First, I'm sympathetic to people who test and probe software for security issues with the intent to help plug the holes. In fact, there are government, non-govermental, and international organizations that provide a clearing house and interface between such independent investigators and the companies producing software. Mr. Auriemma didn't mention any attempt to contact them; only GameSpy. Perhaps it would have been best to deal with these clearing houses which already have relationships and credibility with the software companies.

In case anyone wants to know what the other side actually said, here is the link (at the moment) to the GameSpy letter:
http://aluigi.altervista.org/misc/75395-1.pdf

The basic issue as taken from the letter sent to Mr. Auriemma is:

These programs purport to permit users to circumvent the encryption protection of GameSpy's proprietary software, including GameSpy 3D and Roger Wilco, to obtain access to computer servers owned and operated by GameSpy, or in some cases to cause those servers to crash.

They list programs on Mr. Auriemma's web site and claim that his "security advisories" provide step-by-step instructions for others to circumvent security on GameSpy servers. It isn't about him finding a particular bug. It's about him offering tools to the public to do what the above quote states, as well as Mr. Auriemma using them to gain unauthorized access to the GameSpy servers.

If it is true that he tried to work with GameSpy first but they rebuffed his attempts to help, then GameSpy sure doesn't look good. I sympathize with Mr. Auriemma. I hope he has some proof of his attempts and GameSpy's refusal to work with him prior to him posting the programs and methods to access the GameSpy servers. Although, I don't see how USA law can do anything to the guy. Maybe there is an international treaty covering this or the USA has some way to get to Mr. Auriemma through the Italian government.

BTW, I too am concerned that the DMCA will be used and abused by the authorities in concert with large corporations to stiffle criticism and impede competition.