Nov 13th 2008 1:47AM FYI,
There are some differences in the gear given out via quests between the two starter zones. Depending on your build, you may find it advantageous to check out the quest rewards in both zones to find the equipment most desirable for you.
I found this out while leveling and exploring on the DK. I started out first in Howling Fjord, and when going through the quests there noticed that there was some gear that was useful, but some armor slots I didn't find anything quite right. I then popped over to Borean Tundra and found during my travels quests that did fill out the rest.
It's certainly possible to attain your first couple levels completely in either starting zone and move on, and folks with good gear probably won't find anything in the way of upgrades right out the gate, but for those currently in blues and greens you might find it worthwhile to explore both zones to get the best compliment of starter quest gear.
Jul 15th 2008 1:17PM Actually, there is plenty of room for an appeal, because various courts have ruled in an inconsistent manner in regards to licensing vs. First Sale doctrine.
In a nutshell, Blizzard was able to win on the count of copyright infringement due solely to the fact that they consider the software licensed, and as such can place limits on the software's use. So you don't "own" the software, and thus the protections in 117 don't apply. The 9th Circuit agreed.
However, the 7th and 8th Circuits have ruled in the opposite direction, asserting that purchased software is "owned", and not licensed. Licensed software implies a rental type of agreement, which clearly software purchased over the counter is not.
Now, access to the *service* that the WoW client enables is clearly a licensed product, but the client should be seen as a purchased product.
So it is far from an open and shut decision, and EULAs vs. First Sale doctrine has not been clearly decided yet.
The question is whether the defendant will appeal. I doubt they will.
Personally I think the judge erred in his decision because he was not able to separate the software from the service. They are separate software, and even though intended to be used together, they are both physically and programmatically distinct.
May 7th 2008 7:36PM The copyright claims will not fly, for a few simple reasons.
Copyright laws do not prevent copying. They are intended to prevent *distribution* of unauthorized copies.
If I make a copy of a copyrighted work, I don't need authorization to do so. However, I do need authorization to *distribute* that copy to someone else.
Since there was no distribution of unauthorized copies from one person to another, there can be no violation of copyright.
Now, there is a provision of the DMCA that surround the circumvention of technological protection measures. However, this program does not have to circumvent anything in order to interoperate with Blizzard's software. It controls the mouse and enters keystrokes. It does not modify the game in any way; it doesn't modify game files and it doesn't manipulate memory.
Based on how the program works and the basic fact that no distribution of unauthorized copies of Blizzard's copyrighted works to third parties, it is pretty baseless for Blizzard to be making claims of copyright infringement.