/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 /
True it's depressing, but NLSs have been found unconstitutional and Diebold @ fault, so it's not a complete wash. And there are appeals, and other states in the world ;). We can hope...
Alex Ionescu wrote:
/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.
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Alex Ionescu -
K McI