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Harvard Case - Blizzard v. bnetd.org: Managing Intellectual Property (A)

"Blizzard v. bnetd.org: Managing Intellectual Property (A)" Harvard business case study is written by V. Brian Viard, Pamela Yatsko. It deals with the challenges in the field of Strategy. The case study is 24 page(s) long and it was first published on : Dec 28, 2006

At Fern Fort University, we recommend that Blizzard Entertainment adopt a multi-pronged strategy to address the intellectual property (IP) infringement by bnetd.org. This strategy involves a combination of legal action, proactive community engagement, and innovative business model adjustments. By strategically leveraging its resources, Blizzard can effectively protect its IP, foster a positive gaming environment, and ultimately enhance its long-term competitive advantage.

2. Background

This case study revolves around Blizzard Entertainment, a leading developer and publisher of online games, facing a significant challenge from bnetd.org, a third-party website offering unauthorized access to Blizzard's game servers. This infringement poses a threat to Blizzard's revenue, brand reputation, and user experience.

The main protagonists are:

  • Blizzard Entertainment: A company with a strong brand, loyal user base, and valuable intellectual property in the form of its games and associated content.
  • bnetd.org: A third-party website operating outside Blizzard's control, offering unauthorized access to Blizzard's game servers and potentially impacting Blizzard's revenue and user experience.

3. Analysis of the Case Study

Using Porter's Five Forces Framework:

  • Threat of New Entrants: The online gaming industry has relatively low barriers to entry, making it vulnerable to new competitors. This threat is amplified by the emergence of free-to-play models and the increasing accessibility of game development tools.
  • Bargaining Power of Buyers: Players have significant bargaining power, especially in a competitive market with numerous alternatives. The rise of free-to-play games further empowers players, making them less reliant on paid content.
  • Bargaining Power of Suppliers: Blizzard relies on various suppliers for its game development and distribution, including software developers, hardware manufacturers, and content providers. While these suppliers have some bargaining power, Blizzard's brand and market position allow it to negotiate favorable terms.
  • Threat of Substitutes: The gaming industry faces constant competition from alternative forms of entertainment, including mobile games, streaming services, and social media platforms. This threat necessitates continuous innovation and adaptation to remain relevant.
  • Competitive Rivalry: The online gaming market is highly competitive, with established players like Blizzard battling for market share against new entrants and established competitors. This rivalry drives innovation and necessitates a strong focus on product differentiation and customer engagement.

Analyzing the Value Chain:

  • Inbound Logistics: Blizzard's value chain includes sourcing and managing game development resources, including software development kits, hardware, and content creation tools.
  • Operations: This stage involves game development, testing, and quality assurance, followed by production and distribution of game content.
  • Outbound Logistics: Blizzard distributes its games through various channels, including online platforms, retail stores, and digital distribution services.
  • Marketing & Sales: Blizzard leverages various marketing channels to reach its target audience, including advertising, public relations, social media, and community engagement.
  • Service: Blizzard provides customer support, updates, and community management to enhance the gaming experience and foster user loyalty.

SWOT Analysis:

Strengths:

  • Strong brand recognition and loyal user base
  • Innovative game development and design capabilities
  • Robust online infrastructure and community management
  • Extensive intellectual property portfolio

Weaknesses:

  • Vulnerability to IP infringement and unauthorized access
  • Dependence on online platforms and digital distribution
  • Potential for negative public perception due to security breaches

Opportunities:

  • Expanding into new markets and demographics
  • Leveraging mobile gaming and emerging technologies
  • Developing new business models and monetization strategies

Threats:

  • Competition from free-to-play games and alternative entertainment options
  • Security breaches and data leaks
  • Regulatory changes and evolving legal landscape

