Of course, if someone really wanted to throw a wrench into this, they could broach the question of the dubious legality of shrink-wrap EULA's (the Glider case was a step back towards allowing ever-more-oppressive EULA's, but there's considerable pushback in the other direction, too).
Since the entire premise of the Warden is based upon the idea that "to license our software you have to agree to the EULA, and we can put ANYTHING in the EULA," this invites a one-sided and ever-increasing encroachment upon consumer rights in the name of protecting "intellectual property."
Of course, that being said, the net effect of Hoglund's hew and cry was, in my opinion, positive. Although it gave a lot of noobs a lot of bad ideas, it also had the effect of discouraging commercial bots and hacks (which is, imo, good -- bots and hacks are only really useful in that they make you "special" compared to other players... you can fly or whatever... and when EVERYONE can do it, it's not "special" anymore) and (important to a civil liberties wonk like me) letting Blizzard know that there are limits.
This last bit is important because while, true, what they're doing is not terribly invasive, there's nothing technical to stop Blizzard from getting super invasive. In fact -- since most people run most apps as admin/root due to lack of knowledge -- there's nothing technically stopping them from going a step further and saying "hey, you're a cheater! We'll wipe your hard disk!" The point isn't that they are, were, or will be actually doing that; the point is that there must be LIMITS, and the public hue and cry (and attendant threat of loss of income) alerted Blizzard (and hopefully others) to that fact. In its way, it was sort of like the Sony CD rootkit fiasco; it showed the intellectual property zealots that there must be a balance when protecting IP. Some things are simply more important than your IP.
I feel like the current situation is a good balance. Warden's scans are, it sounds like, fairly minimal, and mostly discourage the commercial bot-writers. Private bot-writers are still fairly safe if they have half a brain and do some reading (thanks for taking away some of my irrational fear btw Cypher). And Blizzard realizes that even though you're playing "their" game, there must be SOME limits on what they can and should do to protect it, even if they only understand that from a monetary, self-interested perspective.
(EDIT: forgot to post this, but there are alot of parallels between Warden and the increasingly-ridiculous DRM we all deal with on a daily basis. The root philosophy is the same: you're (listening to/watching/playing) something of MINE, so I can do (literally) ANYTHING to stop you from doing that in a way that might hurt my profits. We all gotta step back a bit from that edge, as a society, and respond by saying "well, no, some things are not acceptable, even to protect your precious intellectual property." And then decide what is unacceptable. And yes, I'm talking about regulation here

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