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Blizzard/Vivendi 2, bnetd 0

wiggles writes "It appears that the 8th Circuit Court of Appeals has sided with Blizzard/Vivendi (pdf link) in the ongoing bnetd case. According to the PDF of the opinion posted today, 'Appellants failed to establish a genuine issue of material fact as to the applicability of the interoperability exception [of the DMCA]. The district court properly granted summary judgement in favor of Blizzard and Vivendi on the operability exception. Summary judgement in favor of Blizzard and Vivendi is affirmed.' No word yet on the EFF's website as to what their next move will be."

8 of 538 comments (clear)

  1. Re:My move is still by geekoid · · Score: 4, Funny

    Based on WOW's popularity across demographic lines, yes, yes it is just you.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  2. A simple summary: by geekoid · · Score: 4, Funny
    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  3. Re:My move is still by DrSkwid · · Score: 2, Funny

    They came for the palmists,
    but I wasn't a palmist
    so I did nothing.
    They came for the bungee jumpers,
    but I wasn't a bungee jumper
    so I did nothing.
    They came for the players' agents,
    but I wasn't a players' agent
    so I did nothing.
    They came for the Charles Manson fans,
    but I wasn't a Charles Manson fan,
    so i did nothing.
    They came for the refloxoligists,
    but I wasn't a refloxoligist
    so I did nothing.
    They came for the camp TV chefs,
    but I wasn't a camp TV chef
    so I did nothing
    They came for the Romos,
    I laughed.
    They came for the martial arts enthusiasts,
    but I wasn't a martial arts enthusiast
    so I did nothing.
    They came for Eammon Holmes
    and I think I'm right in saying I applauded.
    They came for the Danni Behr
    I said she's over there
    behind the wardrobe.
    Turn a Blind Eye
    Sometimes it's best to turn a Blind Eye.
    -- Half Man Half Biscuit

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  4. Well, if that's the standing opinion.... by Kjella · · Score: 2, Funny

    "[P]rivate parties are free to contractually forego (...) exemptions of the Copyright Act" "parties [can] contract away a fair use defense"

    ....there *is* no fair use in the USA anymore. Why on earth would any copyright holder give away anything freely? Fair use rights are supposed to be rights the copyright holder shouldn't be allowed to withhold, like the right of first sale. Though I suppose by the "usage restrictions over DRM" protected by the DMCA you have no control over your own use anyway. Let me demonstrate how silly this is:

    EULA for this comment: Your fair use rights are null and void. If you want to quote me (that requires my permission now, bitch), you may not write anything negative about the comment, and it must be done wearing a pink bunny suit.

    --
    Live today, because you never know what tomorrow brings
    1. Re:Well, if that's the standing opinion.... by tez_h · · Score: 2, Funny
      I, for one, am willing to jump through a few hoops to protect national security and corporate innovation.

      Boy, this rabbit costume is hot.

      I might also add that your post was insightful, and obviously the product a great mind.

      Please don't sue me.

      -Tez

      --
      Haskell, the static-typed, lazy, polymorphic, programming language.
    2. Re:Well, if that's the standing opinion.... by corsec67 · · Score: 3, Funny
      EULA for this comment: Your fair use rights are null and void. If you want to quote me (that requires my permission now, bitch), you may not write anything negative about the comment, and it must be done wearing a pink bunny suit.


      Your comment sucks.

      And, I am naked.

      When can I expect the call from your lawyer?
      --
      If I have nothing to hide, don't search me
  5. Re:The case by cortana · · Score: 4, Funny

    Fear not, consumer! It is only a matter of time before your outmoded laws are harmonised with those of America.

  6. I think the answer is obvious... by Tidal+Flame · · Score: 2, Funny

    They're too busy being litigious assholes.