In DMCA video game lawsuit, does Blizzard Entertainment have a point? [ip]

[Declan McCullagh <declan () well com>]

http://news.com.com/2010-1047_3-5753491.html

...The 8th Circuit Court of Appeals in St. Louis is set to hear 
arguments Monday in a case that may decide how the Digital Millennium 
Copyright Act, or DMCA, applies to computer software and the important 
practice of reverse engineering...
...A more difficult question centers on the click-wrap license to which 
Combs and Crittenden agreed when installing Blizzard's software. It 
explicitly forbids reverse engineering or doing anything to "emulate or 
redirect the communication protocols used by Blizzard as part of 
Battle.net." The Electronic Frontier Foundation and its ideological 
allies argue that this kind of license is invalid and unenforceable 
because of a "fair use" right to reverse engineer. I'm not so sure about 
that, though...
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