Sonnenschein Successfully Defends Vivendi Universal Games and its Blizzard Subsidiary in Appeal of Landmark Anti-Piracy Decision

September 1, 2005

On September 1, 2005, the 8th Circuit Court of Appeals issued an opinion affirming a landmark anti-piracy decision under the Digital Millennium Copyright Act on behalf of Sonnenschein client Vivendi Universal Games and its Blizzard Entertainment subsidiary. 

The case concerns Blizzard’s online gaming service called Battle.net, which provides an interactive, multi-player online gaming environment.  The defendants, through the “bnetd project”, created an unauthorized, rogue server program and engaged in widespread trafficking of the program, allowing gamers to circumvent Blizzard’s security measures and play pirated copies of Blizzard games on servers other than Battle.net.

Previously, the District Court for the Eastern District of Missouri found that the defendants’ actions violated Blizzard’s end-user license and terms of use, and circumvented its copyright protection measures in violation of the Digital Millennium Copyright Act.  This is one of the few decisions based on the anti-circumvention provisions of the DMCA, and the first to address online games. 

Blizzard’s victory is highly significant for gaming and other online entertainment companies, as it underscores both the Digital Millennium Copyright Act’s vital role in reinforcing anti-piracy protections, and the rights of content providers to restrict use of copyrighted content through licenses and contracts.

Partners Carol Anne Been and Stephen H. Rovak led the Sonnenschein trial team.  Davidson & Associates dba Blizzard Entertainment, Inc. v. Internet Gateway, 422 F.3d 630 (8th Cir. 2005).