From: Sandy Thatcher <[log in to unmask]>
Date: Tue, 21 May 2013 18:23:35 -0500

The issue of contract preemption of copyright law has come up in the
context of shrinkwrap licenses and was at the center of a suit in 1996
known as the ProCD case. An interesting discussion of the issue in
that context may be found here:
http://www.law.berkeley.edu/journals/btlj/articles/vol12/ORourke/html/text.html

Sandy Thatcher


> From: Kevin Smith <[log in to unmask]>
> Date: Mon, 20 May 2013 23:14:14 +0000
>
> I know of no such cases, and my previous message did not suggest that
> there were any.  What I said was that fair use is available, as a
> default position under federal law, unless it (or some specific uses
> that would otherwise be fair use) was specifically ruled out by the
> terms of the license.
>
> Several proposals for copyright reform, however, would reverse this
> situation by stating that provisions of the copyright law would
> preempt contrary contractual provisions.
>
> Kevin L. Smith, J.D.
> Director of Scholarly Communication
> Duke University Libraries
> Durham, NC 27708
>
>
> On May 20, 2013, at 6:29 PM, "LIBLICENSE" <[log in to unmask]> wrote:
>
>>  From: Sandy Thatcher <[log in to unmask]>
>>  Date: Sun, 19 May 2013 21:00:59 -0500
>>
>>  I would be curious to know if Kevin can cites cases where fair use has
>>  trumped the terms of a licensing agreement that specifically forbids
>
>  > something that would normally be considered fair use.
>  >
>  > Sandy Thatcher