Linked by Thom Holwerda on Fri 16th Oct 2009 22:50 UTC
Law and Order Remember the motions for a summary judgement filed by Apple and Psystar earlier this week? Large parts of them were censored per Apple's request. These censored parts detailed the protection measures Apple put in place in Leopard to prevent it from being installed on non-Apple labelled computers. Psystar filed a motion a few days ago asking the judge to uncensor the information.
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RE[6]: Interesting. . .
by DrillSgt on Mon 19th Oct 2009 13:29 UTC in reply to "RE[5]: Interesting. . ."
DrillSgt
Member since:
2005-12-02

Except....read Blizzard. It is possible that under Blizzard, to break a EULA deprives you of permission to make any copies, including those necessary to run the system, ie the copies into memory. I am not sure of what exactly Blizzard amounts to, but its possible that it is a counter argument.

Except for Blizzard, the point is valid.


The Blizzard case in no way would stop you from copying the program into memory in order to run it. It will however prevent the use of Bots in WoW. I really do not see how that case can be relevant to this one at all. With lawyers though anything is possible I guess. Copyright law invalidates any clause in a EULA that would indicate that you could not run the program.

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RE[7]: Interesting. . .
by alcibiades on Tue 20th Oct 2009 19:05 in reply to "RE[6]: Interesting. . ."
alcibiades Member since:
2005-10-12

People really do need to read Blizzard carefully, every word. What happens is, you break EULA. When you do that, you lose your license. That's right, the license is terminated. According to the judge, you are anyway not the owner in the sense of S117, so those protections do not apply. Also according to the judge, to use = to read into RAM = to make a copy.

Since the license is what authorizes you to make that copy by reading into RAM, you are now making unauthorized copies. Therefore you are breaking copyright.

It is not breaking the EULA that is breaking copyright. It is continuing to use after license termination because you broke the EULA = reading into RAM = making a copy, which is breaking copyright because unauthorized.

Don't yell at me, just read it carefully.

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