protocols.instead of using local network protocols.

Intermission or Intermission or What’s the problem, recap?What’s the problem, recap?

Blizzard takes issue with BnetD’s Blizzard takes issue with BnetD’s server software claiming it violates server software claiming it violates their copyrights and trademarkstheir copyrights and trademarks

BnetD attempts to provide for the BnetD attempts to provide for the concerns of the games while concerns of the games while addressing the concerns of Blizzard.addressing the concerns of Blizzard.

Gamers think Blizzard’s Battle.net Gamers think Blizzard’s Battle.net sucks.sucks.

Ethical IssuesEthical Issues

Open Source v. Closed SourceOpen Source v. Closed Source Trademark LawsTrademark Laws Reverse Engineering Past and Reverse Engineering Past and

PresentPresent Copyright lawsCopyright laws Big Guys versus Little GuysBig Guys versus Little Guys

Open v. Closed SourceOpen v. Closed Source

Conflicting business model?Conflicting business model? Closed Source:Closed Source:

Code is the most important assetCode is the most important asset Open Source:Open Source:

Code is free, the community is the assetCode is free, the community is the asset Doesn’t have the resources to Doesn’t have the resources to

communicate with closed-source communicate with closed-source companiescompanies

Relies on reverse engineering to Relies on reverse engineering to interoperate with closed-source software.interoperate with closed-source software.

Open v. Closed Source (Cont.)Open v. Closed Source (Cont.)

Closed Source view of open sourceClosed Source view of open source Stealing their hours of work and Stealing their hours of work and

expense to further their projects.expense to further their projects. Open Source view of Closed SourceOpen Source view of Closed Source

Prevents them from gathering Prevents them from gathering information necessary for their survival.information necessary for their survival.

What ever happened to “fair use”?What ever happened to “fair use”?

Trademark InfringementTrademark Infringement ““Trademarks are established to promote Trademarks are established to promote

goodwill between the producer of a product goodwill between the producer of a product or service and the consumer.”or service and the consumer.”

Trademark serves as guarantee of qualityTrademark serves as guarantee of quality U.S. uses “Common Law” beliefs for U.S. uses “Common Law” beliefs for

trademarks, the next level is Federal trademarks, the next level is Federal trademark registrationtrademark registration

Business Owners very serious about Business Owners very serious about protecting their marks, if they feel protecting their marks, if they feel threatened most likely they will take the threatened most likely they will take the case to courtcase to court

Need to take in account the “likelihood of Need to take in account the “likelihood of confusion” when creating your markconfusion” when creating your mark

Trademark Infringement (Cont.)Trademark Infringement (Cont.) Blizzard registered Battle.net as a federally Blizzard registered Battle.net as a federally

recognized trademark (1996)recognized trademark (1996) BnetD uses a name that may cause BnetD uses a name that may cause

“likelihood of confusion” when they create “likelihood of confusion” when they create their server, and domain bnetd.org (1998)their server, and domain bnetd.org (1998)

Ways to test for infringement: similarities Ways to test for infringement: similarities of the marks in terms of sound, appearance of the marks in terms of sound, appearance and meaning, goods and/or services are and meaning, goods and/or services are related, the products/services are sold in related, the products/services are sold in the same area of trade, the sophistication the same area of trade, the sophistication of the usersof the users

Did BnetD act ethically in adopting their Did BnetD act ethically in adopting their server and domain name?server and domain name?

Reverse Engineering Reverse Engineering

Definition: Reverse engineering of Definition: Reverse engineering of software is the process by which a software is the process by which a computer program is analyzed, by computer program is analyzed, by taking it apart, in order to determine taking it apart, in order to determine how the program works .how the program works .

Reverse Engineering in the pastReverse Engineering in the past Disassembling Programs ->translation of Disassembling Programs ->translation of

machine code to human-readable machine code to human-readable assembly code.assembly code.

Was considered “Fair Use”.Was considered “Fair Use”.

Reverse Engineering as Fair UseReverse Engineering as Fair Use

Educational BenefitsEducational Benefits Coding By exampleCoding By example The ability to abstract the functions of code The ability to abstract the functions of code

they saw on the screen with the program they they saw on the screen with the program they were using.were using.

