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Originally Posted by DawnFalcon
But it is directly relevant. Under the Judge's ruling, if it's their IP and your break their ToS/EULA, regardless of "ownership", you've committed copyright infringement.
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No, ownership is directly relevant.
This is from the judges ruling:
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C. Does 17 U.S.C. § 117 Require a Finding of Non-infringement?
Section 117 permits the “owner” of a copy of a computer program to copy the program to RAM if the copy is created as an essential step in using the program.
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Under the two-part test for ownership in Wall Data, the transactions between Blizzard and persons who acquire copies of its game client software are licenses, not sales.
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The Court concludes, therefore, that users of WoW, including those who use Glider, are licensees of the copies of the game client software and are not entitled to the section 117 defense.
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Ownership is critical to the ruling.