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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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June 20, 2005

Report on Oral Argument in Blizzard v. BNETD Case

Posted by Ernest Miller

Earlier today I spoke about the coming oral argument in Blizzard v. BNETD before the Eighth Circuit regarding EULA and DMCA issues (Oral Arguments in Blizzard v. BNETD). Well, we have our initial report on how it went from EFF (Upholding the Legality of Reverse Engineering). It sounds as if it didn't go as well as one would have hoped, but not entirely negative either:

"The judges were struggling with the right questions," said Schultz [EFF staff attorney]. "They're trying to balance copyright interests with the right to reverse engineer. They clearly recognized the public interest in reverse engineering, but they admitted this would be a hard case to decide."
Now we just wait and hope the judges understand the importance of the "Freedom to Tinker". via Copyfight

UPDATE 1835PT
Groklaw has a more indepth report (Reports from the Blizzard v. BnetD Hearing).

The gist of his [Blizzard's representative] presentation was "Piracy, Piracy, Piracy". Through the emphasis in his voice, and the timing of his words, he wanted this court to understand that this was all about stealing. This was about the Defendant/Appellants taking something that did not belong to them. The overall sense of it was that he was trying to scare the judges and paint the Defendants/Appellants as being in the same group as the hackers and scam artists taking over people's machines with viruses and worms. He pointedly observed that Defendants/Appellants had used fifty icons from the Plaintiff/Respondents server application to make their own product.
Of course. It's always piracy, piracy, piracy. If you listened to the copyright holders, anything of which they don't approve is theft.

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