Quote:
Originally Posted by thename
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."
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Looks to me like this case was about reverse engineering software and DMCA circumvention tools. They probably waived the argument about "fair use" because it didn't really have anything to do with the case. The ruling does talk about Section 117, but says that it doesn't apply because of the nature of the use (reverse engineering). I don't see where the question of ownership vs license, or whether EULA trumps fair use had anything to do with the ruling.