The Internet of Things: How Digital Copyright Rules Govern Our Physical World
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...
On Federal Preemption of Contractual First Sale Waivers
Gary Miller Congress is working with a very sensitive scale and it would be tough enough to keep things steady without copyright holders sneaking over and sticking a big toe on the edge every time they feel threatened. It is true that Congress (or at least some member or members of Congress) might have expected parties to contract around the first sale requirement, and of course, the copyright holders assert that, with the world changing too fast for the statute to keep up, therefore the big toe has been absolutely necessary for protection from looting, piracy and/or insolvency–in other words,...