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Blizzard Takes action aginst Warcraft Bot WoW Glider

Blizzard/Vivendi games up in arms over the Warcraft bot ‘WoW Glider’, the legal docs describe a legal battle that’s unfolding in US District Court over WoW Glider, a bot that automates just about anything in World of Warcraft. According to plaintiff Blizzard, the program infringes on their copyright, and violates Blizzards EULA, WoW Glider argues that since no copy of the game is used, it does not violate any copyrights. Here’s a snip with some of the details:

In its legal submission to the court last week, the firm said: “Blizzard’s designs expectations are frustrated, and resources are allocated unevenly, when bots are introduced into the WoW universe, because bots spend far more time in-game than an ordinary player would and consume resources the entire time.”
‘Infringed agreement’

Blizzard argued that Michael Donnelly’s tool also infringed the End User License Agreement that all parties have to adhere to when playing the game. More than 100,000 copies of the tool have been sold, according to Mr Donnelly. More than 10 million people around the world play Warcraft.

Mr Donnelly said the first time had had been aware of potential legal action over his program was when a lawyer from Vivendi games, which publishes Warcraft, and an “unnamed private investigator” appeared at his home.

In his legal submission, he detailed: “When they arrived, they presented Donnelly with a copy of a complaint that they indicated would be filed the next day in the US District Court for the Central District of California if Donnelly did not immediately agree to stop selling Glider and return all profits that he made from Glider sales.”

“Blizzard’s audacious threats offended Donnelly,” according to the legal papers.

Mr Donnelly says his tool does not infringe Blizzard’s copyright because no “copy” of the Warcraft game client software is ever made.

Blizzard has said the tool infringes copyright because it copies the game into RAM in order to avoid detection by anti-cheat software.

Activision-Vivendi Games To Merge and Renamed Activision Blizzard

Game publishers Activision and Vivendi Games will merge their companies into one and be renamed Activision Blizzard. The result will create a company with revenues of $3.8 billion in 2007. The deal is expected to be made official in the first half of 2008. What does this say for Sierra only time will tell, but I am here to say I don’t think sierra will be around much longer.

Activision, Inc. (NASDAQ: ATVI) and Vivendi (Paris: VIV) today announced that they have signed a definitive agreement to combine Vivendi Games, Vivendi’s interactive entertainment business — which includes Blizzard Entertainment’s World of Warcraft®, the world’s #1 multi-player online role-playing game franchise — with Activision, creating the world’s largest pure-play online and console game publisher. The new company, Activision Blizzard, is expected to have approximately $3.8 billion in pro forma combined calendar 2007 revenues and the highest operating margins of any major third-party video game publisher. On closing of the transaction, Activision will be renamed Activision Blizzard and will continue to operate as a public company traded on NASDAQ under the ticker ATVI. Activision, one of the world’s leading independent publishers of interactive entertainment, is best known for its top- selling franchises, including Guitar Hero®, Call of Duty® and the Tony Hawk series, as well as Spider-Manâ„¢, X-Menâ„¢, Shrek®, James Bondâ„¢ and TRANSFORMERSâ„¢. Blizzard Entertainment, a division of Vivendi Games, has projected calendar 2007 revenues of $1.1 billion, operating margins of over 40% and approximately $520 million of operating profit. Blizzard owns the #1 multi-player online role-playing game franchise, World of Warcraft, which currently has over 9.3 million subscribers worldwide. Blizzard’s World of Warcraft, Warcraft®, StarCraft® and Diablo® games account for four of the top-five best-selling PC game titles of all time. Vivendi Games also owns popular franchises, including Crash Bandicootâ„¢ and Spyroâ„¢. Pro forma for calendar 2007, Activision Blizzard expects to generate approximately 70% of its revenues from owned franchises. As a result of the business combination, Activision Blizzard expects to have the most diversified and broadest portfolio of interactive entertainment assets in its industry, positioning the combined company to capitalize on the continued worldwide growth in interactive entertainment.

Jean-Bernard Lévy, Chairman of the Management Board and Chief Executive Officer of Vivendi stated: “This alliance is a major strategic step for Vivendi and is another illustration of our drive to extend our presence in the entertainment sector. By combining Vivendi’s games business with Activision, we are creating a worldwide leader in a high-growth industry. We are excited about the opportunities for Activision Blizzard as a broader entertainment software platform. We believe this transaction will create significant value for Activision Blizzard and Vivendi stockholders. In Activision, we have found a partner with a highly complementary business and strong operating team. Bobby Kotick and Brian Kelly are industry pioneers, well known for creating shareholder value. The combined strength of the existing management teams at both companies will set the stage for further profitable growth of Activision Blizzard. We look forward to being an active and supportive majority stockholder in a company that is poised to lead the worldwide interactive entertainment industry in the years ahead.”

