Re: Effect of Assignments of IP on Prior Licenses

From: Lemley, Mark <mlemley[_at_]msmail.law.utexas.edu>
Date: Wed, 09 Nov 94 11:25:00 CST

---

>From: cni-copyright
>To: Multiple recipients of list
>Subject: Re: Effect of Assignments of IP on Prior Licenses
>Date: Wed, Nov 9, 1994 8:26AM
>
>
>I always assumed that the shrinkwrap license was used to get around
>the first sale doctrine. Is that incorrect?
>
>Tim Brennan
><brennan[_at_]umbc2.umbc.edu>

That's one of its purposes. It also tries to get around section 117, fair use, and reverse engineering. But at least so far, the general rule has been that shrinkwrap licenses are not enforceable to alter intellectual property rights. [On the other hand, it is pretty clear that real contracts can and do get around the first sale doctrine].

Mark Lemley
Assistant Professor
University of Texas School of Law
mlemley[_at_]msmail.law.utexas.edu Received on Wed Nov 09 1994 - 17:29:38 GMT