http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf
2'nd district circuit court ruling taking 90% of the bite out of EULAs. Note that however the 8'th district circuit ruled the opposite in Blizard v. BNetD (So don't take this as legal advice).
The Meat of it;
"Judge Leval decisively and rightly rejects the idea that Section 117 can be bypassed by the software developer's unilateral characterization of the transaction as a "license." Importantly, the court goes on to hold that the defendant in the case could lawfully exercise the rights of a Section 117 "owner" even though it did not possess formal title to its copy of the program...
...We conclude in the absence of other evidence that Titleserv's right, for which it paid substantial sums, to possess and use a copy indefinitely without material restriction, as well as to discard or destroy it at will, gave it sufficient incidents of ownership to make it the owner of the copy for purposes of applying ? 117(a) ...
...Thus, a right to make those changes necessary to enable the use for which it was both sold and purchased should be provided. The conversion of a program from one higher-level language to another to facilitate use would fall within this right, as would the right to add features to the program that were not present at the time of rightful acquisition."
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