Glad to see that EFF has now officially taken on the case. I posted a brief article about this a few days ago (see
http://www.maddog.com). Also see my section dealing with SLAPP suits. I won't be surprised to see this go on the SLAPP page of the EFF.
But even if Bnet loses, the issue is fundamentally different for Bnet and EQ emulators. The doublespeak is all about the fact that Bnet is bypassing the cd-check. This bypass facilitates the pirates -- or some at Blizzard believe.
Blizzard's public statement has to do with facilitating piracy (an emotional charged phrase), and copyright infringement (another emotional charged phrase), when in fact they don't want Bnet around. Nowhere does Blizzard directly challenge Bnet's reverse engineering and in some ways they are asking to be reversed engineer for all the fuss they are making about the cd-key. Fact is that any warez pirate of average skill can easily crack the key.
The whole thing boils down to a one-byte change in a dll.