What happened to that ruling that EULAs were non-enforceable?
http://www.freedom-to-tinker.com/blog/sroosa/software-license-agreement-takes-it-chin
http://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nintendo_of_America,_Inc. This is VERY relative to the Blizzhackers case. (though nothing to do with EULAs specifically.)
Blizzard has actually won on these grounds before against MDY Industries, LLC. whom was creating and selling World of Warcraft automation tools (basically doing the boring parts of the game like slowly gaining levels while you're sleeping etc.)
http://www.mmoglider.com/legal/Complaint1.pdf
Here's the full Document for the recent filing from Blizzard.
http://docs.justia.com/cases/federal/district-courts/california/cacdce/8:2010cv01495/483953/1/
Another funny (read: sickening) note is that one of the guys they are targeting, "linuxisawesome" his hack does not even touch SC2's memory (unlike all of the other hacks which only do that.) His hack is simply a packet sniffer (ala something like WinPCap or Etheral) which then can be used to recreate the playing field to see the enemies units and position (This stuff is sent across the wire at all times for in game replay recording.)
Oh and blizzard was sending out C&D and [badly written] DMCA notices some months ago.
http://i56.tinypic.com/30vzukg.jpg
The site that I moderate at filed a counter-notification and hasn't heard anything back from them... Aside from the sueing of some of our members of course.