After Bossland had failed to have the case dismissed over a lack of jurisdiction, things went very quiet and they stopped responding, even when the Court gave the German company a 24-hour ultimatum to reply, it remained silent.
Blizzard has filed a default judgment (see court docs) in the US courts against Bossland. The default judgment is seeking $200 for every infringement inside the US which is estimated to be 42,818 infringements. Each infringement has a statutory damage value of $200 USD according to the court documents.
Blizzard has been relentless at pursuing Bossland in the courts over the distribution of the hack-programs. “Bossland’s earnings from the cheats are likely higher than what they’re asking for”, says Blizzard. Since only one of Bossland’s hacks can cost around $200 for a year, giving layers upon layers of payment from cheating customers to Bosslands many different hacking-tools for different games that have been developed by Blizzard Entertainment.
The court document states: “The relief that Blizzard seeks in this motion is eminently reasonable and appropriate. It is limited only to those Bossland products that violate Blizzard’s rights, and is further limited only to conduct Bossland has committed or may commit in the future within the United States. With respect to monetary relief, Blizzard seeks only the minimum awardable statutory damages for violation of Section 1201 of the Copyright Act. It seeks such an award not to punish Bossland or obtain an unjustified windfall, but as a fair monetary award in lieu of actual damages, which are undoubtedly very large but are extremely difficult to precisely calculate, especially without the benefit of discovery. “
“We are committed to protecting our game experience for players, as well as our intellectual property, and are very happy with the court’s decision,” says Blizzard.
“We don’t have any further details to provide at this time, other than to say that we will continue to defend all our games in the interest of maintaining a fair-play environment.”