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

ERIKALUST Releases 'Dancing on My Own'

Tula Vida stars with Julia Roca in the latest release from ERIKALUST, titled “Dancing on My Own.”

Miss Teela Toplines Latest Volume of Angelo Godshack's 'Hardcore Gangbangs'

Miss Teela headlines the eighth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Hazel Moore, Elizabeth Skylar Topline Latest 'Student Teacher Relations' From Sweetheart Video

Hazel Moore and Elizabeth Skylar headline the third volume of “Student Teacher Relations” from Mile High Media studio imprint Sweetheart Video.

Cheerleader Kait Stars in Latest From Elegant Angel

Cheerleader Kait stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from Elegant Angel, titled “You Want It Deeper?”

Rachel Rampage Makes Her Jules Jordan Debut

Rachel Rampage has made her debut for Jules Jordan Video alongside Manuel Ferrara.

Zoey Uso, Demi Hawks & Skylar Snow Front Latest From Girlsway

Zoey Uso, Demi Hawks, and Skylar Snow star in the latest Girlsway release, titled “Perky and Perfect.”

Maddie Wren Makes Her Tushy Debut

Maddie Wren has made her debut for Vixen Media Group studio imprint Tushy, alongside reigning and three-time XMAs Male Performer of the Year Vince Karter.

Jade Venus Stars in Latest From Evil Angel

Jade Venus stars with Sage Roux in the latest scene from the Evil Angel series “Transsexual Angel.”

Jewelz Blu Stars in Latest From Family Strokes

Jewelz Blu stars with Aila Donovan and Troy Francisco in the latest release from Family Strokes.

Octavia Red Stars in 'Octavia Loves Girls' From Elegant Angel

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in the Claudia Ross-helmed Elegant Angel showcase "Octavia Loves Girls."

Show More