chris at metatrontech.com
Thu Feb 3 06:21:25 UTC 2011
On Tue, Feb 1, 2011 at 5:19 PM, Ben Reser <ben at reser.org> wrote:
> MDY v Blizzard is worth looking at within this realm. The appeal
> court overturned some of the lower courts ruling that applies here and
> the case is still working its way through the courts. I'll admit this
> is a case where the court may be biased against this specific type of
> interoperability and that it has a lot of unusual specifics (server
> providing copyrighted data) that may not apply in general.
But again this is looking specifically at DMCA-related claims over
circumvention of access control and the argument that this creates
infringing derivative works via the non-literal audio-visual
experience of the game, right?
I don't see how this can be generalized beyond video games because
these games end up with extra protection in the eyes of the courts
because they are more expressive in their output than purely
functional software is. The appeals court indeed rejected all the
claims not specific to the protections of videogames as interactive
audio-visual works of art independent of their form in software. Or
am I misreading something?
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