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Originally Posted by Shaggy
That's not what the rulings say. Please back that up with references from the ruling itself.
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They pretty much do
say just that:
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a user must first install the game onto a computer and agree to the terms of the End User Licence Agreement ("EULA") and Terms of Use ("TOU")
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At the end of both the EULA and TOU, Blizzard includes a button with the text, "I Agree" in it, which the user must select in order to proceed with the installation.
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According to Blizzard, the EULAs and TOUs prohibit this activity.
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Appellants's circumvention in this case constitutes infringement.
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That would seem to jibe with the
DawnFalcon's statement
Note also that the ruling explicitly notes the argument that terms/license/agreement violate fair use doesn't have a leg to stand on:
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In their briefs, Appellants argued that the TOU and EULA were statutorily
preempted by the Copyright Act and/or impermissibly conflicted with the fair use defense contained in the Copyright Act. However, at oral argument, Appellants conceded that the only remaining issue was whether the breach of contract claims conflicted with the interoperability exception contained in the DMCA.
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