Legal Question in Technology Law in Ohio

EULA Enforcement

This a quote from a EULA

agreement:

''You must not create or provide any

other means by which any -----

Product may be played by others

(including, without limitation,

replacement or modified client/server

software, server emulators).''

Now, I have also read this on

Wikipedia:

''As the case of Lotus v. Borland

demonstrates, recreating ''methods

of operation'' is not a copyright

infringement.[dubious � discuss]

Thus, emulating copyrighted material

is not a breach.''

So, my question is that if someone

did create a server emulator for the

game in question, would that clause

in the games EULA be enforceable by

law? Also, I am referring to the

server only, with no copied code or

material from the official games

client.


Asked on 7/04/09, 3:34 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: EULA Enforcement

I am not inclined to discuss whether a particular agreement may be enforceable, in light of a case citation which may or may not be relevant, with someone who is neither my client nor another attorney. I'm not going to go read that case and I don't have the full agreement, so anything I could say would be speculation at best, and idiotic at worst. Sorry.

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Answered on 7/04/09, 8:18 am


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