Ownership and the Fine Print
Ownership and the Fine Print
This chapter examines the license agreements imposed by IP rights holders that redefine transactions and strip consumers of ownership even after an apparent sale. Despite their importance, consumers seldom read these license agreements because of their length and complexity. In response, IP rights holders produce highly uniform license terms that impose restrictions on the rights acquired by consumers. There are two approaches of interpreting license agreements: one treating them as contracts that require the mutual consent to be effective, while the other construing license agreements as expression of permission that does not require agreement to be effective. Many courts rely on license agreements to determine whether consumers enjoy ownership over the things they purchase. The better approach, however, should be to look at the economic reality of a transaction.
Keywords: License, EULA, Contract, Sale, Price discrimination, Consumer choice
MIT Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.