MDY Industries, LLC v. Blizzard Entertainment, Inc.
Court case in the United States / From Wikipedia, the free encyclopedia
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MDY Industries, LLC v. Blizzard Entertainment, Inc and Vivendi Games, Inc., 629 F.3d 928 (9th Cir. 2010), is a case decided by the United States Court of Appeals for the Ninth Circuit. At the district court level, MDY had been found liable under theories of copyright and tort law for selling software that contributed to the breach of Blizzard's End User License Agreement (EULA) and Terms of Use (ToU) governing the World of Warcraft video game software.[1]
The court's ruling was appealed to the United States Court of Appeals for the Ninth Circuit, which reversed the district court in part, upheld in part, and remanded for further proceedings. The Court of Appeals ruled that for a software licensee's violation of a contract to constitute copyright infringement, there must be a nexus between the license condition and the licensor’s exclusive rights of copyright. However, the court also ruled, contrary to Chamberlain v. Skylink, that a finding of circumvention under the Digital Millennium Copyright Act does not require a nexus between circumvention and actual copyright infringement.
MDY Industries, LLC v. Blizzard Entertainment, Inc and Vivendi Games, Inc. | |
---|---|
Court | United States Court of Appeals for the Ninth Circuit |
Decided | 14 December 2010 |
Holding | |
MDY Industries was liable for contributory copyright infringement for selling software that caused Blizzard's customers to breach their End User License Agreement and Terms of Use contracts with Blizzard. | |
Court membership | |
Judge sitting | Consuelo Maria Callahan |
Keywords | |
United States copyright law, First-sale doctrine |