Jonathan Band and Masanobu Katoh
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262015004
- eISBN:
- 9780262295543
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262015004.003.0004
- Subject:
- Information Science, Information Science
This chapter examines the enforceability of contractual restrictions on reverse engineering and considers the treatment of this issue in the context of the Uniform Computer Information Transactions ...
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This chapter examines the enforceability of contractual restrictions on reverse engineering and considers the treatment of this issue in the context of the Uniform Computer Information Transactions Act (UCITA) in the U.S. It analyzes court decisions on court cases related to preemption and the enforceability of shrinkwrap licenses including Bowers v. Baystate Technologies and Davidson v. Jung. The analysis suggests that both the Constitution and the Copyright Act preempt enforcement of contractual restrictions on reverse engineering and that such terms in shrinkwrap licenses may not be enforceable under state contract law if users do not manifest their assent to the terms.Less
This chapter examines the enforceability of contractual restrictions on reverse engineering and considers the treatment of this issue in the context of the Uniform Computer Information Transactions Act (UCITA) in the U.S. It analyzes court decisions on court cases related to preemption and the enforceability of shrinkwrap licenses including Bowers v. Baystate Technologies and Davidson v. Jung. The analysis suggests that both the Constitution and the Copyright Act preempt enforcement of contractual restrictions on reverse engineering and that such terms in shrinkwrap licenses may not be enforceable under state contract law if users do not manifest their assent to the terms.
