SlideShare a Scribd company logo
1 of 12
MDY Industries vs. Blizzard LLC The case and how it applies to VXGaming LLC
VXGaming Background Software development company that plans to develop a gaming system where players can play game tournaments from home with cash prizes Profits by charging a 10% commission on each game played The more players, the more profit
Hackers / Cheaters AIM-Bots Wall hacking Modified player models Ruins the credibility of the company Accounting nightmare of refunding players Tolerating any sort of cheating will destroy the business The Issue
Blizzard Entertainment has been dealing with similar issues in World of Warcraft People run “bots” [programs that play the game for them by itself] in order to gain in-game currency that they can sell for real money Have been fairly successful in shutting down people creating unauthorized 3rd party software for WoW through Cease and Desist letters I’m not the only one
Warden is World of Warcraft’s anti-cheat mechanism Operates by scanning the memory of a computer for known signatures of unauthorized software [similar to what a virus scanner does] Prevents the player from running WoW if unauthorized software is found and reports the account to Blizzard so they can suspend/ban the player Terms of Use state that it is illegal for players to run 3rd party programs that modify the behavior of the game. Warden and ToU
Creator of WoWGlider, a popular bot for World of Warcraft Allows the player to level up and acquire items while being away from their computer Michael Donnelly is the one and only employee of MDY Industries MDY Industries LLC
Blizzard’s attorneys show up at Michael Donnelly’s door and serve him with a Cease and Desist, where he has to immediately stop distribution of WoWGlider and hand over all profits Michael Donnelly refuses to stop distributing WoWGlider Mr. Donnelly proceeds to the court house and files a civil case against Blizzard in order to get a declaratory judgement that it is not infringing any rights, copyright, or otherwise owned by Blizzard Entertainment  The Case
Tortious Interference with Contract Contributory Copyright Infringement Vicarious Copyright Infringement Violation of the Digital Millennium Copyright Act Trademark Infringement Unfair Competition Unjust Enrichment Alleges that MDY Industries is the alter ego of Michael Donnelly The Counter Claim
Blizzard argues that ‘Warden’ is a copyright protection device because it prevents the game executable from being launched when unauthorized software is detected WoWGlider circumvents ‘Warden’ Blizzard has copyrighted the code for their game client Blizzard argues that because ‘Warden’ is circumventing the copy of the game from the hard drive into RAM [Random Access Memory] is an unauthorized copy Copying a program into RAM is something that happens no matter what application you launch as it is the way the operating system is designed The Trick
Michael Donnelly found GUILTY of counts I, II and III [Tortious Interference with Contract, Contributory Copyright Infringement, Violation of the DMCA] Personally held liable for $6,500,000 in damages to Blizzard If he is successfully in appealing any one, or two of the counts in Appellate Court, then the remaining count will cover the entire $6.5 million The Judgment
Copyright the code Add in Terms of Use that the user is not allowed to modify the software in any way Bundle the software with a ‘copyright protection device’ This will give me the ability to go after cheaters legally by using the Blizzard case as a precedent How do I apply it to my business?
Questions or comments? Thank You

More Related Content

Viewers also liked

Sse strategy blizzard_2011
Sse strategy blizzard_2011Sse strategy blizzard_2011
Sse strategy blizzard_2011
emelielev
 
World of Warcraft Computers in Libraries 2010
World of Warcraft Computers in Libraries 2010World of Warcraft Computers in Libraries 2010
World of Warcraft Computers in Libraries 2010
David Lisa
 
Blizzard Entertainment Presentation
Blizzard Entertainment PresentationBlizzard Entertainment Presentation
Blizzard Entertainment Presentation
acetoky
 

Viewers also liked (13)

Blizzard
BlizzardBlizzard
Blizzard
 
Sse strategy blizzard_2011
Sse strategy blizzard_2011Sse strategy blizzard_2011
Sse strategy blizzard_2011
 
