DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043654P.pdf 09/01/2005 Davidson & Assoc. v. Internet Gateway
U.S. Court of Appeals Case No: 04-3654
Eastern District of Missouri
[PUBLISHED] [Smith, Author, with Murphy and Bye, Circuit Judges]
Civil case - copyright law. State law claim that defendants violated the
end user license and terms of usage agreements contained in
plaintiffs' game software was not preempted by the Copyright Act; by
agreeing to the End User License Agreement and Terms of Use
provisions contained in the games, defendants expressly relinquished
their rights to reverse engineer the games; defendants' reverse
engineering violated the anti-circumvention and anti-trafficking
provisions of the Digital Millennium Copyright Act; defendants were not
entitled to assert the interoperability exception defense provided in the
Act.