René Penisson, Member of the Management Board of Vivendi and current Chairman of Vivendi Games, added: “We are very confident that by combining forces, Activision Blizzard will set the highest standards in quality, reputation and profitability, and will bring together the best creative teams in the industry. The combination of this unique product portfolio with highly professional employees gives us great confidence in the growth prospects for Activision Blizzard.”

Said Robert Kotick, Activision’s Chairman and Chief Executive Officer: “This is an outstanding transaction for Activision and our stockholders, as well as a pivotal event in the continuing transformation of the interactive entertainment industry. By combining leaders in mass-market entertainment and subscription-based online games, Activision Blizzard will be the only publisher with leading market positions across all categories of the rapidly growing interactive entertainment software industry and reach the broadest possible audiences. By joining forces with Vivendi Games, we will become the immediate leader in the highly profitable online games business and gain a large footprint in the rapidly growing Asian markets, including China and Korea, while maintaining our leading operating performance across North America and Europe. Activision stockholders will benefit from significantly increased earnings power and the recurring nature and predictability of subscription-based revenues, while also having the opportunity, if they choose, to receive $27.50 per share for a portion of their shares in the post-closing tender offer.”

Kotick continued: “Vivendi Games provides Activision with unique strategic and financial benefits and will allow us to leverage our franchises into emerging online opportunities as Blizzard has done so successfully. Activision has been very focused on margin expansion, and this transaction will meaningfully increase our overall operating margins as we expand our franchises online and in new geographies. Diversifying our revenue base among subscription-based online, console and PC formats, as well as wireless and casual emerging opportunities, gives us the broadest platform to capitalize on industry growth. With Blizzard’s successful franchises, such as World of Warcraft, StarCraft and an exciting pipeline of yet-to-be announced titles, Vivendi Games’ and Blizzard’s management team will join with Activision’s strong and experienced leaders to become an even more powerful force for innovation in online and offline interactive entertainment across a wide range of platforms. This transaction also provides a unique relationship with Universal Music Group – the world’s largest music company – which will benefit Guitar Hero and further extend our sizable leadership position in music-based games.”

Mike Morhaime, President and Chief Executive Officer of Blizzard, added: “Blizzard’s industry-leading PC games business, with a track record of nine consecutive bestsellers and a global subscriber base of more than 9.3 million World of Warcraft players, is an exceptional fit for Activision’s highly profitable console games business. From our interactions with the Activision team, it is clear we have much in common in terms of our approaches to game development and publishing. Above all, we are looking forward to continue creating great games for Blizzard gamers around the world, and we believe this new partnership will help us to do that even better than before.”

Ghostbusters Teaser Trailer

Vivendi Games is partnering with Sony Pictures to try and turn “Ghostbusters” into a videogame franchise. First title in what the publisher hopes will be a series of “Ghostbusters” games is set for release in fall ‘08 from Vivendi’s Sierra label. I don’t know why I am even posting this you will understand after you watch the vide.

Empire Earth III Goes Gold and Ships

Sierra announces that Empire Earth III is gold, and to expect the next installment in the real-time strategy series to show up in stores on November 6.

Sierra Entertainment, a division of Vivendi Games, announced today that Empire Earth III has gone gold and will be available on Windows PC November 6.

The pre-order campaign has already kicked-off at select retailers nationwide and features three exclusive unlockable units.

• Machine Mortar (Far East Region, Future Epoch) – A genetically engineered soldier that launches a devastating, area-affect salvo of shells
• Persian Mercenary (Middle East Region, Ancient Epoch) – An ambidextrous warrior armed with a pair of lethal blades
• Urban Special Forces (West Region, Modern Epoch) – A highly disciplined, well-armed Urban Special Operations soldier

Empire Earth III is a real-time strategy (RTS) videogame that places the entire globe at the touch of the fingertips making the earth a canvas for the strategy mind. Gamers will build and command an enduring global empire with the goal of World Domination. Empire Earth III is one of the few strategy games that offers players the scale and scope to take an empire from the ancient world to the far future.

Developed by Mad Doc Software, Empire Earth III is rated “T” for Teen. For more information, please visit the game’s official Web site at www.empireearth.com.