WoW Causes Lawsuit
Blizzard Sued Over eBay Auctions
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24-year-old Brian Kopp of Bronson, Florida has taken Blizzard Entertainment, its parent company Vivendi Universal, and the Entertainment Software Association to court over their repeated attempts to halt sales of his unofficial World of Warcraft player's guide, "The Ultimate World of Warcraft Leveling & Gold Guide."
Kopp had started selling the guide last August through eBay for approximately $15 per copy. The listed defendants quickly began filing complaints with eBay, claiming that Kopp's action violated the Digital Millennium Copyright Act. eBay finally bowed to the companies complaints and began removing his auctions until he was finally suspended for his actions. Kopp in-turn made new accounts to continue selling his wares only to have them suspended also.
Kopp's complaint argues that his book does not infringe any copyrights for various reasons. First, it has a disclaimer stating that it is unauthorized. Second, the collected works contain no copyrighted text or storylines and lastly, the screenshots used are exercising "fair use" under the DMCA. His suit seeks monetary returns, for halted sales among other things, an injunction preventing any of the named companies from interfering with his sales and a judgment that his book is protected by the First Amendment. Kopp has also stated that he will continue to sell his book through a personal website.
Source: Gamespot Article
Kopp had started selling the guide last August through eBay for approximately $15 per copy. The listed defendants quickly began filing complaints with eBay, claiming that Kopp's action violated the Digital Millennium Copyright Act. eBay finally bowed to the companies complaints and began removing his auctions until he was finally suspended for his actions. Kopp in-turn made new accounts to continue selling his wares only to have them suspended also.
Kopp's complaint argues that his book does not infringe any copyrights for various reasons. First, it has a disclaimer stating that it is unauthorized. Second, the collected works contain no copyrighted text or storylines and lastly, the screenshots used are exercising "fair use" under the DMCA. His suit seeks monetary returns, for halted sales among other things, an injunction preventing any of the named companies from interfering with his sales and a judgment that his book is protected by the First Amendment. Kopp has also stated that he will continue to sell his book through a personal website.
Source: Gamespot Article