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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RE: Legal matters
by rhavyn on Sat 11th Sep 2010 02:10 UTC 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.

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