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2-05-2009 @ 3:31AM
This case and subsequent hysterics spawned by it are neither new nor exciting.First, software companies have always had contractual remedies available to them for violations of ToS's and EULA's. Of course, this did not help Blizzard in this specific case because the makers/distributors of Glider were not contractually bound by such agreements. However, such remedies have ALWAYS been and REMAIN today available to Blizzard for use against those who are bound by such agreements (the actual WOW players running the Glider program). Blizzard will not enforce these contractual rights against individual WOW players, however, because recovery from a single WOW user is unlikely to even cover the cost of Blizzard's legal fees...much less any actual damages. Furthermore, such actions against its player-base, while within the bounds of the law, would be business suicide. This is an example of the old adage: Just because it legally possible doesn't make it right.Second, the premise that a ToS violation gives rise to a copyright violation via the software's code being copied to the computer's RAM (a necessary step for the software to function) was put into play over 15 years ago. Yes, the world has undergone significant changes in the last 15 years; however, it has not ended. Thus, this adaptation of copyright law to the computer age has neither doomed personal freedom nor computer technology and advancement.In case you were wondering, curious, or desperately in need of doing some actual research on the law in this area (as most replying to this thread are); start here: [b]MAI Systems Corp. v. Peak Computer, Inc.[/b] 991 F 2d. 511 (9th Cir. 1993).
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