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The Privatization (or "Shrink-Wrapping") of American Copyright Law |
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| One of the specific purposes of proposed UCC Article 2B is to make enforceable a variety of "mass-market licenses," including both "shrink-wrap licenses" that are typically contained in the packaging of mass-distributed software and their electronic equivalent, "click here" contracts, that govern access to digital information. This Comment argues that, unless Article 2B is amended to prohibit, or at least to discourage, the use of mass-market licenses to require users of copyrighted works to waive their federally- created privilege to make fair use of copyrighted works, this new contractual device will be used to secure all of the benefits of federal copyright law, with none of its limitations--resulting in the "privatization" or "shrink- wrapping" of American copyright law. | |
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Copyright
© 1999 by California Law Review, Inc. |
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