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Full-Text Articles in Law

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner Jan 2001

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …


Remarks On The Background And Development Of Ucita, Carlyle Ring Jan 2001

Remarks On The Background And Development Of Ucita, Carlyle Ring

Richmond Journal of Law & Technology

It's a real pleasure to be here. My formal name as introduced is Carlyle Ring, but as Barbara Beach who was assistant city attorney when I sat on the City Council for Alexandria, knows well, everybody calls me Connie. And so please address me by my nickname: Connie.


Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg Jan 2001

Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg

Faculty Scholarship

The relationship of copyright to new technologies that exploit copyrighted works is often perceived to pit copyright against progress. Historically, when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright owners, courts decline to find infringement. However, when owners seek instead to participate in and be paid for the new modes of exploitation, the courts, and Congress, appear more favorable to copyright control over that new market. Today, the courts and Congress regard the unlicensed distribution of works over the Internet as impairing copyright owners' ability to avail …