Blizzard1
Blizzard1Blizzard1
Blizzard1
 
World of Warcraft Computers in Libraries 2010
World of Warcraft Computers in Libraries 2010World of Warcraft Computers in Libraries 2010
World of Warcraft Computers in Libraries 2010
 
Put do virtuelne realnosti
Put do virtuelne realnostiPut do virtuelne realnosti
Put do virtuelne realnosti
 
The Influence of Revenue Models on Game Design - ICA2013
The Influence of Revenue  Models on Game Design - ICA2013The Influence of Revenue  Models on Game Design - ICA2013
The Influence of Revenue Models on Game Design - ICA2013
 
Breaking down the World of Warcraft Terms of Use Agreement
Breaking down the World of Warcraft Terms of Use Agreement Breaking down the World of Warcraft Terms of Use Agreement
Breaking down the World of Warcraft Terms of Use Agreement
 
my blizzard presentation
my blizzard presentationmy blizzard presentation
my blizzard presentation
 
Presentation cst
Presentation cstPresentation cst
Presentation cst
 
Blizzard - Digital Branding
Blizzard - Digital BrandingBlizzard - Digital Branding
Blizzard - Digital Branding
 
Blizzard Entertainment Presentation
Blizzard Entertainment PresentationBlizzard Entertainment Presentation
Blizzard Entertainment Presentation
 
Swot Analyse for Rent a Car company
Swot Analyse for Rent a Car companySwot Analyse for Rent a Car company
Swot Analyse for Rent a Car company
 
Crm Enterprise Rent A Car Case Study
Crm Enterprise Rent A Car Case StudyCrm Enterprise Rent A Car Case Study
Crm Enterprise Rent A Car Case Study
 

Similar to MDY Industries vs Blizzard Inc Case Analysis

You think you are safe online. Are You?
You think you are safe online. Are You?You think you are safe online. Are You?
You think you are safe online. Are You?
TechGenie
 
Understand the importance of getting only genuine software
Understand the importance of getting only genuine softwareUnderstand the importance of getting only genuine software
Understand the importance of getting only genuine software
Jonathan Min
 
L3 gd contractual_061111_01
L3 gd contractual_061111_01L3 gd contractual_061111_01
L3 gd contractual_061111_01
Jason
 

Similar to MDY Industries vs Blizzard Inc Case Analysis (20)

Vgl13 t5
Vgl13 t5Vgl13 t5
Vgl13 t5
 
Developers vs Cybercriminals: Protecting your MMO from online crime
Developers vs Cybercriminals: Protecting your MMO from online crimeDevelopers vs Cybercriminals: Protecting your MMO from online crime
Developers vs Cybercriminals: Protecting your MMO from online crime
 
Fbi virus removal isupport365
Fbi virus removal   isupport365Fbi virus removal   isupport365
Fbi virus removal isupport365
 
ITSolutions|Currie Network Security Seminar
ITSolutions|Currie Network Security SeminarITSolutions|Currie Network Security Seminar
ITSolutions|Currie Network Security Seminar
 
En game hacking
En game hackingEn game hacking
En game hacking
 
You think you are safe online. Are You?
You think you are safe online. Are You?You think you are safe online. Are You?
You think you are safe online. Are You?
 
Eula
EulaEula
Eula
 
Боремся с читингом в онлайн-играх
Боремся с читингом в онлайн-играхБоремся с читингом в онлайн-играх
Боремся с читингом в онлайн-играх
 
Understand the importance of getting only genuine software
Understand the importance of getting only genuine softwareUnderstand the importance of getting only genuine software
Understand the importance of getting only genuine software
 
Ransomware
RansomwareRansomware
Ransomware
 
Does a device needs a lawyer?
Does a device needs a lawyer? Does a device needs a lawyer?
Does a device needs a lawyer?
 
