Last week the US Ninth Circuit Court of Appeals released its decision in the MDY INDUSTRIES, LLC v BLIZZARD ENTERTAINMENT, INC case.
The case involved Blizzard, the creator of World of Warcraft (“WoW”), a popular multiplayer online role-playing game in which players interact in a virtual world while advancing through the game’s 70 levels. MDY developed and sold Glider, a software program that automatically plays the early levels of WoW for players. MDY had brought an action for a declaratory judgment to establish that its Glider sales did not infringe Blizzard’s copyright or other rights. Blizzard asserted counterclaims for copyright infringement, violation of the DMCA’s TPM provisions, and tortious interference with contract. The district court found MDY liable for secondary copyright infringement, violations of the DMCA and tortious interference with contract. The Ninth Circuit reversed the district court except as to MDY’s liability for violation of the DMCA and remanded for trial on Blizzard’s claim for tortious interference with contract.