Since you asked for a concrete example: I write the map script in C#, my library handles all the proprietary file formats that I need, and if I want a nice terrain (my maps usually don't but still) I can use HiveWE. This is what I mean by not 'touching' the world editor. I literally never need to run it. Microsoft visual studio is the only thing I need.
You're still thinking in terms of using the world editor to create maps. Even if I am fully aware of the EULA and agreed to it, that doesn't stop me from doing whatever I want using my own toolset.
The EULA doesn't affect me at all, I'm merely trying to reason why it doesn't affect me. Which is third party tools.
You kinda brought up this topic yourself though.
All the thing i post assume realistic outcomes or atleast things that are plausible, which is the only thing i care about.
Now you are giving concrete examples which was the thing i thought you would present at first.
Are you aware that your case is not generalized in the practice of modding? It is still interesting nontheless as you are cautious in truly not even touching the world editor. You bring about the topic if a Custom Game is such only if it is produced with the World Editor software or not. Note that the using ie. JassNewGen you still get noticed about the legal rights of Blizzard.
The EULA says this "Custom Games includes all content created
using the Game Editor(s)" somewhat in
your favor.
But the following is not in your favor or in favor of HiveWE author: "Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or
create derivative works based on or related to the Platform". Blizzard doesn't even need to expressely prohibit derivative works or mention the World Editor, since by law he is the unique person that can do such works over each of its creations. The World Editor is software and is protected as code and potentially as audiovisual results, and we don't recieve a derivative works license with the EULA. HiveWE is arguably a derivative work of World Editor (discutible). Note that HiveWE is on an entire different level from, let's say, simple modding tools that the World Editor has nothing to do about as a product (ie. model converters, model editors). HiveWE is a game editor, World Editor is also a game editor. Note that Blizzard will most likely don't do anything to the HiveWE author unless he does something blatantly douchy. One thing kind of douchy would be not putting the advertisement of rights of Blizzard when executing such program. The JassNewGen author (Vexorian) didn't do that as i said before and the NewGen program was arguably another derivative work of the World Editor.
So the legal tradeoff is not being binded by the EULA but you put yourself and HiveWE author on potential copyright infringenment cases,
should you/HiveWE author atempt to assert rights on your creations (which is the practical aspect of all this), and you atleast as a third party of the contract. This is kind of worse since copyright system has more remedies and more aspects that can significate more lose of money should you lose the case.
Regarding custom game creation ("modding"), if Blizzard sues you and the plaint says "contractual breach" you could atempt presenting your "i'm not binded" case or atleast try it as in your case the EULA is not clear. Much stronger arguments point to the nature of the EULA as adhesion contract, a contract that we didn't have opportunity negotiate, and that contains clauses that nobody on good faith would draft or that are otherwise abusive or pernicious to users like even implying a free assignment of IP rights, which i say could hardly occurs the facto or by pure virtue of accepting the EULA.
Prohibiting by contract things like reverse engineering and making "works (programs) related to the platform", things that are allowed by copyright, should Blizzard asserts copyright claims using that same EULA precisely as antecedent (that we know prohibits RE) is a possible good case of copyright misuse.
May i ask you how you test your maps though?
EDIT: Just to not double post.
Paillan, the analysis above should be done to every possible kind of copyrightable content, not just the custom game in its entirety. This applies to model meshes, skins, code, icons, literary aspects, etc. All these things are arguably copyrightable content and on some is very easy to notice if they are original (or not) in respect of any kind of Blizzard assets and content.
I would say it is still possible to find even complete maps that are completely original from the WC3 games or other Blizzard Games. Sure if you make a campaign that actually says "Arthas v/s Uther" and you use them models, etc, your game has very few copyrightable aspects. This is also the case of lots of assets here that are around the Hive (ie. a model with an original mesh but that uses WC3 skins, a icon altough different is based on prexisting Blizzard icon). But i saw some maps that show off impressive originality, using custom icons, models, UI, literary aspects, with gameplay that has nothing to do with WC3, etc. Then you have code. Note that the programming language of Jass is not copyrightable in itself should anyone had that doubt.