L3 gd contractual_061111_01
L3 gd contractual_061111_01L3 gd contractual_061111_01
L3 gd contractual_061111_01
 
The Complete Guide to Ransomware Protection for SMBs
The Complete Guide to Ransomware Protection for SMBsThe Complete Guide to Ransomware Protection for SMBs
The Complete Guide to Ransomware Protection for SMBs
 
Software piracy
Software piracySoftware piracy
Software piracy
 
TheGRID
TheGRIDTheGRID
TheGRID
 
Cyber attacks
Cyber attacksCyber attacks
Cyber attacks
 
Windows defender email scam
Windows defender email scamWindows defender email scam
Windows defender email scam
 
Cyber crime & security
Cyber crime & securityCyber crime & security
Cyber crime & security
 
2_2 DangersComputerCrime.pptx
2_2 DangersComputerCrime.pptx2_2 DangersComputerCrime.pptx
2_2 DangersComputerCrime.pptx
 
Contactual
ContactualContactual
Contactual
 

Recently uploaded

week 3 questions and answers.phhhhhhhhhhptx
week 3 questions and answers.phhhhhhhhhhptxweek 3 questions and answers.phhhhhhhhhhptx
week 3 questions and answers.phhhhhhhhhhptx
joshuaclack73
 
成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书
成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书
成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书
ytuknae
 
Title Unlocking Imagination The Importance of Toca Boca for Kids.pdf
Title Unlocking Imagination The Importance of Toca Boca for Kids.pdfTitle Unlocking Imagination The Importance of Toca Boca for Kids.pdf
Title Unlocking Imagination The Importance of Toca Boca for Kids.pdf
Toca boca
 

Recently uploaded (20)

WHO KILLED ALASKA? #15: "5½ STORIES Part Two" Transcript .pdf
WHO KILLED ALASKA? #15: "5½ STORIES Part Two" Transcript .pdfWHO KILLED ALASKA? #15: "5½ STORIES Part Two" Transcript .pdf
WHO KILLED ALASKA? #15: "5½ STORIES Part Two" Transcript .pdf
 
Vibration Control.pptxjjjjjjjjjjjjjjjjjjjjj
Vibration Control.pptxjjjjjjjjjjjjjjjjjjjjjVibration Control.pptxjjjjjjjjjjjjjjjjjjjjj
Vibration Control.pptxjjjjjjjjjjjjjjjjjjjjj
 
WHO KILLED ALASKA? #17: Mirror Memoria - "OFFICER" TRANSCRIPT.pdf
WHO KILLED ALASKA? #17: Mirror Memoria - "OFFICER" TRANSCRIPT.pdfWHO KILLED ALASKA? #17: Mirror Memoria - "OFFICER" TRANSCRIPT.pdf
WHO KILLED ALASKA? #17: Mirror Memoria - "OFFICER" TRANSCRIPT.pdf
 
Your Budget Call Girls in Purnia { 6297126446 } ❤️VVIP NISHA Call Girls Near ...
Your Budget Call Girls in Purnia { 6297126446 } ❤️VVIP NISHA Call Girls Near ...Your Budget Call Girls in Purnia { 6297126446 } ❤️VVIP NISHA Call Girls Near ...
Your Budget Call Girls in Purnia { 6297126446 } ❤️VVIP NISHA Call Girls Near ...
 
Codes and conventions of film magazines.pptx
Codes and conventions of film magazines.pptxCodes and conventions of film magazines.pptx
Codes and conventions of film magazines.pptx
 
Local Call Girls in Saharsa ➡️ 6297126446 HOT & SEXY Models beautiful and cha...
Local Call Girls in Saharsa ➡️ 6297126446 HOT & SEXY Models beautiful and cha...Local Call Girls in Saharsa ➡️ 6297126446 HOT & SEXY Models beautiful and cha...
Local Call Girls in Saharsa ➡️ 6297126446 HOT & SEXY Models beautiful and cha...
 
week 3 questions and answers.phhhhhhhhhhptx
week 3 questions and answers.phhhhhhhhhhptxweek 3 questions and answers.phhhhhhhhhhptx
week 3 questions and answers.phhhhhhhhhhptx
 
