They showed up at his home with a C&D, but he was the one who brought them to court, they never enforced the C&D by going to court, they could have immediately as the product never came down
Can you say for certain the C&D like many wasn't just a scare tactic with no real thought of following through with it... as most are... he went seeking a declaratory judgment in order to null and void any further C&D that might come his way by looking the court to vote his product was doing nothing wrong... ergo HE BROUGHT THEM TO COURT FIRST!, he lost that case and then a later case was raised, prehaps on the back of the fact the court had already ruled it wasn't exempt and blizzard knew they would win.
Fact is, like the pirate bay, he could have ignored that C&D and might have never been brought to court for many many years, by raising his orginal declaratory judgment he called blizzard hand, and I admit it at the time it was a ballsy move that could have really paid off, but the courts havent a fucking clue and he lost
Fact remains, you are still saying that blizzard have no provocation short of a bot being there avaliable and money being made like yours, and that blizzard could show up at your door tomrrow, prehaps you should think more PR wise before continueing
