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Full-Text Articles in Law
The Software Licensing Dilemma, Nancy S. Kim
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim
Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim
Nancy Kim
The Principles of the Law of Software Contracts, or the "Principles," seek to "unify and clarify" the law of software transactions. The drafters, however, excluded "digital content" from the scope of their project. This Essay explains why the scope of the Principles should encompass digital content. The exclusion of digital content creates two different but related problems. The first problem is that it creates what I refer to as "classification confusion." Given the complexity and speed of technological innovation, the task of distinguishing digital content from software may be difficult for courts. The second problem is that it fails to …