Quote:
Originally Posted by DawnFalcon
I'm going to suggest you re-read the actual ruling and much of the commentary around it. ANY EULA. It's quite clear. (And is going to end up in the supreme court, I'm sure, sooner or later)
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I have read the ruling. What is clear is that the judge specifically found in this case that the user is licensing the software and does not own it. The reason for this is that Blizzard makes it clear that this is a "limited" license and can be terminated.
That is the general test that has stood up in the courts before with regards to the license vs sale question. If the retailer makes it clear that the transfer of rights can be terminated or creates the expectation that the product will be returned, then it is a license.
Blizzard operates under this model. Therefore WoW users do not own the software, they only license it, therefore Section 117 does not apply.
It has yet to be tried in courts, but it is pretty clear that eBook retailers do not operate under this model. I have never seen one state up front that you only purchase the eBook for a limited time, or that the retailer will terminate your access.