This moves us toward a world where contracts of adhesion strip consumers of a whole host of important rights," says Corynne McSherry, staff attorney at the Electronic Frontier Foundation. "This conflicts with the spirit of [the Supreme Court’s decision in] Bobbs-Merrill. Bobbs-Merrill stands for the principle that there is a limit on copyright. The 9th Circuit panel essentially says Bobbs-Merrill is controlling precedent, but you can get around that with magic words."

Wednesday, December 1, 2010
Inside Counsel

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