Tag Archives: EULA

Ninth Circuit Imposes DMCA Liability, Even in the Absence of Copyright Infringement

The Ninth Circuit’s liability determination in MDY Industries v. Blizzard, discussed in my prior post, rested not on copyright infringement, but on a violation of the Digital Millenium Copyright Act (DMCA) provisions regarding circumvention of access controls.

As discussed previously, Section 1201(a)(1) prohibits “circumvent[ing] a technological measure that effectively controls access to a work protected under” Title 17. 17 U.S.C.… More

Update: Blizzard Owns Your Software

As expected, the Ninth Circuit has declared link that Blizzard’s World of Warcraft (WoW) software licensees are just that — licensees, and not owners — because the WoW Terms of Use sufficiently restrict the transfer and use of the WoW software. MDY Industries, LLC v. Blizzard Entertainment et al., No. 09-15932 (9th Cir. December 14, 2010). This outcome was predictable, and consistent with the court’s decision in Vernor v.… More

Update: Autodesk Owns Your Software

Autodesk owns your software if you (think you) own a copy of AutoCAD, that is. In a reversal of fortune for enterprising eBay seller Timothy Vernor, the U.S. Court of Appeals for the Ninth Circuit vacated summary judgment of noninfringement, holding that Autodesk’s customers were licensees — not owners — and thus were not entitled to resell their copies under the first sale doctrine.  Vernor v. Autodesk,… More

Get Out of Jail(breaking) Free — At Least As Far As Copyright Is Concerned

 In the past few years, the Apple iPhone and its "smartphone" brethren have seen widespread adoption throughout the United States. Combining the features of computers and traditional mobile phones, along with additional features like movement detection, GPS capabilities, and over-the-air videoconferencing, smartphones have, for many people, become indispensible tools for both work and pleasure.

Sometimes, however, users find the native functionality of certain smartphones to be limited.… More

So You Think You Own That Software?

Many of us have, at one point or another, found ourselves overwhelmed by the amount of stuff lying around our homes, and have taken the opportunity to clean up (and make a bit of spending money in the process) by selling used books, CDs, DVDs, or VHS tapes at a yard sale, or at a pawn shop, or on an Internet site like Ebay or Craigslist. Even though these items are typically subject to copyright protection,… More