Right of first sale never applies because you never actually purchased the software... you only purchase a license to use it under explicit terms (held up in court).
And if you didnt know this when you purchased it, the installation tells you and you are able to return the box for up to 30 days for a full refund.
"obtained the right to use a copy of a computer program"
They never obtained the right to use the copy of the computer program in the first place so the judge ruled correctly... and in the BNet case, they reverse engineered the software specifically to circumvent the use of a CD key that Blizzard was using to validate that users were using legal copies of their client.
Now the problem with the WoWGlider case is that WoWGlider loads a secondary copy of the client into its own memory space so that it can limit what Blizzards copyright validation / cheat protection program does on the host computer..
And then there is the issue of whether or not WoWGlider is a legitimate use of the reverse engineering provisions of DMCA.. is it beneficial or detrimental which is what the court will probabily pay the most attention to.
BUT.. Blizzard gives you 30 days to return the product for a full refund if you decide not to agree with the terms of the EULA/TOS.
And in the BNet case, the state court and US court of appeals determined that Blizzard EULA constitutes a valid enforcable contract.
6.) You dont own the software.. you only purchased a license that allows you to use it under certain circumstances.. and if you buy the box and dont agree with the terms, Blizzard gives you 30 days to return the box for a full refund provided you did not activate your account key.
And thats the crux of the situation.. and Blizzard's position already has case law backing the validity of their EULA/TOS.
First of all, you need to do a little research before you make such blanket statements as to what your rights are. Blizzard sued, won and got a case upheld in US Supreme Court in a previous suit against DNet... just a few things people should know from that case as the EULA/TOS are pretty much identical in WoW.
1.) You dont own the software, you only pay for the privilege of being granted a license to use a copy of it only if you use it to access their servers.
2.) You can give up your right to reverse engineer software if it is stipulated in the EULA/TOS.
3.) You cannot attempt to circumvent copy protection schemes when developing 3rd party applications per the DMCA.
4.) The 'i accept' button on the Blizzard EULA/TOS complies with all the requirements for an enforceable contract.
WoW is a paid subscription service and Blizzard has the right to regulate the state of the machines that connect to their private servers... hell they could say you can only play standing on your head, and they would have every right to enforce it.
Blizzard has a lot of settled law on their side... and given what WoW does, I am suprised they havent talked a DA into going after the WoWGlide guy under RICO law.
I have to comment on this because I went to the site and looked at one of his sample 'deeds' that is supposed to summarize the World of Warcraft EULA.. and he totally got it wrong in a few areas. I do agree that EULA's need to be clearer.. but the entire "Deed" mentality he has on his site is misleading in the worst way.. it implies ownership, and most software is purchased under a license agreement and there is no ownership involved.
It's also interesting to see all the arm chair lawyers here spout nonsense.. there have been real court cases about EULA's and some very significant items in them have been upheld and deemed enforcable.
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Right of first sale never applies because you never actually purchased the software... you only purchase a license to use it under explicit terms (held up in court). And if you didnt know this when you purchased it, the installation tells you and you are able to return the box for up to 30 days for a full refund.
"obtained the right to use a copy of a computer program" They never obtained the right to use the copy of the computer program in the first place so the judge ruled correctly... and in the BNet case, they reverse engineered the software specifically to circumvent the use of a CD key that Blizzard was using to validate that users were using legal copies of their client. Now the problem with the WoWGlider case is that WoWGlider loads a secondary copy of the client into its own memory space so that it can limit what Blizzards copyright validation / cheat protection program does on the host computer.. And then there is the issue of whether or not WoWGlider is a legitimate use of the reverse engineering provisions of DMCA.. is it beneficial or detrimental which is what the court will probabily pay the most attention to.
BUT.. Blizzard gives you 30 days to return the product for a full refund if you decide not to agree with the terms of the EULA/TOS. And in the BNet case, the state court and US court of appeals determined that Blizzard EULA constitutes a valid enforcable contract.
6.) You dont own the software.. you only purchased a license that allows you to use it under certain circumstances.. and if you buy the box and dont agree with the terms, Blizzard gives you 30 days to return the box for a full refund provided you did not activate your account key. And thats the crux of the situation.. and Blizzard's position already has case law backing the validity of their EULA/TOS.
First of all, you need to do a little research before you make such blanket statements as to what your rights are. Blizzard sued, won and got a case upheld in US Supreme Court in a previous suit against DNet... just a few things people should know from that case as the EULA/TOS are pretty much identical in WoW. 1.) You dont own the software, you only pay for the privilege of being granted a license to use a copy of it only if you use it to access their servers. 2.) You can give up your right to reverse engineer software if it is stipulated in the EULA/TOS. 3.) You cannot attempt to circumvent copy protection schemes when developing 3rd party applications per the DMCA. 4.) The 'i accept' button on the Blizzard EULA/TOS complies with all the requirements for an enforceable contract. WoW is a paid subscription service and Blizzard has the right to regulate the state of the machines that connect to their private servers... hell they could say you can only play standing on your head, and they would have every right to enforce it. Blizzard has a lot of settled law on their side... and given what WoW does, I am suprised they havent talked a DA into going after the WoWGlide guy under RICO law.
I have to comment on this because I went to the site and looked at one of his sample 'deeds' that is supposed to summarize the World of Warcraft EULA.. and he totally got it wrong in a few areas. I do agree that EULA's need to be clearer.. but the entire "Deed" mentality he has on his site is misleading in the worst way.. it implies ownership, and most software is purchased under a license agreement and there is no ownership involved. It's also interesting to see all the arm chair lawyers here spout nonsense.. there have been real court cases about EULA's and some very significant items in them have been upheld and deemed enforcable.