Tuesday, August 09, 2005


SHRINK-WRAP CONTRACTS ‘BOOKED’: "'The whole idea of putting a licensing agreement on a book is probably to limit fair use of books,' Gabriel says.

That probably won’t succeed, Contreras says. 'If the license agreement says you can read the book but can’t make fun of it, or you can’t excerpt even a small portion even for educational purposes, it would violate the fair-use doctrine,' Contreras says.

According to Contreras, the MSBA's agreement prohibits copying, and 'it’s not entirely clear whether such a contractual prohibition would trump the fair use doctrine.' He adds, 'It's very possible the contractual prohibition would not be enforceable to prevent a fair use.'"