I'm honestly in awe at how confused people are on this issue...
Well that little case should turn out in a colorful fashion. Blizzard was stupid to show up at the guy's house with a lawyer and threaten legal action to get him to stop selling WoWGlider to people. That little move won't go over so well in court, they better have their ToS up to snuff and airtight or they'll probably have some trouble with this guy.
1. Blizzard/VUg are 100% in their rights to make any and all of the legal threats they made. Even the name of his product "wowglider" can be argued to violate their property rights (i.e. he was using the name WoW without their permission, selling a product designed for WoW customers). In that sense, it's like selling concert T-shirts at a concert and then crying when you are told that's not legal. GG
2. Even if it's found that glider itself did nothing illegal and may exist per se, this doesnt mean he "won" whatsoever. I personally suspect there's some nuance that will be found illegal in his having a commercial application of this form, but even if it's deemed "legal" to exist... that doesn't mean it's legal to sell. OK? He may win rights to "own" glider but that's separate from the right to sell it. Again, making band T-shirts for yourself is arguably kosher. Making band T-shirts and selling at a concert in mass... is not kosher.
3. No matter what the legal outcome is pertaining his rights over Glider software, there is no legitimate chance to claim people have a right to use Glider with WoW. Nothing will make using bots legal. Nothing will make Blizzard's banning people illegal. Anybody arguing the opposite is completely delusional. Blizzard will win any and all court cases that challenge their ability to ban folks "hacking" the game or otherwise cheating. The only situations where some individuals may be able to garner their accounts back are those where Blizzard has no 100% proof that the accounts were cheating. The only issue is the burden of proof pertaining the semi-contractual agreement of Subscription - i.e. you could argue that the sale or subscription was breeched in bad faith by Blizzard without due cause.
Here's an interesting question, they're trying to take him to court to stop selling WoWglider, but would it be the same if he simply started giving it out for free?
I suspect the legal issues would be very different in terms of the legal cases that apply. Commercial products would likely have a lot more case law and regulation. However, i severely doubt it has any real impact on this situation.
He's made a commercial program designed only and specifically to engage in illegal/improper activities. He may be able to retain "rights" over the code, but that's about it. An artist might claim some rights over his "artwork," but if you put it on a fuckin T-shirt and sell it at concerts then you're crossed the line.
He might as well be arguing that he's selling a specialized form of marijuana... and trying to make a case over his copyrights. It's besides the fuckin point, whether or not he has copyrights over this type of illegal commercial product.
If he didnt sell it and didnt give it away, then the analogy with drugs fails... because he didnt put it to use in an improper way. However, he was selling it and many, many people put it to use... under the title "wowglider" which itself is arguably a violation of Blizzard's rights.
This is a retarded legal mess.
This guy oughta have just put his little programmer ego aside, taken his money and moved on with his life. I assume he's made a pretty penny with $25 per key.
Blizzard didnt sue up front. They didnt seek to fuck him over and destroy him. They demanded this stop and demanded the code. This idiot could have just put his fuckin ego aside.
It's not like he didnt ever imagine that day coming. He probably made a small fortune from glider and could have just laughed, handed it over and moved on. The only retardation here is this guy's arrogance and delusion. I mean, seriously, what the fuck is this guy thinking he's going to accomplish?
He's just on some fuckin hero trip... and being a fuckin idiot.