In our last issue1, we reported on Bowers v. Baystate Technologies, Inca decision that was sent back to the Court of Appeals for reconsideration at the behest of some professors who sought clarification of the previous ruling. In its first ruling, the U.S. Court of Appeals for the Federal Circuit considered whether contract rights, which arise by virtue of a shrink-wrap license, were preempted by the Federal Copyright Act. In their request for clarification, professors and other educators joined to express their concerns that the provisions of a shrink-wrap license could preclude privileges under the Copyright Act. Central to their concerns was fair use, a privilege extended under Section 107 of the Copyright Act, which particularly favors college professors and research entities.
