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MDY Industries, LLC v. Blizzard Entertainment, Inc.
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MDY Industries, LLC v. Blizzard Entertainment, Inc. : ウィキペディア英語版
MDY Industries, LLC v. Blizzard Entertainment, Inc.

''MDY Industries, LLC v. Blizzard Entertainment, Inc and Vivendi Games, Inc.'', No. 05-2555, 2008 U.S. Dist. LEXIS 53988, 2008 WL 2757357 (D. Ariz. Jul. 14, 2008), is a lawsuit filed in the U.S. District Court for the District of Arizona. At the district court level, MDY was found liable under theories of copyright and tort law for selling software that contributed to the breach of Blizzard's End User License Agreement (EULA) and Terms of Use (TOU) governing the World of Warcraft software.〔MDY Industries, LLC v. Blizzard Entertainment, Inc, (Order ) (D. Ariz. Jul. 14, 2008).〕
The court's ruling was appealed to the United States Court of Appeals for the Ninth Circuit, which reversed the district court in part, upheld in part, and remanded for further proceedings. The Court of Appeals ruled that for a software licensee's violation of a contract to constitute copyright infringement, there must be a nexus between the license condition and the licensor’s exclusive rights of copyright. However, the court also ruled, contrary to ''Chamberlain v. Skylink'', that a finding of circumvention under the Digital Millennium Copyright Act does not require a nexus between circumvention and actual copyright infringement.
==Background Information==
Blizzard Entertainment created and operates a popular online world game known as World of Warcraft (WoW). WoW is a massively multiplayer online role-playing game, in which players control characters and complete a variety of tasks, such as exploring the landscape and performing quests. As players continue to play and succeed in their tasks, their characters gain various talents and skills.
Michael Donnelly, the founder of MDY Industries, LLC, created a software bot called Glider to play WoW for its users. Thus, Glider users were able to advance their WoW characters unattended.
MDY sought a declaratory judgment that the Glider program did not infringe upon rights owned by Blizzard. Blizzard contended in a counterclaim and a third-party complaint the following seven claims:
*tortious interference with contract
*contributory copyright infringement
*vicarious copyright infringement
*violation of the Digital Millennium Copyright Act (DMCA)
*trademark infringement
*unfair competition
*unjust enrichment

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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