Quote:
Originally Posted by Shaggy
You're basing your opinion on what the licenses say, not what the law says. The licenses can say anything they want, the courts are what count.
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Agreed. As mentioned from the
Blizzard v. BNETD ruling:
Quote:
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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I find it very hard to read the dismissal of that argument in any way other than the agreements set forth in the terms/EULA supersede other "rights."