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There is a giant confusion in copywrite law (and software patent law for that matter). Derivative works can merge with original creative content. Messy stuff from an IP atorney's point of view.
One really good way to visualize it is by looking into the battles over "idiot's guide" sort of "creative content" v. the software providers who wanted to force licensing prior to publication (authorized version sort of thing).
As long as proper TM notice is provided, Bliz will have a devil of a time stopping the sale of creative content related to their products. On the other hand, they can likely stop the use of any addon with their products for any or no reason whatsoever. One way the zygors of the world could ice their position would be to make their "content" readable and useful outside its use through an addon. Let a third party give away an addon that reads the otherwise useful material into the game world. Think of eBook readers v. the text files. They are produced and sold by different entities.
All this and much, much more said, Bliz is the industry standard for leading with their face and taking actions which courts have slapped them for latter. They seem happy to violate obvious fair use or even privacy laws and just pay for it later in court. They are the last company I would taunt. Remember what they did in the Diablo days.
Interesting stuff. Do some poking on a wiki and check out uspto.gov and epo.org. I will look for some cites to Bliz's actions in the past.
Disclaimer: I am a licensed IP attorney. I am not acting as anyone's attorney, representative or agent on this board. I am simply musing based on 30 years in the field. Everything I write here could be dead wrong. Do your own research and hire an attorney if necessary. I love the law.
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