Smart-Dustbin-Using-EEEEEEESP32 (1).pptx
Smart-Dustbin-Using-EEEEEEESP32 (1).pptxSmart-Dustbin-Using-EEEEEEESP32 (1).pptx
Smart-Dustbin-Using-EEEEEEESP32 (1).pptx
 
The most insightful Call Girls Sitamarhi ➡️ 6297126446 HOT & SEXY Models beau...
The most insightful Call Girls Sitamarhi ➡️ 6297126446 HOT & SEXY Models beau...The most insightful Call Girls Sitamarhi ➡️ 6297126446 HOT & SEXY Models beau...
The most insightful Call Girls Sitamarhi ➡️ 6297126446 HOT & SEXY Models beau...
 
成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书
成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书
成绩单不见怎么办:买宾州州立大学毕业证成绩单学历证书
 
Lesbian ℂall Girls Navi Mumbai Hire Me Neha 9910780858 Top Class ℂall Girl Se...
Lesbian ℂall Girls Navi Mumbai Hire Me Neha 9910780858 Top Class ℂall Girl Se...Lesbian ℂall Girls Navi Mumbai Hire Me Neha 9910780858 Top Class ℂall Girl Se...
Lesbian ℂall Girls Navi Mumbai Hire Me Neha 9910780858 Top Class ℂall Girl Se...
 
Dune part two.docx this is dune part two
Dune part two.docx this is dune part twoDune part two.docx this is dune part two
Dune part two.docx this is dune part two
 
Unlimited Short Call Girls in Saran ☎ 6297126446 ✅ ust Genuine Escort Model S...
Unlimited Short Call Girls in Saran ☎ 6297126446 ✅ ust Genuine Escort Model S...Unlimited Short Call Girls in Saran ☎ 6297126446 ✅ ust Genuine Escort Model S...
Unlimited Short Call Girls in Saran ☎ 6297126446 ✅ ust Genuine Escort Model S...
 
Call Girl Service in Sheohar 📲🔝 6297126446 🔝Call Girls Advance Cash On Delive...
Call Girl Service in Sheohar 📲🔝 6297126446 🔝Call Girls Advance Cash On Delive...Call Girl Service in Sheohar 📲🔝 6297126446 🔝Call Girls Advance Cash On Delive...
Call Girl Service in Sheohar 📲🔝 6297126446 🔝Call Girls Advance Cash On Delive...
 
NO1 Pakistan kala jadu Specialist Expert in Quetta, Gujranwala, muzaffarabad,...
NO1 Pakistan kala jadu Specialist Expert in Quetta, Gujranwala, muzaffarabad,...NO1 Pakistan kala jadu Specialist Expert in Quetta, Gujranwala, muzaffarabad,...
NO1 Pakistan kala jadu Specialist Expert in Quetta, Gujranwala, muzaffarabad,...
 
WHO KILLED ALASKA? #18: Mirror Memoria - "TATTOO" TRANSCRIPT.pdf
WHO KILLED ALASKA? #18: Mirror Memoria - "TATTOO" TRANSCRIPT.pdfWHO KILLED ALASKA? #18: Mirror Memoria - "TATTOO" TRANSCRIPT.pdf
WHO KILLED ALASKA? #18: Mirror Memoria - "TATTOO" TRANSCRIPT.pdf
 
Title Unlocking Imagination The Importance of Toca Boca for Kids.pdf
Title Unlocking Imagination The Importance of Toca Boca for Kids.pdfTitle Unlocking Imagination The Importance of Toca Boca for Kids.pdf
Title Unlocking Imagination The Importance of Toca Boca for Kids.pdf
 
the red riding girl story fkjgoifdjgijogifdoin
the red riding girl story fkjgoifdjgijogifdointhe red riding girl story fkjgoifdjgijogifdoin
the red riding girl story fkjgoifdjgijogifdoin
 
