MDY v. Blizzard: Judge Refuses to Issue Permanent Injunction Shutting Down MDY… at Least for Now [Updated: Trial Date Set]
September 24th, 2008 by Benjamin Duranske
The judge in MDY v. Blizzard has issued an order (.pdf) denying Blizzard’s request for a permanent injunction which would have effectively shut down MDY’s operations in advance of trial. For the full background of this suit, see Virtually Blind’s complete coverage of MDY v. Blizzard.
Blizzard had asked for several extraordinary measures, including prohibiting the release of MDY’s “MMO Glider” software as open source, and prohibiting MDY’s founder and owner, Michael Donnelly, from personally working with any other game bot makers. The judge did not decide Blizzard’s motion on the merits, but instead held that the motion was essentially an additional motion for summary judgment, and that it was not timely filed because the deadline for motions for summary had already passed. Because the motion was denied without prejudice, the issues highlighted by the request will undoubtedly be raised again at trial.
[Updated 9/25: the final pre-trial conference took place yesterday, and the MDY v. Blizzard trial date has been set. Trial will begin January 8, 2009.]
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Sorry that this is tangential… if that. I just got my copy of Landslide, and I wanted to say congratulations and thanks.
Thanks, Ravious. I need to do a short post on that, come to think of it. I’ll do that now. So there’s some context here, “Landslide” is a new magazine from the ABA’s Section of Intellectual Property Law, and I co-authored the cover story of the inaugural issue, focusing on legal issues arising from virtual worlds and multiuser online games.