Tag Archives: MDY

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

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