On 12/21/2010 10:02 AM, Alexander Terekhov wrote:
But what does a "condition" to GIVE written offer has to do
> with rights spelled out in 17 USC 106 in the first place?
Because they are conditions on how the work may be copied and distributed, and are therefore part of the exclusive right of the copyright holder under the Copyright Act. Just as the court decision said: <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. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss