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A judge in the California Central District Court ruled Thursday that Scapegaming also known as Alyson Reeves, has lost its lawsuit against Blizzard. Scapegaming had created private Blizzard servers, including a microtransactions marketplace. Blizzard was sued in October 2009 for copyright infringement.
As we've discussed here before, private servers are a violation of license limitations of the EULA. Blizzard considers any violation of these license restrictions to be copyright infringement and sues people for such. In addition, Blizzard established in the "Bnetd" case that the creation of software to establish a private server is a copyright violation all by itself.
The total compensation of $88,594,589 is derived from $3,053,339 of improper profits and attorney's fees of $63,600 and $85,478,600 of the statutory damages. Statutory damages are legal penalties which are increased for willful or commercially motivated infringement. Scapegaming may appeal the amount.
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