Game Enhancers Head Back to Court

ST. LOUIS, Mo. – Three software developers who reverse-engineered a video game to allow players more character options have been sued under the Digital Millennium Copyright Act.

The creators of the BnetD server are accused of taking a part of Blizzard’s BattleNet game and retrofitting it to give online gamers more playing options. In doing so, the developers violated the DMCA and Blizzard’s end user license agreement, or EULA, a lower court ruled.

On June 20, the 8th U.S. Circuit Court of Appeals will begin hearing oral arguments in Blizzard vs. BnetD. The developers are being represented by San Francisco’s Electronic Frontier Foundation, a nonprofit group founded in 1990 “to protect individual freedom where law and technology collide.” EFF is representing the developers pro bono.

Blizzard, a division of Vivendi Universal, originally filed suit against BnetD developer Tim Jung and his partners in 2002. EFF noted at the time that Blizzard was suing its own customers, as the BnetD server was only available to licensed Blizzard users.

The BnetD server was shut down at Blizzard's demand in February 2002.

Last month a Minnesota judge dismissed similar charges against hackers’ site Ninjahacker. Ninjahacker members had reverse-engineered Tecmo’s “Dead or Alive Xtreme Beach Volleyball” with an Xbox “modchip” to make the characters appear nude. The Ninjahacker participants also were licensed owners of Tecmo’s game.

“Since the Tecmo case was dismissed, it did not create a precedent for us to stand on,” EFF analyst Annalee Newitz told XBiz. “But we can point to a Lexmark case in which a judge ruled that Lexmark could not prevent an aftermarket printer cartridge company from manufacturing a Lexmark compatible cartridge.”

The judge in the Lexmark case ruled that the aftermarket cartridge manufacturer had not “circumvented” Lexmark’s license agreement by disabling the “software handshake” that identified Lexmark cartridges to Lexmark printers. Newitz said that Lexmark reserved the right to not support the aftermarket cartridges, but couldn’t prevent their use in their printers.

Accordingly, EFF believes that the BnetD developers did not circumvent Blizzard’s EULA.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2026 XMA Creator Awards Pre-Noms Open With 10 New Categories

XMA event organizers have announced that the pre-nomination period for the XMA Creator Awards is now officially open.

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a scene from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Victor Ray in the latest release from Brazzers, titled "BuZZed and Boned."

Ariel Demure, Lulu Chu Star in New Transfixed Release

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Lulu Chu in the latest release from Transfixed, titled "A Matter of Principal."

Elizabeth Skylar, Isa Bella Topline 'Tempted by the Babysitter' From Sweetheart Video

Elizabeth Skylar and Isa Bella headline “Tempted by the Babysitter” from Mile High Media studio imprint Sweetheart Video.

Kira McKay Makes Her WIFEY Debut

Kira McKay stars with her husband Jerome and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Calita Fire Toplines 'Swingers Resort' From Private

Calita Fire headlines the latest release from Private, titled “Swingers Resort.”

Octavia Red, Vince Karter Star in Latest From Elegant Angel

Recent XMA winners Octavia Red and Vince Karter star in the latest release from Elegant Angel, titled "Octavia Red Demure in Paris."

Show More