Tuesday, April 10, 2007

Terms of Use and copyright misuse...

Author of World of Warcraft tool, WoWGlider, sues for declaratory judgment that the development use of the software was not copyright infringement, and rather, that the terms of use constitutes copyright misuse:

Although defendants‟ EULA and TOU prohibit circumvention of the Warden software for interoperability purposes, such restrictions in the defendants‟ agreements constitute copyright misuse. And such restrictions are preempted by the interoperability exception in the DMCA. 17 U.S.C. § 1201(f). Thus, because the defendants‟ Warden software attempts to preclude third-parties from independently writing software that lawfully interacts with World of Warcraft, the defendants have misused their copyright.

Court pleading.

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