won i dont think they can win at this point the only thing that could possibly happen at this point is the possibility of the supreme court deciding to use this case as a precedent for other cases involving similar circumstances "eula/tos and how it affectscopyright infringements" , me personally i dont see that happening for them, imho the court would probably rather use a case similar to the ones apple may be getting into about with the jailbreaking and such, as they are not only copyright infringements as well as tos eula, and firmware modifications. reason i say this is its easier for the supreme court to cover more aspects of the dmca with cases like apples, where as with blizz and mdy its more or less like this...
broken down "Barney style"
2 kids 1 a little older bully (we shall call this kid "snowball" that should do it lol) and another kid "ted" (not very creative with names lol) on the playground...
now heres the story
now if this truly were playground law, comon we'ld have nothing to wory about, but it is not, and a large portion of the supreme court has never played an mmorpg and doesnt know the time it takes to get to "the good stuff".
that being said while i hope for the best i am preparing for the worst