VIP/Call/Girls Nandi Hills 6378878445 Hours Service Available Day and Night
VIP/Call/Girls Nandi Hills 6378878445 Hours Service Available Day and NightVIP/Call/Girls Nandi Hills 6378878445 Hours Service Available Day and Night
VIP/Call/Girls Nandi Hills 6378878445 Hours Service Available Day and Night
 
Best Call Girls in Sheikhpura { 6297126446 } ❤️VVIP NISHA Call Girls Near 5 S...
Best Call Girls in Sheikhpura { 6297126446 } ❤️VVIP NISHA Call Girls Near 5 S...Best Call Girls in Sheikhpura { 6297126446 } ❤️VVIP NISHA Call Girls Near 5 S...
Best Call Girls in Sheikhpura { 6297126446 } ❤️VVIP NISHA Call Girls Near 5 S...
 

MDY Industries vs Blizzard Inc Case Analysis

  • 1. MDY Industries vs. Blizzard LLC The case and how it applies to VXGaming LLC
  • 2. VXGaming Background Software development company that plans to develop a gaming system where players can play game tournaments from home with cash prizes Profits by charging a 10% commission on each game played The more players, the more profit
  • 3. Hackers / Cheaters AIM-Bots Wall hacking Modified player models Ruins the credibility of the company Accounting nightmare of refunding players Tolerating any sort of cheating will destroy the business The Issue
  • 4. Blizzard Entertainment has been dealing with similar issues in World of Warcraft People run “bots” [programs that play the game for them by itself] in order to gain in-game currency that they can sell for real money Have been fairly successful in shutting down people creating unauthorized 3rd party software for WoW through Cease and Desist letters I’m not the only one
  • 5. Warden is World of Warcraft’s anti-cheat mechanism Operates by scanning the memory of a computer for known signatures of unauthorized software [similar to what a virus scanner does] Prevents the player from running WoW if unauthorized software is found and reports the account to Blizzard so they can suspend/ban the player Terms of Use state that it is illegal for players to run 3rd party programs that modify the behavior of the game. Warden and ToU
  • 6. Creator of WoWGlider, a popular bot for World of Warcraft Allows the player to level up and acquire items while being away from their computer Michael Donnelly is the one and only employee of MDY Industries MDY Industries LLC
  • 7. Blizzard’s attorneys show up at Michael Donnelly’s door and serve him with a Cease and Desist, where he has to immediately stop distribution of WoWGlider and hand over all profits Michael Donnelly refuses to stop distributing WoWGlider Mr. Donnelly proceeds to the court house and files a civil case against Blizzard in order to get a declaratory judgement that it is not infringing any rights, copyright, or otherwise owned by Blizzard Entertainment The Case
  • 8. Tortious Interference with Contract Contributory Copyright Infringement Vicarious Copyright Infringement Violation of the Digital Millennium Copyright Act Trademark Infringement Unfair Competition Unjust Enrichment Alleges that MDY Industries is the alter ego of Michael Donnelly The Counter Claim
  • 9. Blizzard argues that ‘Warden’ is a copyright protection device because it prevents the game executable from being launched when unauthorized software is detected WoWGlider circumvents ‘Warden’ Blizzard has copyrighted the code for their game client Blizzard argues that because ‘Warden’ is circumventing the copy of the game from the hard drive into RAM [Random Access Memory] is an unauthorized copy Copying a program into RAM is something that happens no matter what application you launch as it is the way the operating system is designed The Trick
  • 10. Michael Donnelly found GUILTY of counts I, II and III [Tortious Interference with Contract, Contributory Copyright Infringement, Violation of the DMCA] Personally held liable for $6,500,000 in damages to Blizzard If he is successfully in appealing any one, or two of the counts in Appellate Court, then the remaining count will cover the entire $6.5 million The Judgment
  • 11. Copyright the code Add in Terms of Use that the user is not allowed to modify the software in any way Bundle the software with a ‘copyright protection device’ This will give me the ability to go after cheaters legally by using the Blizzard case as a precedent How do I apply it to my business?