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[7WashJLTech&Arts445] Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies

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dc.contributor.author Gomulkiewicz, Robert W
dc.date.accessioned 2012-06-04T16:39:16Z
dc.date.available 2012-06-04T16:39:16Z
dc.date.issued 2012-06
dc.identifier.citation 7 Wash.J.L. Tech & Arts 445 (2012) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1130
dc.description vol.7 no.4, Spring 2012 Symposium: Chief Judge Randall R. Rader's Contribution to U.S. and Global Intellectual Property Law and Practice en_US
dc.description.abstract Robert W. Gomulkiewicz, Washington Law Foundation Professor of Law; Faculty Director of the Law, Technology & Arts Group, University of Washington School of Law. Abstract: Perhaps the law review literature does not need another article on the Federal Circuit’s Bowers v. Baystate Technologies case. That case has received more than its share of attention from commentators, all criticizing Judge Rader’s majority opinion and most extolling the virtues of Judge Dyk’s dissent. Despite the storm of scholarly criticism, however, courts have followed Judge Rader’s opinion. This Article tells the untold story of why courts have been wise to do so. The Article explains how commentators have argued that federal intellectual property law should have preempted Bowers’ claims for breach of a shrinkwrap license prohibition on reverse engineering. Instead, Judge Rader’s majority opinion eliminated Bowers’ copyright claim by refusing to award Bowers any remedies for copyright infringement and hinted that in many instances contract damages for breach of a prohibition on reverse engineering would be de minimus. By using remedies rather than federal law preemption, Judge Rader’s approach achieved a result that was fairer to the parties and more congruent with sound innovation policy and the business of innovation. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.subject Chief Judge Rader's Contribution to Intellectual Property Law and Practice en_US
dc.title [7WashJLTech&Arts445] Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies en_US
dc.type Article en_US
dc.rights.holder Copyright 2012 Robert W. Gomulkiewicz en_US

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