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bnetd is a communication app that enables users of the online game
StarCraft ''StarCraft'' is a military science fiction media franchise created by Chris Metzen and James Phinney and owned by Blizzard Entertainment. The series, set in the beginning of the 26th century, centers on a galactic struggle for dominance am ...
(and StarCraft: Brood War) released on March 31, 1998 to connect and chat together. Bnetd was released on April 28, 1998 under the name ''StarHack'' and provided near-complete
emulation Emulation may refer to: *Emulation (computing), imitation of behavior of a computer or other electronic system with the help of another type of system :*Video game console emulator, software which emulates video game consoles *Gaussian process em ...
of the original online multiplayer gaming service network. This was accomplished through
reverse engineering Reverse engineering (also known as backwards engineering or back engineering) is a process or method through which one attempts to understand through deductive reasoning how a previously made device, process, system, or piece of software accompli ...
of the corporate
Blizzard Entertainment Blizzard Entertainment, Inc. is an American video game developer and publisher based in Irvine, California. A subsidiary of Activision Blizzard, the company was founded on February 8, 1991, under the name Silicon & Synapse, Inc. by three graduat ...
's
Battle.net Battle.net is an Internet-based online game, social networking service, digital distribution, and digital rights management platform developed by Blizzard Entertainment. The service was launched on December 31, 1996, followed a few days later ...
. Due to a lawsuit in 2002, United States that Blizzard won against bnetd's original developers, they no longer maintain or host bnetd.


Background

The online game
StarCraft ''StarCraft'' is a military science fiction media franchise created by Chris Metzen and James Phinney and owned by Blizzard Entertainment. The series, set in the beginning of the 26th century, centers on a galactic struggle for dominance am ...
was released on March 31, 1998, and required the online multiplayer gaming service network
Battle.net Battle.net is an Internet-based online game, social networking service, digital distribution, and digital rights management platform developed by Blizzard Entertainment. The service was launched on December 31, 1996, followed a few days later ...
. The near-complete
emulation Emulation may refer to: *Emulation (computing), imitation of behavior of a computer or other electronic system with the help of another type of system :*Video game console emulator, software which emulates video game consoles *Gaussian process em ...
of this network was released with the first version of bnetd on April 28, 1998 by Mark Baysinger, who at the time was a student at
UC San Diego The University of California, San Diego (UC San Diego or colloquially, UCSD) is a public university, public Land-grant university, land-grant research university in San Diego, California. Established in 1960 near the pre-existing Scripps Insti ...
, under the name ''StarHack'' because it was originally meant for StarCraft to connect and chat together. On April 29, 1998, Baysinger received a cease-and-desist letter from the
Software Publishers Association The Software and Information Industry Association (SIIA) is a trade association dedicated to the entertainment, consumer and business software industries. Established in 1984 as the Software Publishers Association (SPA), the SIIA took its new na ...
who threatened to file a lawsuit unless three demands were met within three days. In response to the email, Baysinger requested for the
Software Publishers Association The Software and Information Industry Association (SIIA) is a trade association dedicated to the entertainment, consumer and business software industries. Established in 1984 as the Software Publishers Association (SPA), the SIIA took its new na ...
to wait until May 7, 1998 to allow Baysinger time for legal advice which was granted. On May 7, 1998, Baysinger directly addressed to the three demands but received no further communication from the
Software Publishers Association The Software and Information Industry Association (SIIA) is a trade association dedicated to the entertainment, consumer and business software industries. Established in 1984 as the Software Publishers Association (SPA), the SIIA took its new na ...
. Due to time limitations, Baysinger abandoned the project in December 1998. However, because the project was open sourced under the
GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the Four Freedoms (Free software), four freedoms to run, study, share, and modify the software. The license was th ...
, the project was continued by a group of volunteers and as Blizzard released more games, the project was renamed to bnetd.


CD key non-interoperability

Blizzard games are packaged with unique codes. CD keys are entered, but not verified, during the installation process. Connection to battle.net is permitted only with a valid and unique key. Individual keys are regularly disabled by battle.net administrators to block suspected cheaters from battle.net. Players with invalid or disabled keys remain able to play independently of battle.net, such as in single-player mode, or through a direct connection to another player. Blizzard, citing security and piracy concerns on their webpage about emulation, does not allow battle.net to interoperate with bnetd servers to verify CD keys. Because of this, bnetd servers do not implement battle.net's validation. This allows players to access full multiplayer functionality of Battle.net capable games without a valid CD key, by connecting to a bnetd server.


