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Originally Posted by DawnFalcon
Eh? No, contract is another area of law entirely, and as I said you don't need to enter into a contract with Blizzard to be subject to their licence agreement - you simply have to click through their licence! (Which does not require a subscription!)
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A license agreement is a contract.
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Your rights CHANGE the moment you click through, to take away rights you once had and to make them not only a breach of licence, but copyright infringement as well.
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Yet again, only if you are not the owner.
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Consider, again, a forum click-through agreement. By the court's logic, break it and you are clearly committing a copyright offence against the site!
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Which is nonsense, and has nothing to do with copyright infringement.
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Incidentally - By using the Kindle's 3G or using Amazon's website, you are accepting a bunch of agreements Amazon put onto you, including to not resell any books on your Kindle. It's doesn't matter per this judgement that they were sold: you agreed to a EULA and ToS, your rights are grass, and breach is a copyright offence.
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You are clearly having trouble understanding the difference between how EULAs and copyright effect you depending on whether you are an owner or a licenser. The two situations are not the same. The fact that Amazon makes you agree to not resell any books is irrelevant if you are the owner. Amazon can not take away an owner's right of first sale. They can take away a licenser's right of first sale.