cyckV4

The Interaction between Copyright, Contracts, and the DMCA 599
a violation of the Terms of Use is a condition or a covenant. The court rejects the
formalistic argument suggested by MAI and § 106 that the code has been copied into
RAM under an agreement and therefore that any violation of that agreement is a violation
of copyright law. Instead, it focuses only on those violations of the TOU that have a
nexus to the traditional rights of the copyright holder. Now compare this reasoning to the
court’s analysis of whether the copyright owner can impose through digital fences and
watchdogs, requirements unrelated to copyright’s traditional rights, and then label any
attempt to get around them a violation of § 1201. Why impose a “nexus to copyright
infringement” requirement in one setting and then reject it for the other? Why
permit “rights-creep” by code, but not by contract? Is Judge Callahan a legal realist when
it comes to § 106 but a formalist when it comes to § 1201? Is there some other
explanation?
5.) This book is under a Creative Commons Attribution, Non Commercial, Sharealike
license. You can find the license here. https://creativecommons.org/licenses/by-ncsa/3.0/us/
You should look at the full terms of the license, available from that link, but
the license deed (a human–friendly summary) is as follows:
Your use of this book is subject to the terms of the license. You can copy it, send copies
by email, put it on your website, adapt it for your own course by cutting and editing it.
But you must comply with the listed terms. Use the analysis supplied in MDY. Are these
conditions? Covenants? Answer the following questions.
a.) Joe is a law student who wants to go into business for himself. He finds the digital
version of this book before his classmates realize they can download it freely. Joe offers