Blizzard takedown demand and lawsuit

In February 2002, Blizzard filed a
DMCA safe harbor The Online Copyright Infringement Liability Limitation Act (OCILLA) is United States federal law that creates a conditional 'safe harbor' for online service providers (OSP) (a group which includes internet service providers (ISP) and other Inter ...
takedown demand against bnetd with their
Internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
(ISP). Blizzard subsequently filed suit against the developers of bnetd and their ISP, Internet Gateway, in the
United States District Court for the Eastern District of Missouri The United States District Court for the Eastern District of Missouri (in case citations, E.D. Mo.) is a trial level federal district court based in St. Louis, Missouri, with jurisdiction over fifty counties in the eastern half of Missouri. Th ...
. The lawsuit alleged copyright infringement,
trademark infringement Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may o ...
, and violations of their games'
End User License Agreement An end-user license agreement or EULA () is a legal contract between a software supplier and a customer or end-user, generally made available to the customer via a retailer acting as an intermediary. A EULA specifies in detail the rights and restr ...
(sometimes referred to as a
clickwrap A clickwrap or clickthrough agreement is a prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policies, terms of service and other user policies, as well as copyright policies commonly employ t ...
license) and DMCA
anti-circumvention Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 ...
prohibitions, in what would become an important test case for portions of that law. The
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
mounted a defense, in which defendants denied copying any portion of battle.net or Blizzard games, denied the validity of the battle.net trademark, denied that CD keys are an anti-piracy measure, and denied that bnetd is a circumvention tool. In September 2004, the court disagreed and granted
summary judgement may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a sho ...
to Blizzard. On appeal, defendants argued that federal copyright law, which permits reverse engineering, preempts California state contract law, upon which the EULA's prohibition on reverse engineering is grounded. In September 2005, the
Eighth Circuit Court of Appeals The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western Distr ...
rejected the defendants' argument and affirmed the lower court's decision. "Appellants failed to establish a genuine issue of material fact as to the applicability of the interoperability exception
f the DMCA F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''. His ...
The district court properly granted summary judgement in favor of Blizzard and
Vivendi Vivendi SE is a French mass media holding company headquartered in Paris. Widely known as the owner of Gameloft, Groupe Canal+, Havas, Editis, Prisma Media, Vivendi Village and Dailymotion, the company has activities in television, film, video ...
on the operability exception." The appeals court further ruled that bnetd circumvents
copy protection Copy protection, also known as content protection, copy prevention and copy restriction, describes measures to enforce copyright by preventing the reproduction of software, films, music, and other media. Copy protection is most commonly found on ...
in violation of the DMCA. bnetd developer Ross Combs and EFF staff attorney Jason Schultz criticized the appeals court ruling, claiming the ruling means software and hardware vendors can use a DMCA-EULA combination to prevent otherwise lawful reverse engineering and chill the development of interoperable systems. Blizzard co-founder
Mike Morhaime Michael "Mike" Morhaime (born November 3, 1967) is an American video game developer and entrepreneur. He is the chief executive officer (CEO) and founder of Dreamhaven, located in Irvine, California. Morhaime is best known as the co-founder and t ...
called the ruling "a major victory against software piracy." An
Entertainment Software Association The Entertainment Software Association (ESA) is the trade association of the video game industry in the United States. It was formed in April 1994 as the Interactive Digital Software Association (IDSA) and renamed on July 21, 2003. It is based in ...
representative also supported the ruling, claiming it reinforces the DMCA's ability to prevent "IP abuse and theft." As a result of the litigation, the bnetd.org domain was transferred to Blizzard's control pursuant to the consent decree entered during the trial. The domain is now offline but still registered by Blizzard. Although Blizzard won the case, the lawsuit did not stop the continued distribution of bnetd's open source code, nor of derivative projects such as PvPGN. Other hosts were quickly set up by third parties in countries where no
anti-circumvention Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 ...
legislation equivalent to the DMCA exists.


See also

* PvPGN (Player vs Player Gaming Network) is a free and open source software project offering emulation of various gaming network servers and is being maintained by a non-profit organization. *
Stratagus ''Stratagus'' is a free and open-source cross-platform game engine used to build real-time strategy video games. Licensed under the GNU GPL-2.0-only, it is written mostly in C++ with the configuration language being Lua. History On June 15 ...
is a free software real time strategy engine which began as a similar project of reverse engineering ''
Warcraft II ''Warcraft II: Tides of Darkness'' is a fantasy real-time strategy computer game developed by Blizzard Entertainment and released for DOS in 1995 and Mac OS in 1996 by Blizzard's parent, Davidson & Associates. A sequel to '' Warcraft: Orcs & Huma ...
'' under the name ''FreeCraft''. Blizzard threatened legal action, and the project was halted and then restarted under a different name as a general engine project, though ''Warcraft II'' support is added through Wargus. *
Bowers v. Baystate Technologies ''Bowers v. Baystate Technologies'', 320 F.3d 1317 (Fed. Cir. 2003), was a U.S. Court of Appeals Federal Circuit case involving Harold L. Bowers (doing business as HLB Technology) and Baystate Technologies over patent infringement, copyright in ...
older case law on reverse engineering in the US which decided that shrink-wrap licenses may prohibit reverse engineering otherwise allowed by the Copyright Act


References

{{Reflist


External links


Blizzard v. bnetd
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Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...

Emulation FAQ
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Blizzard Entertainment Blizzard Entertainment, Inc. is an American video game developer and publisher based in Irvine, California. A subsidiary of Activision Blizzard, the company was founded on February 8, 1991, under the name Silicon & Synapse, Inc. by three graduat ...
(
Activision Blizzard Activision Blizzard, Inc. is an American video game holding company based in Santa Monica, California. It was founded in July 2008 through the merger of Activision, Inc. (the publicly traded parent company of Activision Publishing) and Vivendi ...
/
Vivendi SA Vivendi SE is a French mass media holding company headquartered in Paris. Widely known as the owner of Gameloft, Groupe Canal+, Havas, Editis, Prisma Media, Vivendi Village and Dailymotion, the company has activities in television, film, video ...
)
BNETD source code, FAQ and Debian packages
Blizzard Entertainment Free and open-source software Free emulation software