Grapes with licensing agreement

Via Boing Boing comes this marvel of legal wackiness. The plastic bag containing grapes has the text:

The recipient of the produce contained in this package agrees not to propagate or reproduce any portion of the produce, including (but not limited to) seeds, stems, tissue and fruit.

I suppose that the sellers are trying to make an analogy with shrinkwrap licenses. The result, if the text on the bag is upheld in court, would mean that any attempt to grow new grapes from the content of the bag is in violation of the “license” (for the want of a better word). Violating a contract does not mean automatically that the seller or producer can recieve damages so what is left? If you manage to grow something from this bag you will have to give back the original grapes? Its all too confusing.

photo: Grapes with an EULA by dasmart (CC by-nc-nd)

World of Warcraft EULA violation

Technollama has his finger on the pulse of the recent World of Warcraft EULA case – read all about it!

The suit involved cheating autopilot exploit which allows a player to gather gold automatically by using intelligent agents and bots to control an avatar. MDY distributes software advertised specifically to serve as an exploit, which represents a serious problem for WoW developers Blizzard Entertainment because it affects legitimate players who put time and effort into levelling and gathering gold.

Seriously the results are important far beyond gaming – as if that was not an important topic

I must say that I do not like MDY, and my initial reaction was to wish Blizzard the best. However, this is a diabolical ruling. The actual effect of the court’s argument is that if you any user is in breach of the Terms of Use, they will also be liable for copyright infringement. To put this in other terms, if I let you into my house, I am giving you a permission to enter. I cannot just decide to revoke my permission unilaterally (which is what Blizzard’s EULA says), and while you’re inside call the police alleging that you broke in. No wonder EFF have flipped over the story (although I do not agree with their provoking title). William Partry is also beffudled by the strange decision.