Contract and copyright are not at war: a reply to "The Metamorphosis of Contract into Expand"

Article Abstract:

David Nimmer, Elliot Brown, and Gary N. Frischling have proposed (the Nimmer proposal) that proposed UCC Article 2B will undermine federal copyright law by allowing software and other information vendors to protect uncopyrighted material and to weaken the fair use doctrine. Like the similar McManis motion, the Nimmer proposal is based on an erroneous interpretation of case law. Because it advances an unneeded answer to a nonexistent problem, the proposal should be rejected.

Criticism and interpretation, Brown, Elliot, Frischling, Gary N., Nimmer, David

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The metamorphosis of contract into expand

Article Abstract:

Proposed UCC Article 2B will regulate transactions in the software industry. However, an analysis of federal copyright law and state contract doctrine suggests that existing copyright law sufficiently safeguards the rights of software sellers. Copyright owners who try to enhance their rights via contract clash with copyright's protection of information users. Article 2B fails to protect both the rights of information users and the requirements of federal law.

Computer software industry, Software industry

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The privatization (or "shrink-wrapping") of American copyright law

Article Abstract:

Proposed UCC Article 2B, which will regulate the licensing of digital and other information, will authorize shrink-wrap licenses, also known as mass-market licenses. These licenses claim to bind anyone who breaks the plastic seal on the software to a variety of contractual terms. The privatization of copyright law that this provision will authorize will do severe damage to federal copyright policy unless the proposed article is revised to prevent it.

Licensing agreements, Shrink-wrap license agreements, Software licensing, Compatibility (Computers), Compatible software

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