Blizzard, creator and seller of such popular computer games as “StarCraft,” “StarCraft: Brood War,” “WarCraft II: Battle.net edition,” “Diablo,” and “Diablo II: Lord of Destruction,” sued two individual defendants who are computer programmers, and a systems administrator, for releasing BNetD servers, which allow Blizzard’s games to be played in multiplayer mode over the internet. Blizzard contended, inter alia, that defendants, who admitted reverse engineering Blizzard’s software, infringed Blizzard’s copyrights in their own software and server, Battle.net, circumvented Blizzard’s copyright protection technology, engaged in trafficking circumvention technology, and breached Blizzard’s EULAs and TOU.
On September 30, 2004, The United States District Court for the Eastern District of Missouri, Eastern Division, in Davidson & Associates, Inc., et al., v. Internet Gateway, et al., Case No. 4:02-CV-498 CAS, granted plaintiffs’ motion for summary judgment on their claims for circumvention of copyright protection systems and trafficking in circumvention technology under 17 U.S.C. § 1201(a), and breach of Blizzard’s EULAs and TOU. Additionally, the Court denied defendants’ motion for summary judgment on their claims for declaratory relief for non-circumvention and unenforceability of contract.