The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled. The court reasoned that game players did not directly infringe the copyright rights of the videogame owner when they used the software in violation of the game's Terms of Use, because the prohibition against the use of such software was a covenant, not a license condition. and therefore gave rise only to a breach of contract claim. Accordingly, the developer was not liable for secondary copyright infringement. However, the court found that the developer had violated the prohibition in DMCA Section 1201(a) against trafficking in technology that circumvents measures deployed by a copyright owner to control access to a copyrighted work.

MDY Industries, LLC v. Blizzard Entertainment, Inc., 2010 U.S. App. LEXIS 25424 (9th Cir. Dec. 14, 2010) Download PDF