No they are not different in any way. Nobody used blizzards source in that court case. They EMULATED a battlenet server and got raped for it. Sony states in the EULA operating a server is against the rules. same as blizzard. they COULD go after it. Will they? Up until the blizzard case i would of said no, but who knows now.
Battlenet is just like sony's servers. although very very toned down. but your chars are stored on their servers for the real tournament side. It's the same thing. They didnt get their hands on their battlenet server source they emulated it.
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This judgement upholds Blizzard's EULA and Terms of Use to be legally binding documents that are legally enforceable. Additionally, the judgement makes it illegal for anyone else to distribute BnetD or create unauthorized servers that emulate Blizzard Entertainment's servers for the purpose of playing legal or illegal copies of Blizzard games.
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Bnetd wasn't a "hacked" version of Blizzard's server software, it was developed from the ground up; furthermore, the intent of the software wasn't to allow people with pirated games to play online, but to allow people who can't access Blizzard's servers (people at LAN parties, people behind college firewalls, etc.) to play on TCP/IP servers on their local network. At one point the folks behind bnetd had even tried to contact Blizzard to ask how they could implement serial key checks in it, but Blizzard refused to help. A fairly informative FAQ on bnetd is available at http://www.chiark.greenend.org.uk/~o...bnetd-faq.html
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You arguement doesn't have a leg to stand on.