3 Oct
2004
3 Oct
'04
4:27 a.m.
/The EFF reported <http://eff.org/news/archives/2004_09.php#001962>
that the Vivendi/Blizzard vs. the good guys case has been decided, and
it doesn't look good. Some highlights from the ruling
<http://www.freedom-to-tinker.com/doc/2004/bnetd_30sep.pdf> are: A
clickthrough EULA isn't unconscionable (and thus enforceable); Fair Use
rights can be waived in a EULA; First Sale rights (!) can be waived in a
EULA; The DMCA's interoperability provisions are not a defense. If this
ruling is allowed to stand, it will allow one-sided EULAs to force the
waiver of the rights of First Sale and Fair Use.
Sigh.
Best regards,
Alex Ionescu
/