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Apr. 9, 2014

Marc E. Mayer

See more on Marc E. Mayer

Mitchell Silberberg & Knupp LLP

The company behind the fantasy game "World of Warcraft" had a real-life battle that netted it a $7 million judgment last year.

Mayer's client, Blizzard Entertainment Inc., sued Ceiling Fan Software LLC for distributing a "bot" that would play the popular game for users when they were away from the computer - a practice banned by the license agreement. Blizzard Entertainment Inc., et al, v. Ceiling Fan Software LLC, et al, 12-0144 (C.D. Cal., filed Jan. 27, 2012).

"It's cheating," Mayer said.

The ruling also banned Ceiling Fan Software from selling or providing the bots to gamers in the future.

"These games are incredibly expensive to create and maintain," Mayer said.

"These disruptions are extremely harmful for a company that relies on subscriptions," he added. "People get frustrated, and if they believe that they're the only one playing fair, they'll drop out."

In another matter, Mayer represents Capitol Records LLC and others in a dispute with Sirius XM Radio Inc., alleging violations of state intellectual property protections. Capitol Records LLC, et al, v. Sirius XM Radio Inc., et al, 520981 (L.A. Super. Ct., filed Sept. 11, 2013).

At issue are claims that Sirius earned tens of millions of dollars broadcasting pre-1972 recordings without permission.

"Sound recordings created after 1972 are protected by federal law," Mayer said. "But recordings made prior to that time continue to be protected under state law."

Sirius contends that it wasn't required to pay royalties for the older recordings it plays on its digital radio system.

"The issue is not one of copyright law, but of California law," Mayer said.

He is arguing to the court that state law does indeed offer protection for the digital public performance or transmission of recordings made prior to 1972.

"It's a hot issue, with potential ramifications for digital radio systems," Mayer added.

- Pat Broderick

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