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. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss