>the EULA is a contract in which you give up some of your rights in exchange for not being sued for copyright infringement for copying the software from disk into RAM. This is copying under copyright law and the 1976 Copyright Act.
That sounds ludicrous, I can't believe it. Is there a precedent of this argument being used in court that you know of?
IIRC it has come up in various Blizzard lawsuits around bots and cheat software.
From MDY Industries v. Blizzard:
> As with most software, the client software of WoW is copied during the program's operation from the computer's hard drive to the computer's random access memory (RAM). Citing the prior Ninth Circuit case of MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511, 518-19 (9th Cir. 1993), the district court held that RAM copying constituted "copying" under 17 U.S.C. § 106.[4]
That one is more about another program accessing the ram and reading it (the act itself meaning that data in memory is "copied" again) but it's not a big jump to apply the same logic to a regular player's usage of the game.
That sounds ludicrous, I can't believe it. Is there a precedent of this argument being used in court that you know of?