Re: How can the Bettmann Arc

> Gates will probably sell many of the images on CD, where it will
> be cheaper and more efficient to buy and use GAtes's CD than it
> will be to copy it oneself. His product will be a service: store,
> locate and retrieve the image; not an IP product: the image itself.
>
> Buford C. Terrell

And will Gates sell his CD with a shrink-wrap license forbidding duplication and distribution of the particular images thereon? Assuming that he can enforce the license, I figure that the resulting contract would pass muster under $301. An action for infringement of a license requires the plaintiff to prove an element not necessary for a (c) infringement suit. The license right thus ought not be considered equivalent to any of the rights set forth in $106. Even if this moots $301, though, the Supremacy Clause remains a problem.

Tom W. Bell
Program in Law and Technology
Univ. of Dayton School of Law
<tomwbell[_at_]aol.com>

PGP key fingerprint:
78 06 76 AC 32 38 A6 4C B3 81 F4 1E 2E 27 AC 71 Received on Thu Oct 26 1995 - 18:39:01 GMT