Blizzard, a California corporation and subsidiary of Vivendi, creates and sells
software games for personal computers. This appeal concerns the particular Blizzard
games "StarCraft," "StarCraft: Brood War," "WarCraft II: Battle.net Edition,"
"Diablo," and "Diablo II: Lord of Destruction." Combs and Crittenden are computer
programmers, Jung is a systems administrator, and Internet Gateway is an Internet
service provider based in St. Peters, Missouri. Jung is also the president, co-owner,
and day-to-day operator of Internet Gateway.
In January 1997, Blizzard officially launched "Battle.