Jessica Barbaria
Intellectual property law governs the digital world. Thus, copyright law controls how digital content, such as software, is shared and accessed. Digital content is generally licensed, permitting users to save and use a copy of software but not to own it outright. Because the internet enables monitoring of these licenses, copyright holders can ensure users do not infringe on copyright or violate their license agreements in other ways. Software also enables advanced capabilities in physical products. For example, car manufactures can remotely modify settings to benefit drivers after they buy their cars. That said, software updates come with strings attached. As software permeates the market and becomes enmeshed in physical things, from thermostats to cars, its licensing regime travels with it. Consequently, personal property is increasingly governed by intellectual property rules, and customers who buy physical devices containing software may end up with something less than full ownership of their physical possessions. Robust copyright protection for software created this dilemma, but simply removing copyright protection cannot solve it. Instead, Congress should create permanent exceptions to the Digital Millennium Copyright Act for physical devices to allow consumers to control the products they buy.