MDY's owner, Michael Donnely stated in a release on the official forums that given the manner of the ruling and the statements by the court, it was highly unlikely that MDY was going to be able to bring Glider back in any form. MDY requested that the case be sent back for review, but as of August 2011, the court had yet to hear or agree to any review. Nevertheless, they ruled that the bot violated the DMCA.
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They changed the ruling on copyright, stating that users were in breach of contract concerning the end-user license agreement ( EULA), but that this did not constitute a violation of copyright. They agreed that users were licensees rather than owners of the software. On December 14, 2010, United States Court of Appeals for the Ninth Circuit issued its ruling. In March 2009, MDY Industries suspended Glider sales and operations pursuant to an injunction. įollowing the judgment, Blizzard petitioned to enjoin MDY Industries from distributing Glider or releasing its source code. In finding this, the court agreed with Blizzard that World of Warcraft is licensed, not sold. The court did not hold this view and found that Glider infringed upon Blizzard's intellectual property by making an illicit copy of the World of Warcraft client in order to avoid Blizzard's anti-cheating software, Warden, and ordered MDY Industries to pay Blizzard $6,000,000.
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Public Knowledge, a public interest group which filed an amicus brief in the case, criticized the decision, saying it makes the loading into memory of legally obtained software an act of copyright infringement subject to high statutory penalties, if the user has violated the software's license agreement in any way. In July 2008, the court entered summary judgment holding MDY Industries liable for tortious interference and copyright infringement, based, in part, upon the legal premise that users of the World of Warcraft client software are licensees rather than owners of their copy of software. While MDY Industries asserts that the software is meant to overcome design flaws in the World of Warcraft environment, Blizzard contended in a 2006 United States federal lawsuit that the program's use violated their terms of service.
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