Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringement case

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

--- Eric Seppanen <eds@reric.net> wrote:

> "Adobe asserts that its license defines the relationship between Adobe
> and any third-party such that a breach of the license constitutes
> copyright infringement. This assertion is not accurate because copyright
> law in fact provides certain rights to owners of a particular copy."
> 
> Gotta love it.  Any chance this would affect the California DeCSS case?
> (weakening the DVDCCA's argument that the Xing EULA forbids reverse
> engineering)

Johansen claims he did not accept the Xing EULA. Xing doesn't run on NT, which
he uses, so it's a credible claim. The DVDCCA argument depends on lack of
acceptence of the EULA resulting in misappropriation. If Johansen is the owner
of software he bought, then I don't see how this carries any weight, especially
in light of 17 USC 117 which give the "owner" the right to make an "adaption"
for use in a machine.


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