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Privately Legislated Intellectual Property Rights: Reconciling Freedom of Contract with Public Good Uses of Information

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Type: Journal Article
Author: Reichman, Jerome; Franklin, Jonathan A.
Journal: University of Pennsylvania Law Review
Volume: 147
Page(s): 875-970
Date: 1999
URI: https://hdl.handle.net/10535/8306
Sector: Information & Knowledge
Region:
Subject(s): intellectual property rights
contracts
information--law
public goods and bads
public--private
Abstract: "Because existing legal doctrines appear insufficient to control the likely costs of such a radical social experiment, the main thrust of this Article is to formulate and develop minimalist doctrinal tools to limit the misuse of adhesion contracts that might otherwise adversely affect the preexisting balance of public and private interests. We believe such tools ought to figure prominently in any set of uniform state laws governing computerized information transactions, whether or not they emerge from the current debate surrounding a proposed Article 2B of the Uniform Commercial Code (U.C.C. or the Code)...."

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