#12, I fail to see how the Commerce Clause is at all implicated in this case. Generally, a civil action for breaching a EULA is governed by common law contract principles. When you buy software, you do not "own" the software any more than you "own" an amusement park that you visit. If you breach a term of the contract, the other contracting party can revoke your license if you signed a contract saying that they can do so. There is nothing unconscionable or against public policy in this principle. If you don't like the terms, you can return the software and get your money back.
Nor is the source of a cause of action under the DMCA to be found in Commerce Clause principles. Congress has plenary power to enact copyright legislation, see A.II Section 8 cl. 8. In any case, Commerce power applies to enacting legislation, not bringing civil actions in federal or state courts.
I likewise fail to see what about Article VI has any relevance to this issue - maybe you can clarify for me?
Ce-Oh no he didn't, part XXXII - Sony UK boss calls US citizens "cheap people"
Mar 26th 2007 5:54PM (Engadget)Blizzard sued by WoW Glider creator
Nov 21st 2006 2:32PM (Joystiq)Nor is the source of a cause of action under the DMCA to be found in Commerce Clause principles. Congress has plenary power to enact copyright legislation, see A.II Section 8 cl. 8. In any case, Commerce power applies to enacting legislation, not bringing civil actions in federal or state courts.
I likewise fail to see what about Article VI has any relevance to this issue - maybe you can clarify for me?