This firm represents Vivendi Universal Gamers, Inc. and Blizzard Entertainment, Inc. (collectively, "Blizzard"). You are receiving this letter because you operate an unauthorized World of Warcraft server in violation of Blizzard's World of Warcraft Terms of Use ("TOU") and End-Uer License Agreement ("EULA"). Specifically, your activities violate Section 2(B) of Blizzard's TOU, which provides that only Blizzard and its licensees have the right to host World of Warcraft, and Section 4(B) of Blizzard's EULA, which probibits, among other things, hosting, providing or developing matchmaking services for World of Warcraft.
In addition to these contract violations, you are also in violation of the Digital Millennium Copyright Act, 17 U.S.C. 1201, which prohibits the circumvention of security measures such as those used by Blizzard. The Eighth Circuit Court of Appeals recently confirmed that conduct such as yours constitutes a violation of the DMCA when it affirmed a grant of summary judgment in favor of Blizzard against developers and operators of emulation software. Davidson & Associates v Jung et al., 422 F.3d 630 (8th Cir. 2005)
You must immediately cease and desist from providing hosting services for World of Warcraft, and sign and certify below that you will neither offer such services, nor assist anyone else to offer such services, in the future. If you fail to comply with these demands after receipt of this letter, Blizzard is prepared to pursue appropriate legal remedies.
Sincerely,
David Tonisson