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gaiaonline-gold.htm
In his opinion, Judge Campbell in Buy WOW GOLD, World of Warcraft Gold, Cheap WOW Gold - World of Warcraft - US World of Warcraft - EU Ever Quest2 Lineage 2 Star Wars Galaxies Final Fantasy Arizona wrote: "Although the Court appreciates these policy arguments and has benefitted from their excellent presentation,
the Court is not a policy-making body. The Court's obligation is to apply the law, particularly the law of the Ninth Circuit... No matter how persuasive arguments might be for positions contrary to Ninth Circuit law, this Court is not free to depart from that law."
In October 2006, Blizzard representatives visited Donnelly and asked him to stop distributing his software. He replied later that day with a lawsuit asking the judge to rule that Glider was perfectly legal; Blizzard then filed a countersuit alleging copyright, trademark, and DMCA infringement.
Neither side prevailed entirely in this round. Blizzard won summary judgment in its copyright claims; Donnelly won summary judgment on part of the DMCA claim. The rest will be resolved later, meaning the case continues until there's a settlement--or a trial and eventual verdict.
The Court reaches the following conclusions on the basis of undisputed facts, construction of the EULA and TOU, and controlling Ninth Circuit law: Blizzard owns a valid copyright in the game client software, Blizzard has granted a limited license for WoW players to use the software,
use of the software with Glider falls outside the scope of the license established in section 4 of the TOU, use of Glider includes copying to RAM within the meaning of section 106 of the Copyright Act, users of WoW and Glider are not entitled to a section 117 defense, and Glider users therefore infringe Blizzard's copyright.
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