Blablahb said:
Uh, nope. Blizzard does not own a patent on having servers and thus can't forbid others to operate software on servers. Neither do they have a patent on game servers.
Did I say servers? Nope. I said the game. Certainly they can run servers, but they can't have servers running Blizzard's games without their permission. If they do, they are violating Blizzard's IP and is illegal.
Blablahb said:
Nope, doesn't work like that. And that should be quite obvious. Otherwise, camera manafacturers would own the rights to all photographs ever made. Doesn't work like that.
You're confusing physical ownership with Intellectual Property. The proper comparison is if someone took a picture of an artist's painting without the artist's permission. The artist has full legal right to demand all copies of the photo either be turned over or destroyed.
Outside of the example, you are using Blizzard's software to create the screenshot of Blizzard's IP, so Blizzard retains all copyright permissions to the screenshot.
Blablahb said:
IP adress is personal information when it's used to connect it to a person, and tracing that back is illegal:
http://www.cbpweb.nl/Pages/uit_z2000-0340.aspx
Did you even read that? The last paragraph says that the IP addresses did not link to individuals and as such is not a breach of privacy laws. Seeing that the screencap contains the SERVER IP ADDRESS it is not considered to be tracing to an individual person and as such is not a breach of privacy laws. Whoops!
Blablahb said:
No such law exists. We do have a personal data protection act (wet bescherming persoonsgegevens) however, which Blizzard violates when illegally logging IPs.
I stand corrected on the act, but the WBP once again protects on personal information. Private servers running Blizzard IP is NOT considered private information because the software is owned by Blizzard and is used without their permission.
Blablahb said:
All their evidence is gathered illegally. Heck, the trace required to make it from IP adress to specific person is even a crime because it involves illegal entry into protected systems. Hiding spyware to gain acces to information like Blizzard did is also hacking, and illegal.
If all indications are gathered illegal and even by crime, there's no option but to throw out the case. Heck, you could juggle the actual servers in the court room and hold up a huge banner that "I pirate your stuff" and it would still need to be thrown out as based on illegality. It's a very important technicality which protests citizens against inquisition-like practises.
The BREIN foundation, an private group payrolled by the copyright mafia which goes after software pirates, tried this stunt before and suffered defeat after defeat in court, even though their illegal hacking brought them to catch companies pirating software red handed, they always lost in caught because they did so by illegal and criminal means. To my knowledge they only ever got one guy, a 21 year old from Oud Beierland, because he was dumb enough to confess to the police in the first informal interview.
Here's the verdict in one of those cases they lost:
http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=AY3854
The court literally ruled that fishing for IP adresses and looking them up is illegal.
Brein was actively using information they do not own and acquired illegally to trace IP addresses of individual people which is illegal in the bulk of the world.
Blizzard on the other hand is not doing this. They are not actively tracing IP addresses using information they would not legally have access to. Instead pictures taken using Blizzard software containing Blizzard Intellectual Property containing the IP addresses are being put out for public display, including Blizzard staff. They are using that information (which they could probably get from either the Private server's website or from reverse engineering the illegally modified client which is perfectly legal, though time consuming as well) To track the server (which in the link you gave above does not qualify as personal information) and stop people from running their software without their permission.
See the entire thing you're forgetting is Blizzard owns the software that Private servers are using. They are well within their rights to use the information that their software is generating to prevent people from using it without their permission.
This screenshot thing is no different than if there was code in the server itself to call back to Blizzard servers to let them know where the server is calling from. And seeing as there is no personal information attached (the IP address as stated in the very example you give indicates it is not protected and the Account ID is something Blizzard owns anyways), the only ones who are threatened by this is the ones hosting private servers such as OwnedCore who are spreading misinformation to protect their illegal activity.
Stop ignoring information that disproves your argument.