 |
|
Contract and Copyright Are Not at War: A Reply to "The Metamorphosis of Contract into Expand" |
|
Joel Rothstein Wolfson |
|
| This Comment replies to David Nimmer, Elliot Brown, and Gary N. Frischling's Article that proposes state legislation declaring contracts unenforceable if they are "non-negotiable," to the extent they: 1) license uncopyrightable information; or 2) "abrogate or restrict" fair use. Both prongs create unintended consequences that far outweigh benefits because: 1) uncopyrightable information is a fast growing and socially important industry; and 2) contractual restrictions on fair use serve important purposes (such as protecting privacy or guarding against piracy). This Comment observes that a test of "non-negotiability" would prove unsustainable in practice, and that what the authors propose would not produce good law. This Comment suggests instead that we let courts use their existing powers to police oppressive terms or take the matter to Congress. | |
|
|
|
Copyright
© 1999 by California Law Review, Inc. |
|