In Blizzard vs. BNETD, Blizzard used the DMCA to prevent open source projects from interoperating with its software. Blizzard software comes with the ability to play multiplayer games online through their Battle.net service. In order to combat piracy, Blizzard requires users of Battle.net to have valid CD keys and prevented people using the same CD Key from connecting simultaneously. A group of users enjoyed the game but disliked Battle.net due to people cheating in the games. They sought to create their own alternative, resulting in www.bnetd.org. This site gave users with Blizzard software to connect and play multiplayer games through their server. This open source project was posted on the web and other people used and modified to code for similar purposes.

In interpreting this case, the court claimed that BNETD was in violation of several provisions and was not protected by the reverse engineering for interoperability exemption. BNETD did not check to see if the user had a valid CD Key before allowing them to connect to the server. The court interpreted this as circumvention, as BNETD allowed users to experience online multiplayer games with illegal copies of Blizzard software.

This case determines that plug-ins could be held responsible for their functionality when applied to pirated software. Had the plug-in been designed to bypass CD Key checks and then connect to Battle.net, the decision would make more sense. However, BNETD wrote the program to connect to their own servers, and just didn't happen to check to for a valid software copy. Holding plug-in writers accountable for license checking is a dangerous precedent. Open source developers won't want to write a plug-in if they can be sued for the misuse of their product in combination with pirated software. The right to author extensions to software and market them has been around for years before the DMCA and now has been compromised by the misuse of its provisions.

Sun's DreaM White Paper outlines the current flaws with current DRM standards and their proposed solution, a marriage of the open source philosophy and Digital Rights Management.  They also outline the potential for the future of DRM outside of media content protection.  Sun's paper explains the flaws of the proprietary based systems currently in place.  By tying up content with proprietary DRM protection, the same content must be purchased whenever a different device is chosen.  A standardized format would ensure cross-platform capability, much in the same way that the CSS allows for flexibility across different licensed DVD players.

Current proprietary systems attempt “security through obscurity.”  The algorithms are often weak and prone to cracking, and simply hopes that no one will figure out the keys.  Opening the format has the benefits of criticism.  Everyone will be allowed to debate the merits and the strengths of the systems, as well as offer suggested improvements, ensuring that the open DRM will be the strongest.

It also suggests that an open standard can expand the market for DRM.  While the market was generated by media content providers, Sun envisions that the needs of businesses and health care will far outweigh the media companies.  Securely protecting business documents and health records is a need that DRM will logically be extended too.

The modularity of the architecture allows for adaptability with future technologies and compatability across multiple formats.  While this system has its skeptics in groups like the Electronic Frontier Foundation, it has received some backhanded complements from scholars like Lawrence Lessig, stating that if you have to DRM, you want Sun's version.

Sun's DReaM architecture is a strong example of how opinion source development can be used to help copyright holders and consumers by encouraging technological development.