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Full-Text Articles in Law
Copyright And The Jurisprudence Of Self-Help, Julie E. Cohen
Copyright And The Jurisprudence Of Self-Help, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
The proposed draft of Article 2B grants broad rights to enforce electronically contract provisions governing access to and use of digital works. Purveyors of digital works may engage in electronic self-help following breach of contract, and may also elect to foreclose unauthorized uses ex ante, via electronic “regulation of performance.” This Article examines these provisions in light of existing law authorizing self-help repossession of tangible chattels, leading academic justifications for self-help repossession, and federal copyright law and policy. It concludes that the provisions authorize an unprecedented degree of intrusion into private homes and offices, that they lack a sound theoretical …
Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen
Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Over the past few years, there has been an abundance of scholarship dealing with the appropriate scope of copyright and patent protection for computer programs. This Article approaches those problems from a slightly different perspective, focusing on the discrete problem of lock-out programs. The choice of lock-out as a paradigm for exploring the interoperability question and the contours of copyright and patent protection of computer programs is informed by two considerations. First, for purposes of the interoperability inquiry, lock-out programs represent an extreme; they are discrete, self-contained modules that are highly innovative in design, yet that serve no purpose other …