For anyone interested, here’s the ‘case management’ plan for how the WoWGlider case (MDY Industries/Michael Donnelly vs. Blizzard, though there’s actually one lawsuit and one countersuit that will be handled simultaneously) I’ve talked about here and here will be handled in court. It also includes a handy summary of the position of each side in the case.

Nothing much here we didn’t already know but it makes for an interesting read. My interpretation of how the case should be decided hasn’t changed at all from reading this. I find MDY/Donnelly’s arguments persuasive and all I see when I read Blizzard’s arguments is an outrageous attempt (though not that outrageous compared with some of some of the DMCA wackiness we’ve seen since its passage…I just happen to care about games a lot more than other industries protected by the DMCA) to use a EULA/TOS to regulate the conduct/commerce of a third party.

Your mileage may (and judging by previous Blizzard-supporting comments will) vary, of course but the thing that gets to me is that I feel like a lot of people who are jumping to Blizzard’s defense are doing so not out of principle but because they’re unable to detach emotionally from how much they personally dislike it when users run bots to play WoW (of course, Blizzard hasn’t sued the people actually running the bots and thus actually causing the alleged harm.). If Microsoft put something in a TOS/EULA that prohibited people from creating software to interact with Windows (without, say, paying them a license fee first) I don’t think it’s a stretch to say that it’d be hard to find many internet users who would be backing MS.

I realize that’s not a perfect analogy but I can’t help but feel it’s spot on. There’s a passion (thankfully!) for MMOs that seems to make some of their fans feel that different rules should apply. A virtual world exceptionalism, if you will, that I don’t buy at all.