Alexander Terekhov wrote:
How does not puking and tracking of total number of pukes possibly
violate any exclusive rights listed in 17 USC 106?

Because 17 USC 106 gives the owner of title the exclusive right
to authorize the reproduction of copies, and inherent in that
right is the ability to require that conditions be met. Failure
to meet the conditions constitutes copyright infringement:
<http://cyberlaw.stanford.edu/packet/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh>

The CACF's opinion is just amusing nonsense, OTOH.

The CAFC's decision has not been overruled, and therefore stands.
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