Internet Law Commons^™

This Article argues that the evolution of software — and the looming age of the “Internet of Things” — will allow manufacturers to make use of consumer monitoring technologies and restrictive software licenses to more perfectly price discriminate. First, the increasing communication between software and its producers gives more opportunities to monitor consumer behavior and characteristics. Second, attaching restrictive copyright licenses to software, and to goods containing software, enables producers to restrict use and resale of their products. By combining monitoring and restrictive licensing, producers will have increasingly better ability and opportunities to price discriminate among their consumers.

This Article …