albino boo said:
Small but rather important point Danish law does not invalidate the EULA and TOS. The contract is not unfair and doesn't ask you commit and illegal act. Its is perfectly legal to paint your house purple but in the sales agreement its states you can't paint your house purple you are guilty of breaching that contract.
...except if there are laws that says that the right to repaint your house can't be waived by agreement. In that case, the law invalidates that part of the agreement.
This might not be the case with houses, but it is the case here. If you look at an earlier post of mine, i actually translated the entire paragraph to english for someone else. Feel free to go read it.
albino boo said:
As stated before they can not profit from breaching contract so there is no need to prove damages.
Yes you can, because if the law declares parts of the contract invalid, then there has been no breach of contract.
And yes, even if you had been in breach of contract, you still need to be able to prove damages to get a distinct economic compensation.
albino boo said:
Furthermore the Danish parliament can change the law as much as it likes but due to the primacy of EU law any case will decided under EU law and not Danish law. The law will struck down by Danish courts. The only reason why is hasn't because large corporations don't really care about what the law is in small EU member states with populations less than a major city. If this was French, German or English law it would have already been challenged. if necessary, all the way to the Europa court.
...except that this shows that you don't understand how the European Union works
With the exception of some major laws, most EU laws (including copyright laws) aren't really laws, but rather directives that member states are
obliged to enact in their national laws (they typically get a deadline to do so). So in short, EU simply dictates some terms about how national laws are written. The directive in question here is called the Infosec Directive [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML], and simply dictates a couple of requirements that member states has to apply in their national copyright laws.
What's important here, however, is that the EU directives typically only acts as a form of minimal requirements to a member states copyright laws. The member state is free to enact it's own copyright laws beyond that, and unless one of those laws happens to be in direct conflict with a european law, then the law still takes full effect. So unless you can prove that our special paragraph somehow conflicts with european law (hint: it doesn't. There is nothing in european law that contradicts national law creating reasonable exceptions to copyright), then the EU courts aren't going to act on it
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Also, why you think the size of the country matters is beyond me. This case is a matter of internet property, and the internet has no boundries. Blizzard would probably sue a bot-making company within their legal reach, no matter which country it was based in. The appropriate question is whether or not said company can afford a lawsuit or simply just shuts down at the mere threat of one - we've seen that before
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