"The Tales that Article 2B Tells"

Michigan Law Authors
Publish Date
1998
Publication
Berkeley Technology Law Journal
Publication Type
Journal Article
Abstract

Proposed article 2B's description of its own relationship with copyright law is at best confused, and at worst disingenuous. The Preface to Article 2B insists that its purpose is not to create new rights in information or informational works, but only to facilitate transactions in rights deriving from some other source of law. The statutory language, however, contemplates the assertion of rights beyond those provided by any branch of intellectual property law. Ultimately, the Preface appears to contemplate that an enforceable license may be based solely on the fact that the licensor "has control over the source of information that the licensee desires to utilize," without regard to intellectual property rights. Such a rule would be inconsistent with current law, and dubious as a matter of intellectual property and informational policy. It leaves the reader at sea as to which, if any, of the statements in the Preface she should consider reliable.

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