> A fan project still encroaches and Blizzard as many have pointed out is well within their rights to do this

Sure, but I'm sure that IP laws don't demand you send CnD any fan project[1]. In the past, they were way more lenient. I guess they got scarred by their DotA experience. And honestly DotA mismanagement was their own fault.

Stuff like that has a hugely detrimental effect; see Games Workshop and Warhammer 40k fan projects.

[1] As far as I know the law doesn't prohibit to giving the server a license to run as a non-profit or giving them a cheap, short term license.