The Exportability of the Principles of Software: Lost in Translation

The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held perception that the law at the time was undeveloped, confused, and conflicting. Software licensing is presently America\u27s third largest industry and has suffered from the mechanical extension of the law of sales to software over the last forty years, much like courts imported horse and buggy law to resolve problems posed by the automobile. Thankfully, the Principles achieve the objective of bringing common sense to the common law of software contracts. However, the project is heavily centered on the United States with limited exportability to the European Union in its current form. This piece looks at the path of software contracting law over the past twenty years, the Principles of Software Contracts itself, and its exportability to the rest of the world, particularly the European Union

Accountable Managed Care: Should We Be Careful What We Wish For?

Managed care is exceedingly unpopular of late. Many people believe that the problem is managed care organizations (MCOs) are unaccountable. Indeed, for many people, the creation of tort-based accountability for MCOs is the touchstone for assessing legislative reform. The case for tort-based accountability is actually quite complex, and the merits of tort-based accountability cannot be resolved with sound bites and bad anecdotes. Tort-based accountability has both costs and benefits, and little attention has been paid to the extent to which alternatives to tort-based accountability are found in existing institutional arrangements. This Article systematically considers the extent to which alternatives to the tort system have become widely accepted parts of the commercial landscape, and the trade-offs associated with the use of the tort system to deliver accountability. The Article concludes with ten suggestions for regulating managed care if the goal is actually to improve the care provided

Why Is Betamax an Anachronism in the Digital Age?

This Article aims to examine whether, as some courts indicate, the Sony doctrine is largely irrelevant in cyberspace. If the answer is no, how should courts properly apply the Sony doctrine to protect copyright holders\u27 legitimate interests and further the innovation and prosperity of Internet technologies? This Article argues that the Sony doctrine should be given the widest application possible and not be subject to any preconceived formula. In the digital age, the test of capable of substantial noninfringing uses is still well suited to advance the ultimate objective of copyright law contemplated by the Supreme Court as well as by the Constitution: promot[ing] the Progress of Science and useful Arts