Contemporary UseContemporary Use Restructuring a program to run on another Restructuring a program to run on another

operating systemoperating system Testing program deployment over a group of Testing program deployment over a group of

computerscomputers Interoperable programsInteroperable programs

Device DriversDevice Drivers Communications ProtocolsCommunications Protocols

Reverse Engineering: The Seedy Reverse Engineering: The Seedy UnderbellyUnderbelly

Warez software communities reverse Warez software communities reverse engineer software applications in order engineer software applications in order to offer a “try-before-you-buy” option.to offer a “try-before-you-buy” option.

Some users refuse to buy and continue Some users refuse to buy and continue to try… ummm… isn’t that stealing?to try… ummm… isn’t that stealing?

Software companies see losses as the Software companies see losses as the Warez community pirates more Warez community pirates more commercial software titles.commercial software titles.

HELP! EULA! HELP! EULA!

Reverse Engineering: The EULA’s Reverse Engineering: The EULA’s ResponseResponse

Most software packages contain this Most software packages contain this document outlining terms of usage document outlining terms of usage for software.for software.

Requires software owners relinquish Requires software owners relinquish their rights to copy/reverse engineer their rights to copy/reverse engineer their programstheir programs Intentions: Reduce Software PiracyIntentions: Reduce Software Piracy Innocent victims: Those who legitmately Innocent victims: Those who legitmately

Reverse-Engineer SoftwareReverse-Engineer Software Is it Legal?Is it Legal?

Reverse Engineering:Reverse Engineering:Views of EULAViews of EULA

SVLA supporters say Computer FraudSVLA supporters say Computer Fraud At point of sale appearance of saleAt point of sale appearance of sale At point of installation -> leaseAt point of installation -> lease

Uniform Computer Information Uniform Computer Information Transactions Act (UCITA)Transactions Act (UCITA) EULAs are legally binding contractsEULAs are legally binding contracts Upheld by Virginia and Maryland State Upheld by Virginia and Maryland State

Supreme CourtsSupreme Courts11

Reverse Engineering:Reverse Engineering:New Method—System State New Method—System State

AnalysisAnalysis More and more reverse engineers turn to More and more reverse engineers turn to

System State analysis to produce productsSystem State analysis to produce products Linux team device driver creationLinux team device driver creation Network game integrators : ie BnetDNetwork game integrators : ie BnetD

Review files that log communications and Review files that log communications and system states in order to determine what system states in order to determine what a slight variation in input affects.a slight variation in input affects.

Bypasses EULA’s Anti-Disassembly Bypasses EULA’s Anti-Disassembly clauses.clauses.

EULA’s response: Broader TerminologyEULA’s response: Broader Terminology No Reverse Engineering… PERIOD!No Reverse Engineering… PERIOD!

Copyright InfringementCopyright Infringement

LegalityLegality Blizzard Entertainment owns several Blizzard Entertainment owns several

registered copyrights for all its gamesregistered copyrights for all its games Including (but not limited to) all graphics Including (but not limited to) all graphics

and text that appears on a users personal and text that appears on a users personal computer, and all sounds, audio and visual computer, and all sounds, audio and visual elements associated with the game. elements associated with the game.

Blizzard argues that BnetD infringes Blizzard argues that BnetD infringes upon these rights by providing means to upon these rights by providing means to go around their copyright.go around their copyright.

Copyright Infringement (Cont.)Copyright Infringement (Cont.)

Legality (Cont.)Legality (Cont.) Specifically, BnetD was sued for Specifically, BnetD was sued for

Copyright Infringement under the Copyright Infringement under the Copyright Act 501(a), as amended 17 Copyright Act 501(a), as amended 17 U.S.C. 101 U.S.C. 101 et seq.et seq.

They felt that BnetD violated all “fair They felt that BnetD violated all “fair use” practices.use” practices.

Copyright Infringement (Cont.)Copyright Infringement (Cont.)

Now, time for the EthicsNow, time for the Ethics QuestionsQuestions

Is it ethical for BnetD to provide a way to Is it ethical for BnetD to provide a way to play Blizzard’s copyrighted games without play Blizzard’s copyrighted games without valid authentication methods?valid authentication methods?

