It is easy talking about it in third person. Those are not chilling 5 years if it involves you, your future, your business.
Someone has to take it all the way once a court rules it will either be allowed or not and if its allowed blizzards hands would be tied and they wouldn't be able to keep bringing lawsuits against sites for doing it. Someone has to have the leadership and the strength to make the courts set a precedent or blizzard will just keep running you out of business with litigation.