That something "would not exist" without the original's creation is not the definition of "derivative work." Referring to the name of a company or product when discussing the product is not trademark infringement. This has been discussed thousands of times, and even a passing knowledge of the video game field would make one aware of countless unofficial game strategy guides for nearly every console and PC game. The author makes a good point in his defense. If his guide is illegal, then every book and web guide on how to use Microsoft Word not published by Microsoft is illegal. I wonder how many auto guides would be rendered illegal under this ruling should Blizzard win.
Blizzard likes to sue people. See the BNETD lawsuit, which incidentally they won due to the DMCA, a law specifically crafted to de facto override fair and free use. That is to say, a law that was crafted because companies tend to lose lawsuits like this one. But then, they don't really even have to win. They just have to harass and threaten, or as a last resort simply outspend their target in frivolous legal challenges.
That said, commercial speech such as this guide is most certainly not protected under the first amendment. And his claim that the guide's not commercial but "educational" is pretty lame too.
Blizzard sued by unofficial WoW guide author
Mar 28th 2006 5:33PM (Joystiq)Blizzard likes to sue people. See the BNETD lawsuit, which incidentally they won due to the DMCA, a law specifically crafted to de facto override fair and free use. That is to say, a law that was crafted because companies tend to lose lawsuits like this one. But then, they don't really even have to win. They just have to harass and threaten, or as a last resort simply outspend their target in frivolous legal challenges.
That said, commercial speech such as this guide is most certainly not protected under the first amendment. And his claim that the guide's not commercial but "educational" is pretty lame too.
The Five: Bestest ever episodes of Space Ghost: Coast to Coast
Jan 6th 2006 4:25PM (AOL TV)2) Kentucky Nightmare
3) Girl Hair
I loved Girl Hair because of Bizarro Santa, and Space Ghost saying about Hanson, "the young one looks like Claudia Schiffer..."