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Patent preemption of computer software contracts restricting reverse engineering: the last stand?

Article Abstract:

Private contractual agreements present an alternative for states wishing to protect computer software but faced with federal pre-emption of state laws restricting reverse engineering of computer software. Reverse engineering poses a threat to software developers' ability to benefit from research and development investments. Patent law is exclusively federal, but contractual agreements that restrict users should not be pre-empted by federal law.

Author: Koffsky, Mark I.
Publisher: Columbia Law Review
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1995
Software, Intellectual property, Exclusive and concurrent legislative powers, Preemption (Legislative power), Reverse engineering

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The property/contract interface

Article Abstract:

The authors focus on the distinction between property rights and contract rights. Institutions that lie along the property/contact interface, including bailment, landlord-tenant law, security interests, and trusts, are examined.

Author: Smith, Henry E., Merrill, Thomas W.
Publisher: Columbia Law Review
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
United States, States, Interpretation and construction, Contracts, Landlord and tenant, Landlord-tenant relations, Trusts and trustees, Trustees, Trusts (Law), Personal property, Bail

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Subjects list: United States, Laws, regulations and rules
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