As sad as this news is, the saying goes "don't crap in your own backyard". Incorporating a company in the U.S.A. which sells a product that breaches the ToS of another large US company is just asking for trouble -- it is just too easy to get caught and sued into oblivion. One of the prime reasons Bossland has a difference experience because his company was formed in Germany(?), and unlike the in the US, large corporates can't get their own way quite so easily - especially when no German-law may have been broken.
I have always been curious about how Blizz would handle a bot that isn't backed by a company, where the coders accept payment/donations directly via virtual untraceable currency such as Bitcoins. They could conceivably run operations anonymously from anywhere in the world, leaving Blizz a tough job of finding out who? what? and where? they can try to sue anybody.