4. Recommendations

  1. Legal Action: Blizzard should pursue legal action against bnetd.org to enforce its intellectual property rights. This may involve cease and desist letters, lawsuits, and cooperation with law enforcement agencies to shut down the infringing website.
  2. Proactive Community Engagement: Blizzard should engage with its community to educate players about the dangers of unauthorized access and the importance of protecting intellectual property. This can be achieved through in-game messaging, social media campaigns, and forums dedicated to addressing player concerns.
  3. Business Model Innovation: Blizzard should explore innovative business models that reduce the incentive for unauthorized access and enhance the value proposition for legitimate players. This may involve offering subscription-based services, premium content, or exclusive rewards for authorized users.
  4. Enhanced Security Measures: Blizzard should implement robust security measures to prevent unauthorized access to its game servers and protect user data. This may involve advanced authentication protocols, intrusion detection systems, and regular security audits.
  5. Strategic Partnerships: Blizzard should explore strategic partnerships with other gaming companies, technology providers, and legal experts to enhance its IP protection capabilities. This could involve sharing best practices, developing joint security solutions, and collaborating on legal strategies.

5. Basis of Recommendations

These recommendations are based on the following considerations:

  1. Core Competencies and Consistency with Mission: Blizzard's core competencies lie in game development, online infrastructure, and community management. These recommendations align with its mission to create immersive and engaging gaming experiences while protecting its intellectual property.
  2. External Customers and Internal Clients: These recommendations address the concerns of both external customers (players) and internal clients (Blizzard employees). They aim to enhance the gaming experience, protect user data, and ensure the long-term sustainability of Blizzard's business.
  3. Competitors: By proactively addressing IP infringement and enhancing its security posture, Blizzard can gain a competitive advantage over rivals who may be more vulnerable to similar threats.
  4. Attractiveness: The recommendations are expected to yield positive returns on investment through increased revenue, reduced legal costs, and improved brand reputation.

6. Conclusion

By adopting a multi-pronged strategy encompassing legal action, community engagement, business model innovation, and enhanced security measures, Blizzard can effectively protect its intellectual property, foster a positive gaming environment, and maintain its competitive edge in the dynamic online gaming industry.

7. Discussion

Other alternatives not selected include:

  • Ignoring the issue: This would be a short-sighted approach that could lead to further IP infringement, reputational damage, and financial losses.
  • Focusing solely on legal action: While necessary, this approach could be time-consuming, costly, and potentially alienate players if not accompanied by other measures.

Key assumptions underlying these recommendations include:

  • Blizzard's legal action will be successful in deterring bnetd.org and similar websites.
  • Players will respond positively to Blizzard's efforts to protect its IP and enhance security.
  • The proposed business model innovations will be attractive to players and generate sufficient revenue to offset the costs of implementation.

8. Next Steps

  1. Immediate Action: Issue cease and desist letters to bnetd.org and other known infringing websites.
  2. Short-Term (3-6 months): Develop and implement a comprehensive community engagement strategy, including in-game messaging, social media campaigns, and dedicated forums.
  3. Mid-Term (6-12 months): Explore and pilot new business models, including subscription-based services and premium content.
  4. Long-Term (12+ months): Continuously enhance security measures, monitor for new threats, and adapt to evolving legal and technological landscapes.

By taking these steps, Blizzard can effectively address the challenges posed by IP infringement and position itself for continued success in the competitive online gaming industry.

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Case Description

Personal computer game maker Blizzard filed a lawsuit in 2002 against the developers of the bnetd project. The bnetd project was a volunteer effort of game enthusiasts and programmers frustrated with difficulties encountered playing Blizzard's personal computer games on its 24-hour Battle.net online gaming service. Via reverse engineering of Blizzard's software, the bnetd developers created and disseminated a free open source software program that mimicked the Battle.net playing experience while improving on some of its deficiencies. Blizzard, one of the world's most successful PC game publishers and a part of international media conglomerate Vivendi Universal, charged the bnetd developers with breach of contract and various counts of intellectual property infringement. The defendants maintained that U.S. law, in an effort to spur innovation in the United States, protected their activities. Describes the events leading up to a court-ordered mediation session between the two parties in October 2003. Students are asked, as business managers, to determine the legal and non-legal alternatives available to Blizzard and the bnetd developers, and to decide which strategy to pursue from each party's perspective.

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