Linked by Thom Holwerda on Fri 10th Sep 2010 23:38 UTC
Legal EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!
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Legal matters
by chandler on Sat 11th Sep 2010 00:19 UTC
chandler
Member since:
2006-08-29

In any case, only Congress can do anything about this now.

Absolutely wrong. This was a ruling by a panel of the 9th circuit. It can be overturned in an en banc hearing or by the Supreme Court - and an en banc hearing is plausible if it contradicts previous rulings of the 9th circuit.

Reply Score: 5

RE: Legal matters
by Thom_Holwerda on Sat 11th Sep 2010 00:22 in reply to "Legal matters"
Thom_Holwerda Member since:
2005-06-29

Absolutely wrong. This was a ruling by a panel of the 9th circuit. It can be overturned in an en banc hearing or by the Supreme Court - and an en banc hearing is plausible if it contradicts previous rulings of the 9th circuit.


Well, I based that on the wording of the ruling itself and the article over at Ars about this, which said the same. I also figured "what about the Supreme Court?", so guess my wonder was a good one.

Fixing.

Reply Parent Score: 2

RE: Legal matters
by rhavyn on Sat 11th Sep 2010 02:10 in reply to "Legal matters"
rhavyn Member since:
2005-07-06

Realistically, however, there is no chance this will be reversed by the 9th Circuit or the Supreme Court. Although many here will dislike the ruling, it's actually a very will written opinion.

The 9th Circuit won't reverse this decision en banc because it clears up two previously contradictory rulings and now provides a fairly simple three prong test as to whether software is sold or licensed. So, from the 9th Circuit's point of view, this will have been wrapped up quite nicely.

The Supreme Court won't over rule for two major reasons. The simpler is that it's been stacked with pro-business justices for most of the past 20 years. Second, the 9th Circuit opinion is very well written. It specifically references the legislative history of Section 117 and how Congress changed the wording from “rightful possessor” to "owner." Since Congress's intent seems clear based on this opinion, and copyright is squarely within Congress's domain, the Supreme Court will rightfully defer to the legislature. Go look at how far Lawrence Lessig got in front of the Supreme Court, and that was arguably a less business friendly Court then we have today.

Reply Parent Score: 3