Re: More on NBA v. Motorola

Mark Lemley<mlemley[_at_]mail.law.utexas.edu> wrote:
>
> What would you do with a shrinkwrap license provision that said
> "licensee hereby agrees not to make fair use of this work"?

I love that scary example. Let's put aside for the moment the fact that "fair use" is not definable.... Even so, that's the result accomplished by trade secret agreements as a matter of course. But a trade secret agreement is (theoretically at least) based on a measured decision to forego certain rights in exchange for others. The real problem with ProCD is that it allowed the traditional results of a measured decision to flow from a mindless decision.

That said, I'm curious to look at Dennis' approach based on narrow vs. wide dissemination of a work. (Unfortunately, I'm having trouble opening that document) :-)

Christopher Pesce
<chrisp[_at_]corbis.com> Received on Tue Feb 25 1997 - 18:32:31 GMT