Is BnetD responsible for the users that play Is BnetD responsible for the users that play with pirated games even though BnetD with pirated games even though BnetD claims it’s main purpose is to provide a claims it’s main purpose is to provide a better environment for gamers?better environment for gamers?

What are the users ethical responsibilities What are the users ethical responsibilities when they play on a BnetD server with an when they play on a BnetD server with an illegal copy of the game?illegal copy of the game?

David v. GoliathDavid v. Goliath

Is it ethical for Blizzard to use its size Is it ethical for Blizzard to use its size to force Bnetd out?to force Bnetd out?

What would you do if you are put in What would you do if you are put in Blizzard position?Blizzard position?

Blizzard created the games… does Blizzard created the games… does that make it ethical to tell Bnetd to that make it ethical to tell Bnetd to leave when it wants to?leave when it wants to?

Social ImplicationsSocial Implications

Ruling for BlizzardRuling for Blizzard Drop in illegal copies of Blizzard Drop in illegal copies of Blizzard

softwaresoftware Gamers are forced to use battle.netGamers are forced to use battle.net Discourages any new projects aimed to Discourages any new projects aimed to

improve Closed Source softwareimprove Closed Source software Reverse EngineeringReverse Engineering

May hurt other projects that rely on similar May hurt other projects that rely on similar reverse engineering methods.reverse engineering methods.

Social Implications (cont.)Social Implications (cont.)

Ruling for BnetdRuling for Bnetd Inspire new Open Source projects Inspire new Open Source projects

working together with Closed Source working together with Closed Source softwaresoftware

May give a false sense of allowance of May give a false sense of allowance of Copyright Violation.Copyright Violation.

Bnetd may push the legal limits of Bnetd may push the legal limits of Copyright further.Copyright further.

More intrusion on Close Source softwareMore intrusion on Close Source software

BibliographyBibliography1.1. PC World: Have You Signed Away Today? PC World: Have You Signed Away Today?

http://www.pcworld.com/resource/printable/article/0,aid,52964,00.asphttp://www.pcworld.com/resource/printable/article/0,aid,52964,00.asp2.2. Company Profile, Blizzard Entertainment: Company Profile, Blizzard Entertainment:

http://http://www.blizzard.com/inblizz/profile.shtmlwww.blizzard.com/inblizz/profile.shtml//3.3. BnetD Project:BnetD Project:

http://http://www.bnetd.orgwww.bnetd.org//4.4. Developing the Battle.net Emulator, O’Reilly Network, May 9, 2002. Developing the Battle.net Emulator, O’Reilly Network, May 9, 2002.

http://www.onlamp.com/pub/a/onlamp/2002/05/09/bnetd.htmlhttp://www.onlamp.com/pub/a/onlamp/2002/05/09/bnetd.html5.5. Perkin’s Coie LLP, Importance of Trademarks:Perkin’s Coie LLP, Importance of Trademarks:

http://www.perkinscoie.com/resource/emerg/Emerg-09.htmhttp://www.perkinscoie.com/resource/emerg/Emerg-09.htm6.6. Battle.net Legal FAQ:Battle.net Legal FAQ:

http://http://www.battle.net/legalfaq.shtmlwww.battle.net/legalfaq.shtml7.7. United States Patent and Trademark OfficeUnited States Patent and Trademark Office

http://http://www.uspto.govwww.uspto.gov//8.8. Trademark.com Frequently Asked questions:Trademark.com Frequently Asked questions:

http://http://www.trademark.com/new_tmdocs/faq.htmlwww.trademark.com/new_tmdocs/faq.html9.9. Chilling Effects Clearing House, Reverse Engineering: Chilling Effects Clearing House, Reverse Engineering:

http://http://www.chillingeffects.orgwww.chillingeffects.org/reverse//reverse/10.10. W. W. Cohen, 1995: W. W. Cohen, 1995: Automated Software Engineering, Automated Software Engineering, 2: 107-129. 2: 107-129.

