Contracts & Copyright (II) – Limits Beyond the Law

In yesterday’s post, I laid out some basic principles of copyright and contract law, and started to outline some of the complicated implications of them. Here’s an expansion on one of those areas: contracts can prevent you from doing things that copyright would normally allow you to do Edison Eula…

Contracts & Copyright

This post is spurred by a number of conversations I’ve had recently with close friends and more distant acquaintances, about use and/or publication of archival materials, and materials from subscription databases. Rick Anderson’s thoughtful “Asserting Rights We Don’t Have” post, which was published in the midst of these discussions, was…

Felony Terms of Use Violations? Lessons for all of us

Recently a new criminal indictment was filed against Aaron Swartz, for his alleged activities downloading large numbers of journal articles. These charges are mostly based on violations of use agreements for JSTOR and the MIT campus network – that is, if the use agreements had been written differently, there might…

Pinterest, copyright, and Terms of Service

[Update, 3/13/12 – some clarifications and additions.]There’s a couple of different articles circulating about a Pinterest user regretfully deleting her Pinterest boards and/or account, because it’s just illegal/unethical/morally wrong/too scary/something else. A number of my friends have shared links to these articles or others about Pinterest and legal issues, accompanied…

Jail? For downloading too many articles???

On Tuesday, a lot of the conversation in my neck of the internet was about the arraignment of activist & open access advocate Aaron Swartz on federal charges of wire fraud and unauthorized network use. Most of the discussion was among the geeklaw aficionados, and  I’ve been kind of surprised…

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