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Originally Posted by Elfwreck
No, ownership exists if the product containing IP is sold, rather than licensed.
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You're talking about pre-sale licensing, namely shrinkwrap. That's an entirely different issue.
If the forum EULA says "no offensive usernames", and you create a username which is, say, "Toss4er", then you've by Blizzard vs MDY Industries just committed a copyright violation (rather than a licence one).
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There's no such thing as a post-sale "license." Sold goods don't have usage licenses
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Okay, so you're saying you can play WoW without agreeing to the post-sale licences? Hmm...court says NO. You can do things to the
data on the disk IF you don't agree to the post-sale licences allowing you to access WoW-the-game: this is NOT because it's online and subscription-based, but because you agreed to the terms.
To be clear: If you run WoW, even so far as the login screen (after the agreements), and do something to break the EULA/ToS (like reverse engineering) then by the court's ruling you're guilty of a copyright infringement - no subscription to WoW required.
You DID read those nice pop-up messages some websites give you when you go to download files from them, right?