Inductive learning by example of annotated code. Inductive learning by example of annotated code. 11.11. Software Vendor Licensing Agreement, SVLA:Software Vendor Licensing Agreement, SVLA:

http://http://www.cexx.org/svla.htmwww.cexx.org/svla.htm12.12. U.S. Constitution, Article I, Section 8:U.S. Constitution, Article I, Section 8:

http://www.nara.gov/exhall/charters/constitution/constitution.htmlhttp://www.nara.gov/exhall/charters/constitution/constitution.html

Bibliography (Cont.)Bibliography (Cont.)13.13. DMCA Section 1201(f):DMCA Section 1201(f):

http://www.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.htmlhttp://www.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html14.14. DMCA Letter from Blizzard Entertainment to Internet Gateway:DMCA Letter from Blizzard Entertainment to Internet Gateway:

http://http://www.bnetd.org/dmca_letter.phpwww.bnetd.org/dmca_letter.php15.15. Electronic Frontier Foundation Letter to Blizzard:Electronic Frontier Foundation Letter to Blizzard:

http://www.bnetd.org/eff_blizzard_letter.phphttp://www.bnetd.org/eff_blizzard_letter.php16.16. The Truth About Piracy:The Truth About Piracy:

http://www.defacto2.net/scene-archive/files/web.pages/gameover.1/http://www.defacto2.net/scene-archive/files/web.pages/gameover.1/17.17. BnetD counter Notice:BnetD counter Notice:

http://www.bnetd.org/bnetdcounternotice_letter.phphttp://www.bnetd.org/bnetdcounternotice_letter.php18.18. Vivendi Letter to EFF, Internet Gateway Inc., bnetd.org:Vivendi Letter to EFF, Internet Gateway Inc., bnetd.org:

http://www.bnetd.org/pdf/VUGResponsetoEFF032102.pdfhttp://www.bnetd.org/pdf/VUGResponsetoEFF032102.pdf19.19. EFF DMCA 512 Counter Notice to Vivendi:EFF DMCA 512 Counter Notice to Vivendi:

http://www.bnetd.org/pdf/512LetterToVivendi.pdfhttp://www.bnetd.org/pdf/512LetterToVivendi.pdf20.20. EFF Letter to Blizzard about discussions on suggestions for piracy EFF Letter to Blizzard about discussions on suggestions for piracy

prevention in BNETD & Battle.net:prevention in BNETD & Battle.net:http://www.bnetd.org/pdf/Piracychecking.pdfhttp://www.bnetd.org/pdf/Piracychecking.pdf

21.21. Blizzard/Vivendi Complaint Filing: Lawsuit Against Internet Gateway Inc. & Blizzard/Vivendi Complaint Filing: Lawsuit Against Internet Gateway Inc. & Tim Jung:Tim Jung:

http://www.bnetd.org/pdf/complaint.pdfhttp://www.bnetd.org/pdf/complaint.pdf22.22. EFF Press Release: Blizzard Files Suit Against Internet Gateway Inc. & Tim EFF Press Release: Blizzard Files Suit Against Internet Gateway Inc. & Tim

Jung:Jung:http://www.bnetd.org/blizzard_sues.phphttp://www.bnetd.org/blizzard_sues.php

23.23. Blizzard/Vivendi Amends the Complaint:Blizzard/Vivendi Amends the Complaint:http://www.bnetd.org/pdf/FirstAmendedComplaint.pdfhttp://www.bnetd.org/pdf/FirstAmendedComplaint.pdf

Questions, Comments, Concerns, Questions, Comments, Concerns, or Complaints.or Complaints.

Legal StuffLegal Stuff

““Blizzard”, “Blizzard Entertainment”, Blizzard”, “Blizzard Entertainment”, “Battle.net”, “StarCraft”, “WarCraft”, “Battle.net”, “StarCraft”, “WarCraft”, “Diablo” and “BNET” are all registered “Diablo” and “BNET” are all registered Trademarks of Blizzard Entertainment, a Trademarks of Blizzard Entertainment, a division of Vivendi/Universal Entertainment.division of Vivendi/Universal Entertainment.

““BnetD”, “BnetD group”, “BnetD.org” and BnetD”, “BnetD group”, “BnetD.org” and “BneD Project” all refer to the current (as of “BneD Project” all refer to the current (as of June 6June 6thth, 2002) group behind the BnetD , 2002) group behind the BnetD project, whose url is www.bnetd.org, as well project, whose url is www.bnetd.org, as well as any software packages produced by the as any software packages produced by the BnetD Project as context implies.BnetD Project as context implies.