There is a built-in tension between the perception of copyright law as promoting a delicate balance between the interests of creators, distributions, and users of information goods and contract law’s laissez-faire philosophy. Legal systems need to decide how to approach this tension and...

Twenty one years ago, copyright died. More accurately, it was killed. In 1996, in ProCD v. Zeidenberg, Judge Easterbrook, writing for the Seventh Circuit, held that a contract that restricted the use of factual information was not preempted by the Copyright Act and therefore enforceable. The...

In Statutory Domain and the Commercial Law of Intellectual Property, John Duffy and Richard Hynes argue that IP exhaustion — the doctrine that limits a patentee's or copyright holder's control over goods in the stream of commerce — was created and functions exclusively to confine IP law...