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Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitC
From: |
Hyman Rosen |
Subject: |
Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals |
Date: |
Tue, 21 Dec 2010 10:05:42 -0500 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.13) Gecko/20101207 Thunderbird/3.1.7 |
On 12/21/2010 9:48 AM, Alexander Terekhov wrote:
that breach of a "condition" not to use bots doesn't violate the
copyright act. Why do you think that a copyleft "condition" not to
restrict users downstream should be treated any differently?
Because the court itself said so:
<https://www.eff.org/files/MDY_opinion.pdf>
For instance, ToU § 4(D) forbids creation of derivative works
based on WoW without Blizzard’s consent. A player who violates
this prohibition would exceed the scope of her license and
violate one of Blizzard’s exclusive rights under the Copyright
Act. In contrast, ToU § 4(C)(ii) prohibits a player’s disruption
of another player’s game experience. Id. A player might violate
this prohibition while playing the game by harassing another
player with unsolicited instant messages. Although this conduct
may violate the contractual covenants with Blizzard, it would
not violate any of Blizzard’s exclusive rights of copyright.
Copyleft licenses impose conditions on how works may may be copied
and distributed, which are exclusive rights of the copyright holder
under the copyright act.
The copyleft enforcement theory based on copyright-not-a-contract
silliness is authoritatively dead under MDY precedent.
As usual, you are wrong. The court decision explicitly says that
copyright infringement is a possible result of license violation.
It is the nature of the license violations that determine this.
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), (continued)
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), David Kastrup, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/21
- MDY v. BLIZZARD, Alexander Terekhov, 2010/12/21
- Re: MDY v. BLIZZARD, Hyman Rosen, 2010/12/21
- Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth Circuit Court of Appeals, Alexander Terekhov, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth Circuit Court of Appeals, Hyman Rosen, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals, Alexander Terekhov, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourt of Appeals,
Hyman Rosen <=
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Alexander Terekhov, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Hyman Rosen, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Alexander Terekhov, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Hyman Rosen, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Alexander Terekhov, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Hyman Rosen, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Alexander Terekhov, 2010/12/21
- Message not available
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Alexander Terekhov, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Hyman Rosen, 2010/12/21
- Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals, Alexander Terekhov, 2010/12/21