Comments on: Bad News for Fair Use

By: madisonian.net » EULA Developments

madisonian.net » EULA Developments — Fri, 02 Sep 2005 14:15:29 +0000

[...] I blogged earlier on the district court’s decision in Davidson, characterizing it as “a disaster of an opinion.” The affirmance by the Eighth Circuit is little better. It is discouraging to see the text of an opinion reflect such little critical thought about what are unquestionably very, very close issues. The court’s logic amounts to agreeing with the plaintiff that its gaming business relies on a “Secret Handshake” embedded in its games and its computer network; the defendants reverse engineered that Secret Handshake in order to play games with one another on a different computer network; and when the defendants acquired their copies of the games, they “agreed,” in an EULA, that they wouldn’t do this. See Bowers v. Baystate, from the Federal Circuit. QED. [...]

By: Copyfight

Copyfight — Fri, 01 Oct 2004 20:33:37 +0000

Click Here to Lose Your Fair Use Rights
Ernie has a great post gathering commentary & analysis of yesterday’s crushing defeat for fair use/reverse engineering/open-source programming in the BnetD case. He also offers his own .02, highlighting the decision’s oddities: If you reverse enginee…

By: madisonian theory: on law, society, and technology » Lexmark

madisonian theory: on law, society, and technology » Lexmark — Wed, 30 Nov -0001 00:00:00 +0000

[...] ger doctrine, and even (briefly) Lotus v. Borland, all of which are sadly missing from the mess that is the Battle.net opinion, Davidson & Associates v. Internet Gateway. [...]