Blizzard Seeks to Block User Rights, Privacy
Let's look at this from a layman's perspective. Say, hypothetically, you have a camera pointed at the monitor that used image recognition software to control a robotic hand gripped around a joystick. Well, this is obviously not copyright infringement because the game software is being used as it was intended to be used. The only possible argument you could make is that the game isn't actually being played by the account holder, which isn't against the EULA either, and again isn't copyright infringement.
Isn't this comparable to a software which "looks" at the data in memory, does not change or modify it, and issues commands to the game in the same way you use your keyboard to do the same?
I really don't see how this case could possible hold water as a copyright infringement case, besides getting a smooth talking lawyer to confuse and dazzle a judge into making uneducated decisions. But from my perspective, it's a much simpler debate.
I understand Blizzard wanting to keep the game fair and balanced, but I'm afraid they're just going to have to put in the effort to make that buck instead of falling back on the legal system in this one.