[ros-dev] EULAs == VALID

Alex Ionescu ionucu at videotron.ca
Sun Oct 3 01:27:11 CEST 2004


  /The EFF reported <http://eff.org/news/archives/2004_09.php#001962> 
that the Vivendi/Blizzard vs. the good guys case has been decided, and 
it doesn't look good. Some highlights from the ruling 
<http://www.freedom-to-tinker.com/doc/2004/bnetd_30sep.pdf> are: A 
clickthrough EULA isn't unconscionable (and thus enforceable); Fair Use 
rights can be waived in a EULA; First Sale rights (!) can be waived in a 
EULA; The DMCA's interoperability provisions are not a defense. If this 
ruling is allowed to stand, it will allow one-sided EULAs to force the 
waiver of the rights of First Sale and Fair Use.

Sigh.

Best regards,
Alex Ionescu
/


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